HomeMy WebLinkAbout1998 Ordinance No. 014.....
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ORDINANCE NO. Ii
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "GRANT OF CITY DITCH RIGHT-OF-WAY" BETWEEN THE
ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD FOR
THE PROPERTY KNOWN AS 3400 SOUTH SHERMAN.
WHEREAS, by the passage of this Ordinance the Englewood Housing Authority
would grant the City of Englewood a City Ditch Right-Of-Way for the property located
at 3400 South Sherman; and
WHEREAS, the City of Englewood is responsible for conveying water through the
City Ditch; and
WHEREAS, the City Ditch right-of-way along a section of the City Ditch is
necessary for repairing and conveying water in the City Ditch; and
WHEREAS, the City does not appear to have a recorded City Ditch right-of-way for
the section at 3400 South Sherman Street; and
WHEREAS, permanent right-of-way will be conveyed to the City with the attached
easement agreement for 3400 South Sherman Street;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS:
Section 1. The Intergovernmental Agreement, entitled "Grant Of City Ditch Right-
Of-Way", attached hereto as "Exhibit A," is hereby accepted and approved by the
Englewood City Council.
Section 2. The City Manager is authorized to execute and the City Clerk to attest
and seal the Agreement for and on behalf of the City of Englewood, Colorado .
Introduced, read in full , and passed on first reading on the 19th day of January
1998 .
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Published as a Bill for an Ordinance on the 23rd day of January, 1998 .
Read by title and passed on final reading on the 2nd day of February, 1998.
Published by title as Ordinance No./_i_, Series of 1998, on the 6th day of
February, 1998 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy 1oJ the Ordinance passed on final
reading and published by title as Ordinance No . Q , Series of 1 .
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EXHIBIT A
GRANT OF CITY DITCH RIGHT-OF-WAY
THIS GRANT of City Ditch Right-Of-Way (this "Grant") is made this_ day of_
1997, by the ENGLEWOOD HOUSING AUTHORITY ("Grantor") whose address is 3460
South Sherman Street, Englewood, Colorado 80110, in favor of the CITY OF ENGLEWOOD
("Grantee") whose address is 3400 S. Elati Street, Englewood, Colorado 80110.
The parties covenant and agree as follows:
1. Ri~ht-Of-WayProperty . The "Right-Of-Way Property" shall mean the real
property located in the County of Arapahoe, State of Colorado, more particularly
described as:
Beginning at the N.E. corner of Lot 1, Block 7 Premier addition thence South
along the East Line of Lots 1and2, 27.77'; thence on an angle to the right of
100° 48' 16", a distance of 66.03'; thence on an angle to the right of 30° 00' 00" a
distance of 23.54' to a point on the North line of said Lot l ; thence on an angle
to the right of 139° 11' 16" a distance of 82.68' to the point of beginning.
See attached Exhibit A, consisting of one page .
2 . Consideration. As consideration, Grantee has given Grantor ten dollars ($10.00)
and other good and valuable consideration, the receipt of which is hereby
acknowledged by Grantor.
3 . Grant of City Ditch Ri~ht-Of-W ay. Grantor hereby grants to Grantee, its
successors and assigns, a Right-Of-Way (the "City Ditch Right-Of-Way) over,
under, across and through the Grantees property for the purpose of constructing,
operating, maintaining, repairing, replacing, removing, improving and
enlarging t he City Ditch. The City Ditch shall mean the City Ditch and all
necessary underground and surface appurtenances thereto necessary or desirable
for the transmission of water including, but not limited to, mains, conduits, vaults
and ventilators .
4 . Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall
have the right of subj acent and lateral support on the Right-Of-Way Property to
whatever extent is necessary or desirable for the full, complete and undisturbed
enjoyment of the rights granted to Grantee under this Grant.
5. Warranty of T itle. Grantor warrants and represents that Grantor is the owner of
the Right-Of-Way property and that Grantor has full right, title and authority, to
grant and convey to Grantee the Right-Of-Way. Grantor further covenants and
agrees to indemnify, defend and hold Grantee harmless from and against any
adverse claim to the title to the Right-Of-Way Property by all and every person or
persons lawfully claiming or to claim the whole or any part thereof.
6. Bindin~ Effect. This Grant shall extend to and be binding upon the heirs, personal
representatives, successors and assigns of the respective parties hereto. The terms,
covenants, agreements and conditions in this Grant shall be construed as
covenants running with the land .
IN WITNESS WHEREOF, the parties hereto has executed this Grant of City Ditch
Right-Of-Way the day and year first above written.
GRANTOR:
ENGLEWOOD HOUSING AUTHORITY
Cheryl St. Clair, Executive Director
STATE OF COLORADO
) SS.
COUNTY OF ARAPAHOE )
Acknowledged before me this __ day of , 1997 , by
Cheryl St. Clair, as the Executive Director of the Englewood Housing Authority.
Notary Public
My Commission expires: -------
GRANTEE :
THE CITY OF ENGLEWOOD
ATTEST:
Loucrishia A. Ellis , City Clerk Gary Sears, City Manager
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LEGAL O.C. e
BEGINNING AT THE N.E.CORNER OF LOT I 1 BLOCK 7 PREMIER ADDITION
THENCE SOUTH ALONG THE EAST LINE OF LOTS I AND 2 27. 77) THENCE
ON AN ANGU:: TO THE RIGHT OF 100° 481 1611 A DISTANCE OF 66.031
;
THENCE ON AN ANGLE TO THE RIGHT OF 30° 001 0011 A DISTANCE OF
23.541
, TO A POINT ON THE NORTH LINE OF SAID LOT I; THENCE ON AN
ANGLE TO THE RIGHT OF 139°11t 16 11 A DISTANCE OF 82 .681 TO THE POINT
OF BEGINNING.
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82 .681
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SCAU:: 111 = 10 1
N.E.CORNER LOT I BLOCK 7
PREMIER ADDITI07
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COUNCIL COMMUNICATION
Date Agenda Item Subject
City Ditch Easement
January 19, 1998 10 a i Acquisition -Sherman & Girard
Initiated By Staff Source
Utilities Department Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
Recommend Council approval of Council Bill No. 2 for an intergovernmental agreement entitled "Grant
of City Ditch Right-of-Way" located at Sherman and Girard.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Property located at southeast corner of Sherman and Girard is currently owned by the Englewood
Housing Authority. The Housing Authority is proposing to building condominium units on the site.
Englewood's City Ditch crosses the northeast corner of the subject parcel. The only easement is an
easement by prescription, meaning the ditch was there first. The Utilities Department wishes to
acquire a formal, recorded easement for this section of the City Ditch. Acquiring this easement while
the site is owned by Englewood Housing Authority would simplify the process.
Not all sections of the City Ditch are in recorded easements or rights-of-way. In some sections, the
City Ditch is not in recorded rights-of-way, but in an easement by prescription. As opportunities arise,
the Utilities Department is attempting to acquire easements. Easements by prescription allow the City
to maintain the ditch as-is, where-is with no improvements. Formal easements allow the City to
improve the ditch.
Englewood's City Attorney has reviewed the easement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Council Bill No. 2
Grant of City Ditch Right-of-Way