HomeMy WebLinkAbout1998 Ordinance No. 026-
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ORDINANCE NO . J'2
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COLORADO WATER CONSERVATION BOARD OF THE
STATE OF COLORADO AND THE CITY OF ENGLEWOOD , COLORADO
AUTHORIZING AN EASEMENT FOR THE CONSTRUCTION OF A CONCRETE
BICYCLE/ PEDESTRIAN PATH ALONG THE SOUTH PLATTE RIVER
CHANNELIZATION PROJECT .
WHEREAS , the United States Army Corps of Engineers has constructed
improvements in the channel of the South Platte River in Arapahoe County, such
improvements are known as the South Platte River Channelization Project; and
WHEREAS, the primary purpose of the Channelization Project is to provide
drainage, flood control and to maintain water flow; and
WHEREAS, the U .S. Army Corps and the City of Englewood entered into two
agreements which give the Colorado Water Conservation Board the responsibility of
acquiring land, easements and rights-of-way for the Channelization Project and the
duty of maintaining and operating the Channelization Project; and
WHEREAS, the Colorado Water Conservation Board has acquired certain fee title
interests , rights-of-way, and easements within the Channelization Project right-of-
way for the purposes of constructing and maintaining the Channelization Project;
and
WHEREAS, the City wishes to acquire and the Colorado Water Cons ervation Board
is willing to grant an easement for the construction, operation and maintenance of a
concrete path on the Colorado Water Conservation Board's property within the
Channelization Project as part of the City's Centennial Park/Arapahoe Greenway
Trails Connection Project; and
WHEREAS , the City of Englewood's cost for the easement shall be $725.00 ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement for an Easement between the City of
Englewood and the Colorado Water Conservation Board of the State of Colorado is
hereby approved . A copy of said Agreement is attached hereto as "Exhibit l " and
incorporated herein by reference .
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest,
respectively, the said Agreement for and on behalf of the City Council and the City of
Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 6th day of April, 1998 .
Published as a Bill for an Ordinance on the 10th day of April, 1998.
Read by title and passed on final reading on the 20th day of April, 1998 .
Published by title as Ordinance No .~, Series of 1998, on the 24th day of April,
1998.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby
certify that the above and foregoing is a true copy of the Ordin passed on final
reading and published by title as Ordinance No.~' Series o 9 8 .
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EASEMENT AGREEMENT
A TIITS EASE1v1ENT AGREEJ.YiENT is made and entered into, pursuant to Section 24-82-201 ~~ C.R.S.
~1997), on this __ day of 1998, by and between the STATE OF COLORADO for the use and
benefit of the COLORADO WATER CONSERVATION BOARD ("Granter") and the City of Englewood, a
political subdivision of the State of Colorado, ("Grantee"), whose address is 3400 S. Elati Street, Englewood,
Colorado 80110.
WHEREAS, the Granter is an agency of the State of Colorado created and controlled by Title 37, Article
60, C.R.S ., which functions for the welfare and benefit of the Stare of Colorado and its inhabitants; and
WHEREAS, the United States Army Corps of Engineers ("Corps") has constructed improvements to the
flow of water in the channel of the South Platte River ("River") in Arapahoe County, State of Colorado, with said
improvements known as the South Platte River Channelization Project ("Channelization Project"); and
WHEREAS, the primary purpose of the Channelization Project is to provide drainage, flood control and
water flow regulation; and
WHEREAS, the Corps and the Grantor entered into two agreements which give the Granter the
responsibility of acquiring land, easements. and rights-of-way for the Channelization Project and the duty of
maintaining and operating the Channelization Project; and
WHEREAS, the Granter has ' acquired certain fee title interests, rights-of-way, and easements within the
Channelization Project right-of-way for the purposes of constructing and maintaining the Channelization Project;
.and
WHEREAS , the Grantee wishes to acquire and the Granter is willing to grant an easement for the
construction, operation and maintenance of a concrete path on the Grantor's property within the Channelization
Project as part of the Grantee 's Centennial Park/Arapahoe Greenway Trails Connection Project.
WTTNESSETH :
That for and in consideration of the general public interest and benefit which will accrue from the Grantee's
development of the easement granted herein, the payment of the sum of Seven Hundred Twenty-Five Dollars
($725.00) paid to the Grantor by the Grantee, and the keeping and performance of the covenants and agreements
hereinafter expressed, the Granter grants, conveys, transfers and delivers to the Grantee, subject to the conditions set
forth below, a nonexclusive Easement for the sole purpose of using the land covered by said Easement for
constructing, operating and maintaining a concrete path, which shall be used by bicyclists and pedestrians with use
by motorized vehicles prohibited by the Grantee, hereinafter referred to as the Project, upon, over, across, below and
through that portion of land owned by the Grantor as part of the South .Platte Channelization Project (hereinafter
"Channelization Project"), situated in the City of Englewood County of Arapahoe, State of Colorado, which is more
fully described and shown in the map attached hereto as Exhibit A and incorporated herein (hereinafter "Property").
TO HA VE AN'D TO HOLD , subject to any existing or recorded easements and rights-of-way, for the
purpose of utilizing such Easement for the sole purpose of construction, operation and maintenance of the Project
for the primary term of twenty-five (2 5) years, commencing on the __ day of 1998, and ending
on the __ day of 2023. At the option of the Grantee, and if approved by the Granter, this
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Easement may be renewed for successive terms provided that: ( l) Grantee has complied with all the terms and
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conditions set forth herein, (2) Grantee delivers written notice to Grantor of Grantee's intention to exercise such
option at least 180 calendar days prior to the last day of each of said terms, and (3) payment in full of the
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consideration for the whole next ensuing term accompanies the said written notice to renew. The Grantor's approval •
of said renewals of this Easement shall not be unreasonably withheld. Grantee's consideration for each renewal of
this Easement shall be the sum set forth above as consideration for this Easement, adjusted for inflation.
The parties agree that this Easement is subject to the following conditions:
I. The Grantor grants this Easement upon the express condition that the estate herein granted shall endure only so
long as the Grantee utilizes the Easement for the sole purpose of construction, operation and maintenance of the
Project in accordance with the plans and specifications submitted by the Grantee to and approved by the
Grantor, which have been signed by a professional engineer licensed in the State of Colorado and are
incorporated herein by this reference. Said plans and specifications shall include a reclamation plan to ensure
that Grantor's property shall be restored as closely as possible to its original condition after the Grantee's
construction of the Project. In the event that the Grantee uses this Easement for any purpose other than the
specific uses identified herein, then all of the Grantee's right, title and interest in and to the above described
Easement shall become null and void. and the Property shall absoluteiy revert to and revest in the Granter as
fully and completely as if this instrument had not been executed, without the necessity for suit or re-entry; and
no act or omission on the part of any beneficiary of this clause shall be a waiver of the operation or enforcement
of such clause.
2. This Easement shall include the right of the Grantee to enter onto the Grantor's property for the sole purpose of
constructing and/or maintaining the Project. Provided however, that upon the non-renewal, abandonment or
termination of any of the Grantee's rights or privileges under this Easement, the Grantee's rights to that extent
shall terminate. However, the Grantee 's obligations to indemnify and hold harmless the Grantor, as more fully
set forth below, shall not be terminated. •
3. The Grantor and the Grantee expressly covenant and agree that the tenns and conditions of the Easement
granted herein shall be in compliance with and subordinate to the terms of the September 7, 1977 and January
29, 1980 Agreements ("Agreements") between the United States Army Corps of Engineers ("Corps"),
incorporated herein by this reference. This covenant and agreement include but are not limited to the
maintenance and operational requirements on the Granter and its designees under those Agreements and the
necessity for the Granter and its designees to have unlimited access to the !ands covered by this Easement to
perform all necessary activities. The Grantee shall cooperate with the Granter and its designees in the
performance of its maintenance and operational requirements. Violation of this provision may be grounds for
the Grantor to immediately terminate this Easement.
4. During the term of this Easement, the Grantor shall have the right to dispose of the subject land or to use the
same for other purposes subject to the rights and privileges herein granted to the Grantee. This Easement shall
be nonexclusive and subject to any prior easements granted by the Granter to third parties, and to all prior
easements of record whether granted by Grantor or a previous owner. The Grantee expressly agrees to
subordinate this Easement to all prior easements within the Project granted by the Grantor. The Grantor
reserves the right to grant additional easements to third parties, provided that said easements do not materially
interfere with the Easement granted herein. The Grantee agrees to share this Easement, provided that the
additional easements do not materially interfere with the purposes for which the instant grant is made.
5. The Grantee expressly covenants and agrees that in the event of termination of this Easement, in the event that
the Grantee elects not to renew this Easement or no longer needs or desires this Easement, the Granter, at its
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sole discretion, may require the removal, at the Grantee's sole expense, of all appurtenances from the property
subject to this Easement, and may require the Grantee to restore the property subject to this Easement, as nearly
as possible, to the condition of the property existing as of the date of the execution of this agreement, all to the
Grantor's sole satisfaction. The Grantor shall determine in its sole discretion whether the proposed restoration
complies with this paragraph.
6. The Grantee agrees that all excavations or other temporary removal of soil as required for the proper
construction and/or maintenance of the Project shall be properly replaced, and that the Easement shall be, as
nearly as possible, restored and maintained in its original configuration and with similar vegetation. The
Grantee shall also insure that the Property is left in a configuration satisfactory to and in compliance with the
Channelization Project design plans and specifications prepared by the Corps. The Grantee shall be responsible
at all times for the immediate repair or reimbursement for any damage to the Property due to the Grantee's use
of the Easement. Ro utes of ingress and egress for construction and/or maintenance of the Project shall be
limited to the minimum necessary locations, and a ll work areas created by the Grantee on the Grantor's property
for construction and/or maintenance purposes must be obliterated, protected against erosion, and restored to the
former condition of the Property, as nearly as possible. The Granter shall determine, in its sole discretion,
whether the Grantee's restoration complies with th is paragraph. In th~ event the Grantee fails to perform the
restorative or revegetative work required by this paragraph to the sole satisfaction of the Granter, and after thirty
(30) day s prior written notice specifying with particularity the failure and indicating the remedial steps needed
to cure same. the Grantor shall be allowed to perfo rm said work and the Grantee shall pay within thirty (30)
days all d irect and indirect costs incurred by the Grantor for restorative or .rev egetativ e work including, but not
limited to. regrading, fi lling , rev egetation, erosion co ntrol , and rep lacing of so il.
7. The Grantee understands and agrees that s o long as the Grantor is the owner o f the underlying fee interest to the
subject property, the Grantor may, in its sole discretion , require the Grantee to relocate a portion or portions of
the Project by giving the Grantee at least ninety (90 ) days prior written notice of such requirement. All
relocation costs shall be paid by the Grantee. In the event the Grantee fails to relocate within ninety (90) days,
the Granter shall be allowed to perform such work and the Grantee shall pay to the Grantor, within thirty (30)
days o f submission o f c osts by the Granter, all d irect and indirect costs for the same.
8. The G rantee understands and agrees that its fac il ities are subject to damage and total loss w ithout liability
accruin g to the Grantor as a result of fl oodin g, as the result of the maintenance and operation of the
Channelization Project. o r as a result of emergenc y or repair operations to and in the C hannelization Project by
the G ranter, the Grantor's designees, or the C o rps .
9 . The Grantee shall be solely responsible for maintenance of the Project, including, but not limited to, sweeping
and snowplowing of the Project, and shall provide an annual report of its maintenance activities pertaining to
the Project to the Grantor by October 1 of every year.
10. To the extent permitted by law , the Grantee agrees to indemnify and hold harmless the Granter against all
liabi l ity and loss, and against all claims and actions based upon or arising out of damage or injury to persons or
property, caused by any acts or omissions of the Grantee, its successors, assigns , a gents or contractors.
11. Throughout the term o f this Easement, including but not limited to any renewal term , the Grantee shall maintain
continual commercial general liability insurance co vering its use of the Easement. Said insurance shall name
the Grantor as an additional insured. A copy o f the current certificate(s ) of insurance and additional insured
endorsement(s) shall be attached to this Easement as Exhib it B and incorporated herein. Notices of renewal of
this insurance shall be provided to the Grantor on an annual basis . Said policy shall provide coverage in the
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amounts established by the Colorado Governmental Immunity Act (Article 10, Title 24, lOA C.R.S.), both now
and as hereafter amended.
12. In the event that the Grantee contracts for any work to be performed on the properties, the Grantee shall require
its contractors and subcontractors, except the Corps, to indemnify, save and hold harmless the Granter, its
employees and agents, and the Corps from any and all claims, damages, and liabilities whatsoever for injury or
death to persons or damage to property arising from the contractors' and/or subcontractors' actions or inactions.
All contractors and subcontractors shall abide by and follow the provisions of this Easement.
13. It shall be the sole responsibility of the Grantee to obtain all necessary and applicable local, state and federal
approvals and permits for the purposes set forth herein. The Grantee shall comply with all reasonable rules,
regulations and policies authoritatively promulgated pertaining to the use of the Easement lands, including, but
not limited to, local, state and federal flood plain regulations. Noncompliance by the Grantee with any such
permit, rule, regulation or policy may be grounds for the Granter to immediately terminate this Easement.
14. The Grantee understands and agrees that the Granter makes no representations concerning ownership of nor
warrants title to any of the property underlying the Easement. To the' extent that this grant of Easement may
encroach on lands not owned or controlled by the Granter, the Grantee assumes all responsibility for any such
encroachment.
15. A copy of the ordinance duly adopted by the City Council of the Grantee, authorizing the Mayor to execute and
to comply with the conditions of ~is Easement, is attached hereto as Exhibit C and incorporated herein.
16. The Grantee shall be responsible for recording this Agreement with the Clerk and Recorder's Office of
Arapahoe County, Colorado and shall provide a confonned copy of the recorded agreement to the Granter.
17 . All of the provisions of this Easement shall be binding upon all the parties hereto and their successors, assigns,
agents and contractors.
18. The signatories to this Easement aver that, to their knowledge, no State employee has any personal or beneficial
interest whatsoever in the property described herein .
19 . This Easement shall not be deemed valid unless and until approved by the officials and officers of the State of
Colorado as required by Section 24-82-202, C.R.S. ( 1997) and by the Controller of the State of Colorado, or
such assistants as they may designate.
lN WITNESS WHEREOF , the parties hereto have executed this instrument on the date first above written.
GRANTOR:
STATE OF COLORADO
Roy Romer, Governor
For the Executive Director
DEPAR™ENT OF NATURAL RESOURCES
Colorado Water Conservation Board
Peter H. Evans , Director
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GRANTEE:
• City of Englewood
Thomas Bums, Mayor
STATE OF COLORADO
COUN1Y OF DENVER
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ATTEST:
Loucrishia A. Ellis, City Cleric
The foregoing instrument was acknowledged before me this _ day of 1998, by Peter
H. Evans, as Deputy Director of the Colorado Wat.er Conservation Board, on behalf of the State of Colorado.
Witness my hand and official seal.
My commission expires--------
Notary Public
STATE OF COLORADO )
)ss .
• COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of ------1998 , by
Thomas Bums, as Mayor of the City of Englewood. Witness my hand and official seal.
My commission expires--------
APPROVED:
STATE OF COLORADO
Gale A. Norton, Attorney General
By ___________ ~
APPROVED :
Division of Purchasing
By ___________ ~
Notary Public
APPROVED:
Department of Personnel
State Buildings Programs
By _____________ _
Executive Director
APPROVED:
Division of Accounts and Control
Clifford Hall, State Controller
By _____________ _
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COUNCIL COMMUNICATION
Date Agenda Item Subject Approval of
Intergovernmental Agreement
with Colorado Water
April 6, 1998 10 a i Conservation Board
Initiated By Staff Sources
Parks and Recreation Department Jerrell Black, Director of Parks and Recreation
Dave Lee , Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1995, the City of Englewood Parks Department won a grant from Great Outdoors Colorado to
construct a trail connection that joins the Arapahoe Greenway trail with the Centennial Park Loop Trail.
In July of 1995 , Council approved the grant contract with The Great Outdoors Colorado Trust Fund
enabling the trail connection to be built. (Series 1995 , Ordinance No. 34, Approval of the "1995 Great
Outdoors Colorado Grant Agreement'').
RECOMMENDED ACTION
Staff recommends approval of a bill for an ordinance authorizing an intergovernmental agreement
between the Colorado Water Conservation Board (CWCB) and the City of Englewood for an easement
for the construction of a bicycle/pedestrian path connecting the Arapahoe Greenway Trail and the
Centennial Park Trail.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood Parks Department has been awarded a grant from Great Outdoors Colorado to
connect the Arapahoe Greenway to the Centennial Park Loop Trail. To accomplish this, an agreement
had to be reached between the City of Englewood and the Colorado Water Conservation Board to
cross the CWCB's Maintenance easement with the construction of the trail connection. The CWCB
maintains a maintenance easement along the South Platte River in which the Arapahoe Greenway was
built. The Colorado Water Conservation Board has agreed to this easemen t.
FINANCIAL IMPACT
Normally the CWCB charges $1.00 per square foot to cross this easement. This would equate to
$1492.00. Through negotiation, the price has been reduced to $725.00, which the Parks Department
will fund from the 1998 Parks budget.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
Easement agreement