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Home My WebLink About1998 Ordinance No. 059.. • • • ORDINANCE N0 .4 SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN DANIEL BROST AND THE CITY OF ENGLEWOOD, COLORADO FOR A BARN WHICH WAS BUILT ON THE RIGHT-OF-WAY FOR THE CITY'S WATER LINE . WHEREAS , a request was made by Daniel Brost to r e tain his barn which was built on the City Ditch; and WHEREAS , the barn was apparently built in good faith and pursuant to a City of Littleton Building Permit ; and WHEREAS, this license agreement allows the barn to remain only so long as it does not interfere with the City's use of its Right-Of-Way; and WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of this License Agreement at their August 18 , 1998 meeting ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The "License Agreement" with Daniel C. Brost is hereby accepted and approved by the Englewood City Council, the License Agreement is attached hereto as "Exhibit A". Section 2. The Director of Utilities 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 8th day of September, 1998 . Published as a Bill for an Ordinance on the 11th day of September, 1998. Read b y title and passed on final reading on the 21st day of September, 1998 . -1 - Published by title as Ordinance No . .!il, Series of 1998 , on the 25th day of September, 1998. I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true cop y of the Ordinance pa don final reading and published by title as Ordinance No . SJ_, Series of 1 98. -2- .. • • • • • • LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this day of 19_, between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "City", and Daniel C. Brost herein referred to as "Licensee". WITNESS ETH The term "Licensee" shall include employees , agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easements, rights of way, and other City interests in land and may sometimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns , to : Keep a barn, as it is currently constructed and located as of the date of this Agreement, which currently encroaches on the City's Right-Of-Way easement for a water main, which is described as follows: A Right-Of-Way 20 feet in width, over and across Block 45 Wolhurst Hqtrs., Arapahoe County , Colorado , the center line of which is described as follows: Beginning at a point on the west line of Santa Fe Street, said point being 280 feet north of the south-east corner of Block 45 Wolhurst Hqtrs., Arapahoe County, Colorado; thence west and parallel to the south line of s aid Block 45 to the west line of said Block 45, the west line of Block 45 being common to the east R.O .W. line of the Denver and Santa Fe Railroad. All located in the S .W . 1/4 of Section 32-T5S-R68W of the 6th P . M., Arapahoe County, State of Colorado. Recorded in the County of Arapahoe , Colorado Filed at Book 1524, Pages 532-533 . Dated June 18 , 1964 1. In granting this License , the City reserves the right to make full use of the easement of Right-Of-Way involved as may be necessary or convenient in the operation of the City's property and the City retains all rights to operate, maintain, install, repair , remove or relocate any of its facilities located within the City's easement of Right-Of- Way at any time and in such a manner as it deems necessary or convenient. In the event Licensee 's installations should interfere with the City's use or operation of its property, at any time hereafter, Licensee shall, upon request by the City and at Licensee's sole expense, immediately relocate , rearrange or remove its installation so as not to interfere with any such City use . I! x H I B I T A 2. The rights and privileges granted in this License shall be subject to prior agreements, licenses andJor grants, recorded or unrecorded, and shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations . 3. The Licensee shall have the right to maintain the above described parcel including but not limited to planting and trimming grass andlor bushes , fertilization and irrigation and removal of trash and brush. Further, the Licensee may maintain the structure described above in the easement or Right-Of-Way subject to the terms and conditions of this Agreement. No expansion or modification to the existing structure may be made without the express written consent of the City . 4. In the event of an emergency or any other failure of any City owned facility within the easement or Right-Of-Way, the City will not be liable for any damages to any structures of the Licensee in the easement or Right-Of-Way due to failure of the City's facilities or any subsequent repair or maintenance activities. 5. Access to the easement of Right-Of-Way, by City personnel, must be maintained by Licensee for purposes of inspection and maintenance . 6. No construction or excavation shall be allowed on this easement or Right-Of-Way without express written consent of the City . 7. Upon destruction of the structure or abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate , but its obligation to indemnify and save harmless the City, its officers and employees , shall not terminate in any event. 8. This License may be terminated by the City at any time with or without cause. 9 . The rights granted Licensee hereunder may not be transferred or assigned without the written consent of the City . If the Licensee shall transfer or sell the property which is subject to the easement of Right-Of-Way , all structures encroaching into the City's easement or Right-Of-Way shall be removed from said easement or Right-Of- Way . 10. Licensee shall comply with all applicable laws and ordinances and all rules, regulations and requirements of any environmental standards and conditions of the premises. If, as a result of the Licensee's occupancy of the premises and its operation hereunder, any such law , ordinance , rule or regulation is violated, Licensee shall protect, save harmless, defend and indemnify City from and against any penalties , fines , costs and expenses including legal fees and court costs incurred by the City, caused by , resulting from or connected with such violation or violations. In granting the above authorization, the City reserves the right to make full use of the easement or Right-Of-Way involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City . -2 - • • • ' , • • • IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart Fonda, Director of Utilities LICENSEE : DANIEL C. BROST -3 - • • • ' COUNCIL COMMUNICATION ' Date Agenda Item Subject License Agreement with Daniel September 8, 1998 10 a iii Brost Initiated By Staff Source Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Englewood Water and Sewer Board recommended at their August 18, 1998 meeting Council approval of the Ordinance for the License Agreement with Daniel Brost for an encroachment of a barn in a water main easement right-of-way. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The License Agreement is for Mr. Brost's utility barn to encroach into Englewood's Mclellan raw water main right-of-way . The City reserves the right to make full use of the easement as necessary for the" operation of the water main and is not liable for any damages to the structure . If the current owner transfers or sells the property, the encroaching structure will be removed from easement. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Proposed Bill for Ordinance License Agreement between the City of Englewood and Daniel C. Brost