HomeMy WebLinkAbout1998 Ordinance No. 060' .
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ORDINANCE NO. (tzf)_
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO . 51
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN MICHAEL
THYNNE AND THE CITY OF ENGLEWOOD, COLORADO FOR THE
INSTALLATION OF A 6" WATER MAIN OVER THE CITY OF ENGLEWOOD'S
RIGHT-OF-WAY FOR THE CITY DITCH LOCATED AT EAST BATES AVENUE AND
SOUTH EMERSON STREET.
WHEREAS , a request was made by Michael Thynne to install a 6" water main
crossing the City Ditch; and
WHEREAS , this license agreement will allow a sub-surface water line within a
permanent easement which the Englewood City Council granted by the passage of
Resolution No. 31 , Series of 1995 for a public cul-de-sac; and
WHEREAS, this license agreement will allow Mr. Thynne's contractors to install
the 6" water main in Emerson Street up to the City Ditch easement and continue
construction on the south side of Lot l; and
WHEREAS , this license agreement will allow the water main portion that crosses
the City Ditch to be completed once the City Ditch is off-line in the fall; 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 Michael Thynne is hereby accepted and
approved by the Englewood City Council, the License Agreement is attached hereto as
"Exhibit A".
Section 2. The Mayor 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 .
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Published a s a Bill for an Ordinance on the 11th day of September, 1998.
Read by title and passed on final reading on the 21st day of S e ptember, 1998.
Published by title as Ordinance No.~ 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 copy of the Ordinance passe d on final reading
and published by title as Ordinance No . ~ Series of 1998.
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LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the
day of , 19
~~~-:-:~7 -~~~~~ by and between the CITY OF ENGLEWOOD, a municipal
corporation of Colorado, hereinafter referred to as "City"
and
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hereinafter referred to as "Licensee,"
WITNESSETH: The City without any warranty of its title
or interest whatsoever, hereby authorizes Licensee, its
successor, assigns, to install a
J1" ll.Jlf T[/Z. Ll/\JC. .. over the
city's rights-of-way for the City ::tch, described as a
parcel of land situated in the Sw ~ oF THE µJI 1" "r N~ W of
Section SS-, Township f s .
Range &!! w~s.,-of the t;,-t:Z::
P.M., County of Arapahoe, State of Colorad_o_....a~n~d,........l~y~i~n-g __ w_i~'t~h~in
the following described lines:
The above-described parcel contains
acres, more or less.
1. Any constructio~'contemplated or performed under this
License shall comply with and conform to standards
fonqulated by the Director of Utilities of the City and such
construction shall be performed and completed according to
the plans, consisting of one sheet, a copy of which is
attached hereto and made a part hereof.
2. The Licensee shall notify the city's Director of
Utilities at least three (3) days prior to the time of
commencement of the construction of, or any repairs made to,
Licensee's
inspect such
so that the city
operations.
may, in its discretion,
3. Within thirty (30) days from the date of the
commencement of construction of said
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ti 6 WATt::.e. L;N'c the Licensee
shall complete such construction, place and maintain
permanent, visible markers, of a type and at such locations •
as designated by the City's Director of Utilities, referring
to the centerline of the installation and shall clear the
crossing area of all construction debris and restore the
area to its previous condition as near as may be reasonable.
In the event the placing of the centerline markers and the
clearing and restoration of the crossing area is not
completed within the time specified, the City may complete
the work at the sole expense of the Licensee.
4. The City shall have the right to maintain, install,
repair, remove or relocate the City Ditch or any other of
its facililties or installations within the City's rights-
of-way, at any time and in such manner as the ~ity deems
necessary or convenient. The city reserves the exclusive
;right to control all easements and installations. In the
event the __ 6 1 1 W/1-Tc?'(. Lt,JC should interfere
with any future use of the City's rights-of-way by the City,
the Licensee shall, upon request and at its sole expense,
relocate, rearrange, or remove its installations so as not
to interfere with any such use.
5. Any repair or replacement of any City installation made
necessary, in the opinion of the City's Director of
Utilities because of the construction of the
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or other appurtenant installation thereof, shall be made at
the sole expense of the Licensee.
6. The stipulation and conditions of this License shall be
incorporated into contract specifications if the
construction herein authorized is to be done a contract
basis.
7. The rights and pr~vileges g~anted in this License shall
be subject to prior agreements, licenses and/or grants,
recorded or unrecorded, and it shall be the Licensee's sole
responsibililty to determine the existence of said documents
or conflicting uses or installations.
8. The Licensee shall contact and fully cooperate with the
City's personnel and the construction shall be completed
without interference with any lawful, usual or ordinary flow
of water through the City Ditch. Licensee shall assume all
risks incident to the possible presence of such waters, or
of storm waters, or of surface waters in the City Ditch.
9. All trenches or holes within the City's rights-of-way
shall be backfilled and tamped to the original ground line
in layers not to exceed six (6) inches loose measure to a
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compaction of ninety per cent (90%) Standard Proctor Maximum •
Density.
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10. Licensee, by acceptance of this license, expressly
assumes full and strict liability for any and all damages of
every nature to person or property caused by water from the
ditch leaking through the ditch banks or pipeline at the
point or points where the Licensee performs any work in
connection with the crossing provided by this license. The
Licensee assumes all responsibility for maintenance of the
installation.
11. Licensee shall indemnify and save harmless the City, its
officers asnd employees, against any and all claims,
damages, actions or causes of action and expenses to which
it or they may be subjected by reason of said
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being within and across and under the premises of the city
or .by reason of any work done or omission made by Licensee,
its agents or employees, in connection with the
construction, replacement, maintenance or repair of said
installation.
12. It is expressly agreed that in case of Licensee's breach
of any of the within promises, the City may, at its option,
have specific performance thereof, or sue for damages
resulting from such breach.
13. Upon abandbnment 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.
In granting the above authorization, the City reserves the
right to make full use of the property involved as may be
necessary or conver'\J:ent in the operation of the water works
plant and system unaer' the control of the City.
IN WITNESS WHEREOF, this instrument has been executed
as of the day and year first above written.
ATTEST: CITY OF ENGLEWOOD,
City Clerk Mayor
APPROVED AS TO FORM:
LICAGOVR
LOTS 1 AND 2 BICKHARD HALF ACRE SUBDMSION WANER
PART OF THE SW 1/4OFTIEml1/4OFTHENW1/4 OF
SEC. 35, T. 4 8., R 68 W., OF THE 611i P .M., CITY OF
ENGLEWOOD, COUmY OF ARAPAHOE, ST ATE OF COLORADO
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AS SHOWN ON THE RECORDED
PLAT OF' McCLAJ RES FOREST Hll.1.
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PLAN
sCAJ..£ 1 • -so ·
PROFILE
NO SCALE
1. BORE 22"11 HOLE IN EXISTING HEADWALL
CONTRACTOR TO FlELD VERIFY ANO AVO ID EXIST ING
RE INFORC ING (IF POSS IBLE ) BEFOR BOR ING . RESULTING
GAf' SHAll.. BE FlLLED WITH NON-SHR INK GROVT.
2. DITCH SHALL BE BACK-Flll..ED TO EXISTING GRADE WlTI-i
A 50:% SOIL AND so:; BENTONITE MIXTURE COMPACTED
TO CllY STANDARDS.
3 . PIPE EXCAVATION TO BE Flll..ED WITH FLO FILL TO A
DEPTH OF ONE FOOT BELOW THE EXISTING GRADE
WITH A 50:1: SOIL AND 50:% BENTONITE fJIXTURE .
SW CCR. OF' THE SW 1 /4
OF' TI-iE NW 1 /-4-OF THE
NW 1/-4-OF SECTION ~
THE CITY OF ENGLEWOOD
UTILIT IES DEPARTMENT
CITY DITCH
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UCENSE GRANTED TO PUBLIC WORKS DE?-:-.
TO CROSS WITH 6" WATER LINE
THE ENGINEERING GROUP, INC. SC ALE : NONE DATE : 2 19 98
7000 So u th Broadw ay Su i t e 1 -0
Li t tl eto n . Colo rado 80 122 (303)798 -479 4
PROJECT No . saso I
ORN : .~.T . TR: CHK:
AP P : DIRECTOR _ DR . NO .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
License Agreement for 6" water
September 8 , 1998 10 a ii line at Bates and Emerson
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, at their August 18, 1998 meeting recommended Council
approval of the License Agreement from Michael Thyn ne for 2880 S. Emerson St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Mr. Michael Thynne submitted a License Agreement the purpose of installing a 6" water main to allow
water service to the property owned by Michael Thynne at Lot 2, Brickard Subdivision just north of E.
Bates on S. Emerson St.
The proposed License Agreement would allow a sub-surface water line within a permanent easement
granted to the City as Resolution No. 31 , Series 1985 for a public cul-de-sac. Mr. Thynne's water main
contractors will be installing the 6" water main in Emerson Street up to the City Ditch easement and
continue construction on the south side up to Lot 1. The proposed License Agreement will allow the
water main portion that crosses the City Ditch to be completed once the City Ditch is off-line in the fall.
FINANCIAL IMPACT
The adjacent owners are paying all water main expenses. Mr. Thynne has submitted a check to the
Utilities Department in the amount of $4, 100. (contractor's estimate) to complete the water main
section crossing the City Ditch, in the event that the contractor defaults.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
License Agreement