HomeMy WebLinkAbout1998 Ordinance No. 061.,
•
•
•
ORDINANCE NO .{d_
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 52
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING A "GRANT OF A CITY DITCH EASEMENT"
BETWEEN THE FIRST CHURCH OF CHRIST, SCIENTIST AND THE CITY OF
ENGLEWOOD , COLORADO FOR A 25 ' EASEMENT ALONG THE CITY DITCH
LOCATED AT 3701 SOUTH LOGAN STREET.
WHEREAS , the First Church of Christ, Scientist is the owner of 3701 South Logan
Street and the City Ditch runs through the front portion of this property ; and
WHEREAS , the City of Englewood desires to pipe the City Ditch which runs
through the front portion of this property along South Logan Street; and
WHEREAS , this agreement would be mutually beneficial in that the easement
allows the City to pipe the City Ditch and improve water flow and in turn will stabilize
the Church's front concrete porch, which is being undermined by ditch seepage; and
WHEREAS , this agreement will give the City an easement and allow the City to
maintain and improve the City Ditch; 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 "Grant Of City Ditch Easement" with the First Church of Christ,
Scientist is hereby accepted and approved by the Englewood City Council, the "Grant
Of City Ditch Easement" is attached hereto as "Exhibit 1".
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 firs t reading on the 8th day of September,
1998 .
-1-
10 b iii
Published as 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 . tat, 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 cop7 _of the Ordinance s ed on final reading
and published by title as Ordinance No.(#_, Series of 9 .
Loucri,hia A. Elfo I~'
-2-
; . ""'""
•
•
•
•
•
GRANT OF CITY DITCH EASE.1V1ENT
whose address is 3701 S. Logan Street'
Englewood, CO 80110
in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is 3400 S . Elati St.,
Englewood, Colorado 80110 .
The parties covenant and agree as follows :
1. Easement Property . The "Easement Property" shall mean the real property located
in the County of Arapahoe, State of Colorado , more particularly described on Exhibit A,
consisting of l pages , attached hereto and incorporated herein by reference .
2 . Consideration . As consideration for this Grant, Grantee has given Grantor good
and valuable considerations, the receipt of which is hereby acknowledged by Grantor,
which includes approximately six inches (6 ") of topsoil with an adequate amount of
Bluegrass seed for the Grantor to reseed the easement.
3 . Grant of City Ditch Easement. Grantor hereby grants to Grantee, its successors
and assigns , a perpetual , nonexclusive easement (the "City Ditch Easement) over, under,
across and through the Easement Property for the purpose of constructing, operating,
maintaining , repairing, replacing , removing, improving and enlarging the City Ditch . The
City Ditch shall mean the City Ditch pipeline 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. Access . Grantee shall have the perpetual , nonexclusive right of ingress and egress
in , to , over, through and across the Easement Property for any purpose necessary or
desirable for the full enjoyment of the rights granted to Grantee under this Grant.
5 . Restoration. Grantee agrees that after the construction, maintenance, repair,
replacement or enlargement, if any, for the City Ditch, Grantee shall restore the surface of
the Easement Property as nearly as reasonable possible to the grade and conditions it was
immediately prior to said construction, maintenance, repair, replacement or enlargement,
except as may be necessary to accommodate the City Ditch . Grantee agrees to restore
and repair any improvements of Grantor on the Easement Property which are damaged,
modified or altered by Grantee during said construction, maintenance , repair, replacement
or enlargement. Grantee further agrees to replace any topsoil removed from any
cultivated or agricultural areas on the Easement Property and to remove any excess earth
E
x
H
I
B
I
T
l
resulting from said construction, maintenance, repair, replacement or enlargement, at
Grantee 's sole cost and expense.
6 . No Improvements . Granter covenants and agrees not to construct, erect, place or
plan any "Improvements," as hereinafter defined , on the Easement Property without
obtaining the prior written consent of Grantee . "Improvements" shall mean any structure,
building, planting, trees or shrubbery other than a grass-type lawn . Grantee shall have the
right to remove, without any liability to granter, any improvements constructed, erected,
placed or planted on the Easement Property without Grantee's having obtained the prior
written consent of Granter. If such prior written consent is obtained , Grantee shall not be
responsible for repair or replacement of the Improvements if they are damaged during
construction, maintaining, repair, replacement or enlargement.
7 . Subjacent and Lateral Support . Granter covenants and agrees that Grantee shall
have the right of subjacent and lateral support on the Easement Property to whatever
extent is necessary or desirable for the full, complete and undisturbed enjoyment of the
rights granted to Grantee under this Grant.
8 . Rights of Granter . Granter reserves the full right to the undisturbed ownership,
use , and occupancy of the Easement Property insofar as said ownership , use, and
occupancy is consistent with and does not impair the rights granted to grantee in this
Grant.
9. Abandonment. In the event that Grantee shall abandon the rights granted to it
under this Grant, all rights, title and interest hereunder of Grantee shall cease and
terminate, and Grantor shall hold Easement Property, as the same may then be, free from
the rights of Grantee so abandoned and shall own all materials and structures of Grantee
so abandoned , provided that Grantee shall have a reasonable period of time after said
abandonment in which to remove any or all Lines and Appurtenances from the Easement
Property. In the event that Easement is abandoned by Grantee, Granter shall have the
right , at its sole option, to require Grantee to remove or neutralize any improvements
constructed in the Easement by Grantee .
10 . Warranty of Title. Grant or warrants and represents that Grant or is the fee simple
owner of the Easement Property and that Granter has full right, title and authority, that
this Grant is effective to grant and convey to Grantee the Water Line Easement, and that
this Grant of an easement is superior to all other grants. Granter further convenants and
agrees to indemnify , defend and hold Grantee harmless from and against any adverse claim
to the title to the Easement Property by all and every person or persons lawfully claiming
or to claim the whole or any part thereof.
11 . Binding 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 .
-.~
•
•
~v 'I
•
•
•
IN WITNESS WHEREOF, the parties hereto has executed this Grant of Water
Line Easement the day and year first above written.
Ar~~T: //Pr~~i
STATE OF COLORADO )
) SS .
COUNTY OF ARAPAHOE )
GRANT OR:
First Church
3 7 01 S. Logan
Englewood, CO
80110
Acknowledged before me this __ 5_t_h ___ day of August
as First Church of Christ, Scientist
and Mar v Ann Norblom
as Chairr0.a n of the Board
Notary Public
of Christ, Scientist
P.O. Bo x 1156
Engle wood, CO
80150
(mailing addr e ss )
19 9 8 ' --
Address : 3 70 1 S. Logan, Englewood, CO 80110
------~~--~------------------
My Commission expires : __ _.:.::1""'0....:../_;:l:c..:5:....:/_2c:...O-'--O.;.c,l ______________ _
ATTEST GRANTEE : City of Englewood
Loucrishia A. Ellis, City Clerk Thomas J. Burns
T itle : -~M~a~ypo~r~-------
e
I • """
=-==-===============-====--==========-============-::.=-:..::..:. __ ._-.-. -· -----
SURVEY PLAT
OF
WYN ETKA HEIGHTS SUBDI VI SION
~ THE SW 1/4 OF TH E NE 1/4 OF SECTIO N 3 ,
68 WEST, OF TH E SIXTH PRINCIPAL MERIDIAN P .O.C.
,RAPAHOE COUNTY, STATE OF COLORADO , NW COR, SW 1 /4 , NE l /4
SEC . J TSS. R68W . 6TH PM I
FOUND NO. 5 REa AR J2. 5 1 '(.\\) SH EE T 1 OF 2 NO CAP I
I
EAS T KENYON
BAS IS OF BEARINGS .c/r . / 'OUNG c;.;1s:uo
N 89"07']5" E 1]21.28'(M) · J.-INV. J6" \"X"
1]21.JO'(R) CITY OF ENGLEWO OD MAPS AVENUE .. q...,.,.. ~, '
JO B NO. D -t 6~001 _2_HT 7 OF 1J SEPT . 1 98~ , C!.-I ~?if 2772 .(M) -
1]24' (PLA T OF WYNETI<A HE IGHTS ) 1 1 -f~;,_'1(,.,\M J 1 1;01 L~·J?;t.;,~ <D ~f 27 53· (R)
2S'(R)_"'a:: _ 60 · r-;:::=1=2=s;:;:·(R;:;:'J ::;\;:::::::;-, -;:::::=12=s='(R=)=~ 50· / 12 S'(R) / 12s'(Rl J )50 · (,.. -1 T -lt/"\i~"\ L2 -+"~ ~F~~ND PK NAIL
" • ~ . . ~~ · ~ T p O B '-I \, '\:~ ~ -Sc:. 1 5 0 1 5 ""~ ~g \ ~El:: [~g ~a::1 1 ~~ · · · · 2 1 -+2.----\-G~a:: ',_ !NAIL & r~c0 I\ I r 26 69'(R)-cu ::i UI ICH 3 I I 4h .---A\ \ j · .. : LS NO. 9_,2_
f--------i ;;:EXISTING FC:J__ i ,, 1 s l -+~r1 Lj \\.-;,_\ o·, ·-26.75'(R ' f-------ir FC,,BS
1
, I k-W' I 1) (\\ , I CONC.
f-------i .__EXISTING FL-,: : ,·P l ~ I aR 1DGE
I I OF CURBS f'\I I c .+:;! \ \.J I ' I .....: r 7 1 , ~ .J.= ,.J \: i
1
o 102 ACRES
' I CJ) I 1.._: E. ! L:..!.J I I i FO UND
l I I l(J) ·;i i I INV . J_fn RCP ~ r;..._I ii -l NO .-'-RE3AR ,__ ___ ......, Z I I 10 I •c, 11 ~ ·· 0 .08' N /O
f------i, <: I It-! I ~~ 1' ! : ,, :.5 1 E10 :::? f---II I I -~ I I ' PJ:(C P . COR .
12. I ,.,..:,. ~ I ~ -1' j3 : l e '4i .3' I /v;-: i
..__ ___ ......, LL. 1 ......_ I -F · I ~ FOUND 0 1r'
! w i ' a:: 1.3 .L j i3 i ?~' I
f-------; I (J)~lj H ~: i , I ~ Ii ;; I i'. i I ~: ! ~;3 ,'~clto
, ____ _j I ---,. I c I 17 ;-1 ~: i 1-
c-=-I ~ L.1J ~ ,__ ___ -'1 ! I ~! ~~. il ~1 :~; w
f-------i ;......
1
----i/J 1
1
I 1,Fj-i __J ;
1
'.; '.: if 1 ~,1 ~ :
I ~I c --11 ·r::~.._ ~~125'(R ) 125 '(R )~i '60' l ~g125'(R) I 1 12 S'(R) ~g: 60'i .. ip,.C::.1 2 5 '(Rl:~ c _,125'1R )~.C::.1).30 i...= ~
· '"3 .o:i(.iJ 1c ·:3.0··(1.q'""· I 0 (/) (.!)
1 J24' (PL AT OF WYNETKA HE IGHT S)
EAST LEHIGH
------1J2128' (CALC )
AVENUE
n >--,...o 0
I 0~ i ...-<"') _J
~<!)
l w ~6 I
: ~"1-; I-•
H
I
B
' I T
•
•
•
COUNCIL COMMUNICATION
Date Agenda Item Subject
City Ditch Easement
September 8, 1998 10 a iv Acquisition -3701 S. Logan St.
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 Grant of City Ditch Easement for the First Church of Christ, Scientist at 3701 S. Logan
St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The property located at 3701 S. Logan St. is owned by the First Church of Christ, Scientist. The
Church has agreed to grant the City an easement to pipe the City Ditch that runs through the front
portion of their property, along South Logan Street. This agreement would be mutually beneficial in
that the easement allows the City to pipe the City Ditch and improve water flow and in turn will stabilize
the church's front concrete porch, which is being undermined by ditch seepage. They are granting a
standard 25' easement along the City Ditch .
The Utilities Department wishes to acquire a formal , recordep easement for this section of the City
Ditch. 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
Grant of City Ditch Easement
Proposed Bill for Ordinance