HomeMy WebLinkAbout1998 Ordinance No. 071•
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ORDINANCE NO. r; I
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 63
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT
BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND DUROMAC
PARTNERSHIP FOR THE PURPOSE OF INSTALLING A WATER MAIN ON A
VACANT SITE AT WEST EVANS AND SO UTH RARITAN .
WHEREAS, Duromac Partnership submitted a Grant of Water line Easement
agreement for the purpose of installing a water main to allow water service to the
property located at South Raritan Street and West Evans Avenue; and
WHEREAS , the proposed easement would allow the Duromac Partnership to
construct a 6" water main to this property for the purpose of building a warehouse on
a vacant site ; and
WHEREAS , the proposed water main will benefit the City by establishing a looped
water main from Raritan and Adriatic to Tejon and Evans which after a one-year
warranty period will be deeded to the City so that adjacent properties will be able to
purchase water taps off this section of main ;
WHEREAS , the Englewood Water and Sewer Board recommended approval of the
Grant of Water Line Easement for this property at the September 15, 1998 meeting;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Section 1. The Grant Of Water Line Easement between Duromac Partnership and
the City of Englewood, Colorado , attached hereto as Exhibit 1, is hereby accepted and
approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the Grant of Water Line Easement agreement for and on behalf of the City of
Englewood , Colorado.
Introduced , read in full , and passed on first reading on the 5th day of October ,
1998 .
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Published as a Bill for an Ordinance on the 9th day of October, 1998 .
Read by title and passed on final reading on the 19th day of October, 1998.
Published by title as Ordinance No. 'J /, Series of 1998, on the 23rd day of
October , 1998.
I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copj,9f the Ordinance pa d on final reading
and published by title as Ordinance No. :._f/L , Series of 1998 .
Loucrishia A. Ellis
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G?,_ru-JT OF WP._TER LINE E)J._SEMEN".:'
THIS GRJl...NT of a water line easement (t::-:..:..s 11 Gr:-ant 11 ) is
maae this 17th day of Auaust , 19 98
by Duromac Partnershio ( 11 Grantor_11 _) __
whose address is 2271 W. Yale Avenue Lakewo od CO 80110
in favor of the CITY OF ENGLE WOOD, COLORJl...DO, ( "Gra:n:.ee 11 )
whose address is 3400 South Elati Street, Enslewood , CO
80110;
The parties covenant and agree as fo llcws:
1. Easement Property. The 11 Easement:. Pr:Jpe::-ty 11 shall
mean the real property located in the Count y cf Arapahoe ,
State of Colorado, more par<::.icularly desc::-i:Ce ·::. or: Exhib it Jl._,
consisting of 1 pages, attached hereto a~c incorporatec
he::-ein by reference.
2. Cons ideration. As consideration f~r this Grant,
Grantee has paid Granter the sum of One dollar ($1 .00) and
other good and valuable consideration, the reseiot of which
is hereby acknowledged by Grantor.
3. Grant of Wate::-Line Easement. Gra:::=or hereby
gra!lts to Grantee, its successors and assigns , a perpet u al ,
nonexclusive easement (the 11 Wc.ter Line Ease:-r.e:-i.t 11 ) over,
under, across and through the Easement Proper=y for the
purpose of constructi:lg , ope::-c.c1ng, mainca.:..:-i.~:lg, repair i ng ,
replaci:ig, removing an::: enlc..rgi!lg the 11 Line::: a:::d
Appurte!lances , 11 as hereinaf::.er defined. The 11 Lines and
J.l._ppu:r-te!lances 11 shall mean one or more water p.:..pelines and
all necessary underground and surf ace appur=e~ances theret o
necessary o:r-desirable for the transmission cf water,
includi!lg , but not lim~ted to, mains , condu~ts, vaults,
ventilators, e_ectric or other control s y sceis , cab_es ,
wires and connections.
4 . Access . Gra~tee shall have the ~er?etual,
nonexclusive right of ingress and egress i~, co , over,
through and acro ss the Easement Property for any purpose
necessary or desirable for the full enjoyrne ~= o f the-rights
granted to Grantee uncer this Grant.
5. Restorat ior.1.. Grantee agrees tha= c..=c2r the
construction , mainte~c..nce, repair , replacese~t, or
enlargement if any for the Lines and Appurte~ances , Grantee
shall restore the surface of the Easement Pr~perty as nec.rly
as reaso!lable possible to the grade and ccnc.:..tion it was
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immediately prior to said construction, ma~ntenance, repair,
replacement, or en~argement , except as may be necessary to
accommodate the Lines and Appurtenances. Grantee agrees to
restore and repair any improvements of Gran~or on the
Easement Property wn ich are damaged , modified or altered by
Grantee during saic 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 resulting from said construction,
maintenance, repair , replacement or enlarge8ent, at
Grantee 1 s sole cosc and expense .
6. No Improv2me~ts. Grantor covenancs and agrees not
to construct , erect, place or plan any 11 Improvements, 11 as
hereinafter def inec, on the Easement Propercy without
obtaining the pr~or written consent of Gra~cee.
11 Improvements 11 shall mean any str'-l.cture, building, planting,
trees or shrubbery other than a lawn. Grantee shall have
the right to remove , without any liability to grantor, any
improvements constr~cted, erected , placed or planted on the
Easement Property w~~hout Grantee 1 s having o~tained the
prior written consent of Grantor.
7. Subjacen~ and Lateral Suppor~. Granter covenants
and agrees that Grancee shall have the right of subjacent
and lateral succor~ on the Easement Propercv to whatever
extent is necessary or desirable for th~ ful~, complete and
undisturbed enjoy;nenc of the rights granted to Grantee under
tnis Grant .
8. Rights cf Grantor . Grantor reserv es the full
right to the undist~rned ownership, use, anc occupancy of
t h e Easemen~ Propercy insofar as said owners~ip, use, and
occupancy is consis:ent with and does not im0air the rights
granted to Grantee in t~is Grant.
9. Abandon~ent. In the event that Grantee shall
abandon the righc s granted to it under this Grant, all
right , title and incerest hereunder of Grancee shall cease
and terminate, a=d Grantor shall hold Easement Property , as
the same may then be, free from the rights of Grantee so
a~andoned and s~a~~ owu al l materials and s~ructures of
Grantee so abanci o ~ed, provided that Grancee shall have a
reasonable period of time after said abanc on~ent in which to
re~o ve any or all Lines and Appurtenances fr~m the Easemenc
Property. In the e v ent that Ease ment is aja~doned by
Grantee, Grantor s2all have the right, at i~s sole option,
t o reauire Grantee to remove or neutralize any imorovemencs
constructed in the Easement by Grantee.
10. Warranty cf Title. Grantor warran~s and
represents that Grantor is the fee simple owner of
Easement Property and that Grantor has full right,
the
title and
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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. Grantor
further covenants and agrees to indemnify, defend and hold
Grantee harmless f rcrn and against any adverse claim to the
title of 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 cons~rued as covenants running with the land.
IN WITNESS WHE2EOF, the parties hereto has executed
this Grant of Water Line Easement the day and year first
above written.
Attest: Grantor:
STATE OF COLOR.PwO
L ) s s.
COUNTY OF !Jr;:tf#1Jr)e....., )
Acknowledged before me this
19qy
Address: ;?.v-2-w) qt} ::1~
~ {o ~1/2J
My Commission expires: 5'---1 C -;2 d cf.:;.-
Jo._ttest:
Loucrishia A. Ellis
City Clerk
Grantee: CITY OF ENGLF.WOOD
Thomas J. Burns
Title: Mavor
EXHIBIT 11 A 11
WATER MAIN EASEMENT
PROPOSED BUILDING
16'
LOT 2 LOT 47
--ALLEY 134 I
LOT48
5' _ _L
30'
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-8.°3'-.. 12° LOT I ,,'.,/8.3' /
0 ·j 2a'-2 o' ri.,'?J) _ /
N 4 ·.Jr ··s:=====!9tJ · o / 28~3' ' a· ATER MAJN.EASEMENT~ tzs.3' /
PARCEL /
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___ s_o_._RA RITAN ST .~~-~---
SCALE
t"= 30'
Water Main Easement Legal Description
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Two parcels of land fo r Englewood water main easement located in lot 1, Block 92 , Sheridan Heights
Subdivision, City of Englewood, County of Arapahoe, State of Colorado, more particularly described
as follows :
Parcel 1
Commencing at the southeast comer of said Lot 1, which is the true point of beginning, thence west
along the said Lot 1 property line a distance of20.00 feet to a point; thence north at an internal of
90° 00' 00" a distance of 8.28 feet to a point; thence northeasterly at an internal angle of 13 5 00' 00"
a distance of28 .29 feet to a point on the east property line, Lot 1 which is also the west right-of-way
line of South Raritan Street;, thence south along the east property line a distance of 28 .23 feet to the
true point of beginning, containing 365.6 square feet , more or less.
Parcel 2
Commencing at the northeast corner of said L ot l, which is the true point of beginning; thence west
along the said Lot 1 property line which is also the south right-of-way of West E vans Avenue a
distance of20.00 feet to a point, thence north at an internal of90° 00' 00" a distance of8.28 feet to
a point; thence southeasterly at an internal angle of 135° 00' 00" a distance of28 .29 feet to a point
on the east property line, Lot 1 which is also the west right-of-way line of South RMiran Street;
thence north along the east property line a distance of 28 .28 feet to the true point of beginning,
c ontaining 365 .6 square feet, more or less .
Prepared reit~ ~ Egg:~ton
Merline W . Va n Dyke, L.
For and on behalf of Duromac Partnership
Date: 8 -~~r'i?ts
City of Englewood
Domestic Waterline Easement
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Grant of Water Line Easement
on South Raritan Street and
October 5, 1998 10 a iii West Evans Avenue
Initiated By Staff Source
Utilities Department Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their September 15 , 1998 meeting, recommended Council approval of
the Grant of Water Line Easement located at S. Raritan Street and W. Evans Ave .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Duromac Partnership wants to build a warehouse on the vacant land at Evans and Raritan. There is
presently no water service available to the vacant parcel. Duromac is planning to construct a 6" water
line extension , at their sole expense, to service the proposed warehouse. The property owner on the
south (Mr . VanderHorst at W. Adriatic and S. Rar itan) has also submitted a Grant of Water Line
Easement for the portion of the water main that crosses his property to enable the water main to
service Duromac's property.
This will benefit the City by establishing a looped water main at Tejon and Evans. The water main will,
after a one-year warranty period, be deeded to the City . This will enable adjacent properties to
purchase water taps off this section of main. Duromac will incur all costs for main construction.
FINANCIAL IMPACT
Duromac will incur all costs for main construction.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Grant of Water Line Easement at West Evans and South Raritan