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Home My WebLink About1998 Ordinance No. 072.. • t • • • ORDINANCE NO .~ SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND RALPH VANDER HORST FOR THE PURPOSE OF I i STALLING A WATER MAIN ON A VACANT SITE AT WEST ADRIATIC AND SOUTH RARITAN. WHEREAS, Ralph Vander Horst submitted a Grant of Water line Easement agreement for the purpose of installing a water main to allow water service at South Raritan Street and West Adriatic 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 Adriatic and Raritan 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 Ralph Vander Horst 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 . -1 - 10 b v 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. FJ;bseries 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 COJW 9f the Ordinance pa ed on final reading and published by title as Ordinance No."~ Series of 1998. -2- • • "' ' • • •• GRJl..:N'T OF WATER LINE EASEMENT THIS GRAI:-TT of a water line easement (t::.:.s 11 Grant 11 ) is made this 17th day of August , 19 98 by Ra l nh Vandernarst . ( 11 Grantor 11 ) whose address is 3063 s Columbine, Denver CO 80 2 1 0 in favor of the CITY CF ENGLEWOOD , COLOR.fa.D O , ("Grantee 11 ) whose address is 34 0 0 South Elati Street, E~=:ewood , CO 8011 0 ; The parties cov enant and agree as fc ll c ~5: 1. Easement Property ." The 11 Easemerlt :::::-operty" shall mea!l the real pro perty located in the Cour.r:.:-cf Arapahoe , State of Colorado , more parcicul ar ly descr~~:= on Exhibit A , consisting of 1 pages, attache~ heret o =-~= inco::-porated herein by reference. 2. Consideratio n. As consideration=== this Grant, Grantee has paid Granto r the sum of One cc::~r ($1.00 ) and ot h er good and valuable consideration , t h e r:ceint of which is hereby acknowledged by Grantor . 3. Grant of Water Line Easement. Gr2:.::cor hereby grants to Grantee , its s u ccessors and ass~s--s , a perpetual, nonexclusiv e easement (the 11 Water Line Ease:-:-.:::::t") ave:?:', under , across and through the Easement Pro~===Y f o r the purpose of constructing, operating, maintai~i~g , repairing, replacing, :?:'.'emoving and enlarging the 11 Line.:: a:id Jl_ppurtena..-ices , n as herei.nafter defined. T:::: "Lines and Appurtenances" shall mean one or more wate::::-:;:::.pelin es and all necessary unde:?:'.'ground and surface app~=~=~ances thereto necessary or desirable for the transmiss:.c~ ~f water, including , but not limited to , mains, conc~~=s , vaults , ventilators , electric or other control sysc:::~s , cables, wires and con.~ections. 4. Access. Grantee shall have the ;:~e~ual , nonexclusiv e right of ingress and egress i~ to , oveY, through and acrcss the Easement Property f 2= any purpose necessary or desirable for the full e~joyrr.e~= of the rights g=anted to Grantee under this Grant. S. Restoration . Grantee aarees tha= afcer the construction, maintenance , repair~ replace~z~c, or enlaraement if anv for the Lines and Aocu====~ances , Grantee shall-restore the-surface of the Easement :=~perty as nearly as reasonable possible to the grade and cc~~:.tion it was E x H I B I T 1 immediately prior to said construction, maintenance, repair, replacement, or enlargement, excepc as may be necessary to accommodate the Lines and Appurtenances. 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 resulting from said construction, maintenance , repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements," as herei~afcer defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any scructure , buildi;:'lg, planting, trees or shrubbery other than a lawn . Grantee shall have the right to remove, without any liability to grantor, any improvements constructed 1 erected, placed or planted on the Easement Property without Grantee's having obtained the pr io r written consent of GraEtor. 7. Subjacent and Lateral Support. Grantor 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, co~plete and undist'-lrbed enjoyment of the rights granted to Grantee under this Grant. 8 . Rights of Grantor. Grantor reserves the full right to the undisturbed ownership , use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is c onsistent with and does not impair the rights granted to Grantee in this Grant. 9. ~..bandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor snall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all macerials and str'1ctures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time af cer 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, Grantor shall have the ~ight , at its sole option, to require Grantee to remove o~ neutralize any imorovements constructed in the Easement by Grantee. • • 10. Warranty of Title. Grantor warrants and • represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and • • • authority, that this Grant is effective to grant and convey to Grantee the Water Line Easement, and that this Granc of an easement is superior to all other grants. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from 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 construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto has executed this Grant of Water Line Easement the day and year first above written. Attest: Grantor: STATE OF COLOR.l\DO ) I ) SS. COUNTY OF /f(frptllOe..... ) Acknowledged before me ..... t~s /...,..IJ_OJ--,.,r----r---day pf ,J,u<_,_,f -~--------' 1 9 U-as ...;_R.c...:;.iLiZJ7~="'---"c"'-')~=...r..=;;..:;.._~d_-~ __ and~~~~~~~~~~~~~~~~~~~~~-a~~ Ac:;;t:::i 11) ~ tZ2 ;??Ji(() ' My Commission expires: ~-ft; ~Oo,;:i__ Attest: Grantee: CITY OF ENGLEWOOD Loucrishia A. Ellis City Clerk Thomas J. Burns Title: Mayor EXHIBIT 11 A11 WATER MAIN EASEMENT I 3: BLOCK BUILDING IOO' LOT 47 LOT 4 7 LOT 48 LOT 48 16° ALLEY LOT 2 LOT tl5 1 WATER MAIN EASEMEN.."DT 48 34 .7 .------------ 1 -P~posed_ Pipeline~ _ 1 ____ ~ 15 CURB Existing Pipeline 30 '. '- • + -·~t--~~~ ct_SO.RARITAN ST . --·-SCALE 111 = 30' Water Main Easement Legal Description N 0 LL--~ A fifteen (15) foot wide parcel ofland located in Lot 48, Block 92, Sheridan Heights Subdivision, City of Englewood, County of Arapahoe , State of Colorado , more particularly described as follows : The east 15 feet of Lot 48, Block 92 , Sheridan Heights Subdivision, City of Englewood, County of Arapahoe, State of Colorado . Merline W . Van Dyke, L. S . For and on behalfofRalph Vander Horst Date : & -tr.9-?5' City of Englewood Domestic Waterline Easement • I • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Grant of Water Line Easement on South Rar itan Street and October 5 , 1998 10 a iv West Adriatic Avenue Initiated By Staff Source Util it ies 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. Rar itan Street and W. Adriatic Ave . BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr . VanderHorst has submitted a Grant of Water Line Easement to allow the Duromac Partnership to construct a 6" water ma in to their property at S. Rar itan Street and W. Evans Ave. Duromac Partnership is plann ing to build a warehouse on a vacant site at Evans and Raritan , where there is presently no water service available. The proposed main 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. Adjacent properties will be able to purchase water taps off this section of main. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for Ordinance Grant of Wat er Line Easement at West Adriatic and South Raritan