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Home My WebLink About1999 Ordinance No. 003.. • • • ORDINANCE NO. _j SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A "LICENSE AGREEMENT" BETWEEN ADVANCED STORAGE LLC AND THE CITY OF ENGLEWOOD , COLORADO FOR CROSSING THE CITY DITCH AT 5001 SOUTH WINDERMERE STREET. WHEREAS , Advanced Storage LLC is the owner of 5501 South Windermere Street and the City Ditch runs through the south-west portion of this property; and WHEREAS , Advanced Storage LLC desires to cross under Englewood's City Ditch right-of-way with a 3/4" domestic water line and a 6" fire prot ection line , and to pave over the City Ditch for a parking area and to provide an ingress/egress entry; and WHEREAS , the 3/4" domestic water line and the 6" fire protection line crossings over the City Ditch will be installed at a depth to maintain clearance from the City Ditch pipe; and WHEREAS , the crossings are proposed at a section of the City Ditch located at approximately Windermere and Belleview on the northwest side ; and WHEREAS , there will be a five foot (5 ') cover over the pipe to protect it from the parking lot; and WHEREAS , the existing City Ditch pipe is approximately five feet (5') below the proposed parking lot grade ; and WHEREAS , Advanced Storage LLC assumes full and strict liability for any and all damages of every nature to person or property caused by any work in connection with the crossing proposed by the Licensee ; and WHEREAS , the City reserves the right to make full use of the property necessary in the operation of the City Ditch; and WHEREAS , the City retains all rights to operate, maintain, install, repair, remove or relocated any of its' facilities located within the City's right-of-way ; and WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of this License Agreement at their December 8, 1998 meeting; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section l. The "License Agreement" with Advanced Storage LLC is hereby accepted and approved by the Englewood City Council , the "License Agreement" is attached hereto as "Exhibit A". -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 first reading on the 4th day of January, 1999. Published as a Bill for an Ordinance on the 8th day of January, 1999 . Read by title and passed on final reading on the 18th day of January, 1999. Published by title as Ordinance No. ~' Series of 1999, on the 22nd day of January, 1999. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colo o, hereby certify that the above and foregoing is a true copy pf the Ordinan e pa e on final reading and published by title as Ordinance No. _O_, Series of 19 9 . -2- .. • • • I I I r Date January 4, 1999 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item 10 a ii Subject City Ditch License Agreement with Advanced Storage LLC STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their December 8 , 1998 meeting, recommended Council approval by Ordinance of the License Agreement with Advanced Storage for crossing the City Ditch with a %" water line , a separate 6" fire protection water line and a parking structure . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The License Agreement is for Advanced Storage to cross under Englewood's City Ditch right-of-way with a %" domestic water line and a 6" fire protection line, to pave over the City Ditch for a parking area and to provide an ingress/egress entry. The storage facility is located at 5001 S . Windermere St. The water line crossings will be installed at a depth to maintain clearance from the City Ditch pipe, as required by the Utilities Department. The crossings are proposed at a section of the City Ditch located at approximately Windermere and Belleview, on the northwest side . There will be 5' of cover over the pipe to protect it from the parking lot. The existing City Ditch pipe is approximately 5' below the proposed parking lot grade. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City. The City retains all rights to operate, maintain, install, repair, remove or relocated any of its ' facilities located within the City's right-of-way . FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance License Agreement between the City of Englewood and Advanced Storage , • • • , . BOOK PACE LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the eighteenth day of November , 19 98 -:;-· by and between the CITY OF ENGLEWOOD 1 a municipal corporation of Colorado, qereina·rte_r referred to as 11 Ci ty 11 and -·._ .. :-. -. · ~.GV2Ilced Storaae_ LEC . · _ .. ·-. . _-' --.-~ ,.·:._ " ·-~ -·. . . . - hereinafter referred to as 11 Licensee,11 WITNESS ETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee to maintain a parcel of land in the City's rights-of-way for the City Ditch. A parcel of land situated in the SE 1/4 of the SW 1/4 of Section ninB: Township ~_,,._~~~~~~~~~~~~~-- Range 68w of the 6t.h .P.M., City of Littleton County of Arapahoe, State of Colorado and lying within the following described lines: BEGINNING AT THE NORTHEAST CORNER OF LOT 2 BLOCK 1. WINDER.i'AERE EQUITIES SUBDIVISION ALSO BEI NG 11:f_E TRUE POINT OF BEGINNING; THENCE sooo2.nrw ALONG . THE EAST LINE OF SAID LOT'\>\ DISTANCE OF 13 .31 FEET; THENCE S15D.+6·oo-w A DlST ANCE OF 28 .93 FEET; THENCE S l 9D55'00"W A DISTANCE OF 10·U6 FEET; THENCE SJ 8009 '00'"W A DJST ANCE OF 30.22 FEET TO A POINT ON TilE SOUTH LINE OF SAID LOT 2 : THENCE N89052' 53 .. W ALONG SAlD SOUTH LrNE A DISTANCE OF 26 .29 F""i.:ET; THENCE Nl8DO<J ·oo ··E A DISTANCE OF 38 .7.+ FEET; THENCE Nl9D55 '00~E A DISTANCE Of 103 .7.+ FEET ; THENCE Nl5D46 ·oo .. E A DISTANCE OF 3·.t.8-+ FEET TO A POINT ON THE NORIB LINE OF SAID LOT 2: THENCE S89052 '53 "'E ALONG SAID NORTH LINE A DISTA~CE OF 22.JO FEET TO TiiE TRUE POINT Of BEGL-...,'NING. SAID PARCEL CONTAINS 440 7.62 SQ . FT . (0 .10 l ACRE MORE Of LESS) The above-described parcel contains~----·~0~8~7~3 ______________ _ acres.1 more or less. I! x H I B I T A • I~ aoox '.: ·, ' ... ; 1. In granting this License, the City reserves the right to majce full use of the property involved as may be necessary or convenient in the operation of the City and the City retains • all right to operate, maintain, install, repair, remove or relocate any of its facilities 1ocated within the city's · property 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, inunediately relocate, rearrange or remove its installation so as not to interfere with any such city use and to remove the installation of Licensee when necessary or convenient for the City, its successors or assigns. 2. The City shall ·have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-way, at any time and in such manner as the City deems necessary or convenient. The City reser-Ves the exclusive right to control all easements and installations. 3. The rights and privileges granted in this License ~hall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents • or conflicting uses or installations. 4. The Licensee shall have the right to maintain the ab6ve described parcel including but not limited to planting and trinun~ng grass, shrubbery and/or trees, fertilization and irrigation and removal of trash and brush. s. Access to the parcel by City personnel must be maintained by Licensee for inspection and maintenance. 6. No construction shall be allowed on this parcel without express written permission from the City. a. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but is obligat{on to indemnify and save harmless the City, its· officers and employees, shall not te-;:-:ninate in any event. 9. T~e rights granted Licensee hereunder may not be assigned without the written consent of the City. 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 operations hereunde.!:", any such law, ordinance, rule·, regulation is violated, Lilcensee shall protect, save harmless, defend and indemnify .City from and against any penalties, fines, costs and expenses including legal fees: and ... • • • BOU~: .• :.~l.r.£. ·. court costs incurred by 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 property involved as my be necessary or convenient in the operation of the water works plant and system under the control of the City. IN WITNESS WHEREOF, this instrument has been executed ~7 of the day and year first above written. APPROVED: -- Stewart Fonda Director of Utilities APPROVED .AS/ ;TO FOP..M: : . . : ·. -... CITY OF ENGLEWOOD 1 actin~·tijrough and by its Water , aµ'~ Sewer B.taq:t"d . By/. · .,::_.~.__Mi __ r_m_a_n __ _ ------····--- • ·. ;. ... ' ' I r . I ( J ((_) (!) Ld -l"- 0 -r---. p 0 0 z • I 1_1 ___ II I I I .-:; I I / ..... "" N ,_ 0 n. .., ., ft: 10 w•o Ci"' v> m z~ :;. '·' ti~ ,,, . .,, f! .-:i I~ I ~ ""'- ' j"'"-1 ~· v "'\. .. ( .. I ;i, :?:~ ~')<O i:O' z" ~3: t ;o O'.~ -22.00· -- ~ i'S ~ 7. i.) g (~ 8 Q D ti-_ 33.0' PRIVATt: SN-I. SEWER LtJ er: w • ~ 0::: w .._: 0 l/) z: ....... :;:: . l/) 0 0 r-1 Ln PAVED AREA PAYED AREA . . . . S 89°52'53" E • R/C IN BOX LS.12083 ·1 25.0' it?Pl+l•-1 J. 5 .3 .84'-.'- "' ~o Bi°' -0 '· J u l 0 cd <D ~, . ·1~1 • • .q- .. ~ 3 I ~ oc ~ ....... &~ \U L ' :J \U I I 0 U ) iii .( .r,9 "•(" _·, --, - 18" P V<: ·( .3: Lil ·-· " LtJ er: u I \Ll -z g ·11 ~ \--< 0 ::r tj· ,~ /) I -----'- ~ ~ a. w UVl a. ~ = a:: vo N 1- 0 V'l I ~ >- ·-1-tn ~ x f= : )" -1- I • '"'" ,....,,"' • • • l \ \ I \ \ \ I \ ! \ i I I VICINITY MAP EVANS L/ NOT TO SCALE PROJECT THIS Pr OF WH IC TO DIS T AREA OF AREA OF AREA OF AREA OF ZON IN G TTFE OF OCC UPAI'. OFrlC WARE SE CC PARKING \ LEGAL DESCRIPTION 11111r A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, \ TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, CITY .\ OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: i COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 33; THENCE ; S 00·20'04" W ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID ~ SECTION 33 A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ~WEST DARTMOUTH AVENUE; THENCE·N -89'38'39" W ALONG SAID RIGHT-OF-W AY J. . DISTANCE OF 358.69 FEET TO THE POINT OF BEGINNING· THENCE S 00'20 '04" W : A DISTANCE OF 366 .00 FEET; THENCE N 89'38'39" w A 1 DISTANCE OF 258 .77 . FEET; THENCE N 45'07'32" E A DISTANCE OF 314.45 FEET; THENCE . N 02'05'28" W A DISTANCE OF 142.89 FEET }O ,THE SOUJH RIGHT-OF-W AY LINE ·OF WEST DARTMOUTH AVENUE; THENCE S 89 38 39" E ALONG SAID RIGHT-OF-W;. A DISTANCE OF 43.28 FEET TO THE POINT OF BEGINNING . SAID PARCEL CONTAINS 38,787 SQUARE FEET OR 0.890 ACRES , MORE OR L~SS. , . ·· .. --~:~fa;.;_