HomeMy WebLinkAbout1999 Ordinance No. 006,. . .;
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ORDINANCE NO.~
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO . 5
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING A GRANT OF A TEMPORARY CONSTRUCTION
EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND
HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3 , FOR THE PURPOSE OF
INSTALLING A STORM WATER DRAINAGE FACILITY .
WHEREAS , Highlands Ranch Metropolitan District No. 3 , submitted a request for
a construction easement for the purpose of installing and maintaining a storm
drainage facility in the City's detention area located between the Highline Canal and
Centennial Parkway (C-470); and
WHEREAS , the proposed easement would allow Highlands Ranch Metropolitan
District No . 3, to construct a storm water drainage facility to deal with storm water
run-off tributary to the drainage served by the City's drainage facility; and
WHEREAS , this drainage facility is consistent with the current drainage plan for
the area now being prepared for development;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Section 1. The Grant of a Temporary Construction Easement to Highlands Ranch
Metropolitan District No. 3, and the City of Englewood , Colorado , attached hereto as
Exhibit A , 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 a Temporary Construction Drainage Easement for and on behalf of the
City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 18th day of January,
1999 .
Published as a Bill for an Ordinance on the 22nd day of January, 1999.
Read by title and passed on final reading on the 1st day of February, 1999 .
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Published by title as Ordinance No. /a , Series of 1999 , on the 5th day of
February, 1999.
I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify
that the above and foregoing is a true cop; of the Ordinance pas d on final reading
and published by title as Ordinance No . fa._, Series of 1999 .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Metro District of Highlands
January 18, 1999 11 a i Ranch Drainage Easement
Initiated By Staff Source
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
Council approval of the Temporary Construction Easement to Metro Districts of Highlands Ranch.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
It is recommended that a Temporary Construction Easement be granted to the Metropolitan Districts of
Highlands Ranch for the purpose of initiating necessary construction activities required for completion
of a drainage facility to serve a portion of Highlands Ranch , including two large parcels owned by the
City of Englewood.
The Temporary Construction Easement is necessitated by certain work needs approved by Douglas
County which need to be completed prior to the opening of the Highline Canal. City Council and the
Englewood Water Board have been previously apprised of the need for the required drainage facility at
a past study session. The Englewood Water and Sewer Board will review and make a
recommendation on the permanent easement at their meeting on February 9, 1999. A request to
approve a permanent easement will be forthcoming at the February 1, 1999 Council Meeting .
The easement is located on City-owned land north of C-470 and east of Highlands Ranch Parkway.
The proposed easement, which is approximately six acres , is located in a gully, which is ideal for the
purpose of stormwater retention but difficult to develop.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Temporary Construction Easement to Metropolitan Districts of Highlands Ranch
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PROJECT
LOCATION
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EXHIBIT A
TEMPORARY CONSTRU CTION EASEMENT
THIS Temporary Construction Easement is granted this __ day of ________ _
__ , 1999, by THE CITY OF ENGLEWOOD , COLORADO , a Home Rule City
(hereinafter referred to as "the City/Grantor", whose address is 3400 South Elati Street,
Englewood, CO 80110 and HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3, a
Colorado quasi-municipal corporation, (hereinafter referred to as "the District/Grantee")
whose legal address is 62 West Plaza Drive , Highlands Ranch, Colorado 80126, have
entered into an agreement necessitated by the District's construction of a drainage facility.
For the consideration of Ten Dollars ($10 .00), the Grantor will allow the use of the property
described below for construction of s aid drainage facility.
WHEREAS , the Temporary Construction Easement shall be for the real property located
in the County of Douglas , State of Colorado more particularly described as follows:
A parcel of land being a portion of the Southwest quarter of the Northeast
quarter of Section 4 , Township 6 South, range 68 West of the sixth principal
meridian, as shown on the land survey plat recorded at Re ception Number
LSP-44 7, in the office of the Clerk and Recorder of Douglas County, County of
Douglas , State of Colorado , describes as follows:
Beginning at the Northeast corner of said Southwest quarter of the Northeast
quarter of s aid Section 4 ; thence along the East line of said Southwest quarter
of the Northeast quarter South 01°00'12" East 649 .86 feet to the South line of
the 50.00 feet wide Centennial Water and Sanitation District easement, as
described i~ Book 415 , Page 660 , Douglas County re c ,rds; thence along said
South line North 90°00'00" West 65 .54 feet; thence le .wing said South line South
06°45 '53" West 177.54 feet to the Northerly line of a Colorado Department of
Transportation slope easement (recording information unknown); thence along
said Northerly line North 73°01 '46" W e st 40.64 feet ; thence leaving said
Northerly line North 06°45 '53" East 165.60 feet to said South line of the 50.00
feet wide Centennial Water and Sanitation District Easement; thence along the
South line of said easement North 90°00 '00" West 20 .22 feet ; thence along the
Southwesterly line of said easement and i ts Northwesterly prolongation North
40°00'00 " West 843.77 feet to the North line of said Southwest quarter of the
Northeast quarter of Section 4 ; thence along said North line North 89°42'12"
EAST 657 .03 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.993 ACRES (261.068 SQUARE FEET), MORE OR LESS .
EXHIBIT ATTACHED AND l\.1ADE A PART HEREOF.
NOW, THEREFORE , it is agreed between the City and the District as follows :
1. Grantor hereby grants to Grantee , and representative contractor a temporary
easement upon, over and across Grantor's adjacent property for use of Grantee , for
construction of storm drainage improvements. Grantee will restore the surface of
the Temporary Easement to the same condition it was in, as near as practicable,
immediately prior to this Temporary Easement, or as mutually agreed by the
parties.
This agreement shall terminate upon completion of the construction upon the Property by
the District, or, at the latest on January 1, 2000 .
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the
__ day of , 1999.
CITY OF ENGLEWOOD , COLORADO
Thomas J. Burns, Mayor
HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3
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STATE OF COLORADO )
) SS .
COUNTY OF ARAPAHOE )
SUBSCRIBED AND SWORN to before me by---------of
Highlands Ranch Metropolitan District No . 3, this __ day of ______ _
___ , 1999.
Notary Public
My commission expires:
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