HomeMy WebLinkAbout1999 Ordinance No. 008.,,. •· j
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ORDINANCE NO. a
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO. 6
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING A GRANT OF A PERMANENT DRAINAGE
EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND
HIGHLAl'IDS RANCH METROPOLITAN DISTRICT NO . 3, FOR THE PURPOSE OF
INSTALLING A STORM WATER DRAINAGE FACILITY.
WHEREAS, the Englewood City Council , with the passage of Council Bill No. 6 ,
Series of 1999, authorized a temporary construction easement between Highlands
Ranch Metropolitan District No. 3, and the City 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 , with the passage of this Ordinance a permanent easement is hereby
granted to Highlands Ranch Metropolitan District No. 3 , for maintaining the storm
water drainage facility which was constructed 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; and
WHEREAS, the Englewood Water and Sewer Board review and make their
recommendation of the Grant of a Permanent Drainage Easement to the Highlands
Ranch Metropolitan District No. 3, for the purpose of installing a storm water drainage
facility at the February 9, 1998 meeting;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Grant of a Permanent Drainage 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 1st day of February,
1999 .
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Published as a Bill for an Ordinance on the 5th day of February, 1999.
Read by title and passed on final reading on the 16th day of February, 1999.
Published by title as Ordinance No. j_, Series of 1999, on the 19th 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 copt,of the Ordinance passed on final reading
and published by title as Ordinance No. L , Series of 1999 .
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EXHIBIT A
GRANTOFPERMANENTDRAJNAGEEASEMENT
THIS Permanent Drainage 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.
The Parties covenant and agree as follows:
1.
2 .
In consideration of Ten Dollars ($10 .00) and other good and valuable consideration,
including the performance of the terms of this Permanent Drainage Easement, the City
hereby grants to the District a permanent drainage easement for t he purpose of
maintaining a storm drainage facility. Such easement shall be on , through, over,
under and across a certain parcel of land owned by the Landowner, which parcel is
described more fully as follows:
A parcel of land for a permanent drainage easement 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 Reception Number LSP-447, 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 said 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 Highlands Ranch Metropolitan District No . 3 easement, as
described in Bo ok 415, Page 660 , Douglas County records; thence along said
South line North 90°00'00" West 65 .54 feet; thence leaving 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" West 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 Highlands Ranch Metropolitan District No. 3 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 its 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 lVlADE A PA.RT HEREOF.
The City agrees that the District, its officials , employees , agents, contractors,
consultants and assigns shall have the perpetual right of entry and access in, to,
through, on, over, under and across the Easement for the purpose of inspecting,
repairing and /or maintaining the drainage facility on this Easement.
3. Grantee agrees to construct an embankment, consistent with the drainage plan
provided by CH2M Hill and dated December 24, 1998, on the northern edge of the
easement property. The embankment is designed to allow and shall be constructed to
accommodate a "minor collector" road. It is agreed that the design and construction
will reflect County Standards as of the date of the grant of this easement. Grantee
agrees to raise no objection to the construction of said road in the future .
4. Grantee agrees to perform needed grading consistent with the drainage plan
submitted by CH2M Hill and dated December 24, 1998 .
5. Grantor hereby reserves the right to use and enjoy the Easement Property for any
purposes which are not inconsistent with, and do not interfere with, the easement and
rights hereby granted to Grantee.
6 . 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 Granter
shall hold the 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.
7 . The Landowner hereby convenants and agrees that it has good title to the Property
and that it has good and lawful right to grant this Easement.
8 .
9.
This Easement shall be for the benefit of and be binding upon the parties hereto, their
successors and assigns.
Grantee agrees not to construct any other structures on this easement without the
City's written permission.
IN WITNESS WHEREOF , the parties hereto have hereunto set their hands and affixed their
seals at , Colorado , this __ day of ______ _
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CITY OF ENGLEWOOD , COLORADO -GRANTOR
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A. Ellis , City Clerk
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HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3 . GRANTEE
STATE OF COLORADO )
) SS.
COUNTY OF A.RAP AHOE )
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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Legal Exhibit
150
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Metro District of Highlands
Ranch Permanent Drainage
February 1 , 1999 11 a i Easement
Initiated By Staff Source
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
At the January 18, 1999 meeting, City Council passed on first reading a bill for an ordinance granting a
temporary drainage easement to Highlands Ranch Metro District.
RECOMMENDED ACTION
Council approval of the Permanent Construction Easement to Metro Districts of Highlands Ranch.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
It is recommended that a Permanent Construction Easement be granted to the Metropolitan Districts of
Highlands Ranch for the purpose of a drainage facility to serve a portion of Highlands Ranch, including
two large parcels owned by the Ci ty of Englewood.
The Permanent 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 EnglewoocrWater 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
Bill for Ordinance
Permanent Easement to Metropolitan Districts of Highlands Ranch