HomeMy WebLinkAbout1999 Ordinance No. 020•
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ORDINANCE NO.~
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO . 19
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE GRANTING A TEMPORARY CONSTRUCTION EASEMENT
BETWEEN THE CITY OF ENGLEWOOD , COLORADO, AND CENTENNIAL
WATER AND SANITATION DISTRICT FOR CONSTRUCTION ACTIVITIES
REQUIRED FOR INSTALLATION OF UNDERGROUND AND ABOVEGROUND
UTILITY LINES TO SERVE A PORTION OF HIGHLANDS RANCH.
WHEREAS, Centennial Water and Sanitation District requested a standard 30-
foot wide easement to be used initially for installing a 12-inch sewer line to serve a
portion of Highlands Ranch, including a 40-acre parcel owned by the City of
Englewood; and
WHEREAS , the Englewood Water and Sewer Board recommended Council approval
of the Grant of Easement to Centennial Water and Sanitation District at their
February 9 , 1999 meeting ; and
WHEREAS, the proposed easement would be used for a 12-inch sanitary sewer line
to go under C-4 70 and connect to an existing line constructed during the Highlands
Ranch Blvd. interchange, tie into the Dad Clark interceptor line and onto Centennial's
Wastewater Treatment Plant;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Grant of Easement between the City of Englewood, Colorado , and
Centennial Water and Sanitation District , 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 Easement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 5th day of April, 1999 .
Published as a Bill for an Ordinance on the 9th day of April, 1999.
Read by title and passed on final reading on the 19th day of April , 1999 .
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Published by title as Ordinance No.~, Series of 1999, on the 23rd day of April,
1999.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , C
that the above and foregoing is a true copy of the Ordina~n~~--v
and published by title as Ordinance No . !XJ., Series of 9
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GRANT OF EASEMENT
CWSD Sewer Line Across Englewood Property On Highlands Ranch
NW Comer of Section 4 , Township 6 South, Range 68 West, Douglas County
This Grant of Easement (this "Grant") is made this __ da y of , 1999 , by
CITY OF ENGLEWOOD, COLORADO , a Home Rule City existing under and by virtue of the
laws of the State of Colorado ("Grantor"), whose address is 3400 South Elati Street, Englewood,
Colorado 80110 , to CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-
municipal corporation ("Grantee"), whose address is 62 West Plaza Drive , Highlands Ranch,
Colorado 80126.
The parties covenant and agree as follows:
1. Easement Property. The "Easement Property " shall mean the real property
located in the County of Douglas , State of Colorado , as depicted on the legal
descriptions attached hereto and incorporated by reference herein, which real
property is owned by Grantor.
2. Consideration. Grantor makes this Grant as a gift without consideration other
than the keeping by Grantee of the covenants and agreem e nts herein contained.
3 . Grant of Easement. Grantor hereb y grants to Grantee , its successors and assigns ,
a non-exclusive easement (the "Easement") over, across , under, and through the
Easement Property for the purpose of constructing , operating , maintaining ,
repairing , replacing , and removing the Line and Appurtenances , as hereinafter
defined.
4. Line and Appurtenances. "Line and Appurtenances" shall mean one underground
sanitary sewer line together with the necessary aboveground appurtenances for the
Grantee's operation of said sanitary sewer line. Except to the extent necessary , the
Line and Appurtenances shall be constructed, kept , and maintained underground.
5. Restoration. Grantee agrees that after Grantee's construction , if applicable , and
after any maintenance, repair, replacement, or removal of any of the Line and
Appurtenances , Grantee shall restore the surface of the Easement Property , as
nearly as reasonably possible , to the grade and condition it was in immediately
prior to said construction, maintenance , repair , replacement , or removal , except as
may be necessary to accommodate the Line and Appurtenances . Grantee also
agrees to restore and repair any paving , curb, gutter , and fences which are
damaged, modified or altered b y Grantee during said construction , maintenance ,
repair, replacement, or removal. Grantee further agrees to replace any topsoil
removed from any areas on the Easement Property , to re-seed the disturbed area
so as to prevent erosion , to restore landscaping , as nearly as reasonably possible,
to its original condition , and to remove any excess earth resulting from said
construction, maintenance , repair, replacement , or removal, at Grantee's sole cost
and expense.
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6. Retained Rights of Grantor. Gran tor reserves the right of ownership, use , and
occupancy of the Easement Property insofar as said ownership, use , and
occupancy does not impair the rights granted to Grantee in this Grant. Without
limiting the foregoing , it is understood and agreed by Grantee that installation of
utility lines and appurtenances, pavement, shrubs, and other landscaping (except
trees), on, under, or through the Easement Property shall expressly be permitted.
Grantee's rights hereunder are non-exclusive and Grantor shall have full right and
authority to grant other easements or rights to use the Easement Property as will
not impair Grantee's rights under this Grant.
7. Grantor's Rights to Relocate . Grantor shall have the right to require Grantee to
relocate the Line and Appurtenances, at Grantee's sole cost and expense, provided
that Granter shall grant or cause to be granted to Grantee easements for the
relocated Line and Appurtenances reasonably similar in nature and scope to the
Easement herein granted. Grantee shall have 8 months from the grant and
acceptance of such easements to relocate its Line and Appurtenances.
8. Ab andonment. 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 shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned and shall own all of the Line and
Appurtenances of Grantee so abandoned. Failure to use the Line and
Appurtenances for a period of 5 years or more shall constitute evidence of
abandonment.
9 . Binding Effect. This Grant shall extend to and be binding upon the 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 have executed this Grant of Easement the day
and year first above written.
ATTEST:
Loucrishia A. Ellis ,
City Clerk
GRANT OR:
CITY OF ENGLEWOOD
Thomas J. Burns,
Mayor
GRANTEE :
CENTENNIAL WATER AND
SANITATION DISTRICT
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• State of Colorado )
)ss
County of
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The foregoing instrument was acknowledged before me this day of
-------, 1999, by Thomas J. Burns as Mayor and Loucrishia A. Ellis as City Clerk for
City of Englewood.
Witness my hand and official seal.
My Commission Expires:----------------
Notary Public
State of Colorado )
)ss
County of Douglas )
• The foregoing instrument was acknowledged before me this / j+/i day of /llaA.{i/v , 1999, by John Hendrick as General Manager for Centennial Water and
Sanitation District, a Colorado quasi-municipalcorporation.
Witness my hand and official seal.
My Commission Expires: __ cY_,-_tf...,,...-~d~O_()_O_~--'-r-..a-----Cv:~ o.ZbCk-'N'o~ Publie
62 West Plaza Drive
Highlands Ranch , Colorado 80126
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LEGAL DESCRIPTION
A 30 foot wide strip of land located in the Northwest Quarter of Section 4, Township 6 South,
Range 68 West, of the Sixth Principal Meridian, County of Douglas, State of Colorado, being
more particularly described as follows:
Commencing at the West Quarter corner of said Section 4; Thence North 86°04'33" East, a
distance of 957.36 feet, to a point on the Northerly line of a 60 foot wide Denver Water Board
Easement, recorded in Book 23 7 at Page 305, in the Office of the Douglas County Clerk and
Recorder, said point also being the True Point of Beginning;
Thence along the Centerline of said 3 0 foot wide strip ofland, along the following four ( 4)
courses;
I.) North 32°15'15" West, a distance of25.09 feet;
2.) North 40°20'29" East, a distance of 383 .00 feet;
3.) North 18°12'10" E ast, a distance of 424.00 feet;
4.) North 03°25'18" East, a distance of206.19 feet, to the Southwesterly Right-of-Way of
Colorado State Highway (C-470), recorded in Book 645 at Page 748, in the Office of the Douglas
County Clerk and Recorder, said point also being the Point of Terminus.
The Sidelines of said strip are to be shortened or extended so as not to create any gaps or
overlaps.
Said parcel contains 0.715 acres (31,148 ) square feet, more or less .
Bearings are based on said West line of the Southwest Quarter of said Section 4, being South
00°34'50" East.
DuWay1~e .. ·~.'Ph~~P§? #9?:29
For and ~n Be.half of ~: .'?; f/
Rocky Mbl}nt;if'l'Constiftan:t~~· Inc.
8301 E. Prei~t~ l<X.v.a. ~t~~Yo 1
Englewood, c~'.'WaPfiv·
(303) 74 1-6000
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Proposed CWSD Sanitary Sewer Location
PA 85 Highlands Ranch , CO
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SHEET N0.2
EXHIBIT' A'
1998 IN FRASTRUCnJR E PHASE 1 V
0 7 33.085.00
AP.EA CF 30 FOOT EASBAENT
• 0.715 ACRES
LINE BEARING
L1 N 32 '15'15" w
L2 N 40·2 0·2 9" E
L3 N 18'12'1 0 " E
L4 N 03'25'18" E
N 86 '04'33" E
957.36'
P.O.C.
W. 1/4 COR . SEC. 4,
T6S, R68W, 6TH P .M.
DISTANCE
25.09 '
3 83.00 '
424.00'
206.19'
60 FT.
DENVER
WATER
BOARD
EASEMENT
T.P.OB.
N 89'40 '08" E
SCA LE: 1 "= 200'
E 1 4 COR . SEC. 4,
T6S, R68W, 6TH P.M.
SW COR, SE 1/4,
NE1/4, SEC. 4,
T6S, R68W, 6TH P.M.
CALCULATED
POSIT ION
C1/4 SEC. 4,
T5S, R58W , 6TH P.M.
POB BK 133, PG 4
N 89 '45°01" E
l ~~--~~-,-,,...,..--'\r_.,..,_.
2663.35' 3: 1314.32 c.n ~
~ 5 ~! Hi(;H~_,.:.,:·E};; ~~ a .... -co ......... 1'.l ('J ~ ~@~ ;~.<'.:':\,~~ ''?~'\
,C'1 ____ W. LINE SW 1/4 SEC.4
~ SW COR. SE C. 4 S 00 '02'37" W
T6S, R68W, 6TH P .M. 1317.21'
S 1 4COR. SEC . 4
T6S, R68W, 6TH P.M .
CENTENNIAL 'vi ~ S DISTRICT
N u:i
0 ~ , n g ~
N 89.45 '01" E
1313.87'
SW COR, NW1 /4,
----SE1I4, SEC . 4,
T6S, R68W, 6 TH P .M.
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Grant of Easement to
Centennial Water & Sanitation
April 5, 1999 10 a i District
Initiated By Staff Source
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their February 9 , 1999 meeting, recommended Council
approval of the Grant of Easement to Centennial Water and Sanitation District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES l[JENTIFIED
The proposed Grant of Easement with Centennial Water and Sanitation District is requested for
initiating construction activities required for installing an underground main and aboveground manholes
for a sanitary sewer line to serve a portion of HighlandS; Ranch, including a 40 acre parcel owned by
the City of Englewood (PA85). The proposed easement is a standard 30-ft. wide easement that will be
used initially for a 12" sewer line.
The southerly boundary of the easement ends at the future Plaza Drive . The proposed 12" sanitary
sewer line would go under C-470 and connect to an existing line constructed during the Highlands
Ranch Blvd. interchange, tie into the Dad Clark interce ·ptor line and onto Centennial's Wastewater
Treatment Plant.
The sewer line construction project is going to bid soor1 to coordinate with the paving schedule for
Plaza Drive and to serve impending developments in the Highlands Ranch area. The easement
location was coordinated with THK, Englewood's Mclellan land consultants.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Grant of Easement