HomeMy WebLinkAbout1999 Ordinance No. 029•
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ORDINANCE NO~
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO. 30
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING A GRANT OF A PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF
ENGLEWOOD , COLORADO AND CENTENNIAL WATER AND SANITATION
DISTRICT, FOR THE PURPOSE OF CONSTRUCTION, MAINTENANCE AND
OPERATION OF A PUMP STATION.
WHEREAS , the Englewood City Council, by the passage of Ordinance No. 44 ,
Series of 1980 , authorized an intergovernmental agreement between Mission Viejo
Water and Sanitation District, now Centennial Water and Sanitation District, for the
purpose of selling raw water to the District; and
WHEREAS, the Englewood City Council, by the passage of Ordinance No . 55,
Series of 1981 , authorized an intergovernmental agreement between Mission Viejo
Water and Sanitation District, now Centennial Water and Sanitation District, for the
purpose of granting easements for water lines and a pump station; and
WHEREAS , with the passage of this Ordinance a temporary construction easement
is hereby granted to Centennial Water and Sanitation District, for the construction, of
an additional pump station; and
WHEREAS , with the passage of this Ordinance a permanent easement is hereby
granted to Centennial Water and Sanitation District, for the construction,
maintenance and operation of this additional station; and
WHEREAS , the Englewood Water and Sewer Board reviewed and made their
recommendation for the Grant of a Permanent Easement and a Temporary
Construction Easement to the Centennial Water and Sanitation District, for the
purpose of construction, maintenance and operation of a pump station at their April
20 , 1999 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 Easement and Temporary Construction
Easement to Centennial Water and Sanitation District, 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 Permanent Easement and Temporary Construction Easement to
Centennial Water and Sanitation District for and on behalf of the City of Englewood,
Colorado .
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Introduced, read in full, and passed on first reading on the 3rd day of May, 1999.
Published as a Bill for an Ordinance on the 7th day of May, 1999.
Read by title and passed on final reading on the 17th day of May, 1999.
Published by title as Ordinance Nod:j, Series of 1999, on the 21st day of May,
1999.
Thomas J. Burns, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true COP)) tJ the Ordinance passed on final reading
and published by title as Ordinance No."1,J'. Series~ tf I&r
Loucrishia A. Ellis
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GRANT OF PERMANENT EASEMENT
AND
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
THIS Permanent Easement is granted this __ day of , 1999,
by THE CITY OF ENGLEWOOD , COLORADO, a Home Rule City existing under and by
virtue of the laws of the State of Colorado (hereinafter referred to as "the City/Grantor",
whose address is 3400 South Elati Street, Englewood, CO 80110, and THE
CENTENNIAL WATER AND SANITATION DISTRICT, 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. Easement Propertv. The "Easement Property" or "easement" shall mean the real
property owned by the City/Grantor located in the County of Douglas, State of
Colorado, more particularly described in the Legal Description for the Permanent
Easement, attached hereto and incorporated by reference herein. (See Attachment 1)
2 . Temporary Easement Propertv. The "Temporary Easement Property" shall mean
the real property, owne.d by the City/Grantor, located in the County of Douglas, State
of Colorado, substantially as depicted on the maps attached hereto and incorporated
by reference herein. (See Attachment 2)
3 . Consideration. As consideration of this Permanent Easement Grant, the
District/Grantee has paid to the City/Grantor the sum of Ten Dollars ($10.00) and
other good and valuable consideration paid by the District/Grantee , receipt of which
is hereby acknowledged by the City/Grantor.
4. Grant of Permanent Easement. The City/Grantor hereby grants to the
District/Grantee, its successors and assigns , a perpetual, non-exclusive easement
over, across and through the Easement Property for the purpose of construction,
maintenance and operation of a pump ·station.
5 . Grant of Temporarv Construction Easement. The City/Grantor hereby grants to the
District/Grantee, and assigns , a temporary non-exclusive construction easement
upon, over and across the temporary construction easement property for the purpose
of using and occupying the property during the initial construction of the pump
station. The District/Grantee will restore the surface of the Temporary Construction
Easement to the same condition it was in, as near as practicable , immediately prior
to the granting of this Temporary Construction Easement.
6. Access . The District/Grantee shall have the perpetual, non-exclusive right of ingress
and egress, in, to, over, through and across the Easement Property for any purpose
necessary or desirable for the full enjoyment of the rights granted to the
District/Grantee under this Permanent Easement Grant.
7 . Restoration. The DistrictJGrantee agrees that after the construction of the pump
station, the District/Grantee shall restore the surface of the easement property and
the temporary easement property as nearly as reasonably possible to the grade and
condition of the property immediately prior to the construction. The DistrictJGrantee
further agrees to restore and repair any improvements of the City/Grantor which are
damaged or altered by the DistrictJGrantee during said construction.
8 . Rights of City/Grantor. The City/Grantor hereby reserves the right to use and enjoy
the Permanent Easement Property for any purposes which are not inconsistent with,
and do not interfere with, the easement and rights herein granted to the
District/Grantee, provided, however, such reservation by the City/Grantor shall not
include the right to erect or cause to be erected any buildings, structures, trees , or
other obstructions on the Permanent Easement Property which would preclude,
injure or make more difficult the exercise by the District/Grantee of rights granted to
the DistrictJGrantee hereunder.
9 . Abandonment. In the event that the District/Grantee shall abandon the rights
granted to it under this Grant of easement, all right, title and interest hereunder of
the DistrictJGrantee shall cease and terminate , and the City/Grantor shall hold the
Easement Property , as the same may then be , free from the rights of the
District/Grantee so abandoned and shall own all materials and structures of the
District/Grantee so abandoned.
10 . Binding Effec t. This Grant of a permanent easement shall extend to and be binding
upon the heirs , personal representatives , successors and assignees of the respective
parties hereto . The terms , covenants , agreements and conditions in this Permanent
Easement Grant shall be construed as covenants , running with the land.
IN WITNESS WHEREOF , the parties hereto have executed this Permanent Easement
Grant the day and year first above written.
CITY OF ENGLEWOOD , COLORADO -GRA.NTOR
ATTEST:
Loucrishia A. Ellis , City Clerk
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CENTENNIAL WATER AND SANITATION DISTRICT. GRANTEE
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
SUBSCRIBED AND SWORN to before me by---------of
Centennial Water and Sa nitation District, this __ day of ________ , 1999 .
Nota ry Public
My commission expires:
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SENT BY: HS & W, P. C.; 3-4·99 1 :18PM; 3032980904 =>
LEGAL DESCRIPTION
PERMANENT EASEMENT
A PARCEL OF LANO FOR A PERMANENT EASEMENT BE ING A PORTION OF THE SOUTHEAST
QUARTER OF SECTION 32 , TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN , COUNTY OF ARAPAHOE. STATE OF COLORADO, DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32 WHENCE THE
NORTHEAST CORNER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 68 WEST OF THE SIXTH
PRINCIPAL MERIDIAN BEARS NORTH 89"47'40" EAST 2448.92 FEET;
THENCE NORTH 51°46'44~ EAST 812 .38 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING ALSO ON THE NORTHEASTERLY LINE OF AN EASEMENT TO CENTENNIAL WATER AND
SANITATION DISTRICT, DESCRISED IN BOOK 418 , PAGE 403 , ARAPAHOE COUNTY RECORDS ;
THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 27°49'45" EAST 64 .86 FEET;
THENCE SOUTH 62°10'06" EAST 133 .33 FEET:
THENCE SOUTH 27°49'02'' WEST 29 .06 FEET;
THENCE SOUTH 17°10'32'" EAST 96 .68 FEET TO SAID NORTHEASTERLY LINE ,
THENCE ALONG SAID NORTHEASTERLY LINE NORTH 53°00"00" WEST 204 . 32 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 0 .276 ACRES (12,042 SQ . FT.}, MORE OR LESS .
EXHIBIT ATIACHED ANO MADE A PART HEREOF.
C REY TENNE
COLORADO REGISTERED LAND S RVEYOR L. S . 17666
FOR ANO ON BEHALF OF AZTEC CONSULTANTS, INC
McLellan Reservoir Pump St;:ition
12799-03: PEMCLELL; 03-02-99
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·,;·~:~/1 ~~,~~~C~~ M,~"IEc CON8ULTANT8, Ina. Legal Exhibit
.. ri;_ J i 99 g,,._ ... eaw.-eoTI:Z Permanent Easement
~C "'-1'.: . 1 • -= 200' .• _ ___ ,,__ 003\nJ-.... F.. omlT'D-'"7 ;09 ...,..llf!i 12799-0J 2 ~ 7 9'0:f'J
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COUNCIL COMMUNICATION
Date Agenda Item Subject Grant of Permanent
Easement and Temporary
May 3, 1999 10 a i Construction Easement for
Centennial Pump Station at
Mclellan Reservoir
Initiated By Staff Source
Utilities Department Stewart H. Fonda , Director of Util it ies
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Agreement between City of Englewood and Mission Viejo Company dated November 3, 1980.
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their April 20 , 1999 meeting, recommended Council
approva l of the Grant of Permanent Easement and Temporary Construction Easement for Centennial 's
proposed pump station at Mclellan Reservoir .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Centennial Water and Sanitation district is proposing construction of an additional pumping station to
transfe r raw water from the Mclellan Reservoir to the ir water treatment plant serving Highlands Ranch .
The purpose of the proposed pump station is to increase the District's raw water transmission capacity
from 22 mgd to 40 mgd . Centennial leases 65% of the storage capacity in Mclellan Reservoir from the
City of Englewood.
The pumping station will be located on the southwest shore of Mclellan Reservoir adjacent to the
existing spillway and will be fully enclosed in a masonry block building. The attached Grant of
Easement is for a temporary easement for construction and a permanent easement for the Centennial
Water and Sanitation District Pump Station.
Englewood originally approved the pump station easement in their agreement of November 3 , 1980
with Miss ion Viejo in Paragraph VII , 7.1 -Easements for Mission Transmission Facilities. The original
agreement allows a "non-exclusive easements over , under and across any property owned or
controlled by Englewood for the construction, operation , maintenance , repair and replacement of water
intake structures , lines and facilities which are necessary or desirable for the transmission of water to
be furn ished under th is Agreement from the po ints of delivery of such water to any water treatment
plant or treatment plants serving Highlands Ranch."
FINANCIAL IMPACT
None .
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Grant of Permanent Easement and Temporary Construct ion Easement
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PUBLIC SERVICE
COMPANY OF COLORADO 'M
October 24, 2000
City of Englewood
Attn.: Nancy Reed, City Attorney's Office
3400 South Elati Street
Englewood, CO 80110-2304
A Siting and Land Rights
~ 50 15th Street , Suite 700
enver , Colorado 80202 ·4256
lephone 303.571.7799
csimile 303 .571 .7877
Re: Electric Distribution I Mclellan Reservoir Pump Station.
License Agreement
Dear Nancy:
Enclosed you will find a legal description and sketch describing the location
of the underground electric distribution line that was installed at Mclellan
Reservoir to provide power to a new pump station. Please attach this legal
description to the required License Agreement. ----~ .------
The pump station w
attached copy)
approved under Ordinance No. 29, 1999. (See _.}
If you have any questions or need additional information you may contact me
at (303) 571-7521 , or PSCo Designer, Scott Hedenskog at (303) 980-3855 .
cc William W . McCormick Operations Supt ., Englewood
Sincerely yours,
!Lo~~{;~FJ!_~
V ~~tzgerald
Project Agent
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EXHIBIT
NOTE: THIS DRAWING JS MEANT TO DEPICT THE A TT ACHED
LEGAL DESCRIPTION AND JS FOR INFORMATIONAL PURPOSES
ONLY . IT DOES NOT REPRESENT A MONUMENTED LAND
SURVEY.
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I ~"" I CENTERLINE ~ "-...._
20' EAEMENT ·. 18.9 POB
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. S 114 COR . -~.. . I/ SEC . 32 -~ ' ~ l
+·-·-·-·-·-·-·-·-·-·-·_L108..25.' _______________ "V_
j COUNTY LINE ROAD
AN EASEME NT 20.00 FEET IN WIDTH SITUATED JN SECTION 32,
T 5 S, R 68 W OF THE 6TH P . M ., BEING I0.00 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE :
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 32, T. 5 S., R . 68 W .,
6TH P.M .; THENCE S 89°54'00" E ALONG THE SOUTH LINE OF SAID SECTION 32, A
DISTANCE OF 1308.25 FEET; THENCE N 00°06'00" EA DISTANCE OF 75 .00 FEET
TO THE POINT OF BEGINNING; THENCE N 66°09'02"W A DISTANCE OF 273 . 13 FEET;
THENCE N 59°49'04" WA DISTANCE OF 189 .53 FEET; THENCE N 47°46'42" WA
DISTANCE OF 302.26 FEET; THENCE N 30°54'42" EA DISTANCE OF 55 .00 FEET;
THENCE s 59°05 '08" EA DISTANCE OF 18.00 FEET TO THE POINT OF TERMINUS .
ARAPAHOE COUNTY, STATE OF COLORADO .
DESCRIPTIO~REPARED BY
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DAVID D. STECK, PLS 14157
PO BOX 1168
CJ{_
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IDAHO SPRINGS, CO 80452 SCALE: I" = 200'
14157
STECK AND ASSOCIATES
P. 0. BOX 1168
IDAHO SPRINGS, CO. 80452
(303) 567 -4246
MCLELLAN PUMP STATION
GAS EASEMENT
IN SECTION 32, T 5 S, R 68 W
JOB NO . 0010-005 DATE: I 0/ 18/2000