HomeMy WebLinkAbout1999 Ordinance No. 074r
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ORDINANCE NO . :1.!/:
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO . 76
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING A QUIT CLAIM DEED BETWEEN ADAM AND
KATHERINE LOUISE MULLEDY AND THE CITY OF ENGLEWOOD , COLORADO
FOR 11 SQUARE FEET OF THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3697
SOUTH GRANT STREET, ENGLEWOOD , COLORADO, AND A LICENSE
AGREEMENT TO CLARIFY THE LOCATION OF THE CITY DITCH RIGHT-OF-
WAY.
WHEREAS, a reque st was made by Adam and Katherine Mulledy to clear title to
their home at 3697 South Grant Stree t a part of which was built on the City Ditch;
and
WHEREAS, during an Englewood Utilities Department project of surveying the City
Ditch, it was discovered that the Mulledy residence encroaches into the City Ditch
Right-of-Way by approximately 11 square feet ; and
WHEREAS, the Quit Claim Deed for approximately 11 square feet will clear the
title to the residence located at 3697 South Grant Street; and
WHEREAS , the license agreement clarifies the location and rights of the parties
regarding the City Ditch Right-Of-Way ; and
WHEREAS , the Englewood W a ter and Sewer Board reviewed and recommended
approval of this License Agreement and the Quit Claim Deed at their August 17 , 1999
meeting ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Section 1. The "License Agreement" with Adam and Katherine Louise Mulledy is
hereby accepted and approved by the Englewood City Council , the License Agreement
is attached hereto as "Exhibit A".
Section 2. The "Quit Claim Deed" for an approximate e leven square feet (11 ') of the
City Ditch Right-of-Way for the r esidence at 3697 South Grant Street, Englewood is
hereby accepted and approved by the Englewood City Council, the Quit Claim Deed is
attached hereto as "Exhibit B''.
Section 3 . The Director of Utilities is authorized to execute and the City Clerk to
attest and seal the License Agreement for and on behalf of the City of Englewood,
Colorado .
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Section 4. The Mayor is a uthorized to execute and the City Clerk to attest and seal
the Quit Claim Deed for and on behalf of the City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 15th day of November,
1999.
Published as a Bill for an Ordinance on the 19th day of November, 1999.
Read by title and passed on final reading on the 6th day of December, 1999.
Published by title as Ordinance No .1.!l, Series of 1999, on the 10th day of
December, 1999.
I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No. :J.!f, Series of 199 .
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LICE~SE AGREE~'lENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
______ , 1999, by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado, herein referred to as "City", and ADAl\tI AND
KATHERINE LOUISE MULLEDY herein referred to as "Licensee".
WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby
authorizes Licensee to maintain a parcel ofland in the City's rights-of-way for the City
Ditch, more specifically described as a parcel of land situated in the Northwest Quarter of
the Northeast Quarter of Section 3, Township 5 South Range 68 West of the Sixth Principal
Meridan, City of Englewood, County of Arapahoe, State of Colorado and described as a
Right-of-Way twenty-five feet (25') in width along the existing City Ditch as shown on
"Attachment A" located across and along a parcel described as the South 50 feet (50') of Plot
3, Block 3, Higgins Broadway Addition, recorded in the office of the Arapahoe County Clerk
and Recorder in Reception Number 44923, except the West 8 feet (8 ') and the East 13 feet
(13') thereof as recorded in Book 753 at Page 586 in said Clerk and Recorder's Office.
1. Licensee is granted an exclusive license to the parcel described herein subject to the
provisions of this Agreement
2. In granting this License , the City reserves the right to make full use of the parcel 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 the City's facilities
located within the City Ditch or City Right-of-Way 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 the City Ditch or Right-of-Way , at any time
hereafter, Licensee shall, upon request by the City and at Licensee·s sole expense,
immediately 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 and assigns.
3. Subject to the provisions contained in paragraph 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 Right-of-Way , at any time and in such manner as the
City deems necessary or convenient. The City reserves the exclusive right to control all
easements and installations .
4. The rights and privileges granted in this License shall 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 agreements, licenses or grants or
conflicting uses or installations .
5 . The Licensee shall have the right to maintain the above described parcel including but
not limited to planting and trimming grass and/or bushes, fertilization and irrigation
and removal of trash and brush.
6. Access to the parcel by City personnel must be maintained by Licensee for inspection
and maintenance .
7. No construction, other than the existing wooden fence , shall be allowed on this parcel
without express written permission from the City.
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8. Upon abandonment of any right or privilege herein granted, the right of Licensee to
that extent shall terminate, but its obligation to indemnify and save harmles s the
City, its officers and employees, shall not terminate in any event.
9. The 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
applicable to the City Ditch or City Right-of-Way . If, as a result of the Licensee's
occupancy of the premises and its operation hereunder, any such law, ordinance, rule
or regulation is violated, Licensee shall protect, save harmless, defend and indemnify
the City from and against any penalties, fines, costs and expenses including legal fees
and court costs incurred by the City, caused by, resulting from or connected with such
violation or violations , and this License shall terminate immediately .
IN WITNESS WHEREOF , this instrument has been executed as of the day and y e a r first
above writte n.
APPROVED:
Stewart Fonda , Director
STATE OF COLORADO
COUNTY OF ARAPAHOE
) SS.
)
CITY OF ENGLEWOOD
acting through and by its
Water and Sewer Board
By~~~Oh~~-J Cha irman
LICENSEE :
The foregoing instrument was acknowledged before me this L day of
Uc 11 erv1'xec , 1999, by Adam Mulledy.
My commission expires: 1 le,, I z oo-z-. '
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STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this£ day of
LJ. ve~..,bev-, 1999, by Katherine Louise Mulledy.
My commission expires : _...:...7_/_~_/_Z_D_o_Z-__
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QUIT CLAIM DEED
nm; !:EID, made this day of , 19 99 . between
THE CI1Y OF ENGLEWOOD, COLORADO. a Home Rule Municipality
3400 South Elati S treet
Englewood, Colo r ado 80110
of the Coun ty of Arapahoe and State of Colorado, grantor(s), and
whose legal address is
ADAM AND KATHERlNE LOUISE MULLEDY
3697 South Grant Street
Englewood, Colorado 80110
of the County of Arapahoe and State of Colorado. grantee(s),
WITNESSETH, That the grantor, for and in consideration of the sum of Ten and
no /100 ----------------------------------------DOLLARS the receipt and sufficiency of which
is hereby acknowledged , has remised. released. sold. conveyed and QUIT CLAIMED, and
by these presents does remise. release . sell. convey and QUIT CLAIM unto the grantee(s).
its heirs. successor s and assigns . forever, all the right. title . interest. claim and demand
which the grantor(s) ha in and to the real property. together with improvements . if
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any . situate. lying and being in the County of Arapahoe and State of Colo r ado , described •
in "Attachment A" attached hereto and incorporated herein by reference.
Said property contains 11 square feet.
TO HAVE AND TO HOLD the same. together with all and singular the appurtenances
and privileges thereunto belonging or in any wise thereunto appertaining. and all the
estate, right. title, interest and claim whatsoever. of the grantor(s). either in law or
equity, to the only proper use. benefit and behoof of the grantee(s). its heirs and assigns
forever.
IN WITNESS WHEREOF , The grantor has executed this deed on the date set forth
above.
CI1Y OF ENGLEWOOD, COLORADO
ATTEST:
Loucrishia A. Ellis, City Clerk Thomas J . Burns. Mayor
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LEGAL OESCIUL'TION
"/\Llac lunenl: /\" to Ou it Cla .i.Jq Llee<l .Cur
the Ci ty o f .Engle'M...xxl lo .MullecJy
Dated
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/\ l'arct.:l or lan<l, lucalc<l in a part or the Northwest Quarter or the Nort heast Quarter or Section 3,
Township 5 South. l{angc 68 West, or the Sixth l'rineipal Meridiun , C ity or l ~11gkwoo<l , County of
/\rnpahoc, Stale or Colorado , being more particularly described as l"ollows;
Commencing al the Nmthcast corner of the Southwest Quarter of lhc Northeast Quarter of said
Section 3; Thence North 78°·18'55" We s t , a distance or J S:t.lJ9 kct ; Thence South 89°07'35" West, a
distance or 5 .95 kcl, to a pui11l 011 the Southerly IZighl-ul ~ Way ur th e Ci ty I) itch ; Thc11cc South
74°49'54" Wes t, alu11g said Southerly Right-t1r-Way, a di s tance or 18 .7 0 ket, lo the i11tcrscclio11 or the
sa id Southerly IZighl-ol"-\V;1y ;111d lhc Northerl y line or a huildi11g Oil lhe properly recorded in l{ceeplio11
Nu111bcr 193084 , in the Olliec or the /\rapaliuc l'u u111 y Clerk and l{ceordcr, said p11i11l alsu being the
True l'uint ur Bcginni11g:
Thence along said Southerly Right-or-Way, along the Jul lowing lwo (2) courses;
I.) South 74°49'54" Wes t, a disl<1nce or 5 .Ci I feet;
2.) South 65°07'08" West , a distance orJ.70 kc!, lo the Wes terly line orsai<l IJuilding;
Thence North 00°50'18" West. along sai<l We s terly IJuilding lin e . a distance or2.99 ket; Thence North
89°44'3 I" East, a dislanee or 8.82 reel, lo the True Point or 13cginning.
Sai<l Parcel of land contains 11 s quare feel.
The IJasis of IJearings was lu1 med between two found lllOllUlllCnl s Oil !he North line or the Southeast
Quarter of the Nurll11vesl (..1uarler or said Section], being North 89°07'35" East.
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: -'/:..',_'!~/fr(J ///. , . -1:~."\~1.t.R:•71t·::::.:· ..
City of Englewood "City Ditch"
3697 S. Grant St.
RMC Job No. 2882.010.00
Doc. No. C:\Pruject\28820IO\Grntleg1.wpd
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lJu\Vayne l"vl. Phillips !'LS 119)2'>.;:.~ ···:.·•·· t'-f.·.·· ...
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Fur aml 011 Behalf' or f 2 /?'' ~ .. '° \
ltocky Muu11lai11 Cunsullanl$, Jpq.~ gJ29 ~} ~~ :
830 I E. l're11lice !\ ve. Sle. I ()I.·. \ _: ·~:
Englewuu<l , CU 80111 \. ':;,,> ......... ··~~>..
(303) 741-6000 · ..... '1 NAL U,\11;} .. -::.:-·
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May 12, 1999 YIU Revised August 18, 1999 V JU
EXHIBIT
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LOGAN <25 .)/ (Jo') STREET \
~EOC~R. SW 1/4, NE 1/4 f 5
)SE COR, SW 1/4, NE 1/4
SEC . .3 T5S, R68W, GTH PM SE C. 3 T5S, R68W, 6TH PM ~iu~~PNO. 5 REBAR 0 FOUND NO. 5 RE~_AR
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SCALE : 1 "= 50'
4
CITY DITCH"'
N 00 '09 144 W
S. GRANT ST.
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AREA= --Sr--.. n co no
11 SQ . FT. rn i';5 . z ;:i 0
,----,--____,.-----, '.3 w If tr; \~ ~z, LINE BEARING DISTAN CE : . CY. t-->----<------+-----• l{) .....J w z
L1 S 89"07'.35" W 5 .95' l[) n ~..q <C
L2 S 74·49'54'~ 18. 70' '' ~ i ' n ::>co~ i--1----~~--1-----o'° ~ Pm , ; /z g . L3 s 74 ·49'54 " w 5 .61' ') 1 --1----~-..,..,.-1----,--1 v l.J co :r. (J ~ V1
L4 S 65'07'08" W J . 70' o <.:J z f::? w ,., ·--·------+------0 <( -.x 0' L5 N 00'50'18" W 2.99' mo.. o 10
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n11S EXHIBIT DOES NOT REPRESENT
A MONUMENTED SURVE Y. IT IS ONLY
INTENDED TO DEPICT n1E ATIACHED
DESCRIPTION .
NW COR, SW 1/4,
-_/NE 1/4 SEC . 3,
/ T5S, R68W, 6TH PM
ROCKY MOUNTAIN CONSULTANTS, INC .
FOUND ALUMINUM
CAP ON PIPE
SHEET 2 OF 2 ILLEGIBLE
8 30 1 E. Prentice Ave . Suite 101 Englewoo d. CO 80 111 (303) 7~1 -6000 FA X (303) 741 -6 10 6
Leqol t.dwg
JOB 110 . 2662.010.0U 01\T E 05 12 99 YRI R[YISW 00 18 99 YRI
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INDEMNIFICATION AND RELEASE OF LIABILITY AGREEMENT
THIS INDEMNIFICATION AND RELEASE OF LIABILITY AGREEMENT, made and
entered into as of this · day of , 1999, by and between the CITY
OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as
"City", and ADAM AND KATHERINE LOUISE MULLEDY herein referred to as "Owner".
WHEREAS, the house owned by Adam and Katherine Louise Mulledy located at 3697
South Grant was inadvertently built partially within the City Ditch Right-of-Way owned by
the City of Englewood; and
WHEREAS, as the City Ditch Right-of-Way also runs across and through the rear yard of
3697 South Grant Street; and
WHEREAS, both the City and Adam and Katherine Louise Mulledy agree that requiring
Adam and Katherine Mulledy to remove the structure would result in a great deal of
expense to Adam and Katherine Mulledy; and
WHEREAS, the City has agreed to Quit Claim that portion of the Right-of-Way upon
which Adam and Katherine Mulledy's residence sits (approximately 11 square feet); and
WHEREAS, the City has also agreed to grant a License to Adam and Katherine Mulledy
for the use of the Right-of-Way for lawn purposes; and
WHEREAS, Adam and Katherine Mulledy, the owners of 3697 South Grant have
expressed a wish to construct a basement at the residence; and
WHEREAS, the City Ditch has been piped for several years where the City's Right-of-Way
crosses the property located at 3697 South Grant Street; and
WHEREAS, it is the nature of ditches of this type to leak, especially where the piping is
older; and
WHEREAS, the City has given no assurances to Adam and Katherine Mulledy that the
City Ditch is not leaking where it crosses their property, or near their property; and
WHEREAS, the Owner agrees the City Ditch requires subjacent and lateral support;
WHEREFORE, the Parties agree as follows:
L Adam and Katherine Mulledy, the owners of 3697 South Grant Street, are
aware of the nature of the City Ditch and hereby agree to guarantee the
subjacent and lateral support required for the City Ditch.
2. The Owners understand that the City Ditch may leak water onto or under the
area of the property at 3697 South Grant Street and that the addition of a
basement may result in damage to the basement from such leakage.
3. The Owners agree to be liable and hold harmless the City of Englewood, its
employees, tenants, guests and invitees from any and all claims, causes of
action, and liability which may occur as a result of the actions of the Owners in
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connection with the construction of a basement, including the cost of defending
against such claims . The Owners understand that the City of Englewood has
absolutely no liability for any damage to the Owners or their property as a result
of the construction of a basement.
The Owners agree that this release shall be binding on their heirs , assigns or
any future owner of the property.
This Agreement shall be recorded at the Office of the Clerk and Recorder of
Arapahoe County, Colorado.
IN WITNESS WHEREOF, this instrument has been executed as of the day and year first
above written.
APPROVED :
Stewart Fonda, Director
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
CITY OF ENGLEWOOD
acting through and by its
Water and Sewer Board
Chairman
OWNERS OF 3697 South Grant St.:
The foregoing instrument was acknowledged before me this '?11day of
AJciver.,, h:r , 1999, by Adam Mulledy.
Notary Pie
My commission expires:
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STATE OF COLORADO )
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COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this L day of
No vG vy1 bev-, 1999, by Katherine Louise Mulledy.
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Date
November 15, 1999
COUNCIL COMMUNICATION
Agenda Item
10 a v
Subject
City Ditch E:ncroachment
3697 S. Grant St.
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their August 17, 1999 meeting, recommended
Council approval of the quit claim Deed to Adam Mulledy for a City Ditch Encroachment at
3697 S. Grant St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
During a Utilities project of surveying the City Ditch, it was discovered that the residence at
3697 S. Grant St., owned by Adam Mulledy, encroaches into the City Ditch right-of-way . The
area of encroachment is approximately 11 square feet. Mr. Mulledy was not aware of this
situation at the time he purchased the home. The City has agreed to Quit Claim this
encroachment area to Mr. Mulledy to clear his title and allow basement construction. The
License Agreement allows Mr. Mulledy to use the City Ditch right-of-way as an addition to his
back yard and the Indemnification Agreement protects the City in the event of seepage from
the City Ditch into Mr. Mulledy 's basement.
A similar suit with Michael Gisen was mediated in September, 1998 at Arapahoe County
District Court resulting in Englewood agreeing quit claim four square feet of City Ditch right-of-
way to allow for improvements to the existing residence.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Ordinance
Quit Claim Deed
Indemnification and Release of Liability Agreement
License Agreement