HomeMy WebLinkAbout2001 Resolution No. 044•
RESOLUTION NO.#
SERIES OF 200 1
A RESOLUTION AUTHORIZING A "LICENSE AGREEMEN'lw AND A "GRANT OF
CONSTRUCTION EASEMENT' TO WATSON LANE, LLC. FOR THE CONSTRUCTION
OF WATSON LANE ACROSS THE BROWN DITCH.
WHEREAS, tho Watson Lane, LLC. requested a License Agreement and Grant of
Construction Easement for the purpose of constructing a new roadway to be known as Watson
Lane across the Bro wn Ditch ; and
WHEREAS, the construction area crossing of the BrolVn Ditch is in the 5600 block of
Watson Lane, locate~ ,ne block West of Federal and South of Bowles, North of Columbine
Country Club in Iittleton; and
WHEREAS , the new road1Vay is adjar ent to the Brown Ditch and moving the road from
the West side to the East side ofth• Bro"" Ditch results in five residences needing access to
their properties by crossing \he Brown Ditch; w,d
WHEREAS, Watson Lane LLC . will be piping the Drown Ditcl. crossings with oval 24" by
38" RCP pipe; and
WHEREAS , the Watson Lane road and crossings were designed to impact the Brown
Ditch as mhimally as possible wh.ile leaving it as functional as possible; and
WHEREAS , the License Agreement provides that Watso:i Lane LLC. expressly assumes
full and strict liability for any and all damages of every nsture to person or property csused
by the point or points where Watson Lane LLC. performs any work in connection with the
crossing provided by Watson Lane LLC; and
WHEREAS, the License Agreement provides the City reserves the right to make full use
of the prope, cy necessary in the operation of the Brown Ditch; and
WHEREAS, the License Agreement provides that the City retains ,ill rights to operate,
maintain, install, repair, remove or relocate any of its' facilities located within the iity's
Right-Of-Way; and
WHEREAS , the Englewood Water and Se1Ver Board recommended Council approval of a
"License Agreement" and a "Grant of Construction Easement" to Watson Lane, LLC. for the
construction of Watson Lane Across the Brown Ditch, at its May 8th, 2001 meeting;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
~-The "License Agreement" and the "Gri.nt of Construction Easement" to Watson
Lane, LLC . for the purpoee of constructing a new roadway adjacent to the Brown Ditch ond
moving the road from the West aide to the Eaat side of the Brown Ditch, as described in
Exhibit "A", is hereby accepted and approved by the City Council of the City of Englewood,
Colorado.
~-•rhe Director of Utilities is authorized to execute the "License Agreement" and
the "Grant of Construction Easement" for and on behalf of the City of Englewood, Colorado.
ADOPTED AND APPROVED this 21" of May, 2001.
I, Loucriahla A. EW., City Clerk for P3e City ofEnglew
above i.o a true oopy of Raaolution Nolj:!/:1 Series of 2001 .
LICENSE AGREEMENT
THIS AGREEMEN r, made and entered imo as of the ,J-17j_. day of April ,2001, by and
between the ClTY OF ENGLEWOOD , a municipal corporation llf Colorado , hereinafter
referred to as "Ci ty " and Watso~ Lane, LLC ., hereinafter referred to as "Licensee,"
WITNESSETH : Th e Ci (y without any warranty of its title or interest whatsoever, hereby
authorizes Licensee, its successors and assigns , to in stall a 24 " X 38" RCP pipe within City's
right-of-way for the Brown's Ditch and to install, repair and maintain an access drive across
the City 's rights-of-way for the Brown's Ditch, described as a parcel of land situawd in a
portion of Tract 7 and all of Tract 8, Walter A. Bowles Gardens , located in the Southwest
quarter of Section 17, and the Northwest quarter of Se ction 20, Township S South , Range 68
West of the 6th Princ ipal Meridian, County of Arapahoe , Stat e of Colorado, depicted upon
Exhibit A, attached hereto and made a part hereof.
I. Any construction contemplated or performed under this License shall comply with and
conform I~ standards formulated by th e Director of Utilities of the City and such construction •
shall be perfo1med and completed Pccording 10 the plans approverl by tr.: City.
2.Th e Licensee shall notify the City's Director of Utilities at least three (3) days prior to the
time of commencement of the cJnstruction of, or any repairs made to, Licensee's 24'' X 38"
RCP pipe and access drive so that the City may , in its discreti-~n inspect such operations .
3. Within tnirty (30) days from the date of commencement u fr.onstruction of said 24 " X 38 "
RCP pipe and access drive , the licensee shall complete such cc ~1 1ruction, plac e and maintain
permanent, vi sible markers , of a type and at such locatio · .s as de signated by the Ci ty 's
Dire ctor of Utilitie s. referring to the centerline of the installation and shall ~!ear the crossing
area of all construction debris and restore the area 10 its pre vious condition as near as may be
reasonable . In the ev ent the placing of the centerline markers and the cle aring and res1oratio1,
of the cros sing a.-ea is not c0mpleted within th e time s~ecified , the Ci ty ma:,-complete the
wo rk at th e sole expe ns e of the Lic ensee.
4. The Cit y shall hav e the ri ght to maintain , in stall , repair , remove or relocate the Brown's
Ditch or any other of its facilities or installations within the City's rights-of-way, at an y time
and in such manne r as the Ci ty de ems ne cess ary or con ven ient. The Ci ty re serves the
exclusi ve right 10 control all easements and ins tallation s.
S. The st ipulation and condit ions of :h is Li ce nse shall be incorporated into contract •
spe ci ficat io ns if the constru ctio n here in auth ori zed is to be do ne on a contract bas is
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6. The rights and privileges granted in this License shall be subject to prior agreements,
licenses and/o\ gran,s, recorded or unrecorded, and it shall be the Licensee's sole
responsibility to determine the existence of said documents or confl ic ting uses or installations.
7. The Licensee shall ~ontact and fully cooperate with the City's personnel Md the
construction shall be completed without interference with any lawful, usual or ordinary flow
of water through the Brown's Ditch . Licensee shall assume all risks incident to the possible
presence of such waters, or of storm waters, or of sPrface waters in the Brown's Ditch .
~-All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the
original ground line in laye rs not to exceed six (6) inches loose measure to a compnction of
ninety per cent (90%) Standard Proctor Maximum Density.
9. Lic~nsee shall indemnify and save harmless the Ci ty, its officers and employees, against
any an d all claims, damages, actions or causes of action and expenses to which it or they may
be subjected by reason of said access drive being within and across the premises of the City or
by reason of any work done or omission made by Licensee, its agents or employees , in
connection with the construction, replacement , maintenance or repair of said access drive
Lice nsee , for a period of one (I) year beginniug on June I, 2001, warrants to City that the 24"
X 38" RCP pipe will be free from defects in materials and will be free from defects , the
installation or ;he 24" X 38" RCP pipe into the Brown's Ditch ri1,,1t-of-wa y
Upon an assignment of this License to a third party, which assignment shall be approved by
City (a ppro val of an assignment shall not be unreasonabl y withheld or delayed) Watson Lane ,
LLC. shal 1• be released from all responsibility under the provisions of this paragrapt, and the
approved assignee shall assume all obligations under this paragraph. Also , when the Colorado
Department of Transportation and/or the City of Linleton accepts the rroject constructed
under this License Agreement for maimer..: ice pursuant to an agreement with the City or by
other means acceptable to the City then Watson Lan e, LLC. shall be released from all
responsibility under the provisions of this paragraph .
I O. It is expressly agreed that in case of Lice nsee 's breach of any of the within promises, the
City ma y, at its option, have specific performance thereof, or sue for damages resulti ng from
such breach.
11 . Upon abandonment of any right or pri vilege here in granted , the right of Licensee to that
extent shall term i"1te , but its obligati on to indemnify and save harmless the City . its officers
and employees, shai! not terminate in any event , except as to Watson Lane , LLC. purs•Jant to
the provi si0n of paragraph 9 above .
In grantir ~ the above authorization, the City reserves the right to make full use of the property
involved JS may be necessar,• or convenient in the operation of the water works plant and
sy stem under the control of the Ci ty .
IN WITNESS WHEREOF , this instrument has been executed as of the clay and ye:ir first
abo ve wrinen .
APPROVED :
Water and Sewer Board
Stewart Fonda, Director of Utilitie s
APPROVED AS TO FORM :
CITY OF ENGLEWOOD ,
Acting through and by its
Chairman
LICENSEE
WATSON LANE , LLC.
By: Ross S. Robbins , Member
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GRANT OF CONSTRUCTION EASEMENT
THIS AGREEMENT is made this /It!~, of¥. 2001 by WATSON LANE, LLC.
("Watson'), whose principal plar.e oi business is 1501 West Campus Drive , Suite M, Littleton,
Colorado 801~0, and the CITY OF ENGLEWOOD ("Englewood"), a Colorado municipality
whose principal place ofbusin, ; is l000 Engle\\ood Parkway, Englewood , Colorado 80110.
';._'HEREAS, Watson desires to construct roadway improvements to Watson Lane, to serve future
develoi:;ment and in accordance with an approved City of Littleton Plat; and
WHEREAS , Watson is required to install a Littleton appro ved 24" X 38" RCP pipe project in an
Englewood City Di1ch righ1-of-way in the location depicled upon Exhibil A attached hereto and
mace a part hereof (1hc "Project") and
WHEREAS. Wa1son owns a parcel ofvacan1 land sla1ed for residential developmenl,
THE PARTIES covenant and agree as follows:
1. Descriplion of Project Watson will ins1all a Littleton approved 24" X 38" RCP pipe project in
the Englewood Ci1y Brown's Ditch righ1-of-way and cover same with cle:lll fill dirt beginning in
May of 200 I . After the pipe is inscalled and covered, which is lo be no later 1han October of
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2001, Newton will do what is reasonably necessary to restore the property to the original •
condition.
2. Ri~ht to Store Materials. Englewood agrees to permil Watson, in conjunction with the
construction and installation of pipe, to store pipe , equipment and fill dirt on a site as indicated
on the attached map. Watson agrees to erect a temporary security fence around the storage site
and main1ain adequale security for the site at all rimes. Watson further agrees to comply with all
state and federal statules and regula1ions regarding the handling, storage and clean up of an y
hazardous materials used by Watson, its employees, agents and assigns in conjunction with the
Projecl The location of the construc1ion easemen1 is depicted upon Exhibit "A"
3. Length of A2reemen1 . This Agreement shall expi re on May 31, 2002 . However. the Brown's
Ditch piping project must not begin before June 1, 2001 , and the 24" X38" RCP pipe must have
flow capability on or before June I, 2002.
4. Access Watson shall have the temporary non-exclusi •1e right 10 en1er the property for an y
reasonable purpose nece ssary for lhe construc tio n of •.he projecl subjec1 10 the following
res1ric1ions: 1) normal working hours shall be from 8:00 .c m. until 4:00 p.m.; 2) the operation of
equ ipme nl and heavy trucks will be permitted an the property only during normal working hours;
3) Watson will compl y with all City of Littleton requirements regardi :1g emergenc y access le the
pr operty .
5. Res1oration. Watson will do what is necessary to reslore the property 10 it s original condition
including but no1 limited 10: regrading the property under chis agreement and reseeding the
property according to Littleton requirements . The restoration is to be completed by the expiration
date of this Gram
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6. Site Condition. Watson will provide security for the site at all times. In addition, Watson will
end~avor to keep the site in a visually acceptable manner during the term of this agreement, and
Watson will maintain adequate dust control either by regularly spraying exposed soil with water
or by other acceptable methods .
7. Liabilitv. Wats0n agrees to be liable and hold harmless 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 Wat.,on including the cost of defending against sur.h claims .
8. Insurance . Watson shall maintain in full force and effect a valid policy of insurance for The
Project in the amount of $600,000 property coverage and $600 ,000 liability cov-.rage. Watson
further agrees that all Watson employees , contractors and sub-contractors working on the
Project shall be covered by adequate Workers Compensation in:;urance.
9. Arbitration-The parties agree to submit any dispute to arbitration pursuant to Colorado law.
IN WITNESS WHEREO F, the Parties hereto have executed this Grant of Construction Easement
on the below written date to be effective on the day and year first above written.
STATE OF COLORADO _____ )
COUNTY OF ARARPAHOE
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WA~ON LANE, L~_s:;? .
£6e/.~AJ
by: Ross S. Robbins, Member
On this ~7\b day of \\',·,~ , cO OI , before me personally appeared Ross S.
Robbins , known 10 me to be a Member of the W~tson Lan e, LLC, that executed the within and
foregoing instrument , and acknowledged the said instrument to be the free and voluntary ac t and
deed of said LLC for the uses anj purposes herein mentioned, and on oath stated that he is
authoriied to execute ~aid inst rument
IN WITNESS WHEREOF, I have hereunto set my hand and affixe d my offici al seal the day and
year first above "'Titten
My commission :xpires : :, );,~lo1C:04
NOT AR PUBLIC
ADDRESS
CIT Y OF EN GLE WO OD , CO LORAD O
Dire r;tor of Utilities
Exhibit A
Legal Description
A PARCEL OF LAND BEING A PC;... TION OF TRACT 7, AND ALL OF TRACT 8,
WALTER A. BOWLES GARDENS . LOCATED IN THE SOUTHWEST QUARTER < 1F
SECTION 17 AND IN THE NORTIIWEST QUARTER OF SECTION20 , TOWNSHIP 5
SOUTH.RANGE 68 WEST OF THi: SIXTH PRINCIPAL MERIDIAN, CITY OF
LITTLETON, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARING FOR THIS LEGAL DESCR 11 TI0N IS THE NORTH LINE OF THE
NORTHWEST QUARTER SECTION OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN , ASSUMED TO BEAR NORTH 89
50 '22" EAST;
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID TRACT 8; THENCE
NORTH 08' 51 '14" WEST ALONG THE WESTERLY LINE OF SAID TRACT 8 A
DISTANCE OF 1027 .15 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT
8; THENCE SOUTH 77°28'57" EAST ALONG THE NORTHERLY LINE OF SAID
TRACT 8 A DISTANCE OF 14.17 FEET TO THE SOUTHWESTERLY CORNER OF
SAID TRACT 7;
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THENCE ALONG THE WESTERLY LINES OF SAID TRACT 7 THE FOLLOWING FIVE
(5) COURSES ;
1) THENCE NOR fH 05' 28'57" WEST A DISTANCE OF 87 .00 FEET ; 2) THENCE •
NORTH 11°30'37" WEST A DISTANCE OF 51 .37 FEET; 3) THENCE NORTH 11°31'31"
WEST A DISTANCE OF 219.45 FEET ; 4) THENCE NORTH 06° 05 '14" EAST A
DISTANCE OF 97 .93 FEET ; 5) THENCE NORTH 07 ° 49'17" WEST A DISTANCE OF
129 .82 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF WEST
BOWLES AVENUE ALSO BEING THE SOUTHERLY LINE OF HIGHWAY RIGHT OF
WAY PARCEL NO . 15 AS DESCRIBED IN BOOK 5885AT PAGE 565 OF THE
ARAPAHOE COUNTY RECORDS;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING TWO (2)
COURSES ;
1) THENCE NORTH 65 ' 56 '42 " EA ST A DISTANCE OF 111 .30 FEET; 2) THENCE
NORTH 63 °38 '06" EAST A DISTANCE OF 74 1 0 FEET ;
THENCE SOUTH 05 '23 '31 " EAST A DISTANCE 1F 695 .63 FEET TO A POINT ON
SAID NORTHERLY LINE OF TRACT 8; THENCI::: SOUTH 77°28'57" EAST ALONG
SAID NORTHERLY LINE OF TRACT 8 A DISTANCE OF 85 .12 FEET TO THE
NORTHEASTERLY CORNER OF SAID 7RACT 8; THENCE SOUTH 08 °51'14" EAST
ALONG THE EASTERLY LINE OF SAID TRACT 8 A DISTANCE OF 762 .23 FEET TO
THE SOUTHEASTERLY CORNER OF SA ID TRACT 8; THENCE SOl 'TH 47 °09'2 5"
WEST ALONG THE SOUTHERLY LINE OF SAID TRACT 8 A DISTAl,CE OF 299 .86
FEET TO THE POINT OF BEGINNING
CONTAINING 7.62 ACRES, MORE OR LESS . •
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COUNCIL COMMUNICATION
Date Agenda Item
May 21, 2001 10 C ii
Subject
License Agreement and Grant of
Construction Easement for
Watson Lan e
INITIATED BY
Utilities Depar tment I STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their May 8, 2001 meeting, recommended Council approval of
the License Agreement and Grant of Construction Easement for Watson Lane to cross the Brown Ditch .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Mr. Ross Robbins has submitted a License Agreemen t and Grant of Construction for crossing the Brown
Ditch in the 5600 block of Watson Lane, which is located one block we st of Federal and south of Bowles
north of Columbine Country Club in the City of Linleton. Mr. Robbins is constructing a new roadway
adjacent to the ditch and moving the road from the west side to the east side of the Brown Ditch . As a
result, five residences will need access to their property by crossing the ditch. Mr. Robbins' construction
company, HomeSphere will be piping the ditch crossi ngs with oval 24' x 38' rep pipe. A homeowners
association that is now being formed will maintain the ditch . The road and crossings were designed to
impact the ditch as minimally as possible while leaving it as fu nctional as possible .
The Licensee expressly assu mes full and strict liability for an y and all damages of every nature to person or
property caused by th e point or points wh"re the Licensee performs any wo rk in connectio n with the
crossing prov ide d by the Licen see. Tic, (ity reserves the right to make full use of the property necessary in
the o peration oi the Brown Ditch. ; he City retains all rights to operate, maintain, in,:all, repair, remove or
relocate any of ,ts facili ti es located with the City 's right-of-way.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Proposed Resolution