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HomeMy WebLinkAbout2011 Ordinance No. 024• I ORDINANCE NO. d SERJES OF 2011 CONTRACT NO. ~<t -.:J,ol I BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER WILSON AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, AND SOUTH SUBURBAN PARK AND RECREATION DISTRICT APPROVING AN EASEMENT ACROSS CITY PROPERTY FOR A SEGMENT OF THE BIKE PATHWAY. WHEREAS, the City of Englewood is the owner of the property known as the "Orphan Property"; and WHEREAS, at no cost to the City the South Suburban Park and Recreation District wishes to maintain this existing ten-foot wide bike path across this property as a part of the South Suburban Bike Path System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby approves the Intergovernmental Agreement for an easement on the "Orphan Property" as described in Attachment I, attached hereto, for a segment of the bike path. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 18 th day of April, 2011. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd day of April, 2011. Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of April, 2011 for thirty (30) days. Read by title and passed on final reading on the 2nd day of May, 2011. Published by title in the City's official newspaper as Ordinance No.~ Series of 2011, on the 6th day of May, 2011. 9 b vii Published by title on the City's official website beginning on the 4th day of May, 2011 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is,,~ tyue copy of the Ordinance passed on final reading and published by title as Ordinance No,<_T, Series of 2011. ~ \ . ATTACIWENTI AGREEMENT REGARDING GRANT OF RECREATIONAL TRAIL EASEMENT 1. PARTIES. The parties to this Agreement Regarding Grant of Recreational Trail Easement ("Agreement") are: THE CITY OF ENGLEWOOD, COLORADO, Grantor; and the SOUTH SUBURBAN PARK AND RECREATION DISTRICT, Grantee. 2. RECITALS AND PURPOSES. Grantor owns certain property located in Arapahoe County adjacent to the Platte River, the legal description of said property is attached as Exhibit A. Grantee desires an easement across a portion of the Grantor's property for the purposes constructing, maintaining, and operating a pathway and trail for recreational purposes . Grantors agree to grant an easement to Grantee for such limited purposes subject to certain terms and conditions . Accordingly, in consideration of the mutual promises set forth herein, the parties covenant and agree to the following terms and conditions of such grant. 3. GRANT OF EASEMENT: LIMITATION OF USE OF EASEMENT. Grantors hereby convey, and grant to Grantee, its successors and assigns, a non-exclusive easement, as described in Paragraph 5 herein, and upon such additional terms and conditions as are stated. Such easement shall be limited to use by Grantee for the construction, maintenance and operation of a non-vehicular pedestrian and non-motorized bike trail (herein, "Trail") within the easement for use by the general public, as part and an extension, of Grantee's existing trail system in the Big Dry Creek and Platte River area. Such grant is subject to all prior recorded utility easements and rights-of-way. 4 . DESCRIPTION AND LOCATION OF EASEMENT. The easement granted herein shall be an area of approximately 1,175 sq. ft., being approximately 98 ft. long, and 12 ft. wide, as described on the attached Exhibit A 5. RIGHTS OF GRANTOR. Grantor reserves the full right to the undisturbed ownership, use and occupancy of the Easement Property insofar as said ownership, use and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. In the event Grantee's improvements under the Easement Require repair, replacement or maintenance of any type of kind, Grantee may do so with reasonable notice. Cost of repair and restoration of surface improvements shall be done at the cost of the Grantee. 6 . ABANDONMENT. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, 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 materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all improvements and Appurtenances from the Easement property. 7 . WARRANTY OF TITLE. Grantor wanants and represents that Grantor is the fee sin1ple owner of the Easement Property and that Grantor had full right, title and authority, and that this Grant is effective to grant and convey to Grantee the within described easement. 8. INDEMNIFICATION. To the full extent pennitted by law, Grantee shall indemnify and hold harmless Grantors (individually and collectively) from any and all claims, demand, or judgments asserted by, or awarded to, any third party or parties for any injury, death, or property damage which arises from the use of the Trail. Nothing herein shall be construed as a waiver by Granters, or any of them, of any of the defenses or immunities provided by common law or by statute, specifically including the Colorado Governmental Immunity Act, Sec. 24-10-101 et. seq. C.R.S., as it may be amended from time to time. 9 . BINDING EFFECT. This Agreement shall inure to the benefit of, and be finding upon, the parties and their respective legal representatives, successors and assigns; provided, however, that nothing in the paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. 10. COUNTERPARTS. This Agreement may be executed in counterparts and, as so executed, shall constitute one Agreement, one Agreement, binding on the parties even though the parties have not signed the same counterpart. Any counterpart of this Agreement which has attached to it separate signature pages, which altogether contain the signatures of all the parties, shall be deemed a fully executed instrument for all purposes. 11. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 12 . PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit or describe the scope or intent of this Agreement. CITY OF ENGLEWOOD, COLORADO a municipal corporation James K. Woodward, Mayor SIGNED this ___ day of ________ ., 2011. ATTEST: Loucrishia A. Ellis, City Clerk SOUTH SUBURBAN PARK AljD RECREATION DISTRICT j{yfe;(Jvc-0 J,dk _ Katherine C. Geitner, Chair SIGNED this 13th day of __ A_p_r_i_l ____ _, 2011. ~&nc:mv Pamela ?f. Eller , Secretary -2- Legal Description for Pedestrian/Bicycle Trail easement A twelve foot wide easement, the centerline of which coincides with the centerline of an existing pedestrian/bicycle trail, located in the West one -half of Section 9, Township 5 South, Range 6~ West of the 6th P.M., County of Arapahoe,_State of Colorado, being more particularly described as follows: BEGINNING at a point where the centerline of the aforesaid existing pedestrian/bicycle trail crosses the ·northerly line of the proposed channel of Big Dry Creek, from which point the intersection of said northerly line with the weste-rly line of a parcel described in Book 234 Page 36 of Arapahoe County records bears South 76 degrees 44 minutes 33 seconds East a distance of 53 feet; thence along said trail centerline North 46 degrees West a distance of 37 feet to a point of curvature; thence continuing along said trail centerline on a curve to the left, an arc distance of 6i feet to a point on the easterly line of the proposed channel of the South Platte River, and the POINT OF TERMINUS, said curve having a delta angle of 28 degrees and a radius of 125 feet. Total area of easement is 1,175 square feet, or 0.0269 acres, more or less . Page 1 of 2 E X H I B I T A NOTE: The property lines shown on this map are an approximate representation based on data provided by the Arapahoe County Assessor. Precise loc ation of property boundary lin es requires a field suivey, PR I NTED: 2011·03·16 11 :51:46 Page 2 of 2 COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 18, 2011 9 a vi Ordinances approving the IGA and purchase of Fire Training Academy/ Orphan Property -Bike Path Easement Initiated By: Staff Source: Parks and Recreation D epartment Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION During a City Council Study Session on December 1, 2008, Parks and Recreation Director Jerrell Black and Fire Chief Mike Pattarozzi gave an update on the Fire Training Academy/Orphan Property. City Council directed staff to move forward with the grant request for acquisition of the property for use as open space and trailhead for the South Platte River corridor. RECOMMENDED ACTION Five separate ordinances are required as part of the approval process for the purchase of the orphan property, covering the following items necessary to complete the transaction : 1) accepting the 2009 Intergovernmental Agreement for a grant from Arapahoe County for the Fire Training Academy/Orphan Property Acquisition and Improvements. 2) approving a quit claim for transfer of¼ interest in the Orphan Property from the City of Englewood to the City of Englewood and authorizing the purchase of the Fire Training Academy/Orphan Property from South Metro Fire Rescue Authority, Littleton Fire Rescue, City of Littleton, West Metro Fire Protection District, and the City of Englewood. 3) dedicating a Transportation Easement over the Fire Training Academy/Orphan Property. 4) dedicating a Bike Path Easement over the Fire Training Academy/Orphan Property. 5) dedicating a Conservation Easement across the Fire Training Academy/Orphan Property in favor of Arapahoe County. Staff seeks Council's approval for this bill for an ordinance approving the dedication of a Bike Path Easement over the property. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has partnered with many organizations and public agencies in an effort to preserve lands, enhance wi ldlife habitat, and improve recreational opportunities along the South Platte River corridor. The City is receiving Arapahoe County grant support for the acquisition and improvements to a 0.719-acre parcel of land known as the Fire Training Academy/Orphan Property. The parcel is located along the Big Dry Creek Tr ail at the confluence of the South Platte River. The Orphan Pr operty. has long been identified as an important acquisition by the City and the South Platte Working Group. Proposed improvements to the property include trailhead amenities such as small parking lot, pavilion with picnic tables, trailhead signage, and trail connections to the Big Dry Creek Trail. The grant was supported by the Englewood Parks and Recreation Commission at a meeting on January 8, 2009 and is also consistent with the plans from the City's 2003 South Platte River Open Space Plan of increasing the recreational value of the corridor, preserving natural areas, protecting water quality, and encouraging land uses that are compatible with recreational goals. FINANCIAL IMPACT Arapahoe County agrees to provide the City of Englewood with grant funds in the amount of $74,200. The Englewood Parks and Recreation Department will use Arapahoe County Open Space shareback funds in the amount of $24,800 as a grant match. These funds are included in the 2011 Open Space Fund Budget. Total costs for the project are $99,000 for the acquisition and improvements to the property. LIST OF ATTACHMENTS Bill for an Ordinance