HomeMy WebLinkAbout2011 Ordinance No. 025, ' .
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ORDINANCE No.~S,
SERIES OF 2011
CONTRACT N0. </1.-~0 /)
BY AUTHORITY
COUNC1L B1LL NO. 27
INTRODUCED BY COUNC1L
MEMBER WILSON
AN ORDINANCE AUTHORIZING THE GRANTING OF A CONSERVATION EASEMENT
ACROSS THE ORPHAN PROPERTY FROM THE CITY OF ENGLEWOOD, COLORADO TO
ARAPAHOE COUNTY, COLORADO.
WHEREAS, the City of Englewood is the owner of property which is located in the 4600
block of South Wyandot, also known as the north portion of 2309 West Chenango; and
WHEREAS, the property was purchased with an Open Space Grant from Arapahoe County;
and
WHEREAS, this parcel will provide public access for passive outdoor recreation and
education, and trail to the Mary Carter Greenway and Big Dry Creek Trail for the use and
enjoyment of the public; and
WHEREAS , the property is located adjacent to a major pedestrian/bicycle bridge which spans
the South Platte River, thus providing enhanced access to a large network of Arapahoe County
trails and the Denver metro area regional trail systems; and
WHEREAS, the passage of this Ordinance authorizes the City of Englewood to grant a Deed
of Conservation Easement to Arapahoe County, Colorado;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC1L OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes a
Conservation Easement across the orphan property to Arapahoe County, Colorado, hereto as
Attachment 1, for and on behalf of the City of Englewood, Colorado.
Section 2. The Mayor is hereby authorized to sign said Agreement for and on behalf of the
City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 18th 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 .
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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 .
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Published by title in the City's official newspaper as Ordinance NQ?iS , Series of 2011, on
the 6th day of May, 2011.
Published by title on the City's official website begimung on the 4th day of
May, 2011 for thi1iy (30) days.
James K. Woodward, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a Jme copy of the Ordinance passed on final reading and published by
title as Ordinance N~~' Series of 2011.
Loucrishia A . Ellis
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DEED OF CONSERVATIONEASEl\1ENT
NOTICE: THIS PROPERTY HAS BEEN ACQUIRED WITH GRANT FUNDS FROM THE
ARAPAHOE COUNTY OPEN SPACE FUND. THIS DEED OF CONSERVATION EASEMENT
CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE PROPERTY
VVHICH ARE INTENDED TO PROTECT ITS OPEN SPACE AND OTHER CONSERVATION
VALUES, AND WHICH PROVIDE BENEFITS THAT ARE IN THE PUBLIC INTEREST.
THIS DEED OF CONSERVATION EASEMENT is made this __ day of ____ 2010,
by the CITY OF ENGLEWOOD, a Colorado municipal corporation, with an address of
1000 Englewood Parkway, Englewood, CO 80110 ("Grantor"), in favor of ARAPAHOE
COUNTY, a political subdivision of the State of Colorado, having its principal address at 5334
S. Prince St., Littleton, CO 80166 ("Grantee").
RECITALS:
A. Grantor is the sole owner in fee simple of .75 acres, more or less of certain real
prope1ty in Arapahoe County, Colorado, more pa1ticularly described in Exhibit A and Exhibit B
attached hereto, both of which are incorporated herein by this reference (the "Property").
B. The Property possesses ce1tain natural, aesthetic, open space, educational, and
recreational values (collectively, "Conservation Values") of great impmiance to Grantor, the
people of the South Denver Metro Region, Arapahoe County, and the people of the State of
Colorado. In paiiicular the Property will provide public access for outdoor recreation and trail
connections to the South Platte River valley for the use and enjoyment of the general public.
Specifically, the Conservation Values of the Prope1ty are as follows:
Outdoor recreation and education of tbe general public. The Property will provide public
access for passive outdoor recreation and education, and trail connections to the Mary Carter
Greenway and Big Dry Creek Trail for the use and enjoyment of the general public. The
Property is located immediately adjacent to a major pedestrian/ bicycle bridge which spans the
South Platte River, thus providing enhanced access to a large network of Arapahoe County
trails and the Denver metro area regional trail systems.
Relatively Natural Habitat. The Prope1iy is located within the South Platte River valley,
which is a major river basin for coiorado. The South Platte River serves as a primary wildlife
conidor in the Denver metropolitan area. The prope1iy is primarily grassland, woodland, and
shoreline habitat associated with the South Platte River and its tributaries. The Property also
serves as wildlife habitat for several species including but not limited to coyote, fox, skunk,
raccoon, beaver, raptors, migratory songbirds, small rodents, and deer.
Open Space. The Propetiy qualifies as Open Space because it is being preserved for the
scenic e1~oyment of the general public and pursuant to a clearly delineated federal, state or
local governmental conservation policy and will yie ld a significant public benefit.
Scenic enjoyment. The Property adds to the scenic character of the local lands cape
including the South Platte River basin and, contains a ham1011..ious v ariety of shapes and
textures, and pro v ides a degree of openness, contrast and variety to the overall landscape .
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A large portion of the Property is visible to the general public from the South Platte River
trail (Mary Carter Greenway) and the Big Dry Creek Trail, which are open to and
actively utilized by residents of Arapahoe County and the State of Colorado . The
Property also provides the opport11nity for the general public to view the Front Range of
the Rocky Mountains, a11d serves as an overlook to the valley, providing significant
opportunities year-round to view migratory waterfowl, raptors and songbirds below the
property, from a comfortable distance, in the large pond, native tree groves and
sunounding habitat along the riverbank.
Trail Connectivity: This Property was acquired as part of the South Platte Greenway
Legacy Project which seeks to increase trail connectivity in the region, provide additional
trailhead access points along the east side of the South Platte Rive, to enhance the
recreational experience along the Greenway, and conserve open space in the South Metro
Region.
Buffering and expansion of existing publicly-owned open space. The Prope1iy is
immediately sw:rounded to the south and west by previously dedicated public open spa ce.
Protection of the Property enhances the conservation values of the greater area by
expanding, buffering and establishing a contiguous landscape of managed open space.
Clearly delineated government policy. The use of the Property for public trail access
and open space purposes, serves to further the goals and objectives of the Grantor's
Comprehensive Plan and Parks and F.~creation Master Plan, and the Arapahoe County
Open Space Master Plan.
Significant public benefit. There is a foreseeable trend of commercial and/or residential
development in the immediate vicinity of the Prope1iy. If the Property were to be sold
and developed instead of being protected by an easement, there is a strong likelihood that
it would contribute to a degradation of the scenic and natural character of the area.
Preservation of the Property will continue to provide an opportunity for the general
public to appreciate its scenic values.
C. The voters of Arapahoe County, Colorado, by approval of a referred measure on
November 4, 2003, authorized the imposition of a sales and use tax for the pmposes set fmih in
Arapahoe County Resolution Number 030381 , including, but not limited to, the acquisition of
open space or interests in open space, the development of trails, environmental education and
passive outdoor recreation.
D. Gran.tor intends that the Conservation Values of the Prope1iy be preserved and
protected in perpetuity, and that any uses be prohibited that would substantially diminish or
impair the Conservation Values or that otherwise would be inconsistent with the purposes of this
Easement or with Arapahoe County Resolution Number 03 03 81.
E. Gran tor fmiher intends , as owner of the Property, to convey to Grantee the right
to preser ve and prntect the Conservation Values of the Property in perpetuity.
F. Grantee is a public governmental entity, which is ta x-exempt and is a qualified
conservation organization under § l 70(h) the Internal Revenue Code of 198 6, as amended, and
the Treasury Regulations adopted pursuant thereto , w.hose primary purpose is the conservation of
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land for public benefit, to improve the quality of life in communities and protect natural and
historic resources for future generations.
G. Grantee is a governmental entity qualified to hold this easement under C.R.S. §
38-30.5-101 et seq., which provides for conservation easements to retain or maintain land, water,
airspace, or water rights, predominantly in a natural, scenic, or open condition, or for wildlife
habitat, or for agricultural, ho1iicultural, wetlands, recreational, forest , or other use or condition
consistent with the protection of open land, environmental quality or life-sustaining ecological
diversity.
H. Grantee agrees by accepting this Easement to honor the intentions of Grantor
stated herein and to fmiher the governmental policies stated herein by preserving and protecting
the Conservation Values of the Property in perpetuity for the benefit of this and future
generations;
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado,
and in particular C .R.S . § 38-30.5-101 et seq., Grantor hereby voluntarily grants and conveys to
Grantee a conservation easement in gross, in perpetuity, over the Property of the nature and
character and to the extent hereinafter set fmih ("Easement").
1. Purpose. The purpose of this Easement is to preserve and protect the Conservation
Values of the Property, and to ensure that the property is used in a manner consistent with
Arapahoe County Resolution Number 03 03 81, in perpetuity. To achieve this Purpose, Gran tor
intends to convey this Deed of Conservation Easement to Grantee to ensure that the
Conservation Values of the Property will be preserved and protected forever. Subject to the
purpose of this Easement, Grantor and Grantee :intend to permit only uses of the Property that do
not substantially diminish or impair the Property's Conservation Values and to prevent any use
of the Property that will substantially impair or interfere with protecting the Property's
Conservation Values. It is the :intent of the Grantor to maintain the Property as primarily open
space. Specifically, it is Grantor's intent to preserve and, where appropriate, to restore and
enhance certain habitat values and natural attributes, scenic qualities, and outdoor recreational
opportunities on available to. the general public.
2. Current Conditions Report: A written report has been prepared, reviewed, and
approved by both pa1ties, which documents the existing condition of the Property (the "Existing
Conditions Report"). A copy of the Existing Conditions Report shall be kept on file with both
parties and by this reference made a paii hereof. The parties further agree that, in the event a
controversy arises with respect to the condition of the Property as of the date of this grant, or
compliance with or violation of any term or provision of this Easement, the parties shall not be
precluded from using evidence in addition to the Existing Conditions Report to assist in
resolving the controversy.
3. Rights of Grantee. To accomplish the purpose of this Easement the following
rights are conveyed to Grantee by this Easement:
a. To preserve and protect the Conservation Va1ues of the Property ;
b. To enter upon the Prope1iy at reasonable times in order to monitor
Grantor 's compliance with and otherwise enforce th e terms of trLis Easement; provided that such
ent ry shall be upon prior reasonable notice to Grnntor;
c. To prevent any activity on or use of the Property that is inconsistent with
the language or purpose of this Easement; and to require the restoration of such areas or features
of the Property that may be damaged by any inconsistent use.
4. Reserved Rights. Grantor reserves to itself, and to its agents, contractors,
successors, and assigns, all rights to engage in the following uses of the Property and all
activities reasonably incidental thereto provided that all uses of the Property shall be consistent
with the pmvose of this Easement and shall not substantially diminish or impair the Conservation
Values of the Property .. Any structures or improvements in this paragraph 4 are subject to the
approval of the Grantee.
a. The use and enjoyment of the Property by the general public for open
space, environmental education and non-commercial, non-motorized passive outdoor
recreational activities. For purposes of this Easement, the te1m "passive outdoor recreational
activities" shall mean and include walking, ruruung, biking, rollerblacling, horseback riding,
picnicking, relaxing, photography, wildlife and scenery viewing, and-other similar activities, but
shall specifically not include sports fields/courts or recreation centers.
b. To build and use minor structures including picnic tables at1d shelters, as
are reasonably appropriate to facilitate passive outdoor recreational activities and use of adjacent
trails as approved by the Grantor and Grantee.
c. To construct, repair, maintain, and use trails, trai]heads, and associated
benches and signage.
d. To erect fencing for resource and recreation management pmposes.
e. To remove and manage noxious and nuisance weeds.
f. To install security lighting as necessary for the safety and welfare of
recreational users, as long as such lighting shall not adversely impact wildlife or create adverse
impacts upon night sky viewing on the property or adjacent prope1iies.
g. To construct and use parking lots as reasonably necessary to facilitate
access to the Property for the uses allowed by this Paragraph 4.
h. To manage wildlife, in cooperation with the Colorado Division of
Wildlife, such as diseased, nuisance or overpopulated wildlife, and as provided in C.R.S. § 33--6-
107(9). Grantor may allow trapping as deemed necessary for permitted wildlife management
goals, and/or to study threatened or endangered species or species proposed for listing. Provided
however that wildlife inanagement on the Property shall not impair or significantly interfere with
the public recreation use of the Prope1ty.
t. To stabilize embankments and to otherwise manage soil erosion on the
Prope1ty.
5. Prohibited and Restricted Uses. Any use of the Property not allowed under
Paragraph 4 of this Easement ("Reserved Rights'') is prohibited. Without limiting the generality
of the foregoing, the following activities and uses are expressly prohibited:
a. Development Rights. Grantor hereby grants to Grantee all development
rights except as otherwise expressly reserved herein, and the parties agree that such rights are
hereby released, terminated ancl extinguished, and may not be used on or transferred off of the
Property to any other prope1ty adjacent or otherwise or used for the purpose of calculating
permissible lot yield of the Property or any other property .
b. Construction of Buildings and Other Improvements. The constmction of
any building, structure or other improvement is prohibited, except as may be allowed under
Paragraph 4 above. No residential or commercial buildings, structures, or improvements shall be
permitted. Pennitted structures and improvements may only be built with Grantee's prior written
approval, which approval shall be granted within a reasonable time, unless Grantee determines
that the proposed building, structure, or improvement will substantially diminish or impair the
Conservation Values of the Property.
c. New Structures. Constmction of new stmctures is prohibited except for
construction of those structures consistent with Paragraph 4(b) above.
d. Storage. Storage of materials is prohibited except for storage of certain
materials reasonably necessary to facilitate the use of the Prope1iy for the uses allowed by
Paragraph 4.
e. Subdivision. Any division or subdivision of title to the Property, whether
by physical or legal process, is prohibited.
f. Timber Harvesting. Trees may be cut to control insects and disease, to
control invasive non-native species, and to prevent personal injury and property damage.
Commercial timber harvesting on the Property is prohibited. The cutting of any trees shall be
conducted in a manner that does not impair the Property's Conservation Values or other
significant conservation interests.
g. Mining. The mining or e}.'iraction of soil, sand, gravel, rock, oil, natural
gas, fuel, or any other mineral substance is prohibited.
h. Paving and Trail Construction. No portion of the Property shall be paved
or otherwise covered with concrete, asphalt, or any other paving material except for the
construction of trails consistent with Paragraph 4 above and the constmction of a parking lot for
uses consistent with the passive outdoor recreational and open-space uses of this Prope1iy and
access to adjacent trails. The parking lot shall not exceed the parameters outlined in paragraph 4.
Any paving permitted under this paragraph shall be constructed consistent with the Management
Plan for the Prope1ty. No paving shall occur without the prior written approval of Grantee.
Grantee shall give such permission within a reasonable time, unless Grantee detennines that the
proposed paving or covering of the soil , or the location of any road or trail, will substantially
diminish or impair the Conservation Values of the Property or is otherwise inconsistent with this
Easement.
i. Trash. The dumping or uncontained accumulation of any kind of trash or
refuse on the Propetiy, including but not limited to household trash and hazardous chemicals is
prohibited. Trash containers used on the Prope1iy shall be wildlife resistant to prevent potential
human-wildlife conflicts.
j . Motorized Vehicles. Motorized vehicles may only be used in a manner
that does not substantially diminish or impair the Conservation Values of the Property. If
motorized vehicles are used for maintenance in a manner that dimini shes Conservation Va1ues,
the property will be restored at Grantor's sole expense. Off road vehicle courses for
snowmobiles , all-tenain vehicles, motorcy cles, or other motorized vehicles are prohibited.
Nothing in this paragraph is intended to prohibit the use of motorized vehicles for any other use
that is permitted under this Easement.
k. Cmmnercial or Industrial Activity. No cmmnercial or 111.dustrial uses shall
be allowed on the Property.
I. Signage or Billboards, No commercial signs, billboards, awnings, or
advertisements shall be displayed or placed on the Property. Grantor shall erect and maintain one
or more signs visible to the public, identifying Arapahoe County's Open Space Grant for this
Property to the public. Grantor may erect signs displaying enviromnental education related
language and graphics, and other relevant interpretive signage. Grantor will consult with
Grantee on the final signage parameters before installation.
m. Sports Fields/Courts. The Property shall not be used for sports fields or
courts.
6. Five-Year Management Plan. The Property shall be operated and managed in
accordance with a land management plan that is designed to protect the Conservation Values of
the Property ("Management Plan"). The Management Plan shall be prepared by the Grantor and
delivered to the Grantee within one year of the date of this Deed and shall be updated at least
every :five years. Grantee must approve the final language of the Management Plan before it is
adopted.
Grantor will use vegetation lmown to be native to the South Platte coITidor in Colorado.
7. Notice oflntention to Unde1ialce Certain Permitted Actions. The purpose of
requiring Grantor to notify Grantee prior to undertaking certain permitted activities is to afford
Grantee an opportunity to ensure that the activities in question are designed and Cal.Tied out in a
mam1er consistent with the purpose of this Easement. Whenever notice is required, Grantor shall
notify Grantee in writing not less than 60 days prior to the date Grantor intends to undertake the
activity in question. The notice shall describe the nature, scope, design, location, timetable, and
any other material aspect of the proposed activity in sufficient detail to permit Grantee to make
an info1med judgment as to its consistency with the purpose of this Easement.
8. Grantee's Approval. Where Grantee's approval is required, Grantee shall grant or
withhold its approval in writing within 60 days of receipt of Gran.tors' written request therefor,
Grantee's approval may be withheld only upon a reasonable detennination by Grantee that the
action as proposed would be inconsistent with the language or pmpose of this Easement.
9. Enforcement. If Grantee finds what it believes is a violation of this Easement,
Grantee shall inunediately notify Grantor in writing of the nature of the alleged violation. Upon
receipt of this written notice, Grantor shall either: (a) restore the Property to .its condition prior to
the violation or to take such other action as may be reasonable or necessary to eliminate the
violation; or (b) provide a written explanation to Grantee of the reason why the alleged violation
should be permitted . If the condition described in clause (b) above occurs, both parties agree to
meet as soon as possible to resolve this difference. If a .resolution of this difference cannot be
achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to
attempt to resolve the dispute. Except that, if in Grantee's opinion, an ongoing or imminent
violation could i.J.Teversibly diminish or impair the Conservation Values of the Property, Grantee
ma y, at its discretion, take appropriate legal action without reso1iing first to mediation . Grantor
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shall discontinue any activity that could increase or expand the alleged violation during the
mediation process. Should mediation fail to resolve the dispute, Grantee may, at its discretion,
take appropriate legal action. If a court with jurisdiction determines that a violation is imminent,
exists, or has occun-ed, Grantee may get an injunction to stop it, temporarily or pe1manently. A
corn1 may also issue an injunction to require Grantor to restore the Prope1iy to its condition prior
to the violation.
10.. Costs of Enforcement. Any costs incmTed by Grantee in enforcing the terms of
this Easement against Grantor, including, without limitation, costs of suit and attorney fees , and
any costs of restoration necessitated by Grantor1s violation of the terms of this Easement, shall be
borne by Grantor.
11 . Grantee1s Discretion. Enforcement of the te1ms of this Easement shall be at the
discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement
in the event of any breach of any term of this Easement by Grantor shall not be deemed or
constrned to be a waiver by Grantee of such te1m or of any subsequent breach of the same or any
other term of this Easement or of any of Grantee1s rights under this Easement. No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver. Grantor hereby waives any defense of
!aches, estoppel, or prescription, including any defenses available under C.R.S. § 38-41-119, et
seq.
12. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injm-y to or change in the
Property resulting from causes beyond Grantor's control, including, without limitation, fire ,
flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Prope11y resulting from such
causes.
13. Access. Grantor shall pennit the general public to access the Prope11y on such
tem1s and conditions as Grantor deems appropriate.
14. Restoration and Maintenance. Grantor shall maintain the Property in good
condition and in a manner consistent with the Conservation Values.
15. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, restoration, operation, upkeep, and
maintenance of the Property, including weed control and eradication and including the
maintenance of adequate comprehensive general liability insurance coverage. Grantor shall keep
the Prope11y free of any liens arising out of any work perfo1med for, materials furnished to, or
obligations incurred by Grantor.
16. Hold Hannless. To the extent allowed by law , ,Grantor shall hold harmless,
indemnify, and defend Grantee and its respective members, directors, officers, employees ,
agents, and contractors, successors, and assigns of each of them ( collectively "Indemnified
Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of
action, claims, demancls, or judgments, including, without limitation, reasonable attorneys' fee s,
arising from m in any way connected with: ( 1) injury to or the death of any person, or physical
damage to any })roperty , re sulting from any act , omission, condition, or other matter related to or
occurring on or about the Prope1iy, regardless of cause, unless due solely to the negligence of
any of the Indemnified Paiiies; (2) the obligations specified in Paragraph 9 herein; and (3) the
presence or release of hazardous or toxic substances on, under or about the Property. For the
purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or toxic
substance that is regulated under any federal, state or local law. Without limiting the foregoing ,
nothing in this Deed shall be constrned as giving rise to any right or ability in Grantee, nor shall
Grantee h ave any right or ability, to exercise physical or managerial control over the day -to --cl ay
operations of the Property , or otherwise to beco me an operator with respect to the Prope1iy
within the meaning of The Comprehensive Enviromnental Response, Compensation and
Liability Act of 1980 , as amended.
1 7. Real Property Interest. This Easement constitutes a real property interest
immediately vested in Grantee . Further, it is the paities' intent that this interest shall "run with
the land," and shall be enforceable against any and all subsequent owners of the Property or
successors or assigns of Grantor.
18. Conde11111ation or Other Extinguishment. If this Easement is taken, in whole or in
part, by exercise of the power of eminent domain, or if circumstances arise in the future that
render the purpose of this Easement impossible to accomplish, this Easement can only be
terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of
competent jurisdiction. Each party shall promptly notify the other party in writing when it first
learns of s uch circm11Stances. Grantee shall be entitled to compensation in accordance with
applicable Jaw, after the satisfaction of prior claims, from any sale, exchange, condemnation, or
other involuntary or voluntary conversion of all or any po1tion of the Property subsequent to
such tennination or extinguishment. Grantee's compensation shall be determined by multiplying
the fair ma1·ket value of the Prope1iy as unencumbered by the Easement (minus any increase in
value after the date of this Easement attributable to improvements) by the ratio of the value of
the Easement to the value of the Prope1iy dete1111ined as of the date of this grant. Arapahoe
County (hereinafter "the County") shall be entitled to receive 100% of Grantee's compensation ,
which Grantee shall promptly remit to the County.
19. Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only to an organization that: (a) is a qualified organization at
the ti.me of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended ( or
any successor provision then applicable), and the applicable regulations promulgated thereunder;
(b) is authorized to acquire and hold conservation easements under Colorado law , and ( c) agrees
in writing to assume the responsibility imposed on Grantee by this Easement
20. Subsequent transfers. Grantor shall incorporate the terms and conditions of this
Easement in any deed or other legal instrument by which it divest itself of any interest in all or a
portion of the Propeity. Grantor further agrees to give written notice to Grantee of the transfer of
any inter est at leas t forty-five (45) clays prior to the date of such transfer. Th e failure of Grantor
to perform any act required by this paragraph shall not impair the validity of this Easement or
limit its enforceability in any way .
21. Notic es. Any notice , clernancl, request, consent, approval, or communication that
either party i s r equir ed to give to the other in writing shall be either served persona.lly or sent by
first class mail, postage prepaid, addressed as follows:
To Grantor:
City Manager
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
To Grantee:
Open Space Manager
Arapahoe County Open Space
10730 E Briarwood Ave ., Suite 100
Centennial, CO 80112
with a copy to:
Arapahoe County Attorney
5334 S. Prince St.
Littleton, CO 80166
22. Grantor's Title Wananty. Grantor wanants that Grantor has good and sufficient
title to the Property and hereby promises to defend the same against all claims from persons
claiming by, through, or under Grantor.
23. Subsequent Liens on the Prope1iy. No provisions of this Easement shall be
construed as impairing the ability of Grantor to use this Prope1ty as collateral for subsequent
borrowing, provided that any mortgage or lien arising from such a borrowing would be
subordinated to this Easement.
24. Recording. Grantor shall record this instrument in a timely fashion in the official
records of each county in which the Property is situated, and may re-record it at any time as may
be required to preserve its rights in this Easement.
25. General Provisions.
a. Controlling Law. The interpretation and performance of this Easement
shall be governed by the laws of the State of Colorado.
b. Liberal Construction. Any general mle of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the Grantee to effect the
purpose of this Easement and the policy and purpose of C .R.S. §38-30.5-101, et seq. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with the
purpose of this Easement that would render the pro v ision va lid shall be favored over any
interpretation that would render it invalid.
c . Severability . If any provision of this Easement, or the application thereof
to any person or circumstance, is found to be invalid , the remainder of the provisions of this
Easement, or the application of such pro vision to persons or circumstances other than those as to
which it is found to be inva lid , as the case may be, shall not be affected thereby.
d. Entire Agreement. This ins1rnment sets fmih the entire agreement of the
parties with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged herein.
f Joint Obligation . If more than one owner owns the Property at any time,
the obligations imposed by this Easement shall be joint and several upon each of the owners .
g. Non-Merger. No merger shall be deemed to have occmrecl hereunder or
under any documents executed in the future affecting this Easement, unless the parties expressly
state that they i.ntend a merger of estates or interests to occur and the parties have also obtained the
prior written consent of the County approving such merger of estates or interests.
h. Successors. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto and their
respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude rnmung in perpetuity with the Property.
i. Tennination of Rights and Obligations. Provided that a transfer is
pennittecl by this Deed, a party's rights and obligations under this Easement terminate upon
transfer of the party's interest in the Easement or Property, except that liability for acts or
omissions occurring prior to transfer shall survive transfer.
j. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
k. No Third Paiiy Beneficiaries. This Easement is entered into by and
between Granter and Grantee, and is solely for the benefit of Gra.ntor, Grantee and their
respective successors and assigns for the purposes set f01ih herein, and does not create rights or
responsibilities in any third parties beyond Grantor, Grantee, or their successors and assigns .
1. Amendment. If circumstances arise under which an amendment to or
modification of this instrument would be appropriate, Grantor and Grantee may jointly amend
this instrument; provided that no amendment shall be allowed that will affect the qualifications
of this Easement under any applicable laws and any amendment must be consistent with the
conservation purposes of th.is Easement. Any amendment must be in writing, signed by both
Grantor and Grantee, and recorded in the records of the Clerk and Recorder of Arapahoe County.
m. Change of Conditions. A change in the potential econonuc value of any use
that is prohibited by or inconsistent with this Easement, or a change in any cmTent or future uses of
neighboring properties, shall not constitute a change in conditions that makes it impossible or
in1practical for continued use of the Prope1iy for conservation purposes and shall not constitute
grounds for terminating the Easement.
n. Authority to Execute. Each party represents to the other that such pmiy
has full power nncl authority to execute, deliver, and perform this Deed, that the individual
ex ecuting this Deed on behalf of said party is folly empowered and authorized to do so, and that
this Deed constitutes a valid and legally bin cling obligation of said party enforceable agafost said
party in accordance with its terms.
TO HA VE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS '\1/HEREOF Grantor and Grantee have executed this Deed of Conservation
Easement on the day and year first written above.
CITY OF ENGLEWOOD ("G:rantor")
By:------------
Name: James K. Woodward
Title: Mayor
Date: ___________ _
ARAPAHOE COUNTY ("Grantee")
By: ------------
Name: -----------
Title: ------------
Date: ------------
ACKNOWLEDGMENTS
STATE OF COLORADO
COUNTY OF ARAPAHOE
This instrnment was executed before me a Notary Public on this __ day of ----
201_1,,by James K. Woodward , as_~M~a~y~o=r ________ _
of the City of Englewood, a Colorado municipal corporation.
My commission expires:
(SEAL)
STATE OF COLORADO
COUNTY OF ARAPAHOE
NOTARY PUBLIC
This instrument was executed before me a Notary Public on this __ day of ___ ~
2011, by ______________ , as ____________ _
of Arapahoe County, Colorado, a political subdivision of the State of Colorado.
NOTARY PUBLIC
My commission expires:
(SEAL)
CONSERVATION EASEMENT
AP ARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 9, TOWNSHIP 5
SOUTH, RANGE 68 WEST OF THE 6TH P .M., COUNTY OF ARAPAHOE, STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE NORTH 00
DEGREES 22 MINUTES 52 SECONDS EAST AND ALONG THE WESTERLY LINE OF
SAID WEST ONE-HALF OF SECTION 9, 594 .00 FEET TO THE SOUTHWESTERLY
CORNER OF THE PARCEL OF LAND DESCRIBED IN BOOK 1698 AT PAGE 274, WHICH
POINT IS ALSO ON THE NORTHERLY LINE OF A 20 FOOT DEDICATED ROAD WAY
AS DESCRIBED IN BOOK 234 AT PAGE 36; THENCE SOUTH 89 DEGREES 52 MINUTES
53 SECONDS EAST AND PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION
9, 565 .90 FEET, SAID LINE BEING CONTIGUOUS WITH THE SOUTHERLY LINE OF
SAID BOOK 1698 AT PAGE 274, AND THE NORTHERLY LINE OF SAID BOOK 234 AT
PAGE 36 ; THENCE NORTH 00 DEGREES 22 MINUTES 52 SECONDS EAST AND
PARALLEL WITH THE WESTERLY LINE OF SAID WES T ONE-HALF OF SECTION 9,
AND ALSO SAID LINE BEING CONTIGUOUS WITH THE WESTERLY LINE OF SAID
BOOK 234 AT PAGE 36 , 1206.60 FEET; THENCE NORTH 27 DEGREES 2 4 MINUTES 04
SECONDS EAST AND ALONG THE WESTERLY Lil\TE OF SAID BOOK 2 34 ATP AGE 36 ,
238 .20 FEET; THENCE N ORTH 00 DEGREES 54 MINUTES 41 SECONDS EA ST AND
ALONG THE WESTERLY LINE OF SAID BOOK 23 4, PAGE 36, 312.0 7 FEET TO T HE
TRUE POINT OF BEGINNING; THENCE CONTil'WING NORTH 00 DEGREE S 5 4
MINUTES 41 SECONDS EAST AND ALONG THE WESTERLY LINE OF SAID BOOK 2 34
PAGE 36, 293.36 FEET TO A POINT THAT LIES 269.29 FEET MORE OR LESS SOUTH OF
THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST UNION AVENUE; THENCE NORTH
89 DEGREES 42 MINUTES 08 SECONDS WEST AND PARALLEL WITH THE
NORTHERLY LINE OF THE SW 1/4 OF SAID SECTION 9, 83.49 FEET TO A POINT ON
THE EASTERLY LINE OF THE PROPOSED CHANNEL OF THE SOUTH PLATTE RIVER;
THENCE ALONG A CURVE TO THE RIGHT AND THE EASTERLY LINE OF SAID
PROPOSED CHM1NEL AN ARC DISTANCE OF 27 .87 FEET, SAID CURVE HAVING A
DELTA ANGLE OF 03 DEGREES 36 MII\TUTES 21 SECONDS AND A RADIUS OF 442 .84
FEET; THENCE SOUTH 13 DEGREES 15 MINUTES 27 SECONDS WEST AND ALONG
THE EASTERLY LINE OF SAID PROPOSED CHANNEL 240 .00 FEET TO A POINT ON
THE NORTHERLY LINE OF THE PROPOSED CHANN'EL OF BIG DRY CREEK; THENCE
SOUTH 76 DEGREES 44 MINUTES 33 SECONDS EAST AND ALONG SAID NORTHERLY
LINE OF SAID PROPOSED CHANNEL 143.21 FEET TO THE TRUE POJNT OF
BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO .
CONTAINING 30 ,697 SQUARE FEET OR 0 .7047 ACRES, MORE OR LESS .
SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD AND RESERVIl\J'G
A UTILITY EASEMENT ALO N G THE EAST 14 FEET OF THE ABOVE DES CRIBED
PARCEL; AND RESERVING A TRANSPORTATION EASEMENT ALONG THE EAST 25 '
THEREOF; AND RESERVIN G A 12 FOOT WIDE PEDESTRIAN/BICYCLE E ASEMENT
DESCRIBED A S FOLLOWS :
Page 1 of 3
E
X
H
I
B
I
T
A
A TWELVE FOOT \VIDB EASEMENT, THE CENTERLlNE OF WHICH COThfCIDES VVITH
THE CENTERLINE OF AN EXISTING PEDESTRIAN/BICYCLE TRAIL, LOCATED IN THE
WEST ONE-HALF OF SECTION 9 , TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH
P.M ., COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN1~ING 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 WESTERLY LINE OF AP ARCEL 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 D ISTANCE OF 37 FEET TO A POINT OF
CURVATURE; THENCE CONTINUING ALONG SAID TRAIL CENTERLINE ON A
CURVE TO THE LEFT, AN ARC DISTANCE OF 61 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
Pag e 2 of 3
Page 3 of 3
(
Exhibit B
Map No. 1 of 2: Vicinity Map in Englewood, Colorado
Ciry al fn~/~uoOi( Co/Qrar/o
2009 Ard/)i1l10t> County
Open Spm, Ms, dlld Trails
Gmil Applfo1tio11
Sorrlli Platte Rit" Traiis anti
Opel, $pd~ System:
Fire Yrolinin.~ Academy
Oq1/r.m Properly
Acquisition ~nd 1mprovem¢nts
:oo 1,400 p~o
fffl
Exhibit B
Map No. 2 of 2: Property Site
Ci~•o/ £ng/~1roud, Ctilm.ulo
26D9 Mauaho~ Ca unfr
One11 Spm. PJrl.'51 ,ind Tr,1ils
CrJn l Applicalion
Soutl, Pfalfe lliverTrdi/1 am/ . .
Open Sparo S~/M1:
Fire TrJinrng AcadNlly
Orphan Property
Acqulsillo11 and lmprm<emen/s
J.1nu.vy 10-:i:J
Q
ill 100 150
Tffl
...
. '
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 18, 2011 9 a vii Ordinances approving the IGA and
purchase of Fire Training Academy/
Orphan Property -Conservation
Easement
Initiated By: Staff Source:
Parks and Recreation Department 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
Conservation Easement across 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 wildlife habitat, and improve recreational opportunities along the South
Platte River corridor. The City is receiving Arapahoe County grant support for the acqu isition 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 Trail at the confluence of the South Platte River.
The Orphan Property 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 sma ll 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