HomeMy WebLinkAbout1997-02-11 WSB AGENDA'
1.
AGENDA
ENGLEWOOD WATER AND SEWER BOARD
FEBRUARY 11, 1997
5:00 P.M.
CONFERENCE ROOM A
MINUTES OF THE JANUARY 14, 1996 MEETING. {ATT. 1)
F'AR AG ~fl P ;-I fJ OIJ £JO TO rTE.l'Yl :#-7 ( H 11 µ,() ot/ T J
2. GUESTS:
A. CLARA STROGONOVA -2749 S. BROADWAY (ATT. 2)
PROTESTING MINIMUM SEWER CHARGE.
3. EASEMENT FROM COLO. WATER CONSERVATION BOARD FOR
FOR S. PLATTE RIVER. {ATT. 3)
4 . MEMO FROM JOHN BOCK RE: THOMAS WHELAN {ATT. 4)
7. OTHER.
8. &u£ST.S: /1'1 R • ..TAFIJRJ ( HAtUOoUT)
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IVlAR.CSIJRET 1-Jll'(E_S (GOl'l.J& To CourvC/G)
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WATER AND SEWER BOARD
MINUTES
JANUARY 14, 1997
The meeting was called to order at 5:05 p.m.
Chairwoman Neumann declared a quorum present.
Members present:
Members absent:
Also present:
Habenicht, Clark, Higday,
Neumann, Otis, Guy, Vobejda,
Wiggins
Burns
Stewart Fonda, Director of
Utilities
John Bock, Utilities Manager
Dennis Stowe, Bi-city Plant
Joe Payne, Bi-city Plant
1. MINUTES OF THE DECEMBER 17, 1996 MEETING.
The Englewood Water and Sewer Board Minutes from the
December 17, 1996 meeting were approved as written.
Mr. Vobejda moved;
Ms. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
Tom Burns entered at 5:10 p.m.
To approve the December 17,
1996 Englewood Water and Sewer
Minutes as written.
Habenicht, Clark, Higday,
Neumann. Ptos. Guy, Vobejda,
Wiggins
None
Burns
2. GUEST: THOMAS WHELAN -OWNER 2255-57 S. TEJON ST.
Mr. Whelan appeared before the Board to request City
assistance in fixing his sewer line at 2255-57 s. Tejon st.
Mr. Wiggins noted that he has been in contact with Mr.
Whelan and had the sewer maintenance crew TV the line in
question. What was discovered was that there was no
apparent grade separation in that sewer main section and
effluent was flowing properly.
The Water Board directed the Utilities' staff to excavate
the sewer line at the problem area next to the City's main
and investigate the connection to determine the cause of the
service line separation. If it is discovered to be the
City's fault, the crew will make the necessary repairs, and
the City will absorb the costs. If it is found to be the
owners responsibility, the City crew will make the repair
and charges will be determined. The crew will attempt to
locate the propety's clean out.
3. LETTER FROM HIGHLANDS RANCH DATED 1-2-97.
Stu reviewed the letter from Terry Nolan of Highlands Ranch
to the Denver Board of Water Commissioners outlining their
position on proceeding with the McLellan Interchange on C-
470 between Broadway and Santa Fe. Stu also noted that the
Friends of the Highline Canal were unsuccessful in obtaining
a temporary restraining order.
4. GUESTS -JOE PAYNE AND VIKKI PIERCE -WATER FOR PEOPLE.
Vikki Pierce of Water For People and Joe Payne of the Bi-
City Wastewater Treatment Plant appeared and showed a vidio
tape illustrating the public health contributions made by
the Water For People Organization. They requested that
Englewood allow Water For People to insert flyers titled,
"Safe Drinking Water .... You Can Make A Difference " into the
regular bills sent to Englewood's water and sewer customers.
The list of contributors would not be sold and Water For
People will report back on the degree of success generated
from the flyers.
Ms. Habenicht moved;
Mr. Guy seconded: To approve the pilot program
for flyers from Water For
People be inserted in
Englewood customers' regular
water and sewer billing.
Ayes:
Nays:
Members absent:
Motion carried.
Habenicht, Clark, Higday,
Neumann. Ptos. Guy, Vobejda,
Wiggins, Burns
None
None
5. GUEST: CARMINE IADOROLL -AQUA SAN.
WATER CONSERVATION MASTER PLAN
Mr. Iodorolla appeared before the Board to discuss the
proposed Water Conservation Master Plan. Compliance
requires the City to be metered by the year 2009, with
Englewood reviewing its present metering program in 2002 to
determine a plan of action to assure compliance with State
law. Carmine noted that the plan could be amended at a
future date. The plan will enable Englewood to apply for
State loans and grants.
Mr. Vobejda moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval
of the Water Conservation
Plan.
Habenicht, Clark, Higday,
Neumann. Otis. Guy, Vobejda,
Wiggins, Burns
None
None
6. DON MARTURANO -SOUTH ENGELWOOD SAN. DISTRICT.
Don Marturano appeared before the Board to discuss the South
Englewood Sewer Maintenance Agreement that expired October
1, 1996. Areas noted to be negotiated were; Item #7
regarding selling sewer taps, Item #3 regarding yearly
amount and 4(e) regarding enforcing oil and grease trap
regulations. Mr. Marturano will discuss these issues with
the Board at their February meeting. Mr. Fonda reiterated
that Englewood is still servicing the area due to a
temporary extenstion of the official agreeement, but the
City will discontinue servicing South Englewood if an
agreement is not reached.
7. GUEST: CARL HOUCK -CDM -ALLEN FILTER PLANT
IMPROVEMENTS.
Carl Houck and Mike Zaf er from CDM appeared before the Board
to discuss the proposed Allen Plant Improvements and the
increase in the estimated amount budgeted. The Board
expressed their concerns regarding the increased amount and
what rate increases might be necessary.
Mr. Otis moved;
Ms. Neumann seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend council approval
of proceeding with final
design for the Allen Filter
Plant Improvements.
Habenicht, Clark, Higday,
Neumann. Ptos. Guy, Vobejda,
Wiggins, Burns
None
None
The Board adjourned at 7:00 p.m.
The next Water and Sewer Board meeting will be February 11,
1997 at 5:00 p.m. in Conference Room A.
Respectfully submitted,
Cathy Burrage
Recording Secretary
~
TRANlOO.PRINT
\::
UTILITY ACCOUNT TRANSACTION PRINT 12:08:52 07 JAN 1997 PAGE 2
~ ACCOUNT NO 01000027490 2749 S BROADWAY
TC DATE WATER SEWER IBA STORM BKFLW OTHER SAN SURCHG TOTAL WATER DATES SEWER DATES 2 01-03-94 5.34 25.05 3 .53 33 .92 09/01/93 -12/08/93 01/01/94 -03/31/94
1 01-20-94 5 .34 25.05 0.00 3.53 0.00 0 .00 0 .00 0 .00 33 .92 -
2 04-01 -94 5 .34 25.05 3.53 33 .92 12/08/93 -03/08/94 04/01/94 -06/30/94
1 04-20-94 5 .34 25.05 0.00 3.53 0 .00 0 .00 0.00 0 .00 33.92
2 07-01-94 4 .18 25.05 3 .53 32.76 03/08/94 -06/01/94 07/01/94 -09/30/94
1 07-20-94 4 .18 25 .05 0 .00 3.53 0 .00 0.00 0.00 0.00 32.76
2 10-01 -94 9 .98 25.05 3 .53 38 .56 06/01/94 -09/09/94 10/01/94 -12/31/94
1 10-06 -94 9.98 25.05 0 .00 3.53 0 .00 0 .00 0.00 0.00 38 .56 -
2 01-01-95 5 .34 25 .05 3.53 33 .92 09/09/94 -12/07/94 01/01/95 -03/31/95
1 01-09-95 5 .34 25 .05 0.00 3.53 0 .00 0 .00 0 .00 0 .00 33 .92
2 04-01-95 4.18 25.05 3 .53 32 .76 12/07/94 -03/07/95 04/01/95 -06/30/95
1 04-19-95 4.18 25.05 0.00 3 .53 0 .00 0 .00 0 .00 0 .00 32.76
2 07-01-95 16 .94 25.05 3 .53 45 .52 03/07/95 -06/02/95 07/01/95 -09/30/95
1 07-19-95 16.94 25 .05 0.00 3 .53 0.00 0.00 0 .00 0 .00 45.52 -
2 10-01-95 9 .98 25 .05 3 .53 38 .56 06/02/95 -09/18/95 10/01/95 -12/31/95
1 10-10-95 9.98 25 .05 0.00 3 .53 0.00 0.00 0 .00 0 .00 38 .56 -
2 01-01-96 7.66 25 .05 3.53 36 .24 09/18/95 -12/04/95 01/01/96 -03/31/96
1 01 -18 -96 7.66 25 .05 ~ 0.00 3 .53 0.00 0 .00 0.00 0 .00 36.24 -
6 03-15-96 11.60 11.60 12/04/95 -03/15/96
1 03-22-96 11.60 0.00 0 .00 0 .00 0.00 0.00 0.00 0.00 11 .60
2 04-01-96 4.18 25.05 3 .53 32.76 03/15/96 -03/25/96 04/01/96 -06/30/96
1 05-22-96 4.18 25 .05 -0 .00 3 .53 0 .00 0.00 0 .00 0 .00 32.76
2 07-01 -96 12 .30 25.05 3.53 40.88 03/25/96 -06107196 07/01/96 -09/30/96 1 07-25 -96 12 .22 25.05-0 .00 3.53 0 .00 0.00 0.00 0.00 40.80 2 10-01-96 ' 5 .67 25.05 3.53 34 .25 06107196 -09/17/96 10/01/96 -12/31/96 1 10-15-96 5.75 25.05-0.00 3 .53 0.00 0.00 0 .00 0 .00 34 .33 2 01-01 -97 4 .29 25.05 3 .53 32 .87 09/17/96 -12/13/96 01/01/97 -03/31/97
· FROM : F=IQO NF=IT. RES. SECT I ON TO. 7622300
'
tfALE A. NORTON f11°mey General
:M:An.TllA PmU.IPS Au.BRIGHr
Chief Deputy A'rJ.OrrJJ;y General
STATE OF COLORADO
DEPARTMENT OF LAW
I . OmCE OF 'IBE AlTOKNEY GENERAL
Ricwm A. WEsTFALL
Solicitor General
DATE: February 3, 1997
TRANSMIT TO FAX NO'MBER: 789-1125
IMMEDIATE DELIVERY TO: John Bock
FROM: Linda J. Bassi
Assistant Attorney General
Natural Resources Section
NUMBER OF PAGES (INCLUDnlG COVER) : 5
1997 .02-03 15:09 ~993 P.01/06
ATT" 3
STATE SERvlCES Bun.DING
1525 Sherman Street -Sth Floor
Denvc:r. Coiorado 80203
Phone Q03) 86~500
FAX (303) 866-$691
Attached please find a final draft of the easement from the
Colorado Water Conservation Board to the City of Englewood for its
raw water pipeline. The terms of the special permit for water taps
are acceptable to the CWCB. Mark Matulik is still reviewing the
attachments and will contact you with any comments or questions.
When the Board and the City Council have approved the easement, I
will send you originals for signatur~. Ple ~l me at 866-5361
if you have comments or questions. ·
~? THERE IS A...'n' PROBLEM RECEIVING T SSION,
CALL: (303) 866-5361
FROM :~GO N~T. RES. SECTION TO . 76223121121 1997.1212-1213 15:1219 #993 P.02/1216
DRAFT
Recorded a.t ______ o'clock_ .M. ·----------------------=----,,--
Reception No.------------~ -------------------~Recorder.
THIS EASEMENT is made and entered into, pursuant to Sectioxi 24-92-201 ~ ~'
C.R.S. (Supp. l996), oxi this day of l997, by and between the
STATE OF COLORADO for the use and ~enefit Of the COLORADO WA'n:R CONSERVATION BOARD
( 11 Grantor") and the City of Englewood, a political subdivision of the State of
Colorad.c, ( 11 Grantee 11 ), whose address is 3400 s. Ela.ti Street, Englewood, Colorado
SOl.10.
'WB'.EREAS, the Grantor is an agency of the State of Colorad.c created and controlled
by Title 37, Article 60, C.R.S. (l990), which functions for the welfare atid benefit of
1 the State cf Colorado and its .inhabitants; and
WB:ElU!AS, the united States Army Corps of Engineers ("Corps") has constructed
improvements to the flow of water in the channel of t:he south Platte River (11 River")
' in Arapahoe County, State of Colorado. with said improvements known as the South Platte
River ChallIJ.elization Project ("Channelization Project"); and
WHEREAS, the primacy purpose of the Channelization Project is to provide
drainage, flood control and water flow regulation; and
WHEREAS, the Corps and the Gra.ntor entered into two agreements which give the
Grantor the responsibility of acquiring land, easements, and rights-of-way for the
CbaJ:lneli:ai:ion Project and the duty of maintaining and ope~atiilg the Cb.amleli~ation
Project; and
WHEREAS, the Grantor has acq1.1ired certain fee title interests, rights-of-way, and
easements within the Channelization Project right-of-way for the p-w;poses of
constructing and maintaining the Channelization Project; and
WEl:REAS, the Grantee wishes to acqt.tire and the Granter is willing to grant an
e~ccmcne for t:hc con3tri.i.ction, operation and maintenance of a raw water line on the
, Grantor's property within the Channelization Project.
WI'!'NESS~TE::
That for and in consideration of the general public interest and ~enefit which
will accrue :Crom the Grantee's development of the easement::~rant.ed herein, the
' guarantee by the Grantee to the South Suburban Park and Recreadion District {"South
Suburban 11 ) or any subsequent manager of the 10,000 Trees Project of the use of three
(3) two inch water taps for the purpose of irrigating trees planted by the 10,000 Trees
Project or for another irrigation use designated by South Subur.ban, the payment of the
sum of Two Thouaand Two Hundred Fifty Dollars ($2250.00) paid to the Graneor by che
1 Grantee, and the keeping and performance of the covenants and agreements hereinafter
expressed, the Granter grants , conveys, transfers and delivers to the Grantee, subject
to the conditions set forth below, a nonexclusive easement for the sole purpose of
' using the land covered by said easement for constructing, operating and maintaining a
raw water line, hereinafter referred to as the Project, upon, over, across, below and
through that portion of land owned by the Grantor as part of the South Platte
Channelization Project (hereinafter 11 Channeli2ation Project 11 ) 1 situated in the City of
~nglewood county of Arapahoe , State of Colorado, which is more fully described and
shown in the map attached hereto as Exhibit A and incorporated herein (hereinafter
"Pro:perty"l. Said Easement shall temporarily ~e fifty (SO} feet wide during the
instal1ation of the Project and shall be reduced to a width of twenty (20) feet upon
the issuance of a letter of substantial completion or an acceptance letter for the
~ Project by the Grantee. The length of the Easement shall be the minimum necessary
for the proper construction, operation and maintenance of the raw water line from "Onion
Avenue to Oxford Avenue, a length of appr~imaeely one mile.
Page l of s
'FROM :~GO N~T. RES. SECTION TO . 76223121121 1997 .1212-1213 is: i121 **993 P.1213/1216
DRAFT
TO RAVE AND TO HOLD, subject to any existing or recorded easements and rights-of-
way, for ehe purpose of utilizing such Easement for the sole purpose of ownership,
construction, operatiOll and maintenance of the Project for the primary term of twenty-
:five (25) years, commencing on the __ day of l997, aDd ending on the
-~ da.y of 2022. At the option of the Grantee, and if approved by the
Granter, this Easemene maybe renewed for successive terms provided that: (1) Grantee
has complied with all the terms and conditions set forth herein, (2) Gra.:c.~ee delivers
written notice to Granter of Grantee's intention to exercise such option at least iao
ca1enclar days prior to the last da.y of each of said te:rma, and (3) payment in full of
the consideration for the whole next ensuing term accompanies the said written notice
to renew. The Grantor's approval of said renewals of this Easement shall not be
! unreasonal:>ly withheld. Grantee's consideration for each renewal of this Easement shall
:be the sum set forth above as consideration for this Easement, adjusted for inflation_
The parties agree that this Easement is subject to the followin~ conditions: .,. .
l. The Granter grants this Easement upon the express condition that the estate
herein granted shall endure only so lOllg as the G:rantee utilizes the Easement for
the sole purpose of construction, opera~ion and maintenance of the Project in
accord.a.nee with the plans and specifications eubm.itted by the Grantee to the
Granter, Which have been signed by a professional engineer licensed in the State
of Colorado and are incorporated herein by this reference. The Grantee shall
ensure that the Project is designed for a design load of up to twenty (40) tons .
In the event that the Grantee uses t..'liis Easement for any purpose other than the
specific uses identi fied herein, then all of the Grantee's right, title and
interest in and to the above described Easement shall become null and void, and
the Proper1:y shall absolutely revert to and revest in the Granter as fully and
completely as if this instrument had not been executed, without the necese;ity for
suit or re-entry; and no act or omission on the part of any beneficiary of this
clause shall be a waiver of the operation or enforcement of such clause.
I 2. As part of the ccnzideration for this Easement, the Grantee shall guarantee to
the South Suburban Park and Recreation District or any subsequent manager of the
10,000 Trees Project the use cf three (3) two inch water taps for the purpose of
irrigating trees planted by the l0,000 Trees Project or for another irrigation
use designated by south Suburban. This guarantee of use of said taps shall be
evidenced by a certificate issueci by the Grantee to South Suburban, a copy of
Which is attached hereto as Exhibit E and inco:q;iorated herein. In the event of
the termination, non-renewal or abandonment of this Easement, the Grantee's
obligation to guara.~tee t:.he use of said taps shall terminate.
3. This Easement shall include the right of the Grantee to enter onto the Grantor's
property for the sole purpose of constructing and/or maintaining the Project.
Provided however, that upon the non-renewal, abandonment o:r termination of any
of the Grantee's rights or privileges under this Easement, the Grantee's rights
to that extent shall terminate. However, the Grantee's obligatio= to ind2mnify
and hold harmless the Gr;;mtor, as more fully set forth below, sr.all not be
te:rminateci.
4. The Gran tor and the GraJJ.tee expressly covenant and agree that the terms and
conditions of the Easement granted herein shall l:le in compliance with and
subordinate to the terms of the September 7, 1977 and January 2.9, l.980 Agreements
("Agreements") between the 'Onited States Army Corpe; of Engineers ("Corps"),
incorporated herein by this reference. This covenant and agreement include but
are not limited to the maintenance and operational requirements on t;he Granter
and. its designees under those Agreements and the necessity for the Granter and
its designees to have Wllimited access to the lands covered by this Easement to
perfo:rm all necessary acti vities. The Grantee shall cooperate with the Granter
and its designees in the performance of its maintenance and. operational
requirements. Violation of this provision may be grounds for the Granter to
immediately terminate this Easement.
Page 2 of 5
RES. SECTION TO 7622312)12) 1997.12)2-12)3 1s:11 1*993 p. 12)4/12)6
DRAFT
. the term of this Easement, the Gran tor shall have the right to dispose of
,u.bj ect land or to use the same for other pw:posas sul:lj ect to the rights and
Jilegea herein granted to the Grantee. This Easement sha11 be nonexclusive
.d subject:. to any prior easements granted by the Grantor to third parties, and
~o all prior easements of record whether granted by Granter or a previous owner.
The Grantee expressly agrees to subordinate this Easement to all prior easements
within the Project granted by the Grantor. The Granter reserves the right to
grcuit additional easements to third parties, provided that said easQmeJ:i.ts do not
materially interfere with the EasemeIJ.t granted herein. The Grantee agrees to
share this Easement, provided that the additional easements do not materially
interfere with the purposes for which the instant grant is made .
6. The Grantee expressly covenants a..•d agrees that, in the event of termination of
this Easement, in the event that the Grantee elects not to renew this Easement
or no longer needs or desires this Easement, the Granter, at ita eole discretion,
may require the removal, at the Graneee ' s sole ~ense, of all appurtenances from
the property subject to this Easement, and may require the Grantee to reseo:re the
property subject eo this Easement, as nearly a.s possible, to the condition of the
property existing as of the date of thQ execution of this agreement, all eo the
Granter's sole satisfaction. The Granter shall determine in its sole di~crQtion
whet..~er the proposed restoration complies with this paragraph.
7. The Grantee agrees that all excavations or other temporary removal of soil as
:required for the proper constructi on and/or maintenance of the Project shall be
properly replaced, and that the Easement shall be, as nearly as possible,
restored and maintained in its original configuration and with similar
vegetation. The Grantee shall also insure that the Property is left in a
configuration satisfactory to and in compliance with the Channelization Project
design plans and specifications prepared by the Corps. The Grantee shall be
responsible at all times for the immediate repair or reimbursement: for any damage
to the Property due to the Grantee's use of the Easement. Routes of ingress and
egress for construction and/or maintenance of the I>roject shall be limited to the
minimum necessary locations, and all work areas created by the Grantee on the
Grantor's property for construction and/or maintenance purposes must be
obliterated, protected against erosion, and restored to the former condition of
the Property, as nearly as possible. The Granter shall determine, in its sole
discretio~, whether the Grantee's restoration complies with this paragraph. In
the event the Grantee fails to perform the restorat:ive or revegetative work
required by this paragraph to t:he sole satisfacti on of the Granter, and after
thirty (30) days prior written notice specifying with particularity the failure
and indicating the remedial steps needed to cure same, the Granter shall be
allowed to perform said work and the Grantee shall pay within thirty (30) days
all direct and indirect costs incurred by the Granter for restorative or
reveget:at:.ive work including, but not limited to, regrading, filling,
revegetation, erosion control, and replacing of soil.
8. The Grantee understands and agrees thae so long a.s the Granter is the o-wner of
the underlying fee interest to the sul:>ject property, the Granter may, L"l its sole
discretion, require the Grantee to relocate a portion or portions of the
Grantee's raw water line by giving the Grantee at least ninety (90) days prior
Wl:'itten notice of such requ.iremel:.t. All relocation costa aha.11 be paid by the
Grantee. In t:he event: the Grantee fails to relocate within nineey (90) days, the
Granter shall :be allowed to perform 6Uch work and the Grantee shall pay to the
Granter, within ehirty (30) days of sul:>mission of costs by the Grantor, all
direct and indirect costs for the same.
9. The Grantee understands and agrees that its facilities are subject to damage and
total loss without liabilicy accruing to the Granter as a result o! flooding, as
t:.he result of the maintenance and operation of the Channelization Project, or as
a result:. of emergen~ or repair operations to and in the Cballlleli~ation Project
by the Granter, the Grantor's designees, or the Corps.
Page 3 of s
• · FROM : l=<GO Nl=<T. RES. SECT I ON TQ 76223121121 1997,02-03 15:11 1*993 P.05/06
DRAFT
lO. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless
the Granter against all liability and loss, and agaillst all claims and actions
based upon or arising out of damage or injury to persons or property, caused by
any acts or omissions of the Grantee, its successors, assigns, agents or
contractors.
ll. Throughout the tezm of eh.is Easement, including but not limited to any renewal
term, the Grantee ~hall maintain continual commercial general liability insurance
covering its use of the Easement. Said insurance shall name the Granter as an
additional insured. A copy of the cur':'ent certificate (s) of insurance and
additional insured endorsement(s) shall be attached tc this Easement as Exhibit
C alld incorporated herein. Notices of renewal of this insurance sh.all :be
provided to the Granter on an aimual ~asis. Said policy eohall provide coverage
in the amounts established by the Colorado Govermnenta.l Immimity Act (Article 1.0,
Title 24, 10A C.R.S. (1988)), both now and as hereafter amended.
12. In the event that the Grantee contracts for any work to be performed on the
properties, the Grantee shall require its contractors and subcontractors, except
the Corps, to indemtlify, save and hold harmless the Granter, its employees and
agents, and the Corps from any and all claims, damages, and liabilities
whatsoever for injury or death to persons or damage to property arising from the
contractors' and/or subcontractors' actions or inactions. All contractors and
subcontractors shall abide by and follow the provisions of this Easement.
13. It shall be the sole responsibility of the Grantee to obtain all necessary and
applicable local, •tate and federal approvals and permits for the pw:poses set
forth herein. The Grantee shall comply with all reasonable rules, regulatio:as
and policies authoritacively promulgated pert~ining to the use of the Easemellt
lands, including, but not limited to, local, state and federal flood plain
regulations. NOllcompliance by the Grantee with any such permit, rule, regulation
or policy may :Ce ground.s for t:.he Gra..ntor to immediately terminate this Eas~ment.
14. The Grant:ee understands and agrees t::i.at the Granter makes no representations
concerning ownership of nor warrants title to any of the property underlying the
Easement. To the extent that this grant of Easement may encroach on lands not
owned or controlled by the Granter, the Grantee assumes all responsibility for
any such encroachment.
1.5. A copy of the ordinance duly adopted by the City Council of the Grantee,
authorizing the Mayor to execute this Easement and to comply with the conditions
set forth herein, is attached hereto as Exhibit D and incorporated. herein.
16. The Grantee shall be responsible for recording this Agreement with the Clerk and
Record.er' a Office of Arapahoe County, Colorado and shall provide a conformed copy
of the recorded agreement to the G:rantor.
17. All of the provisions of this Easement sh.all be binding upon all the parties
hereto and their successors, assigns, agents and contractors.
18. The signatories to jtpis Easement aver that, to their knowledge, no State employee
has any personal or beneficial i~terest whatsoever in the property described
herein.
19. This Easement shall not be deemed valid. unless and until approved by the
officials and officers of the State of Colorado as required by section 24-92-202,
C.R.S. (1995 Supp.) and. :Cy the Controller of the State of Colorado, or such
assistants as they may designate.
IN WITNESS WHEREOF, the parties here.to have executed this instrument on the date
first above written.
Page 4 of s
' FROM : ~GO N~T. RES. SECT ION
G~;
City of Snglewood
STATE OP COLORADO
' COUNTY OF DENVBR
TO
ss.
76223121121 1997.1212-1213 15: 12 #993 P.1216/1216
DRAFT
GRANTOR:
STATE OF COLORADO
Roy Romer, Governor
By Fo_r __ t~h-e-=Ex-e_c_u_t~i-ve-=D~i-r_e_c_t_o_r _______ _
DEPARTMENT OF ~TOR.AL RESOtJRCES
Colorado Water Conser.ration Bo•rd
Daries C. Lile, P.E., Director
ATTEST:
The foregoing instrument was ackllowledged before me this __ day of
~-....,...---.,--...-.... 1997, by Daries c. Lile, as Director of the Colorado Water conservation
Board, on ~eh.alf of the State of Colorado. Wit~ess my hand and official seal.
My commission expires ti
F
Nota~ Public
STA'l'l:: OF COLORADO
ss.
CO'ON'l'Y OF
The foregoing instrument was acknowledged before me thia day of
1997, by Thomas Burns, as Mayor of the City of Englewood.--Witness my
!:'"h-a.I1--:d-an--::d-o-=f-=f"""i_c..,..ial seal .
' My ccmm.ission expires
APPROVED:
STATE OF COLORADO
Gale A. Norton, Attorney General
' By~~~~~~~~~~~~~~
: APPROVED:
'Division of Purchasing
·By,....,..--~~--~~~~--~--~ Director
Notary PulJlic
APPROVED:
Department of Persom:iel
State Buildings Programs
BY,......--...,..~--=""--.....,..--------------.....,..-Executi ve Director
APPR.OV'ZD:
Division of Accounts and Control
Clifford Hall, State Controller
By~------~-~~------~-~----~
i>a.ge s of S
·-.
MEMORANDUM
To: Englewood Water and Sewer Board
From : John Bock, Utilities Manager of AdministrationJ{j
Date: February 4, 1997
Subject: Thomas Wheland I Blocked Sewer Pipe
A T 1. '-/
As directed by the Board , the Utilities Department's sewer maintenance crew excavated
Mr. Wheland's 4" sanitary sewer service line at its connection to the City's sewer
main . Also present 'Nere Mr. Wheland and Utilities Technician Jim Veryser.
A thorough inspection of the exposed pipe confirmed that the failure had occurred in
Mr. Wheland's line and that the City's main was in good condition. Mr. Wheland also
agreed with this determination . After completing the inspection, the City's crew
repaired the failed pipe and back-filled the trench.
The total cost to the City is $2, 903 . 93. Mr. Wheland has agreed to pay the City back in
one payment. A letter informing him of the cost of repair was mailed to him on
February 3, 1997 .
Printed on Recycled Paper .~
WATER AND SEWER BOARD
MINUTES
JANUARY 14, 1997
The meeting was called to order at 5:05 p.m.
Chairwoman Neumann declared a quorum present.
Members present:
Members absent:
Also present:
Habenicht, Clark, Higday,
Neumann, Otis, Guy, Vobejda,
Wiggins
Burns
Stewart Fonda, Director of
Utilities
John Bock, Utilities Manager
Dennis Stowe, Bi-City Plant
Joe Payne, Bi-city Plant
1. MINUTES OF THE DECEMBER 17, 1996 MEETING.
The Englewood Water and Sewer Board Minutes from the
December 17, 1996 meeting were approved as written.
Mr. Vobejda moved;
Ms. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
Tom Burns entered at 5:10 p.m.
To approve the December 17,
1996 Englewood Water and Sewer
Minutes as written.
Habenicht, Clark, Higday,
Neumann. Ptos. Guy, Vobejda,
Wiggins
None
Burns
2. GUEST: THOMAS WHELAN -OWNER 2255-57 S. TEJON ST.
Mr. Whelan appeared before the Board to request City
assistance in fixing his sewer line at 2255-57 s. Tejon St.
Mr. Wiggins noted that he has been in contact with Mr.
Whelan and had the sewer maintenance crew TV the line in
question. What was discovered was that there was no
apparent grade separation in that sewer main section and
effluent was flowing properly.
The Water Board directed the Utilities' staff to excavate
the sewer line at the problem area next to the City's main
and investigate the connection to determine the cause of the
service line separation. If it is discovered to be the
City's fault, the crew will make the necessary repairs, and
the City will absorb the costs. If it is found to be the
owners responsibility, the City crew will make the repair
and charges will be determined. The crew will attempt to
locate the propety's clean out.
3. LETTER FROM HIGHLANDS RANCH DATED 1-2-97.
Stu reviewed the letter from Terry Nolan of Highlands Ranch
to the Denver Board of Water Commissioners outlining their
position on proceeding with the McLellan Interchange on c-
470 between Broadway and Santa Fe. Stu also noted that the
Friends of the Highline Canal were unsuccessful in obtaining
a temporary restraining order.
4. GUESTS -JOE PAYNE AND VIKKI PIERCE -WATER FOR PEOPLE.
Vikki Pierce of Water For People and Joe Payne of the Bi-
City Wastewater Treatment Plant appeared and showed a vidio
tape illustrating the public health contributions made by
the Water For People Organization. They requested that
Englewood allow Water For People to insert flyers titled,
"Safe Drinking Water .... You Can Make A Difference" into the
regular bills sent to Englewood's water and sewer customers.
The list of contributors would not be sold and Water For
People will report back on the degree of success generated
from the flyers.
Ms. Habenicht moved;
Mr. Guy seconded: To approve the pilot program
for flyers from Water For
People be inserted in
Englewood customers' regular
water and sewer billing.
. . .
Ayes:
Nays:
Members absent:
Motion carried.
Habenicht, Clark, Higday,
Neumann. Ptos. Guy, Vobejda,
Wiggins, Burns
None
None
5. GUEST: CARMINE IADOROLLA -AQUA SAN.
WATER CONSERVATION MASTER PLAN
Mr. Iodorolla appeared before the Board to discuss the
proposed Water Conservation Master Plan. Compliance
requires the City to be metered by the year 2009, with
Englewood reviewing its present metering program in 2002 to
determine a plan of action to assure compliance with State
law. Carmine noted that the plan could be amended at a
future date. The plan will enable Englewood to apply for
State loans and grants.
Mr. Vobejda moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval
of the Water Conservation
Plan.
Habenicht, Clark, Higday,
Neumann. Otis. Guy, Vobejda,
Wiggins, Burns
None
None
6. DON MARTURANO -SOUTH ENGELWOOD SAN. DISTRICT.
Don Marturano appeared before the Board to discuss the South
Englewood Sewer Maintenance Agreement that expired October
1, 1996. Areas noted to be negotiated were; Item #7
regarding selling sewer taps, Item #3 regarding yearly
amount and 4(e) regarding enforcing oil and grease trap
regulations. Mr. Marturano will discuss these issues with
the Board at their February meeting. Mr. Fonda reiterated
that Englewood is still servicing the area due to a
temporary extenstion of the official agreeement, but the
City will discontinue servicing South Englewood if an
agreement is not reached.
7. GUEST: CARL HOUCK -CDM -ALLEN FILTER PLANT
IMPROVEMENTS.
Carl Houck and Mike Zafer from CDM appeared before the Board
to discuss the proposed Allen Plant Improvements and the
increase in the estimated amount budgeted. The Board
expressed their concerns regarding the increased amount and
what rate increases might be necessary.
Mayor Burns and Mayor Pro-Tern Alex Habenicht expressed their
concerns about the November, 1996 general obligation bond
issue, which failed. Discussuion ensued about the manner in
which future bond issues must be promoted in order to
succeed and the need to verify costs, so that the amount of
this issue is not less than the ultimate cost of the
improvements. Stu Fonda reviewed the Original Cash Flow
Model and Revised Construction Cost Estimates as well as a
rough time line for a possible new general obligation bond
issue election in 1997.
Mr. Otis moved;
Ms. Neumann seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval
of proceeding with final
design for the Allen Filter
Plant Improvements.
Habenicht, Clark, Higday,
Neumann. Ptos. Guy, Vobejda,
Wiggins, Burns
None
None
The Board adjourned at 7:00 p.m.
The next Water and Sewer Board meeting will be February 11,
1997 at 5:00 p.m. in Conference Room A .
Respectfully submitted,
Cathy Burrage
Recording Secretary
James E. & Elizabeth E. Dickson
2560 W . Long Circle, Littleton, CO 80120 (303) 738-8390
Steve Ward
Arapahoe County Commissioner
Arapahoe County
5334 S . Prince St.
Littleton, CO 80166
Dear Mr. Ward ;
It has recently come to our attention that you are pursuing the opening of McClellan
Reservoir for recreational purposes.
We absolutely oppose any attempt to open this area for recreational purposes . We can not
speak to the ramifications of water q_uality but we can speak of the q_uality of life. This is an area
where strollers are blessed with an abundance of wild life including bald eagles , foxes and many
varieties of waterfowl. The quiet , peaceful nature of this reservoir is not only a welcome respite
for those who live nearby, but is also an attraction to many other residents of the Littleton area .
Easy access from the Highline Canal and parking at Writers Park allows many residents to enjoy a
walk with nature that would otherwise be destroyed. The noise ofrecreational pursuits is not a
blessed event for this area . Particularly, when larger, better suited bodies of water are in such
close proximity.
Mr. Ward , I am sure you have the best interest of your constituents at heart. However,
opening up this reservoir for recreational purposes should not be at the expense of so many who
enjoy it as is.
cc: Stewart Fonda
Director Utilities Dept.
City of Englewood
City of Englewood
ACC T . ~u : l 0 14~ 0 536 ~ l
SERV ADSPE S S :5 36~ S FOX ST
TOTAL .6.~T. .J UE: $5 69 .77
Dear Englewood Sanitary Sewer Customer:
3400 S . Elati Street
Eng lewood . Co lorado 801 10-2304
Phone (303 ) 762-230 0
(303 ) 762-2301
FAX (303 )78 9-1125
Our records indicate the amount listed above remains unpaid for sewer
service billed by the City of Englewood .
If this amount is not paid by March 25.1996, a 25°/o late charge for
collection service will be added in accordance with Englewood
Municipal Code 12-2-3 (H) (1 ).
If the charges are not paid in full by April 15.1996, the full amount
will be certified to the appropriate county for collection. Under
the City of Englewood Municipal Code 12-2-3 (H) (3) , a 100°/o
surcharge will be added.
The original bill was sent out in December 1995 and a late notice in
January 1996. (A4 )
Any questions in regard to this matter should be directed to
(303)762-2635 .
Your prompt attention to this matter is appreciated .
jlyB~
John Bock
Utilities Manager of Administration
City of Englewood
ACCT . NU : 4 0 14n 0533~ ~
SE~v AD DRESS :53 c8 s F OX
TOTAL .\i1T . l.)IJE : ;,342 •92
Dear Englewood Sanitary Sewer Customer:
3400 S . Elati St reet
Englewood . Colorado 80110-2304
Phone (303) 762-2300
(303 ) 762 -2301
FAX (303) 789-1125
Our records indicate the amount listed above remains unpaid for sewer
service billed by the C ity of Englewood.
If this amount i s not paid by March 25.1996. a 25°/o late charge for
collection service will be added in accordance with Englewood
Municipal Code 12-2-3 (H) (1 ).
If the charges are not paid in full by April 15, 1996, the full amount
will be certified to the appropriate county for collection. Under
the City of Englewood Municipal Code 12-2-3 (H) (3) , a 100°/o
surcharge will be added.
The original bill was sent out in December 1995 and a late notice in
January 1996. (A4 )
Any questions in regard to th is matter should be directed to
(303)762-2635 .
Your prompt attention to this matter is appreciated .
jlyBcJ-
John Bock
Utilities Manager of Adm inistration
,.. -40 t.[.0~-~cr-c 53g¥ .s
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GI • Complete items 3. and .a •· b services. . Ill _.,. • .
G • Print your name and address on the reverse of this I= =' > return this card to you . -a 'mllt we can
GI • Attach this form to the front of th .1 • ; does not permit. e mai piece, or on the back if space
.&! • Write "Return Receipt Requested~' on the mail i · · . -The Return Receipt will show .P ece below the artlcle number. 0 . . .. g delivered. to whom the amcle was delivered and the date 2. Restricted Dehvery .E-
"CI 3. Article Addressed to: Consult ostmaster for fee . -~ i r-----·---------· -----J /
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DOMESTIC RETURN RECe,,-f
Sheet1
DENVER WATER METER READINGS
5368 S. Fox St. 5388 S . Fox St.
9/8/95 100,000 actual 9/8/95 70,000 actual
11/8/95 108,000 actual 11/8/95 60 ,000 actual
1/11/96 141,000 actual 1/11/96 63,000 actual
3/12196 121, 060 actual 3/12/96 61 000 actual ,. . . .. . .. Used for Sewer Bill
5/8/96 120 ,000 actual 5/8/96 61,000 actual
7/10/96 111,000 actual 7/10/96 69 ,000 actual
9/9/96 140,000 actual 9/9/96 59,000 actual
11/6/96 113,000 actual 11/6/96 92,000 actual
1/13/97 141,000 estimate 1/13/97 102,000 actual
5368 5388
12/6/95 Regular Annual Billing $ 569.77 $ 342 .92
Jan of '96 Over Due Notice
March of '96 Certified Letter
3/13/96 Partial Payment $ (200.00) $ (200 .00)
5/1/96 25°/o Late Charge $ 92.44 $ 35.73
10/3/96 Certify to Arapahoe Co.
12/12/96 Regular Annual Billing $ 670.00 $ 332.80
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