HomeMy WebLinkAbout1999-08-17 WSB AGENDA'
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
AUGUST 17, 1999
5:00 p.m.
CONFERENCE ROOM A
MINUTES OF THE JUNE 8, 1999
WATER AND SEWER BOARD MEETING. (ATT. 1)
GUEST: JOHN SUTER -AMCO CONSTRUCTION -SEWER TAP
FOR 643-659 W. PRENTICE AVE. (ATT. 2)
SOUTHGATE SUPPLEMENT #144 (ATT. 3)
4. LETTER FROM DR. ROBERT OHLSON RE: PERMISSION TO
GRAZE HORSES ON CITY McLELLAN PROPERTY. (ATT. 4)
5. MEMO DATED 8-10-99 FROM JOHN BOCK RE: LAND
ACQUISITION ON 2600 S. RARITAN ST. FROM ARAPAHOE
COUNTY. (ATT. 5)
6. MAINTENANCE AGREEMENT WITH CHERRY HILLS VILLAGE
FOR VIKING DR. (ATT. 6)
7. MEMO DATED 8-10-99 FROM JOHN BOCK RE: CITY DITCH
ENCROACHMENT FOR ADAM MULLEDY, 3697 S. GRANT ST.
(ATT. 7) J L IC.l:.i1SC [ ~ f
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8. LETTER FROM STEVE SCHEFFEL DATED 7-21-99
RE: REDEFINING CITY DITCH RIGHT-OF-WAY AT
WOLHURST ADULT COMMUNITY. (ATT. 8)
9. MEMO FROM JOHN BOCK DATRED 8-10-99 RE: TELEPHONE
ANSWERING SYSTEM. (ATT. 9)
10. INVITATIONS TO WATER AND SEWER BOARD MEMBERS:
ANNUAL CITY PICNIC -FRI. AUG. 20, 1999
11:00 A.M.-3:00P.M. -CUSHING PARK (ATT. 10)
TENT TALK ICE CREAM SOCIAL -MON. AUG. 23,
1999 -CUSHING PARK 6:00 P.M. -8:00 P.M.
12. OTHER.
WATER AND SEWER BOARD
MINUTES
JUNE 8, 1999
AT~ I
1. MINUTES OF THE MAY 11, 1999 MEETING.
The Englewood Water and Sewer Board Minutes from the May 11,
1999 meeting were approved as written.
Mr. Vobejda moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the May 11, 1999
Englewood Water and Sewer
Board Minutes.
Clark, Burns, Cassidy, Otis,
Kasson, Vobejda
None
Habenicht, Higday, Bradshaw
Councilperson Habenicht entered at 5:10 p.m.
2. JOHN COX -OWNER OF 1400 W. RADCLIFF AVE.
Mr. Cox appeared before the Board to request that the storm
inlet to the west of his mini-storage warehouse and future
RV Storage site be raised to accommodate a new entrance onto
Navajo. He requested that the inlet be raised 14" at the
City's expense. Stu noted that the inlet was built to grade
at the time of construction and raising it would only
benefit the property owned by Mr. Cox.
The Board thanked Mr. Cox for appearing with his request.
Mr. Clark moved;
Mr. Otis seconded: To deny Mr. Cox's request for
the City to raise the storm
inlet 14" adjacent to his
Ayes:
Nays:
Members absent:
Motion carried.
Clark, Burns, Cassidy,
Habenicht, Otis, Kasson,
Vobejda
None
Higday, Bradshaw
3. WATER MAIN CONTAMINATION -FLOYD & SHERMAN.
Stu apprised the Board of an incident on June 7, 1999 at the
Englewood Housing development at Sherman and Floyd. A sub-
contractor working for Englewood Housing released a small
amount of concentrated chlorine while doing water main
disinfection. Complaints of strong chlorine odors were
received from Orchard Place, a senior complex across the
street. The Board received a copy of a letter dated June 7,
from Steve Ozburn, Project Manager, explaining the
situation. Stu will be meeting with the City Manager and
the directors in charge of the project to discuss
precautionary measures.
4. BASS RESOURCES -STAYBRIDGE SUITES.
Bass Resources submitted a Hotel Sewer Tap Agreement to the
Board for approval. Bass Resources is building a Staybridge
Suites hotel in the Southgate Sanitation district near the
Park Meadows Mall. They are requesting to use the
established agreement for setting sewer tap fees for hotels,
basing tap fees for hotels on a per day, per unit usage.
Mr. Otis moved;
Ms. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval
of the Hotel Sewer Tap
Agreement to Bass Resources
for the Staybridge Suites
hotel near Park Meadows.
Clark, Burns, Cassidy,
Habenicht, Otis, Kasson,
Vobejda
None
Higday, Bradshaw
Councilperson Bradshaw entered at 5:20 p.m.
5. CENTENNIAL LEASE AGREEMENT.
Mr. Fonda discussed the concept of using virtual storage as
a basis for pricing water sold to Centennial. Raw water not
needed by Englewood at the time would be divided into three
price categories, which would be based on a 10-year moving
average delivery and a predetermined threshold. The virtual
storage concept, along with the existing and proposed
Centennial contract was discussed.
3. WATER BOARD TOURS.
Councilperson Alex Habenicht recommended that a trip be
arranged for the Water Board to tour various Englewood
facilities such as Boreas Pass , Ranch Creek and the Allen
Filter Plant. Mr. Fonda concurred and a fall trip will be
arranged.
The next Water and Sewer Board meeting will be July 13, 1999
at 5:00 p.m. in Conference Room A.
Respectfully submitted,
Cathy Burrage
Recording Secretary
A 77. 2
l\1EMO
Date : August 10, 1999
To : Stu Fonda
From: Jim Veryser J o/
Re : 643-659 W. Prentice Ave ., sanitary sewer connection
Approximately two months ago, I was approached by Mike Cooper and Amco
Construction Co . with a request. They were seeking the City's approval to connect the
future sewer serving the above building to the existing 6" private service line, which
serves 621 W . Prentice Avenue. This proposed building will be a 9 unit, multi-family
structure and will be under separate ownership from 621 W. Prentice Ave .
I told Mr. Cooper that the City of Englewood will not allow this connection, based on
City Ordinance 12-2-4 :A, which states, "buildings are to have separate sewer connections
and that no connection shall be made by extending service from one property to another
property."
The City of Englewood sewer permit for 643-659 W . Prentice Ave .(# 20465), was sold
on 05125199 , based on a plan submitted by Mike Cooper, that shows the sewer for this
building being connected into the 8" South Englewood main in W . Prentice Ave ..
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August 9, 1999
AMCO CONSTRUCTION, INC.
2115 W. Chenango Ave. Unit H
Littleton, CO 80120
303-794-4573
City of Englewood
Water & Sewer Board
3400 So. Elati St.
Englewood, CO 80110
RE: Sewer tap for 643-659 W. Prentice Ave.
To Whom it May Concern,
We are requesting a meeting to present our unusual
site conditions which makes it necessary for allowing an
exception to the ordinance against two different property
owners using one existing sewer tap.
Exhibit A is a recorded easement between the current owner
of the existing apartment building at 621 W. Prentice
(Lyle Everson) and the my new townhomes under construction
at 643-659 W. Prentice. The easements pertain to a common
shared driveway and also for a water line and storm sewer
line.
Lyle Everson owned both properties and when he built the
building at 621 W. Prentice, he obtained a permit for a
sewer permit for lots 4,5, and 6 and ran the sewer line to
the main in Fox Street to the east, and also at that time
a 6~ sewer stub was installed to serve a future building
to be constructed to the west. In the subsequent years
lot 4 and part of lot 5 were sold to me. I am requesting
to be allowed to tie into this line and amend our easement
agreement and jointly share the maintenance of the sewer
line to the main.
Exhibit B,C,D, are sketches of the different utilities
currently under Prentice Ave. and the difficult conditions
that would be presented in trying to tap into the existing
main which is at an approximated depth of 17'.
Exhibit E is from Denver Water expressing their concerns
for tapping the main in Prentice Ave.
Exhibit F is a survey showing both buildings with the
sewer lines marked in red.
~e~~ ~ke L~
President
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STORM SEWER AND WATER LINE EASEMENT AND
SHARED DRIVEWAY EASEMENT AGREEMENT
TIIlS AGREE?v!ENT, is made this __ day of _____ , 1998, by and between
Mike Cooper ("Granter"), whose address is , and
Lyle and Connie Everson, whose address is ----------------
("Grantee") collectively referred to as the "Parties".
I. RECITALS
Granter is the owner of rhe tract of land descnOed as: e.f'
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Lot 4 and the West 70 feet of wt 5
Lininger Subdivision, Third Filing ,
COUNTY OF .A.RAP A.HOE
STATE OF COLORADO
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(and which will hereinafter be referred to as the "Burdened Property") upon which Grantor
desires to convey a non-exclusive driveway easement to Grantee along with easeme~ for a
water line and storm sewer.
1.2 Grantee is the owner of the tract of land described as:
Lot 5, except the West 70 feet of Lot 5
Lininger Subdivision, Third Filing
COUNTY OF ARAPAHOE
STATE OF COLORADO
(which will hereinafter be referred to as the "Benefitted Property") upon which Grantee desires
to convey a non-exclusive driveway easement to Grantor.
1.3 The consideration for the easement hereinafter granted consists of the mutual
covenants and grants herein exchanged between the parties and other good and valuable
consideration, the receipt and sufficiency of which are hereby confessed and acknowledged.
THEREFORE, it is agreed as follows:
II. DRIVEWAY EASEMENT
2~1 The Parties hereby agree that they shall share a driveway and grant and convey
unto each other, their successors and assigns, a non-exclusive easement over and across that strip
of land described as:
An easement for ingress and egress that shall be a shared driveway
25 feet wide with the center line being the common property line
benveen the Benefitted and Burdened Properties with twelve and
one-half feet on the East side of the common property line and
twelve and one-half feet on the west side of the common boundary
line. as shown on the Site Plan and Location map. a copy of which
is attached hereto as Exhibit A and incorporated herein by this
reference.
for use by Granter and Grantee, their successors, assigns, agents, employees, guests and invitees
solely for the use as a driveway access , subject to the tenns, conditions and provisions
hereinafter set forth. Tne easement created by this Section II will be referred to as the Driveway
Easement throughout this documem.
ill. WATERLINE AND STORM SEWER
EASEMENTS
3.1 Grantor hereby grants and conveys unto Granree, its successors and assigns, a
non-exclusive easement over and across that strip of land described as:
See attached Exhibir B.
for use by Grantee, its successors, assigns, agents, employees, guests and invitees solely for use
as a drainage easemenr a.nd storm sewer , subject to the terms, conditions and provisions
hereinafter set forth. The easement created by this Section ill(3.l) will be referred to as the
Drainage Easement throughout this document .
3 .2 Granter hereby grants and conveys unto Grantee, its successors and assigns, a
non-exclusive easement over and across that strip of land described as:
See attached Exhibit C .
-E" e.-.rs ~
for use by Grantee, its successors, assigns, agents, employees, guests and invirees for an existing
water tap, waterline and meter pit, subject to the terms, conditions and provisions hereinafter
set forth. The easement created by this Section ll(3.2) will be referred to as the Waterline
Easement throughout this document.
I~ IV. MAINTENANCE
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4. 1 Grantor and Grantee shall maintain the Driveway Easement in good condition and
repair. All improvements to the Driveway Easement, all costs of maintenance, replacement and
snO\V removal shall be shared equally by Gran.tor and Grantee. Neither party may make
improvements to the Driveway Easement without the consent of the other party, which consent
2
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will not be unreason.ably withheld. The Parties shall share equally all costs of any
improvements. ~
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4.2 Grantee shall maintain the Drainage Easement in good condition and repair. All
improvements to the Drainage Easement are subject to approval by Grantgr. which approval will
not be unreasonably withheld. Grantee agrees to maintain the Drainage Easement in its present
condition and to make all repairs and maintenance to the Drainage Easement as Granree deems
reasonably necessary. In the event that the Drainage Easement overflows and causes damages
to the Burdened Property, Grantel~~ru;nts and agrees to make any reasonably necessary
repairs at Grantee's expense; provided however, that Grantee shall not be responsible to pay for
any repairs if Grantor has insurance th.at covers the damages.
4.3 In the event that it is necessary to~ ~al;! or to replace the water pipe and /or
water meter pit in the Waterline Easement, Grantee a'grees to replace or repair any landscaping ·
or improvements that may be removed or damaged during the repairs or replacement; provided
however, that Grantee shall not be responsible to pay for any repairs if Granter has insurance
that covers the damages.
V. ENFORCEMENT
5.1 Injunctive relief shall be available in the event of violations or threatened
violations of this Agreement. Each party agrees that, upon request of the other party, it will
certify from time to time to any person designated that there are no breaches of this Agreement.
If either pa..rty fails to respond to such a request within 20 days of the date of request, any
existing breaches of this Agreement shall be deemed waived by the non-responding party.
5.2 This Agreement and the terms, conditions and provisions hereof may be enforced
by any of the parries hereto and their successors and assigns; and in the event legal or
administrative suits or proceedings are brought against any party (whether a party to this
instrument of not) for purpose of such enforcement, the prevailing party or panies shall recover
from the non-prevailing party or parties all costs associated therewith , including but not limited
to reasonable attorneys· fees .
5 .3 If a dispute arises regarding the Driveway Easement the Parties agree to submit
the matter to Binding Arbitration. If the Parties cannot agree on an arbitrator, the Parties will
each choose an Arbitrator and the mro chosen shall select a third Arbitrator who will preside at
the Arbitration.
VI. SUBSEQUENT OWNERS
6 .1 The easements granted herein are appurtenant to those lands of each of the parties
hereto and such easements may not be transferred, assigned or conveyed apart or separately from
such lands.
3
" 6.2 All provisions of this Agreement, including all benefits and burdens affecting the
Burdened Property and the Benefitted Property, shall run with the lands owned by the parties
hereto and shall be binding upon and shall .inure to the benefit of the heirs, assigns, successors
and personal representatives of the parties hereto, subject to the provisions hereof.
VII. GENERAL
7.1 Both parties agree that neither will make use of the easements ~ted by tlJjJ
document in a manner inconsistent with the other's right of access to and use thereof. Without
limiting the generality of the preceding sentence, both parties agree not to park vehicles on the
Driveway Easement, or place or store any equipment or materials, or place or construct any new
structures or gate, whether temporary or pe_rmanent, on the Driveway Easement.
7 .2 Reservations. Exclusive use of the easement created by this document is not
hereby granred.
7.3 The speed limit across the Driveway Easement created by this document shall be
fifteen ( 15) miles per hour.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement
as of the day and year first above set forth.
GRANT OR: GRANTEE:
· Mike Cooper Lyle Everson
Connie Everson
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DENVER \'VATER
1600 West 12th Avenue • Denver, Colorado 80254
Phone (303) 628-6000 • Fu No. (303) 628·6199
August 4, 1999
To whom it may concern,
A meeting was held at Denver Water on August 4, 1999 to discuss a conflict with a proposed sewer tap
and a 60 .. Denver Water conduit. The plan to excavate within 9' of our conduit at a depth of 20' is of great
concern to us. Normal practice is to allow a distance of no less than IO' from edge of proposed sewer to
edge of the water line. If this was a public sewer, Denver Water would be able to review the plans prior to
any construction and advise the engineer that a 9' separation at a depth of20' is unacceptable and to move
the sewer away form our conduit or pay to move the conduit
There is more than just a concern for the integrity of our conduit, there is also a concern for the safety of
the workers. The water line is under pressure and in the event of soil mov e ment during the excavation and .·
construction of the sewer tap, they could be in danger.
Our recommendation is to look for an alternative method of supplying sewer service to the property.
Jf·~/
Tony tozzella
Construction Inspector
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ATT. 3
SUPPLEMENT NO. l.!::f...::L TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk , hereinafter
called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties, Colorado , hereinafter called the "District,"
WITNESSETH:
WHEREAS, on the 2oth day of June, 1961, the City and the District entered
into an Agreement in which the City agreed to treat sewage originating from the District's
sanitary sewer system within the area served by the District , which Agreement was most
recently renewed by Connector's Agreement dated November 16 , 1988; and
WHEREAS, said Connector's Agreement provides that the district may not
enlarge its service area without the written consent of the City;
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein set forth , the parties agree as follows:
1. The City hereby consents to the inclusion of certain additional area
located in Arapahoe County, Colorado , owned by Joanne K.B. Sender and more fully
described on Exhibit A attached hereto and incorporated herein by reference , into
Southgate Sanitation District. The City agrees that said additional area may be served with
the sewer facilities of the District , and that the City will treat the sewage discharged into the
City 's trunk line from said additional area, all in accordance with the Connector's Agreement
dated November 16 , 1988 . Accordingly , Exhibit A referred to in Paragraph 1 of the
Connector's Agreement dated November 16 , 1988, is hereby amended to include such
additional area .
2 . Each and every other provision of the said Connector's Agreement
dated November 16 , 1988, shall remain unchanged .
IN WITNESS WHEREOF, the parties have se t their hands and seals this
__ day of . 19_.
ATTEST:
CITY CLERK
(SEAL)
~T;;T~ ), by . ''--
ECRETARY
(SEAL)
CITY OF ENGLEWOOD
By :----------
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
Byr;J;L~
PRESIDENT
EXHIBIT A
(Legal Description)
The West 1/2 of Block 280 ,
South Denver Gardens ,
County of Arapahoe,
State of Colorado
A TT. '-/
Doctor of Chirop ractic
1660 Tower • Suite 618 • l 6t/J South Albion street • Denve r, Colorado 80222
Jul y 3 0, 1999
Englewood Water & Sewer Board
City of Englewood
Stewart H. Fonda
Director of Utilities
3400 S Elati Street
Englewood, Co 80110-2304
Phone 757-6733
re : request for reaffirmation and permission to graze two horses
Dear Board Members:
I received the certified letter over Mr. Fonda 's signature rescinding my access to
Englewood's vacant property south of Mclellan reservoir. I have moved the horses from
hanns way during storm drainage construction.
I understand your concerns as the nature of the area is changing toward more
de velopment and traffic from rural undeveloped ground . This may present more hazards
particularly south of Plum Valley Lane.
However, since Mr. Jensma, your resident land manager in the late 1960's, gave
me permission to graze a couple of horses on the dry land range I have kept the area
fenced to keep horses in and unauthorized people out. E xcept to ride the fences , we have
not utilized the goodwill in any other way since your communication about 25 years ago
to not allow additional uses , even bicycles in the area. Early on the only incursions were
by cattle from Mr. Phipps. herd breaking through to water and green grass .
There is the advantage of weed control by grazing, fencing to define the area as
private, and.re-fertilization of the native grasses and additional management of the vacant
ground .
I therefore , request written permission from the Englewood Water and Sewer
Board to allow me to graze two horses on the portion of pastureland East of Highlands
Ranch Boulevard (Lucent Boulevard?) and N orth of Plum Valley Lane as e xtended,
consisting of about 5 acres . I will continue to maintain it fenced and not overgrazed. I
will continue to keep liability insurance in the amount o f $2,000 .0 0 in force and add
Englewood to the policy as necessary .
CC1ially,
\&<,v~ \?(JlQ_s ~
Robert S. Ohlson
MEMORANDUM
To: Stu Fonda, Utilities Director
From: John Bock, Utilities Manager of Administration (fi>
Date: August 10, 1999
Subject: Land Acquisition from Arapahoe County
A IT. 5
Earlier this year the Distribution Division ask me to locate a site for a fire hydrant
on S. Raritan St. I located a parcel owned by Arapahoe County (see attached
legal survey). This parcel was originally acquired by the County for drainage
way I green belt purposes.
When I inquired at the County about the possibility of obtaining an easement for
the fire hydrant, the County responded by asking us if we would like to take
ownership of the parcel. Arapahoe County is trying to divest itself of its small,
miscellaneous properties, like this one . This is how we acquired the small
parcel from the County at 3695 S. Bannock St. for a gate on City Di~ch.
I check with the Public Works Department to see if there is any reason why we
would not want to own this parcel , and they told me that they didn 't see any
reason why we shouldn 't acquire the parcel. I had UNCC (the underground
utility locate center) come out and mark all underground utilities. There are no
conflicts with buried utilities in this site.
It is our recommendation that we acquire the parcel from Arapahoe County.
Printed on Recy c led Pa per, &
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BOUNDARY SURVEY
A PORTION OF THE SOUTHEAST QUAR TER OF THE SOUTHWEST QUARTER OF SECTION 28,
TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN
CfTY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
!LINE
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SHEET 1 OF 1
BEARING !DISTANCE
N 00"20'00" W j 49.92'
S' 6870'00" E -145 .43'
s 51·4o'i1" w 153 .45' -
LEGAL. DE8C8IP110N
A PARCEL OF Lf,ND LOCAT£0 IN T11E SOUlHSAST QL;J>RfER OF THE SOUTHWEST QUARTER
or SECTION 28. TOWNSHIP 4 SOL!TH, RANGE e8 WE:ST OF 1HE 6TH PR INCIPAL MERIDIAN,
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOC. STt. T[ OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
L:OMMENCING AT THE 50U1hWEST CORNER OF iHE SOUTHEAST QUARTER '.)F THE SOUTHWEST
QUARTER OF SAID SECTION 211 ; 1HENCE NORTH e2 ·39 '54• EAST, A DiSTi..NCt OF 774 .40 FEET
TO A POINT ON THE EAST RIGHT-Of-·WAY OF RARlrAN STRErT, .• .. '3 RECORDED :N BOOK 2352
AT PAGE 330, IN THE OFFICE OF T.JE ARAPAHOF. COUtHY CLrnl<. AND RECORDER, SA li)
BOOK 2871
754 ·~ FENCE COR 1.6'
POI NT ALSO BEING THE TRUE POINT OF BEG'NNING;
TiiENCE NORTH 00'20'00" WEST. Al ONG SAID EAST RIGHT-OF-WA·r. A DISTANCE OF 49.92
FEET. TO THE SOUT.JERL '( RIGHT-or-WA.~ Of A NO NAIA[ STREET . RECWDED IN ElOOi< 2352
AT P AGE 330, IN THE OFFICE OF THE A.RAPAHOE COUNTY CLERV. AND RECORDER ; THENCE
SOUTH 68"20'00" [AST, ALONG SAID SOU-:HERU RIGHT-OF-WAY, A DISi'AN Cf. OF 45 43 FEET.
TO THE NORTHERL y CORNER or THE PRO PERTY RECORDED 11" RECEPTION NO . t. 71 2 7208,
Fil.ED FOR RECORD !N n-iE OFr"iCE OF THE .ARAP.O.H0£ CUUNTY CLERK AND RECORDER.
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1. DAT<: OF FIELD WORK MA Y 10, 1993.
2. BEARI NGS ARE BASED UPON THE SOUTH UNE OF ThE
SOUTHEAST QUARTER OF TrlE SOUTHl'IEST QUARTER or
SECTION 28, BEING NORTH 90"00'00' EAST.
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• FOl!ND PIN/CAP AS S!-iOVIN .
0 SET NO . 5 REBAR \'flTH CAP LS NO 9329 .
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FOUND QUARITR CORNER AS SHOWN.
FOUND 1/16TH CORNER AS SH~WN .
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BOOK 167 4
P AGE 7 2 1
F[NCE COR 1.6' \ S/O &2.3' w/O
\PROF. COR ..
I FOUND_J'.IN /CAP I i LS NO . 9010
s ----------·~ I
THENCE SOUTI-< 51'4()'11" WEST, ALONG THE ~ORTHWES T L!l~E' Of-THE PROPERTY
5e< I ,~,,,,,,,.:,r ?, 4 ~2., .. -f-. DESCRIBED 1N THE LAST S./o.ii) RE CEPT ION NUMf:IER, A Di5 T ANCE OF 53.45 FE.t:T. TO THE
(li'.:c . i'fy"';JcJ f \ ' -,
TRUE POINT OF BEGINN ING
· lio ·io~~ \ I /O~ SAID PROPERl'Y CONTAINS i.os-. SQUARE FE.ET OR 0.024 ACRES MORC or; LES S.
'>1<.> _ ""·~~-·· "*Ge 2_:Js2"--
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SO. FT . OR
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PAGE 515
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F'QUND PIN/CAP I
/'LS NO . 9010 1
145 .0 0'(R) ~/ 170.QO '(R) I
(REC . NC 1-7127208) __ .J_eK 2561 , PG 515) ,
N 89"59'34" E 144.97'(C); S 89"59'38 " f 170.26'(C)
IN ACCQRD AN CE i'sffh CRS 13-:.8Q-105 3
~ ACCORDING TO COLORAOC LAW YOU MUST COW.!E"lCE
AN Y LEGAL AC TI ON B ASED UPON ANY DEFECT IN 'THIS SURllfY
\'l!THIN THREE YEARS AffiR YOU FiRST DISCOVER SUCH Offt:CT.
IN NO EVENT, ~<AY ANY Ac·noN BASt:i) UPON ANY DEFECT IN
THIS SURVEY Bi: COMMENC""r.0 MORE THAN Tm YEARS FROM lHE
OA TE OF THE CERTiflCA '!iON SHOWN HEP.EON". --
liQlliL
ANY PERSON WHO t<NOVllNGL Y REMOVES. ALTERS OR Off ACES ANY
PUBLIC LAND SURVt:Y MONUMENT, OR LAl'ID BOUN:lARY MONUMENT uR
ACCESSORY, CO MMITS A CL ASS 2 MISDEMEANOR PUR$UANT TO ST A TE
STATUTE 18-+-508 C.R.S.
~~QERTFK;AIE
OEPOSI rrn THIS DAY OF--·---. 19_' Ar .. -.>A ,,
iN BOO!< Of T11E COUNTY SUl<VEYOR'S LANu '5URV£V
Pi..ATS/RIGrlT-OF-WAY SUR ';lfY'S AT P AGE .• _._, RECEPTION NU Mt'lfR
~WS cam=JCAIE
834.73'(M) 834 .99 '(R) (BK '.!561, PG 515)
VA i c: 0 I N Qff8Q'QQ'.'.....\L_ A'JC 1 ~ ..,. I '" 4QO'.! M 40.00 .(R) r=
$. UN [ SE 1 ,17:-sw 1/'4 SEc-:-28 ----· ~
Uli..~
I, O•JWA YNf. !II.. PH1LL:PS, A REGiSlERED L AND SUP.'.ttYOR IN THE
Sl'A':'E OF COLCRAOO, 00 Ht::R£.BY STA TE rr<Al DURING THE MC'NTH
m· MAY. 1999, /.. SURVEY OF THE PRC>PERTY HEREON REPRESENTED
WAS ~AD£ l!NC>ER A.fr DiRECT RESPONSIBrurr. SIJPERVlSl(l!I; I .NI)
CHECl<lNG; 1HE BOUNDARY CORNERS W(RE MARt<EC AS SHOWN; Jo.ND
THAT 80Tr! SURVEY AND PLAT ARE THUE AND A~<;7.U5A TE TO THE
N 90'00'00" E -·--1 3 17 .~
BASIS OF BEAFllNGS
R(V,lol()HS
ROCKY l.IOU NTAIN COl4S!JlTAHTS , INC.
CML Al'W (NV'JIO!'lolE>fT"I, ENGINEEJilliC • PLAN HlllG
IJAii• Qet12/"9 .ID N1 2:.a.GU.00 VRJ
PRO.,£rt. P.\~V(Y\1¥J...ll:Tl:\l'8:5201:',\7""f'A li..D\JG
1~r
I
T4S, R68 W, 6TH P.M.
=tmc
8JUI L Prentice A ...
Suite 1C 1
~wood. co "° 11'
(JQ J ) 74 1-GOOO
FAX (303 ) 74 i-610E
BEST or MY KNOWLEDGE AND BELIEF ,,~•''''',',, ::/:~("'~
~~,·.'")·':(>~·;·~·tr)':'
;(} _ /l'-~~:.-\~~ . ~?; :~~ ~Jtj~~f ~J '~~;}__
DuWAYN E M PS /t:;§
FOR ANu ON ~Lf OF ... :~/
F<'OCY-Y ~l:)UNTAtli{~~~· INC.
L S. ~j(I, 9.329 ~Hllllll"~'~
MEMORANDUM
To: Stu Fonda, Utilities Director QA
From: John Bock, Utilities Manager of Administratrf?O-J
Date : August 10, 1999
Subject: Maintenance Agreement for Viking Dr.
A TT. C£J
The City of Cherry Hills Village is about to accept ownership of the here-to-fore
private water main in Viking Drive just east of S. Clarkson St. (see attachments)
All but two of the property owners on Viking Dr. have signed the appropriate legal
documents to transfer ownership to Cherry Hills Village. Cherry Hills Village did
have all of the signatures, but two of the homes changed owners, and the
documents have not been recorded at Arapaphoe County as yet, so they will
need to acquire those last two conveyances . Their City Manager, Cheryl Bonn,
anticipates no problems in acquiring the conveyances.
The Cherry Hills Village City Council has passed a resolution to accept
ownership of the main contingent upon all of the property owners conveying
ownership and Englewood agreeing to maintain the main. When all of this is in
place, they will assume ownership.
The water main has been evaluated and accepted by our engineer. We
recommend inclusion of this water main in our service contract with Cherry Hills
Village.
Pr inted on Recycled Paper,~
2450 E. Quincy Avenue
Cherry Hills Village , CO 80ll0
June 24, 1999
Mr. John Bock
City of Englewood
3400 S Elati Street
Englewood, CO 80110
Dear John :
CHERRY HILLS VILLAGE
COLORADO
• .,...,.-....,.-nt er
03-7 89-2541
FAX 303-761-9386
Thank you for your assistance last week concerning the anticipated consolidation of the Viking Drive
water line into Englewood's Water Service Contract with the City of Cherry Hills Village. The City
Council of the City of Cherry Hills Village will consider acceptance of the water line at the July 20, 1999
Council meeting. If approved, Cherry Hills Village will assume ownership at that time, contingent upon
the above-referenced contract being amended by both the City of Cherry Hills Village and the City of
Englewood.
Please provide me with a copy of the proposed addendum to the contract. I am enclosing the legal
description you requested for an exhibit to that addendum. I appreciate all of your help, and look
forward to the completion of this project.
Sincerely,
c~~crn~
Cheryl M. Boin'""
City Manager
cc: Ms. Erin Smith, City Attorney
EXHIBIT A
1 Viking Drive Lot 1, Harper Subdivision No.2
2 Viking Drive Lot 12, Harper Subdivision No.2
3 Viking Drive Lot 2, Harper Subdivision No.2
4 Viking Drive Lot 13, Harper Subdivision No.2
5 Viking Drive Lot 3, Harper Subdivision No. 2
6 Viking Drive Lot 14, Harper Subdivision No. 2
8 Viking Drive Lot 11, Harper Subdivision No. 2
10 Viking Drive Lot 15, Harper Subdivision No . 2
12 Viking Drive Lot 10, Harper Subdivision No. 2
14 Viking Drive Lot 16, Harper Subdivision No. 2
16 Viking Drive Lot 9, Harper Subdivision No. 2
18 Viking Drive Lot 7, Harper Subdivision No. 2
19 Viking Drive Lot 6, Harper Subdivision No. 2
20 Viking Drive Lot 8, Harper Subdivision No. 2
22 Viking Drive Lot 17, Harper Subdivision No.2
\
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MEMORANDUM
To: Stu Fonda, Utilities Director
From: John Bock, Utilities Manager of Administration OJ
Date: August 10, 1999
Subject: Adam Mulledy, 3697 S. Grant St.
ATT. 7
It has come to our attention that the house owned by Mr. Mulledy encroaches
into the City Ditch right-of-way (see attached legal survey). The area of the
encroachment is 11 square feet. Mr. Mulledy was not aware of this situation
when he purchased the home.
It is our recommendation that the City of Englewood quit claim the area of the
encroachment to Mr. Mulledy to clear his title.
A precedent for this type of action was set in the Giesen case.
Pr inted on Recycl~d Paper,~\
·-'
LEGAL DESCRIPTION
A Parcel of land, located in a part of the Northeast Quarter of the Northwest Quarter of Section 3,
Township 5 South, Range 68 West, of the Sixth Principal Meridian, City of Englewood, County
of Arapahoe, State of Colorado, being more particularly described as follows;
Commencing at the Northwest comer of the Southwest Quarter of the Northeast Quarter of said
Section 3; Thence North 78°48'55 11 West, a distance of 358.99 feet; Thence South 89°07'35 11
West , a distance of 5.95 feet, to a point on the Southerly Right-of-Way of the City Ditch; Thence
South 74°49'54 11 West, along said Southerly Right-of-Way, a distance of 18. 70 feet, to the
intersection of the said Southerly Right-of-Way and the Northerly line of a building on the
property recorded in Reception Number 193084, in the Office of the Arapahoe County Clerk and
Recorder, said point also being the True Point of Beginning;
Thence along said Southerly Right-of-Way, along the follo w ing two (2) courses;
1.) South 74 °49'54 11 West , a distance of 5.61 feet;
2 .) South 65 °07'08 11 West , a distance of 3.70 feet , to the Westerly line of said Building;
Thence North 00°50'18 11 West, along said Westerl y Building line, a distance of2.99 feet; Thence
North 89 °44'3 l" East , a distance of 8.82 feet , to the True Point o f Beginning.
Said Parcel of land contains 11 square feet.
The Basis of Bearings was formed betw een two found monuments on the North line of the
So uthe a st Quarter of the N orthwest Quarter of said Section 3, being N orth 89 °07'35 11 East.
EXHIBIT
LOGAN <25.)/ <30.) STREET \
~woc~R._s_w_1 _;4-.-N-E-1 ;-4--.--~--_, J 5 \E cOR, sw 1/4, NE 1/4 ..\
SEC. 3 T5S, R68w, 6 TH PM SEC . 3 T5S, R68W, 6TH PM ~iu~~PNo. 5 REBAR Q / FOUND No. 5 R~~tR
(t') w ; ,-, ,_,
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SCALE: 1 "= 50'
4
CITY DITCH
I
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__ 75.9'(R)\ _ J _5o'(R) __
~'sK 754 PG. 40' ~
LINE BEARING
L 1 S 89'07' 35" W
L2 S 7 4·49'54" W
L3 S 7 4'49'54" W
L4 S 65'07'08" W
L5 N 00'50'18" W
L6 N 89'44'31" E
T.P.0.8
AREA=
11 SQ. FT.
DISTANCE
5.95'
18.70'
5 .61'
3.70'
2.99'
8.82'
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THIS EXHIBIT DOES NOT REPRESENT
A MONUMENTED SURVEY. IT IS ONLY
INTENDED TO DEPICT THE A TI ACHED
DESCRIPTION.
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/ T5S, R68W, 6TH PM
FOUND ALUMINUM
CAP ON PIPE
ROCKY MOUNTAIN CONSULTANTS, INC . SHEET 2 OF 2 ILLEGIBLE
8301 E. Prentice Ave . Suite 101 Englewood, CO 80111
Legal 1.dwg
JOB NO . 2882.010.00 DATE 05 12 99 VRI
(303) 741-6000 FAX (303) 741-6106
REVISED
A TT,, 8
ADULT COMMUNITY
8201 South Santa Fe Drive, Littleton, Colorado 80120 • Phone: 795-0777
July 21, 1999
Mr. Ron Loser
Brega & Winters
1700 Lincoln, Suite 2222
Denver, CO 80203
RE: Right-of-way for City Ditch
Dear Ron,
A new survey and legal description was recently completed by Timberline Surveying,
Inc . for purposes of "refining" the description of the existing City Ditch right-of-way
through Wolhurst; this survey relates only to the portion of the ditch which lies in
Douglas County.
As we have discussed, the purpose of this is to define the right-of-way as being 50'
wide, with 15' to the west of the existing underground pipe and 35' to the east. The
new survey and legal description appears to do that.
My understanding is that we are simply trying to more precisely describe/define the
existing right-of-way. Once that is done, then the City of Englewood indicates that it
will grant an updated "license" agreement that permits our entrance road to cross the
right-of-way and specifies other permitted and not permitted uses.
Please review the enclosed documents , and then coordinate getting the process
completed with the City of Englewood , which handles this portion of the ditch for the
Denver Water Board. Our contact with City of Englewood is Bill McCormick, who can
be reached at 303-762-2652.
I don't believe we have any points of contention, so I believe our goal is just to get
the process completed.
Thanks for your assistance; please give me a call if anything needs to be discussed.
~ards,
~
cc: Bill McCormick, City of Englewood
ADULT COMMUNITY
8201 South Santa Fe Drive, Littleton, Colorado 80120 • Phone : 795-0777
July21 , 1999
Mr. Bill McCormick
City of Englewood
3400 S. Elati Street
Englewood, CO 80110-2304
RE: City Ditch right-of-way through Wolhurst
Dear Bill ,
After much effort , I finally have a new survey and legal description of the Douglas
County portion of the City Ditch right-of-way through Wolhurst. I have enclosed
copies of these documents , which show a 50 ' right-of-way with 15 ' to the west of the
existing pipe and 35 ' on the east. My understanding is that Timberline Surveying,
Inc. coordinated locating the existing pipe with your staff.
I have asked our attorney, Ron Loser of Brega & Winters, to contact you to make
sure we properly complete this process , including getting a revised license
agreement. Please work directly with Ron when he contacts you .
Thanks for your continued assistance in getting this seemingly endless task
completed !
Sincerely ,
,'
.~n ~~nr·r~I, Ass 't ec.
~ rosY.1'rega & Winters
.. 1-~
zu
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31
A
TIMBERLINE SURVEYING, INC.
Land Surveying end Construction Staking
7444 W. Chatfield Ave. Unit E
Littleton, Colorado BO 123
(303) 971-0955 fax 971-0895
PART OF SECTION 5, T 6 S, R 68 W, 6TH P. M.
COUNTY OF DOUGLAS, STATE OF COLORADO
SW COR SEC 32
FOUND 3 1 /4• ALUM CAP S~~JHfsLSM~~~8RtC. FILED
11-29-95
Sec.
32
CENTERLNE
EXISTING PIPE
99115
7-10-99
SHEET 2 OF 2
T 5 S, R 68 W I sa9·54'18"E ARAPAHOE COUNTY . :,~:tCATE4 ·; -...
Sec.
6
T 6 S, R
Sec .
6S . w -. . . DOUGLAs-couN·TY.-;--Y"r"T">....r-
. ·=w 5 NW COR SEC 5
o -;f) FOUND 3 1/4" ALUM CAP
~I <a COOT, PLS 25384 1 s.o' ~ :"" MATCHES MON. REC. I"): 0 FILED 11-29-95 Nao·2 •
.z a 54"w-
• 7 66 -..J I 492.36 ------------..:47' ------t----i---sss·o6;-3Q-w POINT O~--L6
. BEGINNING
BOUNDARY
WOOLHURST PARK
W 1/4 COR SEC 5
FOUND 3 1/4• BRASS
CAP SLM MATCHES
MON. REC. FILED
11-29-95
CURVE
C1
C2
LINE
LENGTH
94.22
112.03
(/) I
-..J I
I
I
L1
L2
L3
L4
LS
L6
I
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S 1/4 COR SEC 32
35.0' FOUND 2 1 /2" ALUM
CAP ILL. MATCHES
MON. REC. FILED
, 1-29-95
LINE TABLE
LENGTH BEARING
106.90 N18'25'45"E
132.69 N21·53•37"E
52.22 sa9·54•1 a"E
131.96 s21·53•31-w
97.55 S1 a·25'45-W
50.61 N80'28'54•w
CURVE TABLE
RADIUS CHORD CHORD BEARING
136.42 92.36 Noo·1 o'33"E
186.42 110.35 NOS01'33"E
---TIMBERLINE SURVEYING, INC.
Lend Surveying and Construction Stoking
7444 W. Chatfield Ave. Unit E
Littleton, Colorado 80123
(30.3) 971-0955 fox 971-0895
A PART OF SECTION 5, T 6 S, R 68 W, 6TH P. M.
COUNTY OF DOUGLAS, STATE OF COLORADO
LEGAL DESCRIPTION:
A STRIP OF LAND LOCATED IN SECTION 5, TOWNSHIP 6 SOUTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUN1Y OF
DOUGLAS, STATE OF COLORADO, THE CENTERUNE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5;
THENCE S01"26'51 "W ALONG THE WEST LINE OF SAID SECTION 5, A
DISTANCE OF 332.40 FEET; THENCE N85'06'3o·E, A DISTANCE OF
492.36 FEET; THENCE S80'28'54"E, A DISTANCE OF 166.47 FEET
TO THE POINT OF BEGINNING; THENCE N18'25'45"E, A DISTANCE OF
106.90 FEET; THENCE N21 '53'37"E, A DISTANCE OF 132.69 FEET
TO A POINT OF CURVE; THENCE ALONG THE ARC OF SAID CURVE
TO THE LEFT, AN ARC DISTANCE OF 94.22 FEET, SAID CURVE
HAVING A RADIUS OF 136.42 FEET AND A CHORD THAT BEARS
N00'10'33"E, A DISTANCE OF 92.36 FEET, TO A POINT ON THE
NORTH LINE OF SAID SECTION 5 AND A POINT OF NON-TANGENCY;
THENCE S89'54'18"E ALONG THE NORTH LINE OF SAID SECTION 5,
A DISTANCE OF 52.22 FEET TO A POINT OF CURVE; THENCE ALONG
THE ARC OF SAID CURVE TO THE RIGHT AN ARC LENGTH OF
112.03 FEET, SAID CURVE HAVING A RADIUS OF 186.42 FEET AND
A CHORD THAT BEARS S03'01 '33"W A DISTANCE OF 1i0.35 FEET;
THENCE s21·53'37"w, A DISTANCE OF 131.96 FEET; THENCE
S18'25'45"W, A DISTANCE OF 97.55 FEET; THENCE N80'28'54"W, A
DISTANCE OF 50.61 FEET TO THE POINT OF BEGINNING.
99115
7-10-99
SHEET 1 OF 2
MEMORANDUM
To: Stu Fonda , Utilities Director
From : John Bock , Utilities Manager of Administration~
Date : August 10 , 1999
Subject: Telephone Answering System
In an effort to protect the Utilities Department's office staff from
abusive calls , I am requesting the installation of a telephone
A TT. 9
answering system . This system is similar to those used by companies such as
Public Service , Airtouch Celular and U.S . West.
All calls coming in on our general line (extension 2635) would first hear a
message telling them that all calls are monitored or recorded for statistical and
quality assurance purposes. It basically tells the customer that if they are rude,
they run the risk of being monitored or recorded . The intent here is that (we
hope) this possibility will subdue the irate customer. At this point we do plan on
recording the calls , although Dan Brotzman tells me that we are obligated to,
even if we tell people we are doing it.
I have already checked with Information Technology about this . They checked
with our telecommunication provider and found out that the hardware is already
in place . All we would need to do is install the software . The recording
equipment would need to be purchased .
Pr inted on Recyc le d Paper.@
• AT/. 10
•
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Ci °' -c --V) r w 0 N c H en ct.
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Picnic 0 0 0 0 CJ CJ ·-·--·-·--Friday -·-
August 20, 1999
11 :00 a.m. to 3:00 p.m.
Cushing Park
SNO-GAMES
CONES
Families Welcomel
-~
1!_
•
_/ll.emo tanJ um
TO: All City Boards and Commissions
FROM: Pauletta Puncerelli, Public Information Officer
DATE: August 3, 1999
SUBJECT: Tent Talk Ice Cream Social
You're invited to a special event so the City can say "thank you" for all you do.
On Monday, August 23 , the City will be hosting a Tent Talk Community Meeting
and ice cream social at Cushing Park , 795 W Eastman. The idea of our Tent Talk
meetings is to pitch the City's tents and give citizens the chance to chat with Council
Members and City staff about the City's programs , services and projects .
But this Tent Talk will be extra special. As part of this community ice cream
social, the City will acknowledge its boards and commissions for their service in
shaping Englewood City Government. We hope you and your family can join us for this
informal "thank you" and end-of-summer celebration.
The event will also feature a sneak peak of some of the cultural arts attractions
being planned as part of CityCenter Englewood. So , mark your calendar for Monday,
August 23 and join us for ice cream, cultural arts and a special "thank you."
"A TENT TALK SPECIAL TREAT''
Community lee Cream Social
Monday, August 23, 1999
Cushing Park
795 W. Eastman
6-8 p.m.
o Ice cream sundaes
oCity displays
o Chatting with Council and staff
o Highlights from the Museum of Outdoor Arts
o Special performance by the David Taylor Dance Theatre
o"Thank you" to Englewood Boards and Commissions