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HomeMy WebLinkAbout1999-04-20 WSB AGENDAAGENDA ENGLEWOOD WATER AND SEWER BOARD APRIL 20, 1999 5:00 p.m. CONFERENCE ROOM A 1. MINUTES OF THE MARCH 9, 1999 WATER AND SEWER BOARD MEETING. (ATT. 1) 2. SOUTHGATE SUPPLEMENTS #143 (ATT. 2) 3. LETTER FROM ED SCOTT DATED MARCH 8, 1999 RE: McLELLAN RESERVOIR PROPERTY. (ATT. 3) 4. DENVER POST AND ROCKY MOUNTAIN NEWS ARTICLE OF MARCH 31, 1999 RE: GOLDEN WINS FIGHT OVER WATER. (ATT. 4) 5. OTHER. WATER AND SEWER BOARD MINUTES MARCH 9, 1999 AT/. I 1. MINUTES OF THE FEBRUARY 9, 1999 MEETING. The Englewood Water and Sewer Board Minutes from the February 9, 1999 meeting were approved as amended. Ms. Bradshaw moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. To approve the February 9, 1999 Englewood Water and Sewer Board Minutes as amended. Clark, Higday, Cassidy, Otis, Vobejda, Bradshaw None Habenicht, Burns 2. LICENSE AGREEMENT -3701 S. LOGAN. The First Church of Christ, Scientist located at 3701 S. Logan submitted a License Agreement to maintain the pavement over the City Ditch for a parking area and to provide an ingress /egress entry. The City Ditch segment to be paved over is located at the southwest corner of Logan and Kenyon and runs through the north portion of the Church's property. Mr. Otis moved; Mr. Vobejda seconded: Ayes: To approve the License Agreement for the First Church of Christ at 3701 S. Logan to maintain and pave over the City Ditch for a parking area and ingress /egress entry. Clark, Higday, Cassidy, Otis, Vobejda, Bradshaw Nays: None Members absent: Habenicht, Burns Motion carried. 3. VALLEY WATER DISTRICT. The Board received a letter from Chips Barry of the Denver Water Board noting that Denver has no objection to Englewood's continued water service in the Valley Water District if Littleton takes over the district. Denver requested a legal description of the affected area so they can process the change in the contract service area. The Director of Utilities will meet with Littleton to negotiate an ag reement. Mr. Fonda will present the final agreement to the Board for approval. 4. WOLHURST LANDING LITIGATION. The Board received a copy of a letter from Andrew Nathan noting that Wolhurst Landing has rejected the City's requirement that any proposal eliminates any future City liability and has countered with a proposal to cap the City's liability at $25,000. It is Mr. Nathan's opinion that the proposal is not sufficient to prompt further settlement negotiations. Mr. Fonda will inform the Board of future developments. 5. ALLEN FILTER PLANT SCHEMATIC. The Board received a schematic of the water filtration process that is being incorporated in the Allen Filter Plant Expansion Project. 6. GRANT OF SEWER LINE EASEMENT -HIGHLANDS RANCH METRO DISTRICT. Centennial Water and Sanitation District has requested a grant of easement for initiating construction activities required for installing a 12-inch underground sanitary sewer main and above ground manholes to serve a portion of Highlands Ranch, including a 40 acre parcel owned by the City of Englewood (PA85). The proposed easement is a standard 30-ft. wide easement. The southerly boundary of the easement ends at the future Plaza Drive. The proposed 12" sanitary sewer line would go under C-470 and connect to an existing line constructed during the Highlands Ranch Blvd. interchange project and then tie into the Dad Clark interceptor line. The easement location was coordinated with THK, Englewood's McLellan land consultants. Mr. Higday moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. 7. CINDERELLA CITY. To recommend Council approval of the Grant of Easement with Centennial Water and Sanitation District for a 12" sewer line crossing at Englewood's McLellan Reservoir property. Clark, Burns, Cassidy, Otis, Vobejda, Bradshaw None Habenicht, Higday Councilperson Bev Bradshaw apprised the Water Board of the latest developments for the old Cinderella City site, now the Englewood City Center. The next Water and Sewer Board meeting will be March 9, 1999 at 5:00 p.m. in Conference Room A. Respectfully submitted, Cathy Burrage Recording Secretary Date April 19, 1999 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Southgate Supplement #143 STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their April 13, 1999 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #143. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of En glewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Bette R. McColley, for inclusion into the Southgate Sanitation District. Supplement #143 is for an area approximately 2.3 acres. The zoning per Greenwood Village is Residential for a single-family residence, with the proposed use to stay the same. The legal is attached as Exhibit A. The property is located north of E. Orchard Ave., south of Belleview and west of Colorado Blvd. in Greenwood Village. The address is 3900 E. Garden Avenue. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #143 SUPPLEMENT NO. 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," WITNESS ETH: WHEREAS, on the 20th 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 w ithin the area served by the Distr ict, 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 w ithout 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 Bette R. McColley and more fully described on Exh ibit A attached hereto and incorporated herein by reference , into Southgate San itation District. The City agrees that said add itional 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 . According ly, Ex hibit A referred to in Paragraph 1 of the Connector's Agreement dat ed November 16 , 1988 , is hereby amended to include such additional area . 2. Each and every other provision of the sa id Connector's Agreement dated November 16 , 1988 , shall rema in unchanged . IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of , 19_. ATTEST: CITY CLERK (SEAL ) ATTES~: .f , ~~f!VT'--SECRETARY ,· u {S_EAL) . . CITY OF ENGLEWOOD By : ________ _ MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By~~ PRESIDNT EXHIBIT A (Legal Des~ription) The East% of Block 279, South Denver Gardens, County of Arapahoe , State of Colorado I . I 1d1-A 1ok-A 11-t Ii 000 ii ~viLLAGE----. i 13 1 , i I _l I I II .I Ii I I •4. -------·1 --- 1 I , SIEllflA Jy15 I A I I I I I ___ J -------.. 'i l : osl~~il / .. ' : -. \ r ~, !! I :/ J -: •• I .. , . ..· . I I I I I J l l j ~ L f 1 ::__;--4 //~I } P!ttASAtl j ktU It -! . ·1 " " 1 \ \ r (( ~~-.. I ... I . \ "-, ·,' -' -~---. --1 - ,-,... s IT Ii : • \ ~ I . UL .. I llL f_~~- 1 i .. i,, . . I U•"-'~ ;-:.;; ::.:.. ,,, I L ... ----~ --... -_: ___ . --. ~ -.. ··------------________ J. -----·-------~-----·---------. -----. . _t_\ ___ -, _____ ·--------- ED SCOTT 7512 W. Ottawa Place Littleton, Colorado 80128-4417 (1 ~ ,/ ~ Telephone 303-979-3610 ~ . r f-1 The Honorable Tom Bums, Ma/o'r Englewood City Hall 3400 South Elati Street Englewood, CO 80110 Dear Mayor Bums: March 8, 1999 As the prime -mover in Englewood's effort to acquire land and build the reservoir later named Mclellan, I was delighted to see the recent Denver Post article . This purchase may pay off handsomely for the city. ,.. ~ ·-"\ ... . . _, ,,; ,,,, My 1955-1960 stint on the Englewood City Council included a concurrent post on the Englewood Water Board . For the final three years, peers chose me to be mayor . That would have been at least a four-year role, had l not been elected to the Arapahoe County Board of Commissioners in late 1960 . Happily, 1 was able to be of service to Englewood in that position , also . Ditto , four years later , during a term in the Colorado State Senate. As an Englewood High School graduate who had attended Lowell Elementary and Englewood Junior High , it was a thrill throughout those thirteen years in public office to be able to give something back to the community . Besides advocating quiet assemblage of the land (Moore & Co . was used) for water-storage purposes, I had the "pleasure" of individually signing each bond in the subsequent $1 ,000 ,000 issue . (After scribbling Edward S. Scott that many times, I was careful to register for subsequent ballot appearances as "Ed Scott".) "Bud" succeeded me at the head of the table. His only role in the launching was voting "aye," though--as I recall--the dam's completion occurred during his watch . When McLellan died a short time later, the lake was designated as a memorial to him. Rather than having received such an honor, I prefer still being around at age-70. Among other causes, I was able to trigger Englewood's move to become a Home Rule City and to spawn efforts to preserve land for park purposes on West Belleview and in other parts of town . As you continue to serve, I wish you and your colleagues well . And, here 's hoping the reservoir land proves to be a Bonanza! Sincerely, Ed Scott xc: Gary Sears, City Manager 3 MAR 3 1 '99 8 : 30 DATE TO COMPANY PHONE NO. FAX NO. FROM TOTAL PAGES FR OM MARTI N AND WOO D, I NC . T O 1 3 0 37 622 33 PAGE.001 FAX COVER SHEET •art!D &Dd Woad Watai" Couultants, Inc. 602 Park Point Drive • Suite 275 • Golden • Colorado • 80401 (303) 526-2600 Phone • (303} 526-2624 Five d-v-z-(~ d- IMPORTANT: IF ANY PAGES ARE MISSING "TO iHIS ~AX. PL£ASI': CAll. SENDER AT ABOVE NUMBER. ORIGINAL TO FOLLOW BY MAIL: DYES l3-NQ" COMMENTS: fJo.s t I r COPlESTO: ~··· • • • MAR 31 '9 9 8: 30 FR OM MART I N AND WOO D, I N C . T O 1303 7 62233 PAGE. 002 , ·fCoeJ<y f7&.A1~> 3/31/C/q ATT. L[ Golden wins fight over water Highcourtrejectsbid life..and-<ieathissue!orthedty." fuotofwaterwouldbeworthabout was using~ than it -\vas al- . Al stake Was tooghly euough $10,000 OD today'~ .IIl2rilet -if ·· lowed. · . ·byfourcitiesforrights -.:water -to serve ooe-fourth the thcrewereanyshm5ldttobuy. "Essentially they said the de - "" · city'spopulatiOn!or.ayCat: . Wcstminstez; ArYada, Thornton crees were ambiguous and we · llJ'GarJGertlanft ···: Iri a 41-Page Iuliiig lianded and Northglenn. along with the .~ ~ w:rtel;n : Hartman N~t:1~«w~.· downMonda.y,.theSupremeCowt F~ Reservoir & ~ s:ud. . .· ..... . ..._ · · The . c:laiin$ _ confu-med Golde.n's rights to UOO C.0-and the Farmer3 HighiiDe Ca-' . Porzak said the ruliDg is worth · ~ -• . ~ vic-acre-feet of water from Cle.zr . ml & Reservoir Co ., all down· ~ of~ to Goldai· and ; tory m keeping ~·to .more Creek and remanded the .ase to stream~suedG<lldeninl995 · couldfurcetheother®esto.tind-. than $11 million worth of water · tbe-m:ten::ourt. . saying the city's rights should be their own soun:es of water if,~-, .. from Clear.et:eeJc. ~four~"._· "We only · use ·a ~at limitedto276aae-feet. . wanttocontinuetogrow: .' ··•• ·:-·:r' and two ~tion .. C!>Illparues . the · allotment. any.w:iy, .because "We appropriated this Wat.er in Jan Dexter Blunt.. Thoniton . · baveargued over rains and otMr water sourtcS art the ·early 1950s to replace water spola5wornan, said the ruling has :· JEFFERSON for!ouryears. down the need." said GQlden pub-we rouldn't rely on from other bttli remanded to the water murt . COUNTY . "<!OJden. f~!.s lie wurks director Dan Hartman. sourres," Hartman said. "It is from and there are a number <:t wa}'S ~ vmdicat~ 1~ .has ''But in pe.ak usage periods be-senior Irrigation water. rights we interpretit. ~ ; . • won_ this li~-twttn May and Septembei; it does converted from agricultural to · "I think Gol~n is ~·in tion ma its w;ate.r rights rem.am supply a high percentage af the municipalusage." dedaringvictory,"shcsaid_ . intK:t," said Golden ~ Jan city's needs." The rights of Golden were con--rhere still are ril3l1Y' ~ Schencic. · . · -· The rule o! thUm.b, Golden tinned by the water.court and baa · and this only afrects one of three "We didn't start this fight.. but water llltorney Gl£nn Porzak said. been in effect fW more than 40 water sourccs the city has, so even we bad to dcknd it witli all avail-isthat3familyoff0urusesan•cre-• ye.azs beb-e the cities aDd ~-if it is upheld, itsboul<ln't3ffectour able resources bec.ause this was a foot of water a ycai; and an acre-tion oompanies all~ Go14en'· ability to grow." ·, .:· .- ~ JI · ...... - ; .-. ·, :.1 ** T O T AL P A GE.002 ** COUNCIL COMMUNICATION Date May 3, 1999 INITIATED BY Utilities Department Agenda Item Subject Grant of Easement for Centennial pump station at Mclellan Reservoir STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Agreement between City of Englewood and Mission Viejo Company dated November 3, 1980. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their April 20, 1999 meeting, recommended Council approval of Centennial's proposed pump station at Mclellan Reservoir. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Centennial Water and Sanitation district is proposing construction of an additional pumping station to transfer raw water from the Mclellan Reservoir to their water treatment plant serving Highlands Ranch. The purpose of the proposed pump station is to increase the District's raw water transmission capacity from 22 mgd to 40 mgd. Centennial leases 65~of the storage capacity in Mclellan Reservoir from the City of Englewood. ( () The pumping station will be located on the southwest shore of Mclellan Reservoir adjacent to the existing spillway and will be fully enclosed in a masonry block building. The attached Grant of Easement is for a temporary easement for construction of the pump station, with a permanent easement to follow after completion. Englewood originally approved the pump station easement in their agreement of November 3, 1980 with Mission Viejo in Paragraph VII, 7.1 -Easements for Mission Transmission Facilities. The original agreement allows a "non-exclusive easements over, under and across any property owned or controlled by Englewood for the construction, operation, maintenance, repair and replacement of water intake structures, lines and facilities which are necessary or desirable for the transmission of water to be furnished under this Agreement from the points of delivery of such water to any water treatment plant or treatment plants serving Highlands Ranch." FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Grant of Easement -Mclellan Pump Station CENTENNIAL WATER AND SANITATION DISTRICT March 5, 1999 Mr. Stewart Fonda Director of Utilities City of Englewood 3400 South Elati Street Englewood, Colorado 80110 RE: New pump station at McLellan Reservoir Dear Stu: I'm writing to ask you to please write me back a letter indicating, hopefully, that Englewood has no problems with Centennial's proposed pump station at McLellan Reservoir. I will add your letter as part of the site development plan (SDP) package we will process with Littleton. A copy of the SDP is attached for your information. Additionally, John Smith, Centennial's lawyer, is sending Englewood our request for a permanent easement for the pump station site. I know you met with Paul Grundemann recently and, as I understand it, our design incorporates elements helpful to Englewood. We appreciate your help with our processing on this facility. Please call with any questions. Sincerely, jtt~~<-J_ William R. McLoud, P .E. Water Resources Manager Enclosure 990305.ds 62 West Plaza Drive • Highlands Ranch, Colorado 80126 • (303) 791-0430 • FAX (303) 791-3290 CENTENNIAL WATER AND SANITATION DISTRICT MCLELLAN PUMP STATION SITE DEVELOPMENT PLAN -NARRATIVE Project Description General: Centennial Water and Sanitation District (District) is proposing construction of an additional pumping station to transfer raw water from the McLellan Reservoir to the Joseph B. Blake Water Treatment Plant (WTP) serving Highlands Ranch. The purpose of the proposed facility is to increase the District's raw water transmission capacity from a 22 million gallons per day (mgd) to 40 mgd. The District presently uses a nearby pump station located below McLellan dam and in the future will use both pumping facilities. The station will discharge water to a new 36-inch transmission pipeline which will parallel an existing 24-inch transmission pipeline and convey water to the WTP forebay. The pump station is designed to allow Centennial to withdraw water from 2 levels of the reservoir. Centennial leases 65 % of the storage capacity in McLellan Reservoir from the city of Englewood. The proposed pump station will consist of the following components: • 24-and 36-inch intake pipel ines from the reservoir to the station; • 25 foot diameter by 50 foot deep wet well; • Four vertical turbine pumps, two electric motor driven and two diesel engine driven for emergency stand-by (initial installation) with space for two future pumps; • Supervisory Control and Data Acquisition (SCADA) system; • Masonry block building with standing seam metal roof; • Associated mechanical and electrical systems (contained within the 53' -4" x 57' -4" building footprint); and • Site access driveway. Site: The pumping station will be located on the southwest shore of McLellan Reservoir adjacent to the existing spillway and dam, see attached site plan. The site area is zoned agricultural (A-1 ). Drainage will be accomplished by grading the site to drain away from the pumping station in conformance with applicable erosion control requirements. Views of the proposed site from existing developments along McLellan Reservoir and County Line Road will be screened by several large stands of existing trees (see attached collection of photos). The only equipment visible in the pump station yard anticipated at this time will be the Public Service Company transformer, and air conditioning unit, and a diesel fuel storage tank whose visibility will be minimized. Access to the site will be from County Line Road to an existing gravel roadway passing along the southwesterly side of the pump station. Landscaping of the site includes restoring the site, as nearly as possible, to existing conditions and replacing trees removed during construction. All disturbed areas will be graded and seeded to match current vegetation. Architecture: The pump station will be fully enclosed in a masonry block building accented with decorative brick and a two tiered standing seam metal roof. Other visible surfaces will include ventilation louvers, skylights, and doorways . Colors for the block, brick, roof, and trim will be chosen to blend as closely as possible into the natural surroundings. SUMMARY TABLE Description Site Area Site Area Coverage Gross Floor Area Building Height Access Area Off-Street Parking and Loading Spaces Unobstructed Open Space Uses Enclosure 990304 .ds Area (ft-) or Comment 12,500 7,000 2,840 22' -9 Yi " 2,130 NIA NI A Pump raw water from McLellan Reservoir to Joseph B. Blake Water Treatment Plant. UAVIO I HAH!'< JOHN W .~MITH Ill EDWARD I. WALSH C!:-ITHJA A . CAl..X.ll'iS S7:'.V£N J . HAHi' I ,. I HAHN, SMITH & WALSH. P .C . A iTOll~l!T3 Al'iO COUN:Sl!LOllS 1\ 1 '6VZ::NTz::E:STH sn.EET 02NVP.Jt. COLOA. ... 00 !OZOl TEl.! PHONE )CJ ·l'-S -~21 J TELSCOl'IU l01 -l'l~-090£ FA.X TRANS1'IITTAL SHEET DATE: ..3 /( /'1 '7 TELEFAX NO : We are sending you 2 pages, including this cover sheet. ;r- If you do ~ot receive all of the pages or encounter any difficulties, please phone (303) 298-0221 . Thank you . nns TELEF A,\: M .. A y coi-.rr AlN ATTORNEY-CI .IENT PRJVllEGED MA TIERS OR OTHER CONFIDENTIAL INFORJ\.fA TION. IF YOU ARE NOT 11-iE ADDRESSEE, PLEASE DESTROY TILE TELEFAX AND CALL US. 1HANK YOU . GRANT OF EASEMENT Mclellan Pump Station THIS GRANT Or-AN EASEMENT ("this Grant"} is made this __ day of _ ... _ _ __ , 199 ___ by the CITY OF ENGLEWOOD. COLORADO a Home Rule City existing under and by virtue of the laws of the State of Color~do, ("Grantor"), whose address is 3400 South Elati Street, Englewood. Colorado 80110, to CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-municipal corporntion, ("Grantee"), whose address is 62 West Plaza Drive, Highlands Ranch, Colorodo 80126. The Parties covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Douglas. State of Colorado, more particularly described on attached Legal Description. Permanent Drainage Easement . 2. Consideration. As consideration of this Grant, Grantee shall pay to Grantor the sum of Ten Dollars ( $10.00) and other good and valuable consideration paid by Grantee, receipt of which is hereby acknowledged by Grantor. 3. Grant of Easement. Gran tor hereby grants to Grantee, its successors and assigns, an easement over, across and through the Easement Property for the purpose of construction and operation of a pump station . 4. Access. GrrJntee shall have the perpetual, right of ingress and egress, in. to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5 . Temporary Eas.em.ent. Grantor hereby grants to Grantee, and its successors and assigns, a temporary easement upon, over and across Grantor's adjacent property for use of Grantee, and its successors, assigns, agents, employees, tenants, guests and invitees, for construction of the pump station. Grantee will restore the surface of the Temporary EasemP.nt to the same condition it was in. as near as practicable, immediately prior to this Temporary Easement. 6 . Rights of Grantor. Grantor hereby reserves thP. right to use and enjoy the Easement Property for c:iny purposes which are not inconsistent with, and do not interfere with, the easement and rights hereby granted to Grantee, provided, however, such reservation by Grantor shall not include the right to erect or cause to be erected any buildings, structures, trees. or other obstructions on the Easement Property which would preclude, injure or mnke more difficult the exercise by Grantee of the ca5cmcnt and rights granted to Grantee hereunder. 7 . Abandonment . In the event that Grantee shall abandon the rights granted to it under this Grant, all right. title and i nterest hereunder of Grantee shall cease and terminate, and Granter shall hold the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and srructures of Grantee so abandoned. 8 _ Binding Effec t . This Grant shall extend to and be binding upon the he i rs, personal representatives , successors and assignees of the respecti ve parti es hereto. The terms, covencints ,. agreements and conditions in this Grant shall be construed as covenants running with the l and. IN WITNESS WHEREOF , the parties he r eto have executed this Grant of Easement the day and year first above written. ATTEST : .. ···--· Loucrishia A . Ellis, City Clerk STATE OF COLORADO )SS . COUNTY OF-----·----- Thomas J. Burns, Mayor This foregoing instrument was 3cknowledged before me this _day of __ _ 199 , by Thomas J . Burns as Mayor and Loucrish i a A. Ellis as City Clerk of the City of Englewood, Colorado. My Commission Expires : ___________ _ Notary Public -2- LEGAL DESCRIPTION PERMANENT EASEMENT A PARCEL OF LANO FOR A PERMANENT EASEMENT BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32. TOWNSHIP 5 SOUTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE. STATE OF COLORADO, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32 WHENCE THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS NORTH 89°47'40" EAST 2448. 92 FEET; THENCE NORTH 51°46'44" EAST 812 .38 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO ON THE NORTHEASTERLY LINE OF AN EASEMENT TO CENTENNIAL WATER AND SANITATION DISTRICT, Dt::SCRlBED JN BOOK 418. PAGE 403 , ARAPAHOE COUNn' RECORDS ; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 27°49'45" EAST 64 .86 FEET; THENCE SOUTH 62°10'06" EAST 133 .33 FEET: THENCE SOUTH 27°49'02'' WEST 29 .06 FEET; THENCE SOUTH 17''10'32" EAST 96 .68 FEET TO SAID NORTHEASTERLY LINE ; THENCE ALONG SAlD NORTHEASTERLY LINE NORTH 53°00'00" WEST 204 .32 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0 .276 ACRES (12,042 SQ . FT.), MORE OR LESS. EXHIBIT ATIACHED AND MADE A PART HEREOF. C REY TENN COLORADO REGISTERED LANDS RVEYOR L.S . 17666 FOR ANO ON BEHALF OF AZTEC CONSULTANTS, INC . Mcl_ellan ReseNoir Pump St::it i on 12799-03 ; PEMCLELL; 03-02-99 PAGE 1OF2 P.O.C. I I I I I I I I I I I l I I I l l I I / I I ( l PARCEL C '--..... 40' CENT W &: S DIST ESMT '-'-':5Z BOOK 418, PAGE 403 "'-......... ....... ........._ .....__ ......... '-........ ................ ....... .:'. ........ " • r.;, ....... "' .~~ / . ""' ' r; rri' " '~ " ' ' " TP.O.B. ., / /"-.. / " / ....... • / / 1-s..ri'L " ' -.J;/ ~o,,.-on_ 'b''l../ ·.J~"'?~ 7 / / ·~/ ............ . .:o/ f;,",,-~ / / S 1/4 COR / SEC 32 T!5S, R68W 6th P.M. I\ -...-~-, .. I .., ..__ ""• ' ""'' ....... I ,, .. ,..-.... ~- ,, , , , , , f I • f ,. ... ,. -_,' -,-t '' .. I .. .., ... • I I t t J I\' ....... ""-..,, t f '"' I • , ' ... " ~ , .... .... #'"' , • '"' I 8 # ... ., r'\ '' UH ' ' ... , .... .., .. ,., I t ,., .,. ,., """ ~ I I ~~~~~~~--~~~-, /'---...~~- N89"47"40.E V 24-48.92' ..... ~-,"-.-... ., .. .., • .. • I I f I I I\ I , . ., NE COR SEC 5 ...... . ' """ '"I I • t 1. N 1/4 COR SEC 5 T65, R68W 6th P.M . ...... ~-........ --, .. ,. ... , .. I• "' ' 6 I ~f" f"'i I\ 11H T6S, R68W 6th P.M. I f'' •.., • '" ,.,, I ' \ '" ,, ' ' I • , t , .. ......... , . ...... . .. ""'. . ~ !~ .~. !'! ~...' :: ~: :-: ·.: :: ! :· ~-,'-", : ............. , t ,~ ... .... , ......... , .. I '""' • ""' .... "' ...., •• .... 0 100 200 -400 -I 1 Inch = 200 ft . .. n.;N :\li7?~-0J\O~ ~~"'!:-c~e1•T&U'9Q .......... Legal Exhibit <"<AW~: P!'.l.tOF:l .lOWC .11::::.C ~ nn•v, ·~ we. .fie() O<K Mclellan Pump Station Arr,--J/'2./gg-··· 7200~~~~"".o~-lOJ Permanent Easement ~::.u:: .. 1 ~ "' 200' • """"-t:>OllTQ-~ "-OC21TO-ln? ..oa .... ,..ao 12799-0J 2 CF 7 S>< T'5 McLELLAN RESERVOIR PROPERTY DEVELOPMENT GOALS 1. Protect the quality of Englewood's stored water. 2. Protect the reservoir ecosystem that was developed since access has been restricted. 3. Establish and maximize a future long-term income stream for the benefit of the City of Englewood after meeting the above listed goals. 4. Maintain the quality of the Highline Canal recreational facilities and the wetlands that exist between County Line Road and C-470. 5. Develop the land south of C-470 in a manner that minimizes the impact on McLellan Reservoir. 6. Develop the land south of C-470 in a manner that enhances the quality of the neighborhood of which it is a part. 7. Establish a priority for Englewood residents on public and private facilities where appropriate. DISCUSSION The current proposal is to create a high-quality office park by all parties agreeing to impose restrictions on the entire business park. Englewood owns about 100 acres out of the proposed 500 acres in the park. The storm water runoff from the proposed park should be much less of a threat to the reservoir than the development which could occur without the proposed restrictions. Additionally, our consultants have concluded that these restrictions create a greater value on the land than exists without them.