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HomeMy WebLinkAbout1999-02-09 WSB AGENDA1. 2. 3. 4. 5. AGENDA ENGLEWOOD WATER AND SEWER BOARD FEBRUARY 9, 1999 5:00 p.m. CONFERENCE ROOM A MINUTES OF THE DECEMBER 13, 1998 WATER AND SEWER BOARD MEETING. (ATT. 1) SOUTHGATE SUPPLEMENTS #140 -#141 -#142. (ATT. 2 I 3 I 4) McLELLAN RESERVOIR PROPERTY: A. LETTER DATED 1-14-99 FROM CENTENNIAL RE: SANITARY SEWER LINE (ATT. 5) B. SOUTH METRO BUSINESS LEDGER ARTICLE DATED JANUARY, 1999 "LUCENT LIGHT UP RANCH BUSINESS OUTLOOK" (ATT. 6) DENVER/THORN,J.'ON CASE #96cw145 A. LETTER OF 1-25-99 FROM JACK GRAVES (ATT. 7) B. LETTER OF 2-1-99 FROM CHIPS BARRY OF DENVER WATER BOARD (ATT. 8) LETTER FROM BANTA, HOYT DATED 1-27-99 RE: WASTEWATER TRANSMISSION AGR. OF MARCH 31, AS AMENDED Nov. 4, 1996. (ATT. 9) 6 . 7. 8. LETTER FROM ANKELE, ECENOGLE DATED 1-27-99 RE: LICENSE AGREEMENT WITH SOUTHWEST METRO WATER & SAN. DISTRICT. (ATT. 10) LETTER FROM McLAUGHLIN WATER ENGINEERS DATED 1-29-99 RE: PIPELINE DESIGN CROSSING AT CITY DITCH AND DAD CLARK GULCH. (ATT. 11) INFORMATIONAL ITEMS: A. MEMO FROM JOHN BOCK DATED 12-2-98 RE: FIRE HYDRANT PERMITS (ATT. 12) B. MEMO FROM OFFICER O'CONNOR DATED 1-12-99 RE: TOM CHESHER & TOM RIOTTE (ATT. 13) OTHER. WATER AND SEWER BOARD MINUTES DECEMBER 8, 1998 The meeting was held by phone vote due to the December 8, 1998 meeting being a Christmas dinner. Members reached: Habenicht, Clark, Cassidy, Vobejda, Bradshaw, Burns, Higday, Otis 1. MINUTES OF THE NOVEMBER 10, 1998 MEETING. A II. I The Englewood Water and Sewer Board Minutes from the October 13, 1998 meeting were approved. Ms. Habenicht moved; Mr. Higday seconded: Ayes: Nays: Motion carried. 2. VALLEY SUPPLEMENT #21. To approve the November 10, 1998 Englewood Water and Sewer Board Minutes. Habenicht, Clark, Cassidy, Vobejda, Bradshaw, Burns, Higday, Otis None A request was made by the Valley Sanitation District representing the owner/developer, Chris and Kelly Stark inclusion into the Valley Sanitation district. Supplement #21 is for an area approximately .90 acres. The zoning per Arapahoe County is I-2, General Industrial. The proposed use of the property is for an office and warehouse. The property is located near W. Dartmouth and Shoshone, with a proposed address of 1630 W. Dartmouth Ave. Ms. Bradshaw moved; Mr. Higday seconded: Ayes: Nays: Motion carried. To recommend Council approval of Valley Supplement #21. Habenicht, Clark, Cassidy, Vobejda, Bradshaw, Burns, Higday, Otis None 3. CITY DITCH LICENSE AGREEMENT WITH ADVANCED STORAGE. The License Agreement is for Advanced Storage to cross under Englewood's City Ditch right-of-way with a%" domestic water line and a 6 11 fire protection line, to pave over the City Ditch for a parking area and to provide an ingress/egress entry. The storage facility is located at 5001 S. Windermere St. The water line crossings will be installed at a depth to maintain clearance from the City Ditch pipe, as required by the Utilities Department. The crossings are proposed at a section of the City Ditch located at approximately Windermere and Belleview, on the northwest side. There will be 5' of cover over the pipe to protect it from the parking lot. The existing City Ditch pipe is approximately 5' below the proposed parking lot grade. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City . The City retains all rights to operate, maintain, install, repair, remove or relocated any of its' facilities located within the City's right-of-way. Mr. Vobejda moved; Mr. Otis seconded: Ayes: To recommend Council approval of the License Agreement with Advanced Storage for crossing the City Ditch with a %" water line, a separate 6" fire protection water line and a parking structure. Habenicht, Clark, Cassidy, Vobejda, Bradshaw, Burns, Higday, Otis '" Nays: None Motion carried. The next Water and Sewer Board meeting will be January 12, 1999 at 5:00 p.m. in Conference Room A. Respectfully submitted, Cathy Burrage Recording Secretary A IT. 2 COUNCIL COMMUNICATION Date Agenda Item Subject March 1 , 1999 Southgate Supplement #140 INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board , at their February 9, 1999 meeting , recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #140 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood 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 . A request was made by the Southgate Sanitation District representing the owner, James M. & Joan K. Fleming , for inclusion into the Southgate Sanitation District. Supplement #140 is for an area approximately 2.88 acres. The zoning per Greenwood Village is R-2.5 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 3700 E. Alexander Avenue. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #140 SUPPLEMENT NO. i:tO 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 orig inating from the District's sanitary sewer system within the area served by the District, wh ich Agreement was most recently renewed by Connectorls 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 part ies agree as follows: 1. The City hereby consents to the inclusion of certain additional area located in Douglas County , Colorado , owned by James M. & Joan K. Fleming and more fully described on Exhibit A attached hereto and incorporated here in by re ference, into Southgate Sanitation District. The City agrees that sa id 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 , Exh ibit 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 Connecto r's Agreement dated November 16 , 1988, shall remain unchanged . IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of , 19_. ATTEST: CITY CLERK (SEAL) ,.· CITY OF ENGLEWOOD By : ________ _ MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By &µud'"q PRESIDE EXHIBIT A (Legal Description) Part of Blocks 277 and 278, SOUTH DENVER GARDENS, more particularly dnscribed 1s follo~s: Bc~inning at the center.point on the East lin~ of. s:iidBloc!: 273, s:i.id point b!?ing 3~5.0 feet South frc.'m th~ South line of Garden Avenue and 315. 0 i'eat North on tile· Not·th li11~· . oi Alexander Avenue; thence South along the East line ·oi . said Blo\~!{ 27S, a distar.ce of 315.0 feet to the No~th line of Alexander Avenue; ti:P.nce West along s&J.id Uo:-th line oi Alcxar.cler Avenue, a dist::.r.ce ·of 276.3 feet :a a point on the Ea~terly ~ight a! ~~y -line of Ht;~ L!ne Canal, said point being 25.0 fc~t from .the center line of ·snid Hi~~ Li~e Canal measured at ri:ht anglei thereto; thence No~th 52°51' ifost along said ri~ht of w:i.y line of Can.:il, a distance · of 228. G !eel:, thence in a ~ortheasterly direction~ distance bf. 214.5 feet, ~u~~ o~ less, to a point on the East line ~f said Block 277, ·~aid poi~~ bei::~ 315. 0 :feet South frc.o the Northeast cor:ier of said Bloc:, 277; . t;~~-r:c~ South S9°37' East a1·on~ the Cdnter ·li::Ie of said Bloc!.: :::;s, ~ dist~nce of 330.0 feet ~o the point of beginnin~, EXCEFr any part thereof lying \Vi thin the propart:r described in · ~~e<l recorded April 5, 1956 in Bock 961 at Page 272. .. ... · VlLLllGE 'l \ I 12 ,, ' '"'-1 ' J.r :>Utj J \ \~·-- --~-__ j \ ••· 1 ... . ····\ -· ' ' \ . '- '-. J ··.\. -.. . I l ::r~ ~ " . I= r--l 1 -· ---,1 ,,, , ) y----: I ' . i . SIEIUIA ._,~;oo ! ; I ( > / ._r~r 1--1 ~- . r· --.............. 1! ..1 I l· _I i -~; ~ -l .. ~cJ .. -···· --···· Narrative The property for which this petition for inclusion in Southgate Sanitation District is legally described as: SITUS ADDRESS 3700 E. ALEXANDER A VENUE IITTLETON, CO 80121 DESCRIPTION 57300-277-000 BEG 315 Ff S OF NE COR BLK 278 S DENVER GDNS. TH S 315 Ff TON LINE OF ALEXANDER A VE. TH W 276.3 Ff TO PT ON ELY ROW LINEOF HLC. TH N 52 DEG 51 MIN W ALG SD ROW LI. -Existing zoning, under Greenwood Village administration, is R-2.5. -No change in zoning is proposed or anticipated. -Current use of the property is single family residential, and such use is anticipated to continue. Re: Petition for Inclusion by James M. & Joan K. Fleming for the property known and numbered 3700 E. Alexander Avenue, Littleton, CO 80121. A-rr: 3 COUNCIL COMMUNICATION Date Agenda Item Subject March 1 , 1999 Southgate Supplement #141 INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their February 9, 1999 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #141. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood 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. A request was made by the Southgate Sanitation District representing the owner, Peter B. Kooi , for inclusion into the Southgate Sanitation District. Supplement #141 is for an area approximately 2.5 acres . The zoning per Greenwood Village is R-2 .5 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 3801 E. Garden Avenue. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #141 ,•· SUPPLEMENT NO. I 'i I 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 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 addit ional area located in Douglas County, Colorado, owned by Peter B. Kooi 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 , ExhibitA 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 set their hands and seals th is __ day of , 19 . ATTEST: CITY CLERK (SEAL) ·} ' ,, .· • . .,'.. CITY OF ENGLEWOOD By:--------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, ::~~~ Z<h4J - PRESIDENT \ EXHIBIT A (Legal Description) Lot 5, Sierra Vista , County of Arapahoe, State of Colorado VILL6GE 12 \ \-__ !_ --I i ~ ) J I ,,. 1 · . . .SIEltflA i (f--L- \ '., I -, -- 1 . j ~I ·•'!"! r! I 7 / - I :1 Mr. Duane Tinsley, District Manager Southgate Water and Sanitation District 3722 E . Orchard Road Littleton CO 80121 Re: Application for inclusion into Water District 3801 E . Garden Avenue, Littleton, Co., 80121 Dear Mr. Tinsley: In accordance with our recent conversation, the following information is hereby submitted for the Board's approval for inclusion into the Southgate Water and Sanitation District: The 5 year old home and 2-1/2 acre lot is zoned residential and is single family use. We will require a 3/4" tap for our property. Respectfully submitted, ~P//~· Dated: J ;-; <J -f ci/ Arr: 't COUNCIL COMMUNICATION Date Agenda Item Subject March 1 , 1999 Southgate Supplement #142 INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board, at their February 9, 1999 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #142 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood 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 Val ley 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. A request was made by the Southgate Sanitation District representing the owner, Marian J. Plunkett, for inclusion into the Southgate Sanitation District. Supplement #142 is for an area approximately 2.87 acres. The zoning per Greenwood Village is R-2.5 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 3700 E. Garden Avenue. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #142 SUPPLEMENT NO. I '12 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 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 Douglas County, Colorado, owned by Marian J. Plunkett 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 set their hands and seals this __ day of , 19_. ATTEST: CITY CLERK (SEAL) ATTEST: ,.,/~ 5*~A;,..~...,R~~t::Z:l~~~::::r:~7' ~<~i:::> . : )j.7~:i·6.t. , .·.>·' j /'~:.</>·~I;.• • •• ~ ~ -~I ,.· • ·; ' " CITY OF ENGLEWOOD By :--------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLH;O By ~Lr 70-J . .J:~ PRESIDENT . ., EXHIBIT A (Legal Description) That part of Block 277, South Denver Garden, Arapahoe County, Colorado, described as follows: Beginning at the northeast corner of said Block 277, said point being 961.68 feetj west of the northeast corner of Block 279, said South Denver Gardens; thence North · 89°J9' West along said north line of Block 277, a distance of 294.32 feet to a point 100 feet east of the center line of existing High Line Canal; Thence South 0° 23' West and 100 feet east of the center line of said High Line Canal, a distance of 185.03 feet, to a point which is also 204.5 feet south of the east and west center line of Section 13, Township 5 South, Range 68 West; Thence Southeasterly along 20° curve to the left, having a radius of 187.94 fet!t, a di:itance of 174.6 feet, the long cord of which bears South 26° 22' East, a distance of lli9 .15 feet; · Thence South 36° 53' West, a distance of 75 feet to a point which is 25 feet from the center line of said High Line Canal; Thence South 54° 12' East <ind 25 feet perpendicular from the center of said lllgh Linc C~nal, <i tlistnncc of 167.95 feet; Thence in a Northeasterly direction a distance of 214.5 feet more or less to a point on the east line of said Block 277, said point being 315 feet south from point of beginning, Thence North along said east line 315 feet to the point of beginning; and Together with a strip of land in the southeast quarter (SEl/4) of ~ection 13, Township 5 South, Range 68 West of the 6th P.M., being the easterly 50 feet of the 200 foot wide strip of land acquired by Northern Colorado Irrigation Company from W. Linzy and H. McArthur by deeds dated January 22, 1927, and more particularly described as follows: Beginning at the east quarter corner of said Section 13, thence westerly <ilong the east-west center line of said Section a distance of 1286 feet; thence South 0° 23' west a distance of 19.47 feet to the true · point of beginning; thence sou.th 0° 23' west a distance of 185. 03 feet ·, thence on a curve to the left having a radius of 187.94 feet a distance of. L75.5 feet, thence south 36° 53t' west a distance of 50 feet, thence north- "1es terly on a curve -to the right h~vfo.~ a radiu~ of 237. 94 feet a distanc~ of 222.2 feet, thence north 0° 23' east a distance of 185.03 feet, thence :;outh 89° 37' east a distance of 50 fe~c to the true point of beginning, containing 0.444 acres more or less and togehter with that portion of East Garden Avenue adjoining said property vacated by Ordinance No. 41, City of Greenwood Village, Colorado. Vl.LLllGE 12 I \ \ .. i i 1·, \ ·. J .. ~~~I I / .. I --t-~~I !! .I / I / ' .. .. ' . ,· .'· 11 l • ._ v//~ / · J 1 I I . j J -; / $' Ptt(ASA r kl"'1l I I'" .. I I I ~ \_ ~ _{ f I I "'l [ · . fr \:e.Jru~"-,-~ ·::~ ·~·-· .. ~Jr l ____ ----------------------------------------------------::-:-::====--=-=---=--:::--.:.:---::.:---------·-,(_______ ··--·-------=.::=~----=:-.:-::::-_-:-y-::.=::------,----------:::~-::==-- I . . ....... I t. j ,.,_·i'·· I , -. . ( I) I __ :__l __ ----------~;;;;:/ j o ', S"' ~ 0-"' -h_ LU"' hJ o,. 4 Sew~J ]);,± ~JtwJ ia,~J)} fJ; N~uJ,,.;J r~d-; J-°?, 7 OQ E. ~w&o~, -~;tF: W.U-OV~ I) Jl"Jr-€ I C!/IJ;Zfo ' ~01~!, u ~ ~ \ , it~:atf liEP ~7,a~J V)r.__ (k~:Q~(ii~ uJJ-w ~~I CW~ a.a._ ~~I CLr-J} ~W cJ'7 ~t f. }c;Ji C2 I AAl7,~A r:U. ~:Gj .. QID&t __ 2 .. @ 7 t:Z-f}/'f?/S CENTENNIAL WATER AND SANITATION DISTRICT January 14, 1999 Mr. Stewart Fonda Director of Utilities City of Englewood 3400 S. Elati Street Englewood, CO 80110 ATT. S RE: Centennial's Sanitary Sewer Line across PA 85 in Highlands Ranch Dear Mr. Fonda: On November 30, 1998, we met and discussed the possibility of Centennial locating a sanitary sewer outfall line across Englewood's parcel of land, located in PA 85 in Highlands Ranch. During the meeting you agreed to the concept and requested that I work out the details with Ross Brazil (TH K). Ross suggested that CWSD prepare a conceptual plan depicting a possible roadway alignment, along with the associated grading of the site. The only direction that Ross could give us was to assume that the "draw" may possibly be filled in, to accommodate building pads on either side. With this information, we directed Rocky Mountain Consultants to prepare a plan that included a loop road connecting to Shea's property to the Southeast, grades for the site, and our proposed sanitary sewer line. Enclosed is a copy of this conceptual site plan, along with a plan and profile of the sewer l ine. We have enclosed the proposed grant of easement document for your review and comment. We will prepare the legal description and exhibit of the easement, after we have reached agreement on the alignment and will forward a copy for your review. We will request a 30' permanent easement along with an additional 40' temporary construction easement. Our plan is to complete the construction drawings and receive approvals by February 22, 1999. We will then go to bid and award the construction contract on March 23, 1 999, with construction occurring in April and May. We would like to request that you review these plans and easement documents at your earliest convenience and return any comments to me by January 29, 1999. Please give me a call at 791-0430, if you have any questions. 62 West Plaza Drive • Highlands Ranch, Colorado 80126 • (303) 791-0430 • FAX (303) 791-3290 Page 2 Stewart Fonda Thank you for your cooperation in this matter and I look forward to hearing from you. Sincerely, Connie Cowles-Biederbeck Project Manager e :\users\connie\ word98\045 . doc Enclosures Cc: Ross Brazil -THK (with plans) Jeff Case John Hendrick Bill Rapp -RMC GRANT OF EASEMENT This Grant of Easement (this "Grant") is made this day of ~~~~~~~~ , 1999, by CITY OF ENGLEWOOD, COLORADO, a Home Rule City existing under and by virtue of the laws of the State of Colorado ( "Grantor"), whose address is 3400 South Elati Street, Englewood, Colorado 80110, to CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-municipal corporation ( 11 Grantee") , whose address is 62 West Plaza Drive, Highlands Ranch, Colorado 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, as depicted on the legal descriptions attached hereto and incorporated by reference herein, which real property is owned by Grantor. 2. Consideration. Grantor makes this Grant as a gift without consideration other than the keeping by Grantee of the covenants and agreements herein contained. 3. Grant of Easement. Grant or hereby grants to Grantee, its successors and assigns, a non-exclusive easement (the "Easement") over, across, under, and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, and removing the Lines and Appurtenances, as hereinafter defined. 4. Lines and Aopurtenances. "Lines and Appurtenances" shall mean one or more underground utility lines together with all necessary or desirable aboveground facilities and appurtenances for the Grantee's operation of said utility lines. Except to the extent necessary, all of the Lines and Appurtenances shall be constructed, kept, and maintained underground. 5. Restoration. Grantee agrees that after Grantee's construction, if applicable, and after any maintenance, repair, replacement, or removal of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property, as nearly as reasonably possible, to the grade and condition it was in immediately prior to said construction, maintenance, repair, replacement, or removal, except as may be necessary to accommodate the Lines and Appurtenances. Grantee also agrees to restore and repair any paving, curb, gutter, and fences which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement, or removal. Grantee further agrees to replace any topsoil removed from any areas on the Easement Property, to re-seed the disturbed area so as to prevent erosion, to restore landscaping, as nearly as reasonably possible, to its original condition, and to remove any excess earth resulting from said construction, maintenance, repair, replacement, or removal, at Grantee's sole cost and expense. 6. Retained Rights of Grantor. Grantor reserves the right of ownership, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy does not impair the rights granted to Grantee in this Grant. Without limiting the foregoing, it is understood and agreed by Grantee that installation of utility lines and appurtenances, pavement, shrubs, and other landscaping (except trees), on, under, or through the Easement Property shall expressly be permitted. Grantee's rights hereunder are non- exclusive and Grantor shall have full right and authority to grant other easements or rights to use the Easement Property as will not impair Grantee's rights under this Grant. 7. Grantor's Rights to Relocate . Grantor shall have the right to require Grantee to relocate the Lines and Appurtenances, at Grantee's sole cost and expense, provided that Grantor shall grant or cause to be granted to Grantee easements for the relocated Lines and Appurtenances reasonably similar in nature and scope to the Easement herein granted . Grantee shall have 9 months from the grant and acceptance of such easements to relocate it's Lines and Appurtenances. 8. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title, and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all of the Lines and Appurtenances of Grantee so abandoned. Failure to use the Lines and Appurtenances for a period of 5 years or more shall constitute evidence of abandonment. 9. Binding Effect. This Grant shall extend to and be binding upon the successors and assigns of the respective parties hereto. The terms, covenants, agreements, and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement the day and year first above written. ATTEST: Loucrishia A. Ellis, City Clerk GRANTOR: CITY OF ENGLEWOOD Thomas J. Burns, Mayor GRANTEE: CENTENNIAL WATER AND SANITATION DISTRICT By: Name : Title: John Hendrick General Man a ger State of Colorado ) ) SS County of ) The foregoing instrument was acknowledged before me this ---day of , 1999, by Thomas J. Burns as Mayor and Loucrishia A. Ellis as City Clerk for City of Englewood. Witness my hand and official seal. My Commission Expires: State of Colorado ) ) SS County of Douglas ) Notary Public The foregoing instrument was acknowledged before me this day of , 1999, by John Hendrick as General Manager for Centennial Water and Sanitation District, a Colorado quasi- municipal corporation. Witness my hand and official seal. My Commission Expires: Notary Public 62 West Plaza Drive Highlands Ranch, Colorado 80126 " ~ \- <( Lucent lights up Kanch business outlooK Com mzt 11 icn tions ginnt to se ttle into H iglzlnnds Ranch business co111plex By Kathy Metcalfe Ledger Sla ff Writer A s 199'J begins, S hea Properties and Vice President Chetter Latcham are gearing up for the biggest year yet for the Highlands Ranch Business Park . Latcham said 1999 will be great for the business park in that it will see con- struction and definition . The business park is planned fnr more than 300 acres nestled alnng C- 470 and southward near Broadway in central and western Highland s Ranch . Although pl a ns and bids for property ha ve been building over the la s t ye ar. the annnun ce rn c nt that th e new campus or Lucent Tc c.:h11olo g ic s s tand s to make the llighl ands Ranch Bu s iness Park a place tu be. Lucent plan s to build three buildings totalling 600.000 square feet that will line C-470 just east of the Highlands Ranch Boulevard exit. The company will have space to expand on the proper- ty. With Lucent starting to build, -Latcham said he expects vendors and customers of Lucent also will be com- pelled to move to the business park, but he is unsure. He is sure , though , that many other businesses, unrelated to Lucent will start work on their own facilities. The firsc of which will include the Shea Center, which will break ground in February and open in October. The first of four buildings in the Shea Center was approved in November by the Highlands Ranch Devel o pment Review Committee and the county. The four buildings will likely be identical "high -end " buildings . designed to attract tenants who will leas e space from Shea. The Shea Center will be located at the southwest intersection of Plaza Drive and Highlands Ranch Boulevard. The building exterior is glass and sandstone and features a multi-lloor cir- cular tower. Within the next month. the identity of Sec Lucent, p.1i;" 6 ,·.,·.;· Developers hope the Shea Center, to be located at the southwest intersection of Plaza Drive and Highlands Ranch Boulevard, will be an anchor to attract businesses to the business complex. Co urtesy drawing ~, c,'l~o .... • ¥ 't • ··:~\., \ .. ..... •. > ·.,,·,:: .z.:;~;~~:~,:.:fS ·.·i\1:~::;~-)d(Sf :-:-~::: :~\~~ ......... . ;).~~-··~·'>"·,-,~\<.;~,,\1 ·..,,•:,-,, .... :,,-;'.:;;~ ('~;,., ~-·:'.''.; . .',~ r-:tc~~f .. ', tlIGi-lLA~~~--~i?CE:NlER ., ili'\•,:•;·1r~~,;.o:·:.:. · '--.~:'J :>.''>6\:cn;;,"""~0 ~\'~' -. -,. c.~,. ' ;,. L . .• , ., ... , • , -.,_,, .. . ..,_,, -, • ., · . · . , .. . -··._ .. . ~'fl:"·' "~ ,,,_.,,_._, '. ··-.. --. .• W · .. .-~ y;-I ;-··-. . .. . .... --. . . ' c • "~~~~~l~lfl~;i;~1.B~~f.~t~~~;\sl~:.-~~t~>.--1 ~ ...... ., .... ~ ..... _,, ·--.•... -... _. ... . .,.., -~"h .. -.... -.. ·. --; .. : _. ...... ·. ,_:,,,:,:_-: •·> '"· ~ ,. ; : :Q:«,;;,: ;,,_.,,,' ,.... '.••l. ';:' • ., .. .-. :,\ 't· ,· .-.;, '! .'•. . : . .. ., . ~ . 1: d . if?; .. '""" ..... l'P.. , • .,,"'·\'!Ii-~·'"" ' . '. ,., . \v' .,.,, ">~0 sir ·· ' .. _, ' -• i t'' . <,. '. .' ·: ~:-' ;c;,_.' ' ·<.:' i o:;;,:-, ~ •,; :>' · ,',•;. ·:: ., •l ~.;,_,, . ' ,_._ ·.o •· • ., ' :i1;.U;·L~Hhl ,·~~: -~ .. ,· ... '. .. ··~,_, -,,_,_,._._,.,,,.. ···o .<. ·•·-.-·~ · ".r--;-,<:., •t i --';""·~!"\ ---'""" ·-.. -. " .'>-~.. . . ; ' • , .,, ., '"' • •' ' ..... "-'· . "''"'" <• ., . "'· "" , ........ ,. ... , •.• "'< ,.. ,, ·--·-... .. ... , ''I ·. x ·~>.· .... '" ·'"~-... ~ -. ·. -, ' '-".J : .• i 'h C .;, Cb ;• > ; >k.;;;.__ ,_ ; ,,._.._ ,,. · • · i>. ~-. ·;_ ~ . "» "'-ii;;: .. rc1'1,, • .l'Y.1'TJI.:~:"·~·~~ 1· ·y · ""--.... " · , ,. cmti;" "'-~w~-~~~·, ,:-.,,,,,,'. .• ,, l;;,.,.".11! ·. •1l!Jt>~.; . .. -.. . , ,.,,, .•• '{<?.· '"~~-. ~ . .-:. ,_,_ ··: .... ,"" • ... ,, '-1"'-... "-ri..,, .. i... ,, ,.,,,,, ~ ... ~~·i,,:~ GiJv~ ...• p,. ·: .::1 ::.!..>i.t.~.''.."' ,~_.,. ··;11. . ...,,';,.;... <, •• ,,~.,.,c,, -""---~~·'•.\,\!-, "'~'''•·· ,,,.. .. """·' . _., .,,~,....-, ·)~··~E ! I '""' '«<t~c ~i' ...... '!,;.. t.'44~1 • -~,b , •.,,..., c~, .. t_U1 . •.. . ' ... ,,., -'" . . . ·-· -. .. ">;,µ"'.'Ji,, l .. \i,~ \j ,~ ~ l 't···· -.. lllustmtil'c Plt1•1 qi~ HIGHLANDS RANCH Development in Highlands Ranch is expected to get a big boost from the fledgling business park. 11 .d .. · tle. lSe 3. Lucent from page 3 the business park will become more prominent as several monuments are built. Shea has already broken ground and is grading space for several monu- ment signs for the Highlands Ranch Business Park. The monuments will be 40 foot-high tapered columns with light fixtures on top. "Business Park" will be carved onto the stone columns. Two columns will be on either side of the road at all the entrances to the business park at Highlands Ranch Boulevard and C-470, on Plaza Drive near Broadway and on Highlands Ranch Parkway at Ridgeline Boulevard and Highlands Ranch Boulevard. However, the monuments will not replace but will complement the stan- dard Highlands Ranch signage of red flagstone retain ing walls topped with pine trees . Landscaping, accenting and comple- menting the signage and in the medians will come later in year when the weather warms up . Latcham attributes success of the business park to timing . "The timing was right," he said. "Highlands Ranch now has enough peo- ple to sustain business. It's like align- ment of the planets." The opening of the Highlands Ranch Boulevard interchange was also a big key to the success of the park. Also mentioned was the switc~ from Mission Viejo to Shea Homes as making a difference. While Mission was just selling land, Shea is in a position where it will finance the actual vertical devel- opment, thus allowing development to happen faster. The year 2000 will also be momentus for the Highlands Ranch Business Park. Already planned is the connection of Eastridge to the park via Wildcat Reserve , Lucent opening, and the widen- ing of Plaza with the addition of medi- an s. COMMERCE Cl::NTER CIRCl.E COMME=.RCE CEN TER The layout for the Commerce Center in the Highlands Ranch Business Park has ample room for many businesses. Cou otesy drawing . CHRISMAN BYNUM &JOHNSON January 25, 1999 Mr. Stewart H. Fonda Director of Utilities City of Englewood 3400 South Elati Street Englewood, CO 80110-0110 CHRISMAN, BYNUM & JO HNSON, P.C A1TORNEYS AND COU NS ELORS AT LAW 1900 FIFrEENTH STREET BOULDER, COLORADO 80302 Re: Denver (96CW145) Dil. & Absolute for C.A. 3635 Dear Stu: A IT. 7 TELEPHONE JOJ.546 .IJOO FAC SIMILE JOJ.449.5426 E-MAIL CBJ <il CBJ.COM I understand that Denver and Thornton have entered into preliminary settlement negotiations in this matter, and, at this time, I believe the best way for us to pursue our settlement goals is by communicating them to Denver. I have spoken briefly with Casey Funk and Chips Berry about our concerns, and the purpose of this letter is to provide you with a written basis to follow up with Chips. A general outline of Englewood's settlement needs follows: 1. All Parties to 96CW145 (particularly Thornton and FRI CO) must promise that they will never again oppose any existing (as of the date of the settlement) decreed water right (whether conditional , absolute, or otherwise) that includes any credit for discharges of Bi-City effluent (whether for exchange , augmentation, or as return flows), whether Bi-City is expressly or impliedly referenced in the decree. 2. The Paiiies shall fmiher agree that Bi-City effluent discharged pursuant to a valid pe1mit (irrespective of any violation, which shall be solely addressed by approp riate govenunental bodies) shall meet any Parties' requirements of any kind under the above decreed rights, and shall specifically be deemed to meet any statutory requirements in the current matter as a source of substitute supply for any municipal or agricultural use of any of the Parties . CHRISMAN, BYNUM 8: JOHNSON, P.C. IS A MEMBER OF MACINTYRE STRATER INTERNATIONAL LIMITED (MSI), A WORLOWIOE ASSOCIATION OF INDEPENDENT LAW ANO ACCOUNTING FIRMS. MEMBER FIRMS 1N ARGENTINA •AUSTRALIA •AUSTRIA • BAHAMAS· BELGIUM• BRAZIL • BRITISH VIRGIN ISLANDS• CANADA• CAYMAN ISL.ANOS, CHANNEL ISL.ANOS• CHILE • CHINA• COLOMBIA• CYPRUS • CZEC H REPUBLIC• DENMARK • EIRE• F I NLAND • FRANCE• GERMANY• GIBRALTAR ' HONGKONG HUNGARY• !NOIA· INOON ESI A •ISLE OF MAN •ISRAEL• ITALY• LIECHTENSTEIN• LUXEMBOURG• MALAYSIA • MALTA• MEXICO • NETHERLANDS • NETttERL.ANDS ANTILL£5 NEW ZEALAND• NORWAY • OMAN • PERU• PHILIPPINES• POLA NO • P ORTUGAL • SINGAPORE • SOUTH AFRICA• SPAIN • SWEOEN •SWITZERLAND •TAIWAN• THAILAND TURKEY ·UNITED ARAB EMIRATES . UNITED KJNGOOM•UNITEO STATES 0,.-AMERICA •URUGUAY• VANUATU• VENEZUELA• ZIMBABWE CHRISMAN BYNUM &JOHNSON Stewart H . Fonda January 25, 1999 Page 2 3 . No Party shall oppose any of the above described decrees pursuant to any retained jurisdiction provision available pursuant to decree or statute, by way of opposition to any application for diligence or to make absolute, or otherwise. 4. The decrees to be protected include, but are not limited to: Denver -CA-3635; Englewood -80CW035, 88CW202 , 88CW203, 86CW014, 89CW063, 92CW030, 90CW223 (FRI CO must specifically waive its right to oppose preserved in its stipulation to 90CW223), 85CW324, 90CW220. Please convey this information to Chips Berry , and Dave Hill and I will follow up with Denver's counsel in this matter. .,,,.-·· FEB-OHO 03:08AM FROM-OEN~ER WATER lWIAGERS OHICE 1036286509 T·700 P.OZIQ3 F·60T Denver Board of Water Commissioners A TT. 8 Willialll J. ......,, Prestclent WllNim L ...._1st Vi~ Preident 0..W.S.Maes ~ J. ~Ill, Man191r 1600 ~ 12dlherMt Denver. C'.okndo 80254 ~ akMr4"" Kilt& IOllllWLLtllr February 1, 1999 Stu Fonda Utilities Director City of Englewood 3400 S. Efati Englewood, co 8011 o Dear Stu: f~ 303/628-6509 h~.ciemer.C0-81>" We had a productive meeting with Thornton on Friday. They showed that they had spent a great deal of time thinking about how to rationalize water diversion, treatment and distribution in the north metro area. In contrast to past meetings, they were more open and had far more ideas than I had reason to expect they might. Therefore, we have decided to try to prest ahead with a period of negotiation to see what we can accomplish by the end of April. I have received your letter stating what you think the terms of settlement need to include. I agree with those tenns, but we did not discuss them last Friday. Obviously those terms and other relevant topics need to be explored in depth in the next couple of months. I am sending you a copy of a Letter Agreement, which I have drafted, and sent to Thornton for their revtew. Thomton will discuss it at trnlir Council maetlng tonight and I will talk with our Board about it tomorrow. I have asked Thornton to send it on to FRICO. I am hoping that you can approve It, or at least give me some &ense of your views In the next day. Assuming that everyone {Denver, Englewood, Thornton, FRICO) is on board, we should be able to go to the court Wednesday to suspend discovery and seek a new trial date for later in the year. As you will see in the attached letter agreement, by the end of April we should be in a position to decide whether the trial date should ba vacated and negotiations continued, or whether discovery should be renewed. Please call if you have questions. I atso assume you will send this on to Jack Graves. szc_ H.J. Barry Manager eze CONSERVE FEi-0 I ·99 03: I OAM FROM-DENVER WATER MANAGERS OFF IC£ 3036286509 T-Toa P.03/03 F-607 bEJTER AGREEMENJ The undersigned parties to the Thomton/Oenver litigation (96CW145) agree as follows: (1) Thornton will request and schedule a telephone conference with the Water Court for the purpose of a joint request tor a new trial date in October 1999 for 96CW145, and a suspension of dates in the case management order. It is possible that this date wiU supplant the Blackhawk trial date on related water issues. The basis of the motion is the belief that through negotiation the parties can progress towards settlement of various differences with respect to the operation of their water diversion, treatment and delivery systems. It is anticipated that this telephone conference will be held on February 3, 1999. (2) All discovery will be sutspendad as of the ctose of buatness on February 3, 1999. Discovery may be renewed and deadlines will be commensurately extended if the court fails to establiSh a new trial date by February 10, 1999. (3) The parties will negotiate until April 30, 1999. At that point. the parties will decide whether (a) to vacate the new trial date, and continue discussion and negotiation; or (b) to renew discovery and trial preparation in anticipation of trial en the new date. All four undersigned parties must agree to option {a) above, or otherwise option {b) becomes automatic. (4) If on April 30, 1999 the parties agree to vacate the trial date, Thornton and FRICO will accede to Denver's request for diligence in CA3635 and not fess than 589 ds to De made absoiute; quantities of water in addition to that will be left open pending progress in the negotiations. (S) During negotiations, the parties agree to meet at least once a week for detailed substantive discussions. The negotiations will be monitored on a weekly basis by the Manager of Thornton and the Manager of Denver Water. The two Managers will communicate trequenUy to ascertain progress, and they will attend at least two meetings per month, and as many other meetings or parts of meetings u possible. Denver Water Thornton FRICO Englewood A TT. 9 BANTA, HOYT, EVERALL & FARRINGTON, L.L.C. RICHARD .J . BANTA STEPHEN G . EVERALL DARRYL L . FARRINGTON ATTORNEYS AT LAW OF COUNSEL RICHARD L . BANTA, .JR. 0912·1993) Mr. Duane Tinsley 5690 DTC BOULEVARD, SUITE 2 4 0 EAST ENGLEWOOD, COLORADO 80lll-3232 TELEPHONE (303) 220-8000 FACSIMILE (303) 220-0153 January 27, 1999 Mr. Stu Fonda R . VAL HOYT RICHARD D . GREENE CRAIG E . WAGNER Southgate Sanitation District 3722 E. Orchard Rd. Littleton, co 80121 City of Englewood Utilit i es Department 3400 s. Elati Street Englewood, CO 80110-2304 Donald E. Marturano, Esq. Attorney for South Englewood Sanitation Di strict #1 P.O. Box 2858 Littleton, co 80161 Re: Wastewater Transmission Agreement of March 31, 1995, as Amended November 4, 1996 Gentlemen: I enclose a copy of a letter dated December 17, 1998, to Meurer & Associates from Tim Cox. Tim has been the lead engineer on the landfill dewatering project being conducted under the above-referenced agreement. As you know , the project uses South Arapahoe transmission facilities and the Big Dry Creek Intercep- tor to conduct the dewatering discharge to the Bi-City plant. The current temporary agreement expires i n May, 1999. Tim is requesting a three-year extension of the agreement, to allow additional time to perform an evaluation to determine if "natural attenuation" is occurring, which would justify termination of the discharge. I -also enclose a lett.er dated December · 4, 1998, to Tim from Glenn Mallory at the Colorado Department of Health, ~pproving the proposed evaluation. The South Arapahoe Board considered the extension request at its Board meeting on January 18, 1999, and determined that it could support the extension on the following grounds: (1) based on the Cox letter, the "natural attenuation" idea appears to have merit and the study shou l d be performed; (2) the requested extension would not negatively impact South Arapahoe facilities. Accordingly, the Board indicated it would be willing to grant the requested extension, subject to approval by the principals in the BANTA, HOYT, EVERALL & FARRINGTON, L.L.C . ATTORNEYS AT LAW Basin Interceptor Agreement, and subject to review of the agree- ment itself to determine whether any changes are appropriate. Please advise whether you have any concerns about the pro- posed three-year extension, or whether you wish to suggest any changes in the terms of the agreement. If you have any questions, I can try to answer them, or you may want to contact Gordon Meurer, at 303-985-3636, or Tim Cox, who, as you see by the enclosed letter, is now at RMC. Thanks for your attention to this matter, and I look forward to hearing .from you~ DLF:rca cc: Dave Christensen Gordon Meurer ington ROCKY MOUNTAIN CONSULTANTS , INC . December 17, 1998 Mr. Gordan C. Meurer Mr. Thomas J. Napoli Iii Meurer and Associates 143 Union Boulevard , Suite 600 Lakewood, Colorado 80228 fn1frJr· 0. ,-·-, r: , .---I w. 1 . . • If~ DEC 171998 Ur j._ Jo~ tJo. 2.12. '3> fofl--1 ;) . =trnc Premiere Building 825 Delawar e Ave .. Suite 500 Longmont. CO 80501 (303) 772-5282 Me tr o (303) 665-6283 FAX (303) 665-6959 E-ma il r mc long@rmi i.com Re: Status of Groundwater Recovery System and Tap at the Fairways of South Suburban Property in Littleton, Colorado; RMC Job No. 19-3536.001.00 Dear Messers Meurer and Napoli Iii : As requested during our meeting held on December 3, 1998, this letter describes the 'status o f the groundwater recovery system (recovery system) at the above referenced property. The recovery system was installed in January 1995 at the request of Colorado Department of Public Health and Environment (CDP HE) to prevent the northward migration of low concentra ti ons of volatile organ ic compounds (VOCs) in shallow groundwater from County Line Landfill (landfill). The recovery system discharges the collected groundwater through a tap onto the sanitary sewer belonging to South Arapahoe Sanitation District (District) under provisions in a Wastewater Transmission Agreement (A greement) between the District, Waste Management of Colorado (WMC), and Arapahoe County (County); WMC and the County are the operator and owner of the landfill, respectively. The water is ultimatel y treated at the Littleton/Englewood Wastewater Treatment Plant under a Wastewater Contribution Permit wi th the city of Englewood. As specified by CDPHE, the reco v ery system must operate until groundwater performance standards are met at two compliance points, after which the recovery system may be decommissioned . The first compliance point is at the recovery sump and it has to meet a performance concentrat ion of 5 micrograms per liter (µg/L) for 1,2-dichloroethane (1,2-DCA), the compound Q.f concern . The second compliance point is a monitoring well at the South Suburban Golf Course (SSMW-1), approximately 600 feet north and downgradient of the recovery system, where a performance concentration of 1 µg/L for 1,2-DCA must be ·achieved . Currently, groundwater is continuously pumped at an appro xi mate rate of 6 gallon s per minute (appro x imately 8,600 gallons per day) and is discharged to the sani tary se wer sy stem. As of the most recent groundwater sampling event in June 1998, the concentrat ion o f total VOCs at the reco very sump is only 31 µg/L. Due to the low concentration of VOCs, the water discharged to the sanitary sewer is neither corrosive nor explosive, and well below the influent standards set by the Littleton/Englewood Wastewater Treatment Plant. A review of concentrations measured in monitoring wells and at the recovery sump at the Fairways property, shows that total VOCs have been decreasing for the past two years . Concentrations of 1,2-DCA in the recovery sump reached a h igh of approximately 90 µgll in 1996 and ha ve been stead i ly declining to the most recent concentration of 20 µg!L, which is only four t i mes greater than the performance concentration. In addition, the performance concentration at well SSMW-1 has been achieved and the well was abandoned in May 1998 with authorization from CDPHE. CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING Mr. Gordan C. Meurer Mr. Thomas J. Napolilli December 1 7, 1998 Page 2 =tmc Given that concentrations of VOCs are decreasing, there is now strong evidence that natural attenuation processes are occurring within the shallow water-bearing zone. Natural attenuation occurs when chemical compounds degrade to relatively nontoxic compounds due to favorable biological activity within the groundwater zone. The decrease in chlorinated chemical compounds appears to be occurring via the process of reductive dechlorination, however, additional data collection and analysis is necessary to demonstrate that natural attenuation is occurring, and is likely to occur in the future. A proposed evaluation of natural evaluation at the property has be formerly presented to CDPHE. The proposed evaluation contains three major tasks including collection of additional geochemical data, calculation of the decrease in total VOC mass in groundwater over time, and solute fate and transport modeling to simulate the migration and natural attenuation of total voes in the shallow groundwater system. CDPHE approved the proposed evaluation and is tentatively scheduled to be conducted in January 1999. If the evaluation confirms that natural attenuation is occurring within the groundwater system, then recommendations will be made to CDPHE for decommissioning of the recovery system in favor of natural attenuation as a viable corrective measure. Based on the decreasing trends in concentrations observed over the past several years, we are optimistic that the recovery system will eventually achieve its performance concentration through natural attenuation processes such that it can be decommissioned in the future and discharge to the sanitary sewer can be suspended. In the meantime, the current Agreement with the District will expire in May 1999 and we request that the Agreement be renewed and that the temporary status of the Fairways tap be allowed to continue for an additional three-year term in accordance with the Wastewater Contribution Perm it renewal. If you have any questions, please contact Mr. Tim Cox. On behalf of WMC and the County, we appreciate your continued cooperation. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC T~tfz Senior Project Hydrogeologist TC:sp cc: Warren Brown -Tri-County Health Department John Bush -Arapahoe County I / ·; ~ I f 1 --Ji /11'-+rJ~n ()W' Tom Hesemann, R.G., C.E.G. - Principal Leonard Butler -Waste Management of Colorado Glen Mallory -CDPHE Steve Richtel -Waste Management of Colorado F:\3536_00111.ETTERS\MEU 12· 15.WPD =tmc REFERENCE Hydrologic Consultants, Inc., 1998, Summer 1998 semi-annual monitoring and annual operation report, ground-water recovery system, Fairways of South Suburban, Littleton, CO: report prepared for Arapahoe County and Waste Management of Colorado. FAX:303-060-8357 rAGE STATE OF COLORADO l<oy l{omer, Govcrnur l'~tti Shw•yd•r. brc1rtlvr. Oircctm f>:,;Jic;.,ci;:d Lu procr:aing ~nd improving ch<> Ji.!.,lrh ~nrl P.nvironmenc o( th~ ~k of ColorJdo HA.ZAAOOt.;$ MATEJtl,O,LS ANO W/.STC: MANACtlAENT DIVISION http ://OMAM·.~drh , . .<M~.r.n. us/hm' . ... ·1301) Cherry Creel< ()r . 5. IJcnvcr. Cclor~do 802~6-1 '.iJO rhnnc \JOJl 692 .JJOO ">?? S . .'.th Stm't. J~oorr: 232 __ ,. ______ _ r ax (J03J 7;, ~-5J55 ~ccmbcr 4. 1998 Tim Cox (j1Jnd Junct ion , Colori<CO 01 C.01-~761\ l'hOM l~/IJ) lqfl ·71 IJ'1 1:cx (!.1701 2~8-i198 Hydrologic Consllltant.r., Tnc . Of Colorado 143 Union Boulevard Suit.: 525 L<'l.ki=wo<Xi, Colorado 8022l! Dear Mr. Co:-., Cnloudn Depmment of Public Haith llld Envuonment Hydrologic Consullants, Inc . pn::sculc:U a conceptual design plan to evaluate natural ntt.enua.tjon of groundwater contaminanLs during a meeting un ~ldxr 23, 1998 . Th i:i initial pre:icintaiion was followed by correspondence dated November 9, 1998 which describoo .Ll1c: lllllurc of studies and ground....-ater modeling that would be used lo ascerle.in that :latuml attenuation prcx:c:s~c:i uu;urring in 1mcciet.ion wilh groundwater contamination at the County Line Landfill arc sufficient to justify thC3c "nulw iil" p:-occs.s~ as a rcmedintion selection . My staff, and I have evaluated these conceptual approaches, Md cum.:w Ll1t.t entwing these data would increase the site specific knowledge of groundwater at this site. Funherrnorc::, we agree th11t th~s~ cfata and modeling outputs would provide useful information about the potential of using natural aLtcnuation as the sole remedy at this site. TI1c purpvsc of :mch !lludies oughi lo be accomplished to clir.it. fl finn understanding of the site's geochcrni:;L!y, trnd hydrogcology with rcspe-ct to natural Httenuation . To demc:mrjrnte thet natural !llt::nuation IS a prcfom:<l 11:1ucdy, studies need to def mo tho relslive ntes ofbiodegrRdation 11nd so111tion along with a demonstration rhal :nun; LuTJc dcgrad.ltion products 11re not stabili2ed, and Lhus not deer111icd wilh respect to this site. Such su.1dies need tu d~mu11st.ratc long term compliance with Staie of Colorndo Goundwatcr Protection :Sl!l!ldards . My unit would be intcn;:;lcJ ia project dcvcloprncuts c.s they oe¢ur in order to provide timtand.r.el~vant conuncnts. - '1 Should you wish to · scus3 topics related to this proposed project, you may contact Ken Ni:;wuuger of my stidTAL 3.~-692-~135 . ..-;.-, /?a/!tct I - cnn P. Mnllory ' . _. / Sic .;, / ~· of_ nil Lender, Solid W nstc . ~i;. Lou i., !'. f3ull, W u:ite Mgml of Colom!o John E . l.lu:ll1 , Arapahoo Cmmty . , p£ot11: /J~>J ATT. 10 ANKELE, ICENOGLE, NORTON & SETER T. Edward Icenogle Charles E . Norton KimJ. Seter William P. Ankele, Jr. Edward J. Blieszner of Counsel Via Hand Deliverv Daniel L. Brotzman, Esq. City of Englewood A Professional Corporation Barbara K. Tenney Attorneys at Law Tamara K. Gillda 5690 DTC Boulevard Erin M. Smith Suite 300 Greenwood Village, Colorado 80111-3232 Telephone (303) 773-1666 Facsimile(303)773-1883 AINS@Ankeleicenogle.com January 27, 1999 Alan D. Pogue Shelley A. Sackett Dawn C. Watkins 3400 South Elati Street Englewood , Colorado 80110-2304 Re: Emdewood License A!lreement Formerlv Proposed to be Entered Into with Southwest Metropolitan Water and Sanitation District. Dear Dan: As you are aware from our voice mail exchanges , I represent the SouthPark Metropolitan District. SouthPark Metropolitan District is working to facilitate the construction of public infrastructure to serve SouthPark Subdivision Filing No. 5 near County Line Road and Santa Fe. As part of that effort Southwest Metropolitan District and Tim Flynn entered into discussions with you concerning the referenced License Agreement. We were advised that the discussions with Southwest broke down because of your need to have some flexibility to require relocation in the event the city chooses to move or improve the City Ditch. SouthPark Metropolitan District is willing to enter into the License Agreement and will then make other service and maintenance arrangements with Southwest or the City of Littleton. · I have obtained from Tim Flynn copies of his proposed License Agreement and your letter dated November 6, 1998 in response to the draft. We have scanned Tim's draft and inserted the items that were approved in your letter. Paragraph 4 concerning the right of the city to require relocation was left in its original form without the insertions or deletions shown on the redlined draft. If we did everything properly , the enclosed draft should reflect the License Agreement that you and staff had agreed to with Southwest Metropolitan District. In conversations with Stu Fonda, Emil Rothlisberger was advised that the staff would recommend, or at least present, the License Agreement with a ten year limitation on the right to require relocation. Such a limitation would be very helpful for SouthPark in determining how to Daniel L. Brotzman, Esq. Re: Englewood License Agreement Formerly Proposed to be Entered Into with Southwest Metropolitan Water and Sanitation District. January 27, 1999 Page 2 establish a fund for this purpose. Accordingly , SouthPark would like to insert the following language to replace the last sentence of paragraph 4: In the event the Licensee's Facility should interfere with any use of the City's rights-of-way by the City during the ten vears following the date of this License Agreement, the Licensee shall, upon request and at its sole expense, relocate or rearrange or remove its installations so as not to interfere with any such use. Thereafter. the Citv will relocate. rearrange or move the installation at its own expense. if necessarv . Please let me know your thoughts on this additional language and on any other changes you may deem necessary in light of the new parties involved . We are prepared to execute the document and forward the required copies to Ms. Burridge as soon as we hear from you. Thank you for your consideration of this matter. KJS /jvb Enclosure cc: Emil Rothlisberger, w/enc. SPtv!D/LTRS KJS 1038 0048 .03 02 Sincerel y, ANKELE , ICENOGLE, NORTON & SETER ;if 9~ LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the_ day of , 1999, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and SOUTHPARK l\1ETROPOLITAN DISTRICT, hereinafter referred to as "Licensee." WITNESSETH: The City without any warranty of its title of interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a 12 inch PVC sanitary sewer in 22 inch steel casing ("Licensee's Facility") under the City's rights-of-way for the City Ditch, described as a parcel of land situated in the SW 1/4 of Section 32, Township 5 South, Range 68 W of the 6th P .M., County of Arapahoe, State of Colorado and lying within the following described lines: COMMENCING AT A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 32 BEARS S01°10'56"W A DISTANCE OF 2156.82 FEET, THENCE N79°34'19"E A DISTANCE OF 1620.36 FEET TO THE POINT OF BEGINNING; THENCE Nl4°50'41"W A DISTANCE OF 35.50 FEET; THENCE S72°31'27"E A DISTANCE OF 59.17 FEET; THENCE Sl4°50'14"E A DISTANCE OF 35 .50 FEET; THENCE N72°31'27"W A DISTANCE OF 59 .17 FEET TO THE POINT OF BEGINNING. The above-described parcel contains 1775 Square Feet More or Less. 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, licensee's 12 inch PVC sanitary sewer so that the City may, in its discretion, inspect such operations. In the event of an emergency, Licensee may proceed to effect emergency repairs and shall thereafter notify City as soon as is reasonably practicable. 3. Within thirty (30) days from the date of the commencement of construction of Licensee's Facility, the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the Licensee's Facility should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate or rearrange or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the reasonable opinion of the City's Director of Utilities because of the construction of the 12 inch PVC sanitary sewer in 22 inch steel casing or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. Licensee is entering into this Agreement based upon City's representation that Licensee's Facility is crossing a City right-of-way. If it is later determined that Licensee's Facility does not cross a City right-of-way, then this Agreement shall be null and void and of no force and effect. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be back.filled and tamped to the original ground line in layers not to exceed six ( 6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density . 10 . Licensee, by acceptance of this License, expressly assumes liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee negligently performs any work in connection with the crossing provided by this License. Licensee assumes all responsibility for maintenance of Licensee's facility. 11 . To the extent permitted by law and without in any way waiving any of the protections, defenses or immunities under the Colorado Governmental Immunities Act, the Licensee shall indemnify and save harmless the City and its officers against any and all claims, damages or cause of action to which City may be subjected by reason of negligence on the part of Licensee, its agents or employees in connection with the construction, replacement, maintenance or repair of Licensee's facility. 2 12. It is expressly agreed that in case of Licensee's breach of any of the within promises that may cause irreparable harm to the City, the City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnity and save harmless the City, its officers and employees, shall not terminate in any event. In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the City water works plant and system under the control of the City provided the same does not unreasonably interfere with Licensee's facility. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. APPROVED : APPROVED AS TO FORM : SPMDIA GRT KJS 1603 0048 .0302 3 CITY OF ENGLEWOOD LICENSEE: SOUTHP ARK METROPOLITAN DISTRICT 1'1EMORANDUM January 29, 1999 TO : Mr. Bill McCormick, City of Englewood, FAX 303-762-2337 FROM: Bill Kendall, McLaughlin Water Engineers, Ltd. Wf.\C.., RE: Review of Corrected Sewer Pipeline Design Crossing City Ditch at Dad Clark Gulch. TT. II Mr. Kumar R . Halbe from Merrick & Company stopped by and de livered a corrected plan for the proposed crossing of City Ditch at Dad Clark Gulch . I reviewed the plan with him and it appears to me that they have addressed all of the concerns brought up in the December 1998 review memo . Mr . Halbe told me that he has worked with you on the existing 50 foot easement for the Cit y Ditch . I have not reviewed any potential conflicts with easements rights as you probably should have your attorney check this anyway . He believes that there arc no easement issues outstanding. I am sending a copy of the revised plan that he produced and I have marked an addition to the Notes section immediately below the legend which states that the sewer pipe beneath the flume will be installed by boring and not open cut. Note that the designer has added a plan view and a flume crossing detail at the right side which depict the relationship of the flume support system to the proposed sewer pipeline . Please call if you require any further assistance on this matter or have any more questions. MEMORANDUM To : Stu Fonda, Director of Utilities From : John Bock, Utilities Manager of Administration~ Date: December 2, 1998 Subject: Fire Hydrant Permits Here is the draft Fire Hydrant Ordinance which the Water and Sewer Board requested at its last meeting . Your recommendations along with those from Dan Brotzman and Ben Green have been · incorporated . A proposal to revise 12-lB-10: CONNECTIONS TO FIRE HYDRANTS : tfo eonneetion shall be maae to any fire hyara:Ht eJteef)t CONNECTION TO FIRE HYDRANTS IN THE CITY OF ENGLEWOOD SHALL BE PROHIBITED EXCEPT by an employee of the City for Municipal purposes OR BY AN OFFICIAL OF ANY FIRE DEPARTMENT OR DISTRICT FOR .FIRE SUPPRESSION OR EMERGENCY PURPOSES . The Direetor CITY MANAGER or his/her designee may authorize BY A PERMIT exceptions when neeessary to meet effiergeneies A COMPANY OR PRIVATE INDIVIDUAL, WHO IS ABLE TO DEMONSTRATE THE POSSESSION OF PROPER EQUIPMENT AND KNOWLEDGE OF HYDRANT OPERATION, REQUIRES THE TEMPORARY USE OF LARGE AMOUNTS OF WATER. WATER SHALL BE TAKEN FROM THE HYDRANT THROUGH A METER WITH A BACKFLOW ASSEMBLY AND FLOW ADJUSTING VAL VE TO BE SUPPLIED BY THE APPLICANT. WATER MAY BE TAKEN ONLY FROM THOSE HYDRANT(S) WIDCH THE CITY SHALL APPROVE OR DESIGNATE. THE APPLICANT SHALL PAY A DAMAGE DEPOSIT ESTABLISHED BY THE CITY, THE MINIMUM CHARGE FOR TEN THOUSAND GALLONS OF WATER (10,000), AND THE CURRENT PER THOUSAND GALLON CHARGE FOR ANY AMOUNT OF WATER TAKEN OVER TEN THOUSAND GALLONS. Printed on Re cyc le d Pape r.® A -r-r. ,3 MEMORANDUM TO: Mr. Joe Pershin Water Production Supervisor FROM: Officer M.J. O'Connor 9505 DATE: 01-12-99 SUBJECT: Mr. Tom Chesher and Mr. Tom Riotte I would like to bring to your attention at this time, the cooperation and efforts put forth by 1Y1r. Tom Chesher and Mr. Tom Riotte in assisting me \vi th an elderly female \vho' s car had broken down on VI est Belleview Ave. and South Windemere Street on 01-12-99. Their efforts left a very positive impression of the City of Englewood with the stranded elderly female. You can be proud to have individuals of this quality representing your department.