HomeMy WebLinkAbout2000-06-06 WSB AGENDAWATER & SEWER BOARD
AGENDA
JUNE 6, 2000
AFTER DEDICATION CEREMONY
AT ALLEN FILTER PLANT
1500 W. LAYTON A VE.
1. MINUTES OF MAY 9, 2000 MEETING . (ATT. 1)
2. IRS RULING FOR McLELLAN FO UNDATION. (ATT. 2)
3. REGULATORY ALERT-PUBLIC NOTIFICATION . (ATT. 3)
4. QUIT CLAIM & EASEMENT FOR J AMES & GAIL PENNS
4685 S . MARIPOSA ST. (ATT . 4)
5. EASEMENT AGREEMENT -CHERRY HILLS COUNTRY CLUB .
(ATT. 5)
6 . AMENDMENT TOW ASTEW ATER COLLECTION SYSTEM
MAINTENANCE AGREEMENT-CHERRY HILLS VILL. (ATT . 6 )
7. CUSTOMER PROFANITY IN WORKPLACE.
8. OTHER.
******REMINDER-THE ENGLEWOOD WATER BOARD IS INVITED TO
THE CAROLLO ENGINEERS RECEPTION AT THE BROWN PALACE
HOTEL ON MONDAY, JUNE 12 FROM 5:30 P.M. TO 8:30 P.M. *******
WATER AND SEWER BOARD
MINUTES
MAY 9, 2000
ATT. I
1. MINUTES OF THE APRIL 11, 2000 MEETING.
The Englewood Water and Sewer Board Minutes from the March
April 11, 2000 meeting were approved as written.
Mr. Cassidy moved;
Ms. Wolosyn seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the April 11, 2000
Englewood Water and Sewer
Board Minutes.
Wolosyn, Clark, Kasson,
Cassidy, Otis, Bradshaw,
Habenicht
None
Burns, Higday
2. SOUTHGATE SUPPPLEMENTS #146 and #147.
A request was made by Southgate Sanitation District for the
owners, Andrew G.Simcock and Vicki J. Cunningham.
Supplement #146 is for 3.0396 acres. The lo t has a
residential zoning and will remain the same f or a single-
family residence. The property is located n o rth of E.
Orchard Ave., south of Belleview and west of Colorado Blvd.
in Greenwood Village. The address is 3700 E . Williamette
Lane.
A request was also made by the Southgate San i tation District
representing the owner, Richard and Mila Zier nicki, for
inclusion into the Southgate Sanitation Distr ict.
Supplement #147 is for 2.5 acres. The lot has R2.5 zoning
and will remain the same for a single-family residence. The
property is located north of E . Orchard Ave., south of
Belleview and west of Colorado Blvd. in Greenwood Village.
The address is 5807 S. Colorado Blvd.
Mr. Otis moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve Southgate
S u pplement #146 for Andrew G.
Simcock and Vicki J.
Cu nningham and Southgate
S u pplement #147 for Richard
and Mila Ziernicki.
Wolosyn, Clark, Kasson,
Cassidy, Otis, Bradshaw,
Habenicht
None
Burns, Higday
3. LETTER DATED APRIL 25, 2000 TO SENATOR TOM
BLICKENSDERFER.
The Board received a copy of a letter Mr. Fonda sent to
Senator Tom Blickensderfer in appreciation for supporting
Senate Bill 201. Mr. Fonda noted that this Bill could
provide homeowners an option in the case of water damage
resulting from various water, sewer and stormwater problems.
Upon inquiry, it was announced t h at Senate Bill 201 was
postponed indefinitely, and did n ot pass the House on April
4.
4. LETTER DATED APRIL 25, 2000 TO CHERRYMOOR SANITATION
DISTRICT.
The Board received a copy of a letter sent to Cherrymoor
Water and Sanitation District no t ing that Englewood
Utilities Department has completed its inspection of the
sanitary sewer system currently owned by Cherrymoor and that
all maintenance and repair items have been completed.
Upon Cherry Hills Village taking ownership of the Cherrymoor
Sanitation District facilities and completion of
intergovernmental agreements, the City of Englewood
Utilities Department is ready to begin maintenance on this
sanitary sewer collection system .
5. LOWRY LANDFILL LITIGATION.
Stu noted that Englewood has received an offer from the
insurance company involved with the Lowry Landfill
litigation. Our attorneys are negotiating the amount and
the split with the City of Littleton.
6. UTILITIES DEPT. GOALS.
Stu reviewed the goals given to City Counc i l at the May 6
Council/Director's Retreat:
Water Department -
1. Complete construction of the Allen Filter Plant and
optimize process operations.
2. Construct Bear Creek pipeline and attempt winter
operation of City Ditch to allow alternate sources of
supply during low flow periods in the winter.
3. Conduct study on polyphosphate coatings, which would
protect pipes from forming r ust and mineral growth
after cleaning.
Bi-City Treatment Plant -
1. Complete design of next plant expansion including
facilities needed for new regulations.
2. Complete construction of new office complex.
Storm Sewer System -
1. Establish long-term plan for rehabilitation of storm
sewer system
2. Develop funding system for rehabilitation of storm
sewers.
7. AGREEMENT FOR ENGINEERING SERVICES FOR CORROSION
CONTROL.
The Utilities staff has recommended approving to Council a
contract with Montgomery Watson Americas in the amount of
$188,380.00. The contract would be for engineering services
to study the feasibility of using an additive to the water
for corrosion control. If determined feasible for
Englewood's system, Montgomery Watson would determine type
and location of feed pumps, size of tanks and chemical
amounts necessary. They would also determine the
appropriate process for feeding the additive into the
distribution system after the main cleaning process is
completed and the long-range effect of using corrosion
control chemicals.
The Water Board expressed their concerns regarding using
additives. Stu noted that the purpose of the study is to
proceed with caution and the goal of using these proposed
water additives would be to Ultimately alleviate the amount
of sediment coming out of the distribution system for water
and reducing rusty and dirty water concerns.
The next meeting will be held June 6, 2000 at 5:00 p.m.
following the Dedication Ceremony at the Allen Filter Plant.
Respectfully submitted,
Cathy Burrage
Recording Secretary
l"li:Tl:A C. QUTHE;l'IY
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For Deliverv Bv Fax
and First Class Mail
GUTHERY & RICKI.ES, P.C.
ATTORNE:YS ANC COUNSE:L.L.OFIS 1a.T L.AW
Ct-tE:Rf'IY CRS:E:K PLAZA II
eso SOUT H CHE:R~Y 5TFIE:E:T, SU IT E 1000
DENVER. COI.ORADO 80246·1812
T~L.E:?t-tONE: PAX
l303l .:320-saa9 130.Jl :a20-sa90
Daniel L. Brotzman, Esq.
City Attorney
City of Englewood
3400 S. Elati
Englewood, CO 80 110
Re: Letter ruling for hngi"' .. _
Dear Dan:
.)O
1 1v .. u e.J-.J
A II. 2
AL.Elli:l'ITA MATSON
LE:t;.AL. AOMINISTl'IATOR
I am pleased to enclosed a copy of a favorable letter ruling issued by the national
office of the IRS with respect to the Englewood/M:cLellan Reservoir Foundation. This is
an "advance" copy sent to me by fax· the final version of the 1111ing will follow.
Stephen P. Rickles
cc: Stewart H. Fonda, Director of Utilities (by mail)
•..•• --------,,-"--.:...-·.:.: ;J
Internal Revenue Service
Index Numbers: 115.00-00
170.09-01
Stephen P. Rickies, Esq.
Guthery & Rickles, P .C.
650 S. Cheny St, #1000
Denver, CO 80246
Legend
202-622-6802 P.02/13
Department of the Treasury
Walhfngtan, OC 20224
Persan 113 contact
Peter A. Cohn #50-01411
Telephone Nllmbar:
e~~2-r!930
CC:DOM:IT&A:3~PLF~-100548~00
0ats: MAY -9 2000
Entity=
City=
State=
Englewood/Mclellan Reservoir Foundation
Englewood, Colorado
Colorado
Dear Mr. Rickles:
This ls in response to the private letter ruling request dated [)ecember 27, 1999, that
you submitted on behalf of Entity. You have supplemented the ruling request with
correspcndenca dated January 31 . 2000.
ISSUES
Entity requested the following rulings:
1. Entity Is an integral part of City, a political subdivision of State, and Its Income is
therefore not subject to federal income taxation.
2. Charitable contributions to Entity are deductible under§ 170(c)(1) cf the Internal
Revenue Code as contributions to an entity described in § 170(b )( 1 )(A)(v).
3. As an integral part of a political subdivision cf State . Entity is exempt from the
filing requirements of§ 6033(a)(1) of the Code.
~u 1 nt:..r<-1 ex r<-i1.r-,Lt:..::> r-1. .. ,,._. -~'" •I •"""'
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202 622 6802 P.03/13
2
PLR·100548·00
CONCLUSIONS
1. Entity is an integral part of City, and Entity's Income is not subject to federal
income tax.
2. Charitable corrtributions to Entity are deductible under§ 170(c)(1) of the Internal
Revenue Code as contributions to an entity described in§ 170(b)(1)(A)(v).
3. As an integral part of a political subdivision of State, Entity Is exempt from the
filing requirements of§ 6033(a)(1) of the Code.
FACTS
City is (for purposes of state law) a pofltk:al subdivision of State.
Entity was established by ordinanca of the City Council of City. Entity is a State
nonprofit corporation. Entity was termed to lessen t he burdens of govemment of City
by receiving title, from City, to certain real property adjacent to the main reservoir
serving City's residents and by overseeing the development of the property in a manner
that protects the water supply of City. City had acquired title to the reatty as part of the
acquisition of the reservoir.
The City Council of City appoints Entity1s direct.ors. Unless City designates otherwise,
the appointees are, pursuant to EntttYs organizing documenb~, the fellowing employees
of City: the director of utJlities; the assistant city manager. the director of flnanclal
servicss; the manager of engineering services; and the director of neighborhood and
business development. The City Council may remove any director at any time with or
without cause. The following persons serve as officers of entity: director of utilities is
president; finance director Is vice.president and treasurer; and director of neighborhood
and business development is secretary.
The organizing documents of Entity provide that no part of the net earnings of Entity
shall Inure to the benefit of any director or officer of EntJty or any other private
individual. Also, any and all property that may be owned by Entity is and shall always
be exclusively and irrevocably dedicated to the exempt purposes of Entity.
The initial capitalization of Entity consists of real property transferred to Entity by City.
City will be the source of all funds necessary for the conduct b~· Entity cf its activities.
Entity's organizational documents provide that upon its dissolution, after its llabilitles
have been discharged or provided for, Its remaining assets sha ll be transferred to City.
1 iv. o~.:> r . ~/ r
202 622 6802 P,04/13
3
PLR-100548-00
Entity states that it was created by City to (i) serve as City's designee to receive title to
the real property, {Ii) perform such studies as may be necessary to plan for the
development of the property in a manner wh ich protects the water supply of City, (iii)
retain consultants to formulate a development plan for the property which Is acceptable
to City, and [iv) oversee the development In a manner which is consistent with
protection of City.
It is anticipated that the property will eventUally be conveyed to City by Entity unless a
determination is made by City that Entity should retain title to the property as lessor
under long-term ground leases of the pro·perty for developme·nt purposes.
LAW AND ANAl. YSIS
issues 1 and 3:
Section 1.103· 1 (b) of the Income Tax Regulations refers to the term "political
subdivision• as denoting any division of any state or local government unit that Is a
municipal corporation or that has been delegated the right to exercise part of the
sovereign power of the unit.
Income of an integral part of a state or polltlcal subdivision of a state is not taxable
absent specific statutory authorization • .SU Rev. Rul. 87·2, 1987-1 C.B. 18; section
511(a)(2){B) of the Code; GCM 14407, C.S. XIV-1, 103 (1935), superseded by Rev.
Rul. 71~131, 1971-1 C.B. 28. Whether an enterprise Is an lnt<~ral part depends on
facts and circumstances such as the state's degree of control over the enterprise and
its financial commitment to the enterprise. If an enterprise is ~tn integral part of a state,
It will not be treated as a separate entity for federal tax purposes, though it may have
been formed as a separate entity under state law. Section 301.n01-1 (a)(3) of the
Procedure and Administration Regulations.
City formed Entity for its own purposes. City has made a substantial flnancfal
commitment to Entity by transferring significant realty to Entity and assuming
responsibility for Entity's ongoing funding. City retains complete control over Entity
because Cnys Council may remove Entity's directors st any time. City retains control
over the dally operations of Entity by its power to fund Entity's cJperations.
Therefore, Entity is an integral part of City, and Entity's lnco~ is not subject to federal
income tax.
The taxpayer has re<;uested a ruling that as an integral part of a political subdivision of
the state it is exempt from the filing requirements of§ 8033(aX1) of the ~de. Section
1 l V • '-''C.J ...J I oU' I
202 622 6802 P.05/13
4
PLR-100548--00
6033 does not apply to Entity because § 6033 applies only to organizations recognized
as exempt from federal Income taxation under§ 501(c). Mc,reover, the return-filing
requirements of§ 6012 do not apr:>IY to states or their polltl~al subdivisions.
Issue 2:
Section 170(a)(1) of the Code prcvides, subject to certain lfrriitatlons, a deduction for
contributions or gifts to or for the use Of organtzations described in§ 170(c), payment of
which Is made within the taxable year.
Section 170(c)(1) of the Code states that the term "charttable contribu11on" includes a
contribution or gift to or for the use of a State, a possession cf the United States. any
political subdivision of a State or any possession of the United states, the United
States, or the District of Columbia, but only if the contribution is made f'or exclusively
public purposes. ~.~.Rev. Rut 79-.323, 1979-2 c.e. 106 (holding that amounts
contributed to an in dustrial commission established by a state, legislature for excluslvejy
public purposes are deductible under§ 17 0(c)(1)).
Entity was formed to lessen the burdens of government of Cit)f by receiving City's titfe to
the real estate adjacent to the main reservoir serving City's re:;idents and overaeeing
the development of the property ln a manner that protects the water supply of City.
This purpose is "an exciuslvely public purpose" required by§ 170{c)(1) for contributions
to a State or a political subdivision of a State.
Sines we have concluded In our discussion of Issue 1 that Enti'ty is an Integral part of
City, which Is a political subdivision of State, contributions or gifts to or for the use of
Entity are contributions or gifts to or for the use Of an entity de!icribed In § 170(c)(i) of
the Code. Accordingly, contributions or gifts to or fer the use of Entity are to or for the
use of a political subdivision of State and are for exclusiVely public purposes and are
therefore generally deductible under§ 170(c)(1) to the extent ctherwfse provided under
§ 170.
Section 170(b)(1) of the Code provides limitations on the amount that an individual can
deduct for charitable contributions in a taxable year. Section 1 ~'0(b)(1 )(A)(v) provides
that any charitable contribution to a lfgovemmental unrt" referred to In§ 170(c}(1) is
allowed to the extent that t he aggregate of such contnbutions does not exceed 50
percent of the taxpayer's contribution base for the taxable year.
Since Entity Is an Integral part of a political subdlvison of State, Entity is a
"governmental unit" described in§ 170(b)(1)(A)(v) of the Code. Therefore, charitable
l'iU • t:l ~3 I-' • ( / (
202 622 6802 P.06/13
5
PLR·100546-00
contributions to Entity are deductible under§ 170{c}(1) of th1a Internal Revenue Code as
contributions to an entity described in§ 170(b)(1 )(A)(v).
No opinion is expressed about the federal income tax treatment of the transaction
under other provisions of the Code.
The above rulings are directed only to the taxpayer who requested them. Section
-· 611 O(k)(3) of the Code provides that these n.i~ngs may not be used or cited as
precedent.
Endosure:
Copy for§ 6110 purposes
Sincarety,
Acting Assistant Chl ·ef Counsel
(Income Tax & Aca>untlng)
• ) ..
. : From ~ AWWA (303) 795-1989 05 116100 05:53PM To : City ofEnglewoo d City ofEnglewoc
0A, American Water Works Association
TO:
FROM:
DATE:
Ded1cored ro Safe Dnnkmg Warer
REGUJJATORY ALER1C
Publication of Final Public Notification Rule
A WW A Leadership
All Utilities
Jack W. Hoflbuhr
May 16 , 2000
(303) 794-77 1 I
Fox (303) 795-1989
0060 we!>1 Qv1nCy Avenve
Denver. CO 80235
On May 4, the U.S EnVU'onm tal Protect10n Agency (USJ~ A) issued its final version of the
Public Nonficanon Rule (PNR) m the ederal Ri:gmer (65 fR 259 82). The: PNR outlines how
USEPA intends to require commumty water providc:rs to inform thc ·1r consumers at nmes about
V10latioruo of the Sate Drmkini,: Water Act (SDWA) at the utilitY. AWWA stron2ly suppons
increased commurncanon bc:tweai utihties and their customt'I'S, and considers the PNR an opponunity
for ut1httes to enhance those communications.
It is also unponam for uttht1es to rem~bi::r that the issuance of the PNR placc:s lln obligation
on th~ to be fonhcoming with infonnanon about their SDW A violanons . Ttie PNR 0ruarant1:i:s that
utilities that experiem:e SDWA violanons and do not attempt to nonfy consunu:rs, and rcgullltOrS in
some t:ases, Wlll face: more serious problems with rcgula1or5 than those who are open about the:
qllalicy concerns that may an~e To that dld, A WW A encourages water utilities to acquaint
thc:mselvcs Wlth the PNR and iO teVIew the USEPA 's PNR handbook on the different levels of
noLificanon requm:d by the PNR . Hard copies of the PNR handbool.: will be ~vallablc from USEPA
later th1s spruig; however, interested unllties can download a PDF version of rhe draft handbook now
on tht' USEPA webstte:
bnp://ww¥1.epa.go v/safewater/pn.bnnl
Backgrouud:
The Safe Drinlang Water Act of 1996 reqwrcd USEPA to C:•tablish g~idebnes JJnder wluch
communitY water supphc:rs would infonn their consumers of any SDW A v1olanons affecnng theu
water supply_ USEPA's response to this dm:ctivc: Wall the PNR, which estabhshes three tiers of
public notifkation tor the rc:poning of v1olat1ons, based on the: risk posed by the viol anon. The
requin:mtnts for each ner of notification are chscus:sed bt:low, bur A WW A strongly encow-ages watet
utilitic:s ro obtaJn and unhzc: the PNR handbook for their work in complying with the PNR .
Tier 1 notificanon is necessary an)' time a violation presents a Slgnifii:ant potential to havi:
senous advc:n;e effects on human health a:> a result ot' short-tenn exposure:. USEPA consid~s
violation of the MCL for any of the followini contammants to be a Tier l situation:
• frcal cohform. mcludini the failure to test for fecal cohfonn after posmve total cohfonn
tc:sts occur .
• N1tn1tc::S, nitrites or nitrate/mtntc: combinations
. (
From: AWWA (303) 795-1989 05 116100 05 :53PM To : City ofEnglewood City ofEnglewood (303) 762-2337
®A American Water Works Association
DeCl iCaTeCI TO 5o fe Drink.mg WOTer
Chlorine dioxide residual
<303) 794-7711
Fax (303) 795-1989
6606 We~'t Ql..1ncy Avenue
~nvoi r. CO 80235
•
• Excessive: Turbid1ty levels or a trc:annc:nt technique viola1tion when the State or USEPA
deems the: situation a T1et 1 threat .
• Waterborne: disea~ outbreak
Any time such a violation anses water suppliers arc: rc:quir~d imdtr the PNR to distribute
nonces of the problem to the public wjJhjn 24 hows ofbecoming awiU"c of the:: problem . Tms 24
not1ficanon 1s one of the maJor PNR revisions . The PNR also requm!s water suppliers faced Wlth a
Tier l situanon to consult with me State or USEPA within the same tnne fran1e .
Tier 2 notification 1s rc:quircd in cases when a Vlalanon has senous, bi.it not munedlate
effects on human health. V1olanons falling into this category mcludf ·:
• All othc:r MCL, Maximum Residual .Dally Levels or Treannent Tccluuque violanons
not considered a Tier 1 sn~non.
• Monitoring or testing proc~ure violations as the Stare ot USEPA deems appropnate .
• Non-compliance with variance and exemption (V &E) condmons
In the case of a Tic:r 2 s1tuation ansmg, warer utiliti~s mLISt notify their consi+mers within
30 days. The PNR allows the State or USEP A to authorize a three-month extension for
notification ofresolvc:d situations .
Tic:r 3 notification 1s requin=d for all other violal!Ons not talhng undc:r Tii:rs l or 2. Thc:y
1ncli.1de:
• Opt:ration under a V &E .
• Special public notices, i.e. fluoride levels in excess of th1: secondary MCL;
avallab1hty of UCMR. materials.
Tier 3 situations must be as pan of a utility 's annual Conslllllet Confidence Report
The PNR also estabhshes standard langua&e to be used by utdnics m monitonng dnnkmg
water quality and lrtatment, and grants utilities flexibility m determmmg what methods of
dehvery for thc:sc notificanons Wlll best sc:n-c: thc:ir consumers . Finally , those who receive the
pubhc nonces from utilities are encouraged under the PNR to disnibute the infonnanon to other
members of the public who may not have access to them (i.e .. apamnc:m tenants and ho~-pital
panc:nts).
A -r-r.
QUIT CLAIM DEED
'IH5IE!D, made this day of
between TIIE CITY OF ENGLEWOOD , COLORADO
a Home Rule Municipality
3400 South Elati Street
Englewood, Colorado 80110
,2000,
of the County of Arapahoe and State of Colorado, grantor, and
JAMES and GAIL PENNS
whose legal address is 4685 South Mariposa
Englewood, Colorado 80110
of the County of Arapahoe and State of Colora do, grantee(s),
1fRJ!-F/
WITNESSETH, That the grantor, for and in consideration of the sum of Ten and
no /100 -----------------------------------------------------------------------DOLLARS the receipt
and sufficiency of which is hereby acknowledged, has remised , released, sold, conveyed
and QUIT CLAIMED , and by these presents doe s remise, release, sell, convey and QUIT
CLAIM unto the grantee(s), their heirs , successors and assigns, forever, all the right,
title, interest, claim and demand which the grantor has in and to the real property,
excluding improvements , if any, situate, lying and being in th e County of Arapahoe and
State of Colorado, described as follows:
A parcel of land situated in part of the Northeast Quarter of Section 9 Township
5 South, Range 68 West. 6th Principal Meridian, City of Englewood, County of
Arapahoe, State of Colorado , being more particularly described as follows:
Commencing at the Center Quarter corner of said Section 9; thence along the
Southerly line of said Northeast Quarter Due East a distance of 905.96 feet;
thence departing said Southerly line Due North a d istance of 83. 76 feet to a point
on the Westerly line of the City Ditch, said point also being the Point Of
Beginning; thence departing said Westerly line N 88° 4fi' 00" W a distance of
32.18 feet to a point on the Easterly line of lot 13 of the Bell Isle Gardens
Subdivision as recorded in Book 7 , at Page 3, of the Arapahoe County Clerk and
Recorders Office ; thence along said E a sterly line N 08° 16' 22" Ea distance of
124.96 feet; thence continuing along said Easterly line N 08° 15' 00" W a distance
of 100.00 feet; thence departing said Easterly line N 89° 47' 00" Ea distance of
10.98 feet to a point on said Westerly line; thence along said Westerly line S 11 °
04' 51" E a distance of 53.31 feet; thence continuing along said Westerly line S
07° 57' 20" Ea distance of 50.60 feet ; thence continuing along said Westerly line
S 00° 09' 00" Ea distance of 120.94 feet to the Point Of Beginning.
Said parcel contains 4, 132 square feet or 0 .009 acres more or less.
As shown on the attached map (Attachment A).
TO HAVE AND TO HOLD the same. together with all and singular the appurtenances
and privileges thereunto belonging or in any wise thereunto app ertaining, and all the
estate, right, title. interest and claim whatsoever. of the grantor, either in law or equity,
to the only proper use. benefit and behoof of the grantee, their h eirs and assigns forever.
IN WITNESS WHEREOF, The grantons) has executed this deed on the date set forth
above.
CITY OF ENGLEWOOD, COLORADO
,Mayor
ATIEST:
Loucrishia A. Ellis. City Clerk
-2-
Attachment A
CITY DITCH EASEMENT
Lying and being in the County of Arapahoe and State of Colorado, described as follows:
A parcel of land situated in part of the Northeast Quarter of Section 9 Township
5 South, Range 68 West, 6th Principal Meridian, City of Englewood, County of
Arapahoe, State of Colorado, being more particularly described as follows:
Commencing at the Center Quarter corner of said Section 9; thence along the
Southerly line of said Northeast Quarter Due East a distance of 905.96 feet;
thence departing said Southerly line Due North a distance of 83. 76 feet to a point
on the Westerly line of the City Ditch, said point also being the Point Of
Beginning; thence departing said Westerly line N 88° 45' 00" W a distance of
32. 18 feet to a point on the Easterly line of lot 13 of the Bell Isle Gardens
Subdivision as recorded in Book 7, at Page 3, of the Arapahoe County Clerk and
Recorders Office; thence along said East erly line N 08° 16' 22" Ea distance of
124.96 feet; thence continuing along said Easterly line N 08° 15' 00" W a distance
of 100.00 feet; thence departing said Easterly line N 89° 47' 00" Ea distance of
10.98 feet to a point on said Westerly line; thence along said Westerly line S 11°
04' 51" E a distance of 53.31 feet; thence continuing along said Westerly line S
07° 57' 20" Ea distance of 50.60 feet; thence continuing along said Westerly line
S 00° 09' 00" Ea distance of 120.94 feet to the Point Of Beginning.
Said parcel contains 4, 132 square feet or 0.009 acres more or less.
As shown on the attached map (Exhibit Attachment A).
EXHIBIT
PART OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6th PRINCIPAL
MERIDIAN, CITY OF ENGLEWOOD, COUNTY
OF ARAPAHOE, STATE OF COLORADO
NORTH PER
N 89"47'00" E
10.98'
NORTHERLY LINE OFJ 0
THE PENS SUBOMSION 0
0
0
0
CXl .
P.4RT DF !...DT 13 -=-a
E£LL !~7!.£ GARE£1V~~
BELL ISLE GARDENS SUBDMSION .
0 25 50 100
o::~
SCALE: 1 "=50'
EASTERLY LINE OF
CV •
."l lg
~..,,:
• CV q, .....
0
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ATTACHMENT "A"
i#'\CEN'TERUNE l..QC'.AllON OF CITY DITCH AS
FlEl.D LOCATED AUGUST 1999
t."1 i#'
L--l--~STERI. Y LINE OF "THE CITY DITCH
AS ESTABL.JSHEJ) BY A CERTIFICATE
OF SURVEY ANll LEGAL OCSCRIFTlON
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DI.TED MARCH 17, 1979 l'ftEPARED
BY PAUL F. l<APAUti. PffOFESSIONAL
LAND SUR'IEYOI'~ PlS NO. 1'410..
(APPARENT!.Y UNREroROED,
OBTAINED FROM THE CITY OF
ENCU:WOOO ENl::INEERING SERVICES)
AREA=
4, 13:2 SQUARE FEET
0.009 ACRES
MORE OR LESS
sournERLY LINE OF LOT 13 BEU. ISLE
THE PENS SUBOl\/1SION_1_ -:_~SUBOMSION --....,..--l
N 88°45'00" If)
32.18'
I
~
I
POINT OF
!)E6/NN/N6
0 0''NTOF ~~I~. T I /1 ...., .... <' Ck.5T !/-f COKNt:K 5ECTKJN 9
COt111 FN'f Pf1ENT ~0 ,l'J FOUND 3 1/4" ALUM CAP IN RANGE BOX
t J-, VI-, ~ ~ "COLO DEPT OF TRANSPORTATION I TSS R68W 1/4 S9jS10 1996 PLS NO 23516"
k' ~ __ 905.96' ______ _y_ _!?_3~ L~
' ~. DUE EAST 2639.46' ~ -~
1«2mi
Ct:NTEK !1-f CORNER 5ECTION 9
FOUND 3 1/4" ALUM CAP IN RANGE BOX
"COLO DEPT OF TRANSPORTATION
T5S R68W C 1/4 SEC 9 1997 PLS NO 10734"
1. THIS EXHIBIT DOES NOT REPRESE)(T A WONUMEMml SURllEY,
IT IS INTENDED TO ONLY DEPICT THE ATTACHED 0£5CR1P'llDN.
2. IWilS OF BEARING: THE SOUTHERLY LINE Of THE NORTHEAST
OF SECTION 9 WAS HELO AS DUE EAST BASED UPON THE
SUBOMSlON PlAT "BEU. ISLE GARDENS" AS RECORDED IN
PlAT BOOK 7 AT PNJE. J Of' THE ARAPAHOE COUNTY
RECORDS.
NO. 01.Tt: REVISION
EXHIBIT
ATTACHMENT "A"
BY
YLSTRA
AKER
URVEYING, INC.
PART OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6th PRINCIPAL
IAERIOIAH, CnY OF ENGLEWOOD, COUNTY
OF ARAPAHOE, STATt: OF COLORADO
1s10 WEST runs AllDIUE • D«:UWDOD, cc ao110 I
PHOHE (JOJ) 7111-Cl700 _ fM (JOJ) 7111-41aJ F.B. 0<. JRZ JOB 990509
E-llNL 'zBSOMHO.NET" DR. LD ~IT 10 6 99 EXHJBIT.OWC
SHEET
2 OF 2
GRANT OF CITY DITCH EASEMENT
THIS GRANT of City Ditch Easement (this "Grant") is made this _ day of. ___ _
2000, by James and Gail Penns ("Grantor") whose address is 4685 South Mariposa,
Englewood, Colorado 80110, in favor of the CITY OF ENGLEWOOD ("Grantee") whose
address is 3400 S. Elati Street, Englewood, Colorado 80110 .
The parties covenant and agree as follows:
1. Easement Property. The "Easement Property" shall mea n the real property located
in the County of Arapahoe, State of Colorado, more particularly described on
Attachment A, consisting of 2 pages, attached hereto and incorporated herein by
reference.
2. Consideration. As consideration, Grantee has given Grantor ten dollars ($10 .00)
and other good and valuable consideration, the receipt of which is hereby
acknowledged by Grantor.
3. Grant of City Ditch Easement. Grantor hereby grants to Grantee, its successors and
assigns, a perpetual easement (t h e "City Ditch Easement) over, under, across and
through the Easement Property for the purpose of constructing, operating,
maintaining, repairing, replacing, removing, improving and enlarging the City Ditch.
The City Ditch shall mean the City Ditch and all necessary underground and surface
appurtenances thereto necessary or desirable for the transmission of water
including, but not limited to, mains , conduits, vaults and ventilators .
4. Access. Grantee shall have the perpetual, nonexclusive 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 right s granted to Grantee under this Grant.
5 . Restoration. Grantee agrees that after the construction, m aintenance, repair,
replacement or enlargement, if any, for the City Ditch, Grantee shall restore the
surface of the Easement Property as n early as possible to the grade and conditions
existing immediately prior to said construct ion, maintenance , repair, replacement or
enlargement, except as may be necessary to accommodate t he City Ditch. Grantee
further agrees to replace any topsoil removed from any cultivated or agricultural
areas on the Easement Property and to remove any excess earth resulting from said
construction, maintenance, repair, replacement or enlargement, at Grantee's sole
cost and expense.
6. No Improvements. Grantor covenants and agrees not to construct, erect, place or
plan any "Improvements," as hereinafter defined, on the Easement Property without
obtaining the prior written consent of Grantee. "Improvements" shall mean any
structure, building, planting, trees, shrubbery, or garden other than a grass type
lawn. Grantee shall have the right to remove, without any liability to grantor, any
improvements constructed, erected, placed or planted on the Easement Property
without Grantor's having obtained the prior written consent of Grantee. If such prior
written consent is not obtained, Grantee shall not be responsible for repair or
replacement of the Improvements if they are damaged during construction,
maintaining, repair, replacement or enlargement.
7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall
have the right of subjacent and lateral su pport on the Easement Property to
whatever extent is necessary or desirable for the full, complete and undisturbed
enjoyment of the rights granted to Grantee under this Grant.
8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use,
and occupancy of the Easement Property insofar as said ownership, use, and
occupancy is consistent with and does not impair the rights granted to Grantee in
this Grant.
9. Abandonment. In the event that Grantee shall abandon the rights granted to it
under this Grant, all rights, title and interest hereunder of Grantee shall cease and
terminate, and Grantor shall hold Easement Property, as the same may then be,
free from the rights of Grantee so abandoned and shall own all materials and
structures of Grantee so abandoned , provided that Grantee shall have a reasonable
period of time after said abandonment in which to remove any or all lines and
appurtenances from the Easement Property. In the event that Easement is
abandoned by Grantee, Grantor shall have the right, at its sole option, to require
Grantee to remove or neutralize any improvements constructed in the Easement by
Grantee. · '
10. Warranty of Title. Grantor warrants and represents that Grantor is the owner of
the Easement Property and that Grantor h as full right, title and authority, to grant
and convey to Grantee the Easement. Gr a ntor further covenants and agrees to
indemnify, defend and hold Grantee harmless from and against any adverse claim to
the title to the Easement Property by all and every person or persons lawfully
claiming or to claim the whole or any part thereof.
11. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal
representatives, 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 has executed this Grant of City Ditch
Easement the day and year first above written.
GRANTOH.:
James Penns
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
Acknowledged before me this __ day of _____ _ '2000, by
Jam es Penns as Owner.
Notary Public
My Commission expires: _____ _
GRANT OR:
Gail Penns
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
Acknowledged before me this __ day of _____ _ '2000, by
Gail Penns as Owner.
Notary Public
My Commission expires: _____ _
ATTEST: GRANTEE:
THE CITY OF ENGLEWOOD
Title:-----·-----
Attachment A
CITY DITCH EASEMENT
Lying and being in the County of Arapahoe and State of Colorado , described as follows:
A parcel of land situated in part of the Northeast Quarter of Section 9 Township
5 South, Range 68 West, 6th Principal Meridian, City of Englewood, County of
Arapahoe, State of Colorado, being more particularly described as follows:
Commencing at the Center Quarter comer of said Section 9; thence along the
Southerly line of said Northeast Quarter Due East a distance of 905.96 feet;
thence departing said Southerly line Due North a distance of 83. 76 feet to a point
on the Westerly line of the City Ditch, said point also being the Point Of
Beginning; thence departing said Westerly line N 88° 4!)' 00" W a distance of
32.18 feet to a point on the Easterly line of lot 13 of the Bell Isle Gardens
Subdivision as recorded in Book 7, at Page 3 , of the Arapahoe County Clerk and
Recorders Office; thence along said Easterly line N 08° 16' 22" Ea distance of
124.96 feet; thence continuing along said Easterly line N 08° 15' 00" W a distance
of 100.00 feet; thence departing said Easterly line N 89° 47' 00" Ea distance of
10.98 feet to a point on said Westerly line; thence along said Westerly line S 11°
04' 51" E a distance of 53.31 feet; thence continuing along said Westerly line S
07° 57' 20" Ea distance of 50.60 feet; thence continuing along said Westerly line
S 00° 09' 00" Ea distance of 120.94 feet to the Point Of Beginning.
Said parcel contains 4, 132 square feet or 0.009 acres more or less.
As shown on the attached map (Exhibit Attachment A).
EXHIBIT
PART OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6th PRINCIPAL
MERIDIAN, CITY OF ENGLEWOOD, COUNTY
OF ARAPAHOE, STATE OF COLORADO
N
NORTH PER
N 89"47' oo· · E
10.98'
NORTHERLY LINE OFJ
THE PENS SUBOMSION
E£LL J~7L£ GARE£li~7
EDDA~ 7 P.4G£ 3
BELL ISLE GARDENS SUBDIVISION
0 25 50 100
Eb~
SCALE: 1 "=50'
EASTERLY LINE OF
SOUTHERLY LINE OF LOT 13 BEU. ISLE
ATTACHMENT "A"
L--+--ESTERLY LINE OF THE CITY OITCH
IS ESTABLISHED BY A CERTIFICATE
OF SURllEY ANO LEGAL DESCRIPTION
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DATED MARCH 17, 1979 PREPARED
BY PAUL F. KAPAUN, PROFESSIONAL
L»IO SURVEYOR, PLS NO. 1 "4104.
(APPARENTLY UNRECORDED,
OBTAINED FROM THE CITY OF
ENGLEWOOD ENGINEERING SER\llCES)
AREA=
4, 132 SQUARE FEET
0.009 ACRES
MORE OR LESS
THE PENS SUBOMS10~ --.:1_ -GARDEN.:._SUBOMSION -----t
N 88"45' 00" If)
32.18'
I ,..,
I
POINT OF f:l~I~
COt1t1ENCEt1ENT ~~I~
FO/NTOF
f?E6/NNIN6
e/6T !14 CORNeR 5eGT/ON '?
FOUND 3 1/4" ALUM CAP IN RANGE BOX
"COLO DEPT OF TRANSPORTATION t ~ -_905.96' -----_ 1_ _!7_33.50'
'\: ~ . DUE EAST 2639.46'
f TSS R68W j/4 59~10 1996 PlS NO 2.3516"
.tmIES
cetvrt:R 114 CORNeR 5eGTION 9
FOUND 3 1/4" ALUM CAP IN RANGE BOX
"COLO DEPT OF TRANSPORTATION
T5S R68W C 1/4 SEC 9 1997 PLS NO 10734"
1. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURllEY.
IT IS INTENDED 10 ONLY DEPICT THE ATTACHED DESCRIPTION.
2. ~S OF BEARING: THE SOUTHERLY LINE OF THE NORTHE!ST
OF SECTION 9 WIS HELD IS DUE EAST BASED UPON THE
SUBDMSION PLAT "BELI. ISLE GARDENS" IS RECORDED IN
PLAT BOOK 7 AT PAGE 3 OF THE ARAPAHOE COUNTY
RECORDS.
I YLSTRA
AKER
URVEYING, INC.
NO . CATE REVISION
EXHIBIT
ATTACHMENT "A"
BY
PART OF THE NORTHEAST QUARTER Of SECTION 9,
TOWNSHIP 5 SOun-t, RANGE 68 WEST, 6th PRINCIPAL
MERIDIAN, CllY OF ENGLEWOOD, COUNTY
OF ARAPAHOE, STATE OF COLORADO
1510 WEST TUFTS AVENUE • EliGUWDOO, CO 1111110 f-----r------.-----.-----t
PHONE (JOJ) 71!1-0700 -Fl¥. (JOJ) 71!1-4111J F.8. CK. JRZ JOB I 990509 SHEET
E-llAIL "ZllSOllHO.NET" DR. LD ™TE 10 6 99 EXHISIT.DWG 2 OF 2
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this t<;(f-tida y of h'\.o-q , 2000
between Cherry Hills Country Club, a Colorado non-profit corporation (hereirfufter called
the "Grantor"), and the Cherrymoor South Water and Sanitation Di st rict , a quasi-
municipal corporation of the State of Colorado whos e legal add ress is c/o Ma so n Rus se ll
West, LLC , 739 West Littleton Boul evard, L itt leto n, Colorado 80120-2337, (her e inafter
called "District'').
WITNESSETH:
For and in consideration of the sum of TEN and NO ONE HUNDREDTHS
DOLLARS ($10.00) and other good and valuable consideration to the Gran tor in hand-
paicl by th e District, the receipt of which is he reby acknowledged, Grantor docs hereby
grant and convey unto the Di stri ct, it s successo rs and assig ns, a permanent non-exclu s ive
easement to enter, re-enter , occupy and use the real property des cribed below to construct,
access, repair , replace, remo ve, operate and maintain one o r more sa nitary sewe r
pipelines , manholes and sub surface appu1ienances thereto, of such si ze and capacity as
the District determines necessary, in, through. over and across the following described
real property s ituated in th e Co unt y of Arapahoe, State of Co lorad o, (hereinafter
"Property") to wit:
Cherry Hills Cou ntry Club
Four ( 4) parcels of land identified herein as Parcel No. I, Parce l No. 2,
Parcel No. 3, and Parcel No. 4, which are more particul a rly desc rib ed on
"Ex hibit A'', (consisting of three pages) which is attached hereto and
incorp orate d her e in by this refer ence.
Parcel Nos. I , 2, 3, and 4 are depicted on a drawing wh ich 1s attached
her e to as "Ex hibit B''.
TO HA VE AND TO HOLD said easement unto the District, its successo rs and
assigns, forever. As part of the grant herein contained, the parti es hereto mutuall y agree
and covenant as follows:
I. The District, its licensees , employees, agents and contractors, shall have and
exercise the right of ingress and egress, in, to, through , over and across a ll of Grantor's
golf course property, including but not limited to the above-described Property for any
purpo se rea sona bly neces sa ry for the full enjoyment of any other right of occupancy or
use provided for herein; pro vid ed, howev er, that the movem ent of men , equ ipment ,
machin ery, and vehicles shall be und er th e dir ectio n of Grantor 's gro unds s up erintendent,
who shall route traffic and designate storage areas for mate rial s a nd equ ipm e nt during
construction and maintenance activ itie s when necessary. The construction , storage and
movement of vehicles , truck s, and mac hin ery sha ll be conducted at all times by the
District in a manner so as to insure the least po ss ible interferenc e with play on the golf
course.
2. Except for emergency maintenance, all routine and non-routine
maintenance wo rk on the District's sewer lines and re lated facilities, shall be performed
during November of each yea r; provided, ho wever, th at if such work cannot be performed
during November for any rea so n, Grantor shall designate two months o ut of the e nsuing
month s of December through February inclu s ive, during which suc h maintenance wo rk
ma y be performed by District or its independe nt co ntractor. No lat er than October I O'h of
each year , District sha ll notify Grantor of th e maintenance work Di st ri ct plan s for the
ensuing month of November or that due to sc heduling or other problems, planned
(hcrryl h l!s\1114Jo:r-Cit)IEJ5ClllClll SI
Chcrryll1llsCC-NI JOO dot
maintenanc e work cannot be perfom1ed durin g sa id month of Nove mb er. If Gra ntor ha s
an y objection to the mainte nance work planne d during Novembe r (o r in th e eve nt Di st rict
ha s notified Gra ntor that maintenance work can not be performed during November),
Grantor shall immediately des ignate two of th e month s mention ed ea rli er in this
para grap h during which the Di strict , may, at it s option , perform th e plann ed ma int e nance
work.
For purp oses of thi s Ease ment Agreemen t, ro utin e maint e nance work is defined as
re g ularl y scheduled maintenance suc h as flushing, clea nin g and in spect io n of sewe r line s
and rel ated facil iti es. No n-routin e maintenance wo rl< is defined as any maintenance,
other than emergency maintenance th at is not regularly scheduled suc h as point repairs or
re placem e nt s due to o bso le sce or deteriorati on of sewer pip e and re lated facilities.
Eme rg e ncy maintenance is defined as any maintenance which the District determines
ca nnot be deferred and mu st be done imm ediate ly.
3. Grantor ag re es to noti fy the District, in writing, at lea st three (3) yea rs in
advance of a ny major golf tourn ament to be held at the Club. Except in th e case of
emergency situations, the Di strict agrees not to perform any maint ena nc e, ro utin e o r non-
routine, on th e sewe r lin es located on the Propc1iy within 18 mo nth s preceding any major
go lf tourn ament to be held at the C lu b, provided that Gra ntor has g iven the District
adva nce noti ce as set forth in thi s paragraph 3, and provided further that the District s ha l I
have access to the sewe r lin es for ma int enance , routine or non-routine, at least every 18
months, if notice is given by Gra n tor und e r the te rm s of this Paragraph. In the event that
Grantor hosts any major or minor golf tourna me nt with res pect lo which it is unable to
noti fy th e Di stri ct at least three years in advance, Gra ntor shall give the District written
noti ce thereof as soo n as practi cab le and th e District ag rees to utili ze it s best effo rt s to
avo id any ma inten ance, routine or non -routi ne, prior to and durin g said tournament whi c h
could adv e rs e ly affect the playing co nditi o ns or th e safe ty of potential spectato rs and
players during sa id tournament.
4. The District, with Grantor's supervision, sha ll ha ve the right to mark eac h
manhol e on the surfac e, with a fonn of perma nent identific ati on that is appropriate fo r
individual id en tifi ca ti on of the manh o les and which is approved in advance by the
Grantor, which a pprov a l shall not be unreasonab ly withh e ld .
5 . Excep t in the case of emergency ma in te nance, Gran tor sha ll have th e opt ion
of us ing its own gro und ma int enance crews to remove and repl ace all sod and land scapi ng
that mu st be removed to enable th e District to perform routine and non -routin e
ma inten ance , provided, Grantor has fir st delivered to the Di st ri ct fo r it s approva l: (a) a
writt e n sco pe of wo rk that id entifi es, to the District's sat isfaction, the materials to be
use d ; and (b) a n itemized cost est imat e for the wo rk and materi als.
In the eve nt the District does no t approve of the scope of work and /or th e cos t
es tim ate, th e parties shall immediate ly confe r fo r the purp ose of reso lvi ng the dispute. In
the eve nt the disp ut e is not resolved, the matte r shall be submitted as soo n as possible to
an indep end e nt eng ine er whose decision as to th e sco pe of th e wo rk a nd whet her th e
estimated costs th ereof are reaso nabl e, sha ll be fi nal. If the parti es ca nn o t agree o n an
independent e ngi neer to whom to submit their dispute, each party shall designate an
e ng in ee r. The tw o eng in eers sha ll c ho ose the ind epe nd ent engi nee r who sha ll hea r the
parti es' dispute a nd s ha ll enter a decision as soo n as possible. Ti;e decis ion of the
e ng ine e r sha ll be final , no t appealable by either s ide excep t for fraud a nd gros s ab use of
discretion. The cos t of thi s s im plifi ed arbitrat ion procedure sha ll be sha red eq ual ly by
Gra ntor and the Di stric t.
6. The Di str ict shall pro vid e Gra nt o r with a la yo ut representing to the
District's best knowledge, inform ati on and be li ef, th e locat ion of the District's sewe r
lin es, manh o les and re lat ed facilities sc hedu led to receive routine and /or non-rout in e
2
maintenance . Said layout shall be provided each year concunent with the delivery of the
notice de sc rib ed in paragraph 2 above, to permit Grantor sufficient time to prepare the
written scope of work and cost estimate for the District's approval and a lso to afford
Grantor sufficient time to perform such sod and landscape removal as is nece ssa ry. In the
event Grantor, for any reason , elects not to use its own maintenance crews to remove and
replace sod and landscaping, it shall so notify the District. The District sha ll then be free
to perform the work us ing its own crew s or co ntractors and to do so at th e Di strict's so le
cost and expense. In the event Grantor uses its own crews to remove and replace sod and
land scaping, it sha ll invoice the District for such wo rk and land sca ping materials , and the
District shall have 30 days after rece ipt of the sa me in \Vhich to pay the in vo ic e.
7. The District and Grantor mutually agree that should emergency repair
services for the sewer lines be required at any time, the District shall, through its
authorized sewer maintenanc e contractor, hav e access to the sewer line s with the ac tual
cost of such emergency services to be billed and paid by the District. Notification of the
Gran tor, through its genera l manager and coordination of efforts between the Gran tor and
the District sha ll be undertaken by the District as so on as possible following discovery of
such emergency. Until the Grantor is otherwise notified, the District's authorized 24-hour
sewer service contractor for emergency purposes is AquaSource Services and
Tec hnol ogies , Inc., 12570 East 39'11 Avenue, Denver, Co lorad o 80239-3421; telephone
number (303) 307 -3200. The District co ntemplat es assigning this Easement to the City of
Cherry Hills Vi ll age. Effective upon assignment, and until the Grantor is otherwise
notified, the City's 24-hour sewer service contractor for emergency purposes is The City
of Eng le wood, Co lo rado located at 3400 S. Ela ti Street, Englewood , Colorado; telephon e
number (303) 762-2643.
In the ev ent that emergency repair services are required and no official of the
District can be reached after there has been a reasonable effort to do so, Grantor may
contact said authori ze d eme rgency sewer services contractor directly and request such
emergency repair services as are reasonable and necessary under the circumstances. The
District shal l be responsible and liable for any and all damage occurring to Grantor 's
grounds and the golf co ur se ca used by said emerge ncy repair serv ices to the ex tent not
covered by the contractor's liability insurance. The District's li ability, howev e r, shall not
extend to any indirect or consequential damages including , but not limited to , the loss of
revenues or fees resulting from damage to Grantor's grounds and the go lf co urse unless
said damage results from District's negligence .
8. Gra nt or sha ll not construct or place any stru ctu re , including but not limit ed
to any fences or buildings , temporary or permanent, or plant any tree , woody plant or
nursery stock of any kind on any part of the Property that wo ul d interfere with the
operation, maintenance, repair and replacement of District's san it ary sewer line and
related facilities .
9. Grantor retains the right to the und isturbed use and occupancy of the
Prop erty insofar as such use and occupancy is consistent with and does not impair the
operation and maintenance of the District's sewer line and appurtenances located or to be
loc ated therein and insofar as such use and occupa ncy is not inconsistent wit h and does
not impair any gran t or covenant contained herein .
I 0. The District, in operating its sanitary sewer system on the Prop e rt y, shall be
responsible for insuring that all manhole covers shall be set a minimum of 12 inches
below existing grade and the Gran tor ma y place sod ove r these manhol e cove rs.
I I . The District shall have and exercise the right of subjacent and lateral
support to whateve r extent is necess a ry or de s irable for the full, comp lete and unmolested
e njo yment of the District's rights herein granted. Gran tor sha ll take no action which shall
impair the earth overburden or the lateral or subjaccnt support for any of the District's
3
facilities that may be installed hereunder; pro vid ed , however , that upon obtaining the
specific written permission of the District, the eaii h overburden of any of th e District's
se wer lines may be modified, but it is understood that no1111all y permission will not be
g ranted for a modification in vo lvin g a cover of less than 4 1/2 feet nor greater than 15
feet, me as ur ed ve rtic a lly from the top of the sewer lin e. Any mod ific at ions of the earth
overburden will be upon term s which provide fo r re imburse ment to th e Di strict of th e cost
of a ny alternation or relocation of any Distri c t facilities made necessa ry by the ea rth
overburden mod ification.
12. ln the case the Di strict sha ll abandon its rights herein gra nt ed and cease to
use the sa me, all ri g ht , titl e and interes t of th e District hereund e r, shall cease and
terminate, and the Grantor shall hold th e Propert y, as the same ma y then be , free from the
District's rights so abandon ed, and shall own al I materials , structur es and faci Ii ti es of the
District so abandoned , but no thin g he re in co nt a in ed shall be co nst ru ed as wo rkin g a
forfeiture or abandonment of a ny int erest or rights hereund er a nd not owned by the
Distri ct at th e time of th e aba nd onm ent of the District's ri g hts . In th e event th e Di st ri ct
abandons its sa nit ary sewe r lin e lo ca ted within th e Ease ment , th e District agrees that it
will cap the sewer lin e and fill any manh o les loca ted thereon with sa nd, all at the
Di strict 's so le cost and expe nse.
13. Each and every one of th e benefits and burdens of thi s Easement Deed shal l
inure to and be bindin g upon th e res pecti ve le ga l representati ves, heir s, exec utor s,
administrators, succes sors and assigns of the parties hereto.
14 . Grantor warrants that it ha s full ri g ht and lawful authority to grant th e ri ght s
contained her e in .
15. The District shall be re s ponsibl e and liable for any and all da mage
occurring to Grantor's grounds and th e golf course caused by any ma int enan ce work
performed by the Di s trict on the sewe r lines pursuant to this Easement Agreement. Said
li ability shall not exte nd to any indirect or co nsequential dam ages, in cl ud in g but not
limited to, th e loss of reve nue s or fees res ultin g from such dama ge, unl ess sa id damage
result s from District 's neg ligen ce.
16. The Di st ri ct reserves the right to abandon the sewe r line id entifi ed on
Exhibit "B" as sewer lin e B "located within Pa rce l No. 2" if the use r of th at lin e, the
C herry Hills School Di strict No. 5, can obta in sewe r se rvic e for the Cherry Hill s
Elementary School throu g h the Cherry Hills Sanitation Di strict. At such time as sewe r
se rvic e for th e Cherry Hills Elementary School is tran s ferr ed to the C herry Hill s
Sanitation District , the District will re linquish all of its right , title a nd int eres t in and to
the Easement extending in, throu g h, ove r and across Parcel No. 2 and sha ll co nvey all of
its right , title and int e re st in and to the sewer lin e lo ca ted within said Parc e l to Grantor,
afte r ca ppin g the sewer line and filling the manhole s loc a ted th ere o n w ith sand , a ll at the
District's so le cost and expense.
17. The District ag rees th at other public utilities such as gas, e le ctri c and
telephon e lin es may be installed in th e abov e-d esc ribed easement as lon g as they do not
interfere with the District's ri ghts here in granted and as long as piping crossing the sewe r
lin e at the discretion o f the Di stri ct, is metalli c or concrete or is encased i'l an accepta bl e
materi a l. Any and all utiliti es which parallel the Distri c t's facilitie s wiil not be permitted
within fi ve (5) feet of Di stri ct's facilities witho ut prior co nse nt from the District. T he
int ent is to rese rve for District's sewer lin es at least ten ( l 0) feet of the casement widt h.
18 . lt is agreed that by reaso n of that ce11ain agreement elated October 9, 19 70
betw ee n the parties , Grantor ha s a reserved capac it y of 178 s in g le-fa mil y eq ui vale nt I
sewe r taps in the sewer line lo cated on Gra nt or's go lf cours e property and that at least 70
of tho se s in g le-fa mil y eq ui va len t sewe r taps are prese ntl y connected to th e District's
4
sewer lines. Whatever remaining sewer tap capacity Grantor has in said lines, ma y be
used by Grantor within the go lf course propert y; provided, Grantor pays District $100.00
for each single-family equivalent tap connected to District's sewer lines from and after
the date of this Easement Agreement. Notwithstanding any other provision contained
herein , each and every sewer tap reserved here in for the Grantor's usc and benefit that is
not placed into service within l 5 yea rs from th e date of this Easement Agreement, shall
expire and be of no further force and effect. The preceding sentence applies only to the
sewer taps re se rved by the District for the Grantor in the October 9, 1970 Agreement and
not to any sewer taps that Grantor mu st purchase from the City of Englewood , Colorado,
in order to utili ze said reserved taps. All taps purchased from the City of Englewood,
Colorado expire within one yea r from the da te of purchase if not soo ner acti vated. All
other terms and provi s ions of th e pai1ies' October 9, 1970 agreement as well as any other
agreements between the parties , including but not limited to that certain letter agreement
dated May 5, l 986 , shall automatically terminat e and be of no further force and effect at
such time as an order from the Arapahoe Co unt y Di strict Court, dissolving the District is
recorded upon the public records of Arapahoe County , Colorado.
IN WITNESS WHEREOF, Grantor ha s executed this Easement Agreement as of
the day and year first above written
CHERRY HILLS COUNTRY CLUB, a
Colorado non-profit corporation
jl, /) '<-rl
By:. Ste~e T. ~~z , Gene :a;7M~:~b c; "\...
By: '.(_)/_x81.tl·H · -(,{_f{~>{_c, /!),t_:~)11.t'o, J
William J. , President
ST A TE OF COLORADO )
)ss
COUNTY OF ARAPAHOE )
T. Kleme nz, as The foregoin2 instrument was acknowle dged before me by S t eve VliH"iam J. Wh;i_te . ---------
Genera l Manager, and I as !:'resident &fl{! ____________ ia:sXS~i"Ctlll'j'X
of Cherry Hj J 1 Country Club this 26th day April , 2000.
·~.·My :.::o m mission expires: '(-/ ,;, · J ,:·,--,,
·:·:· .' ;·,: ·, :Witt-Jes~ my hand and official seal.
5
Notary Pu blic
\j .1:~ \ I 1-,,
Address
ATTEST:
ST A TE OF COLORADO
~~TY OF A~~Afi0E''~ )ss
)
CHERRYMOOR SOUTH WATER AND
SANITATION DISTRICT, a quasi-municipal
corporation of the State of Colorado
The foregoing in strum ent was acknow ledged before me by J A&E .S d CzCiK L)()l\J
as President a:tm of Cherrymoor South water & JallxStoor;e1:ati91<
_jqf_s _a-ni-. t_a_t_i-on_D_i _s -tr_i_· c-t -thi s /J ~ day !-IA'( , 2000.
My commission expires: / -.~l:l --o ~
APPROVED AS TO FO RM :
C ITY OF ENGLEWOOD
.. ,,. -..•·,q: " ,.,.,,,,_ . ·(~'t .• 1·1 · ----..~r-· <i , t 1 1 ~ I 1 l :
fl
The foregoing instrument was acknowledged before me this /J ~day Of
;l/d y , 2000 , bN4/.'yJ). A-ur-<.C'/ as S£&::£r,4,..:_ Y of Cherrymoor South
Water & Sanitation District.
, --1&.... . , _... . ,,, 6-.. u .. ,,___ "-. ~""--~) J
Notary Publ ic IJ
My commission e xpires: /--2 .. c -o .2.
6
' \
EXHIBIT A /
CHERRY IIlLLS COUNTRY CLUB SANITARY SEWER EASEMENTS
Parcel No. 1
Line A
A Parcel of Land located in portions of the NW IA, SWIA and SEIA of Section 2, Township 5 South,
Range 68 West of the 6th P .M., City of Cherry Hills Village, Arapahoe County, Colorado being more
particularly described as follows:
A strip of land 30 feet in width, 15 feet each side of a centerline described as follows:
Beginning at a point on the south lot line of Lot 5, D.E. Buchanan Subdivision Amended Plat (Plat Book
~
18, Page 21) which lies 74.3 feet westerly from the Southeast Comer of said Lot 5 and from which the
Southeast Comer of said Section 2, Township 5 South, Range 68 West bears S 59°17'32" E, 5003.3 feet,
more or less; thence S 07°23'35" E, 8.33 feet; thence S 47°18'01" E, 297.72 feet; thence S 66°57'57" E,
327.49 feet; thence N 73°44'13" E, 356.72 feet; thence N 89°03'19" E, 165.56 feet; thence
S 40°25' 16" E, 222.24 feet; thence S 49°40'51" E, 397.38 feet; thence S 51°46' 19" E, 226.55 feet;
thence S 76°31' 16" E, 297.87 feet; thence S 70°39'52" E, 254.12 feet; thence S 71°27'22" E, 139.77
feet; thence S 79°59'34" E,298.32 feet; thence S 72°54'48" E, 298.35 feet; thence S 56°49' 12" E, 229.04
feet; thence S 32°14'03" E, 201.73 feet; thence S 71°16'05" E, 198.32 feet; thence N 78°45'03" E,
362.80 feet to the Point of Terminus which bears N 26°34'47" W, 12i?9.5 feet, more or less, from the
Southeast Corner of said Section 2, Township 5 South, Range 68 West..
Said parcel contains 128,469 square feet or 2.949 acres, more or less.
Parcel No. 2
Line B
A parcel of land located in the SE JA of Section 2, Township 5 South, Range 68 West of the 6th P .M., City
of Cherry Hills Village, Arapahoe County, Colorado being more particularly described as follows:
A strip of land 30 feet in width, 15 feet each side of a centerline described as follows:
Beginning at a point from which the Southeast Corner of said Section 2, Township 5 South, Range 68
West bears S 44°49'.18" E, 1995.3 feet, more or less; thence S 51°15'23" E, 221.85 feet; thence
S 22°37'37" E, 207.26 feet; thence S 03°20'24" E, 233.09 feet; thence S 09°41'42" E, 298.39 feet;
thence .s 38°38'34" E, 380.74 feet; thence S 39°04'37" E, 246.27 feet; thence S 73°;53'24" E, 132.05
feet; thence N 86°10'07" E, 51.03 feet; thence N 87°38'38" E, 164.93 feet; thence N 89°35'59" E, 15.41
feet to the Point of Terminus which lies on the westerly lot line of Lot 3, Fairway Subdivision (Plat Book
1 69-028.00.5
( }
EXHIBIT A
CHERRY mLLS COUNTRY CLUB SANITARY SEWER EASEMENTS
(Continued)
50, Page 33) and bears N 82°42'02" W, 341.7 feet, more or less, from the Southeast Corner of said
Section 2, Township 5 South, Range 68 West.
Said parcel contains 58,531 square feet or 1.344 acres, more or less.
Parcel No. 3
Line C
A parcel of land located in the SE~ of Section 2, Township 5 South, Range 68 West of the 6th P .M., City
of Cherry Hills Village, Arapahoe County, Colorado being more particularly described as follows:
A strip of land 30 feet in width, 15 feet on each side of a centerline described as follows:
Beginning at a point from which the Southeast Corner of said Section 2, Township 5 South , Range 68
West bears S 52°56'40" E, 2653.9 feet, more or less, thence S 08°15'58" W, 410.66 feet; thence
S 26°46'26" E , 299.26 feet; thence S 27°09 '31 " E , 299.11 feet; thence S 14°32'14" E, 404 .60 feet;
thence S 28°20'21" E, 291.96 feet; thence S 01°16'16" E, 14.27 feet to the Point of Terminus which lies
on the north right-of-way of East Quincy Avenue and bears S 89°53'04" W, 1665.1 feet, more or less~
from the Southeast Corner of said Section 2, Township 5 South, Range 68 West.
Said parcel contains 51,596 square fee t of 1.185 acres, more or less.
For the above described parcels , all boundary lines shall be extended or truncated as required at angle
points, property lines and/or rights-of-way to complete a continuous strip of land 30 feet in width.
For ·the above described parcels, bearings are based on the south line of the SE~ of Section 2, Township
5 South, Range 68 West of the 6th P.M. bearing N 88°51 '08" E as given on the "Arapahoe County
Horizontal Control Network Phase IV" drawing for Arapahoe County by Mountain Surveying & Mapping,
Inc ., dated November 4, 1997.
2 69-028 .005
~:-.·_
EXIIlBIT A
... A
\" .;
CHERRY HILLS COUNTRY CLUB SANITARY SEWER EASEMENTS
Parcel No. 4
LineD
A parcel of land located in the SE~ of Section 2, Township 5 South, Range 68 West of the e'1 P.M., City
of Cherry Hills Village, Arapahoe County, Colorado being more particularly described as follows:
A strip of land 30 feet in width, 15 feet on each side of a centerline described as follows:
Beginning at a point from which the Southeast Comer of said Section 2, Township 5 South, Range 68
West bears S 51°56' 10" E, 2521.8 feet, more or less; thence N 31°32'06" E, 300.33 feet; thence
N 49°32'31" E, 341.01 feet to the Point of Terminus which bears N 37°40'16" W, 2567.2 feet, more or
less, from the Southeast Corner of said Section 2, Township 5 South, Range 68 West.
Said parcel contains 19,240 square feet or 0.442 acres, more or less.
All boundary lines of the above described parcel shall be extended or truncated as required at angle points .
to complete a continuous strip of land 30 feet in width .
Bearing are based on the south line of the SE;4 of Sec ti on 2, Township 5 South, Range 68 West of the
6th P.M. bearing N 88°51'08" E as given on the "Arapahoe County Hor~ontal Control Network Phase
VI" drawing for Arapahoe County by Mountain Surveying & Mapping, Igc., dated November 4, 1997.
'• 3 69-028.005
.··
..
EXHIBIT "B "
8
I AT/. ~
AMENDlVIENT TO WASTEWATER COLLECTIO N SYSTEM
MAINTENANCE AGREEMENT -CITY OF CHERRY HILLS VILLAGE
Th is Amendment to Wastewater Colle cti on System Ma in tenan ce Agr ee m ent
-City of Cherry Hills Village, is made and entered into this 3 OTH day of
MAY , 2000, by and between the City of Englewood, a Colorado municipal
corporation (hereinafter referred to as "E ng lewood"), acting by and through its duly
elected, qualified and authorized Mayor and City Clerk, and the City of Cherry Hills
Village, a Colorado municipal corporation (hereinafter called "Cherry Hills"), acting by
and through its duly elected, qualified and authorized Mayor and City Clerk.
RECITALS
WHEREAS, on October 2, 1995, Englewood entered into a Wastewater Collection
System Maintenance Agreement ("Agreement") with Cherry Hills; and
WHEREAS, pursuant to the Agreement, Cherry Hills granted to Englewood a
license, but not ownership of certain sanitary sewer collection facilities consisting of
approximately 56 accounts and 8,343 linear feet of sanitary sewer line (hereinafter the
"Wastewater Collection System") formerly operated by the Cherryridge Water and
Sanitation District; and
WHEREAS, pursuant to the Agreement, Englewood aimually inspects, flushes and
cleans the Wastewater Collection System and responds to "all emergency calls, takes
appropriate corrective action, and when necessary, locates all sewer lines and answers
inquiries concerning the Wastewater Collection System; and
WHEREAS, as part of an ongoing program to consolidate a fragmented sanitary
sewer service within Cherry Hills , Cherry Hills is in the process of acquiring from time to
time, ownership of individual sewer collection systems previously owned and operated
by special districts located entirely within Cherry Hills; and
WHEREAS , as each such special district is dissolved, its sanitary sewer system is
transferred to , and becomes a part of, the Wastewater Collection System owned by
Cherry Hills which transports the sewage collected therein to Englewood for treatment;
and
WHEREAS, Cherry Hills desires to obtain, and Englewood is willing to provide,
routine and non-routine maintenance and repai r services wi th regard to the Wastewater
Collection System, as the same may be so expanded from time to time ; and
(hcrr; Hill~ \'1 lll~i.: · C11y\Ag:rli:mc111s\
Am~·11Jmu111n \\';ucw~r cr C\lllC1.:u~~11 .·\l!f.do,·
WHEREAS, the parties desire to amend the Agreement to provide that with the
prior approval of the Director of Utilities for Englewood, Englewood will provide routine
and non-routine maintenance and repair services with regard to the Cherry Hills
Wastewater Collection System as the same is expanded from time to time.
NOW, THEREFORE, in consideration of the promises and for other good and
valuable consideration, the sufficiency of which is hereby acknowledged, it is mutually
agreed by the parties hereto as follows:
1. The Agreement is hereby amended to include the following additional
paragraph no. 18:
18. Coverage for Additions to Wastewater Collection Svstem. The
Wastewater Collection System which is the subject of this Agreement, may
be enlarged, expanded and extended ("enlarged") from time to time by
Cherry Hills, with the written consent of the Director of Utilities for
Englewood. To so enlarge the Wastewater Collection System, Cherry Hills
shall provide the Director of Utilities a written notice of intent to enlarge
the Wastewater Collection System that describes, in as much detail as
Englewood requires, the nature and extent of the additional sanitary sewer
collection system and facilities Cherry Hills wishes to bring within the
terms and conditions of this Agreement. Englewood shall have 60 days, or
such longer period of time as it may require, to respo.nd to said request. If
Englewood is willing to provide routine and non..:routine maintenance
services and repairs for the Wastewater Collection System as so enlarged,
Englewood will so indicate in writing and will state to Cherry Hills the
terms and conditions, if any, that must be satisfied before this Agreement
will apply to the enlarged Wastewater Collection System. At such time as
the conditions have been fully satisfied, in Englewood's sole discretion,
Englewood will issue a notice of acceptance and the additional sanitary
sewer system and facilities described in the request shall automatically
become part of the Wastewater Collection System of Cherry Hills and shall
be subject to all of the terms and provisions of this Agreement without any
further action by either Cherry Hills or Englewood.
? Except as so modified, the Wastewater Collection System Maintenance
Agreement -City of Cherry Hills Village, shall remain in full force and effect. In the
event of a conflict between the provisions of this Amendment, and the provisions of the
Wastewater Collection System Maintenance Agreement, this Amendment shall control.
2
IN WITNESS WHEREOF , the parties have execut ed this Amendment as of the
day and year first above written.
ATTEST:
Loucrishia A. Ellis, City Clerk
ATTEST:
By: ~L~
Darlene French, City Clerk
3
CITY OF ENGLEWOOD, COLORADO,
By:~~~~~~~~~~~~
Thomas J. Bums, Mayor
CITY OF CHERRY HILLS VILLAGE
. ·. -1->
--; \ ----, ..
By: f l :"'\,.._ L("', 'l--
John F. Welborn, Mayor