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HomeMy WebLinkAbout2001-05-08 WSB AGENDA" ' WATER & SEWER BOARD AGENDA Tuesday, May 8, 2001 PUBLIC WORKS CONFERENCE ROOM (south conference room, 3rd floor) 1. MINUTES OF THE MARCH 13, 2001 MEETING. (ATT. 1) 2. ULTRA-VIOLET STUDY. (ATT. 2) 3. WOLHURST LANDING SURFACE DRAIN. (ATT 3) 4. McBROOM DITCH -3601 S . JULIAN ST. (A TT . 4) 5. ITRON METER READING EQUIPMENT COSTS. (ATT. 5) 6. LICENSE AGREEMENT FOR CITY OF LITTLETON STORM D RAIN AT ASPEN GROVE. (ATT. 6) 7. BROWN DITCH LICENSE AGREEMENT-WATSON LANE. (ATT . 7) 8. OTHER. WATER AND SEWER BOARD MINUTES MARCH 13, 2001 A TT°' I The meeting was called to order at 5:04 p .m. Members present: Members absent: Cassidy , Habenicht, Bradshaw Wolosyn, Clark, Burns, Higday , Otis , Kasson Also present: Stewart Fonda, Director of Utilities 1. MINUTES OF THE FEBRUARY 13, 2001 MEETING. The Englewood Water and Sewer Board Minutes from the February 13, 2001 meeting were approved . Ms. Bradshaw moved; Mr. Habenicht seconded: Ayes: Phone Vote (due to lack of quorum ) Nays: Members absent: Motion carried. To approve the February 13, 2001 Englewood Water and Sewer Board Minutes. Cassidy , Bradshaw , Habenicht Clark, Higday , Otis None Wolosyn, Clark, Burns, Higday, Otis, Kasson 2. ASPEN GROVE LICENSE AGREEMENT. The Board received a request from the Aspen Grove Lifestyle Center Properties for a License Agreement for constructing telephone, water and electric lines across the City ' Ditch pipe in the new development to be called Aspen Grove . The development will be located at approximately 7100 S. Santa Fe Drive on the west side. Easement 1 is for a utility trench for power and telephone conduits. Easement 2 is for a water main to service the area. Both are an approved distance beneath the Englewood's existing City Ditch pipe. Power, telephone and water are all located in S. Santa Fe Dr. and these lines must cross Englewood's City Ditch to serve the Aspen Grove development. Prior to construction , Aspen Grove replaced the existing open City Ditch line with a 60" enclosed reinforced pipe to prevent seepage into the future de velopment. Conduits were laid prior to the City Ditch pipe installation to prevent disturbing the ditch after the pipe was installed. Mr. Cassidy moved; Mr. Habenicht seconded : Ayes: Phone Vote (due to lack of quorum) Nays : Members absent: Motion carried. 3. MISC. NEWSPAPER ARTICLES. To recommend Council approval of the License Agreement for utility crossing for Aspen Grove Life s tyle Center Properties to cross the Ci ty Ditch with telephone, water and electric lines. Cassidy , Bradshaw , Habenicht Clark, Higday , Otis None Wolosyn , Clark, Burns, Higday , Otis , Kasson The Board received two water-related articles. The first one was dated March 11 , 2001 from the Denver Post regarding a water war over who control Clear Creek , which in turn affects its' kayak course and the Georgetown Loop steam train. The second article is dated M arch 13, 2001 from the Denver Post and is regarding Golden's kay ak course on Clear Creek. I The meeting adjourned at 5:50 p.m. The next meeting will be held March 13 , 2001 at 5 :00 p .m. Respectfully submitted, Cathy Burrage Recording Secretary I ATT .. 2 'CDM Camp Dresser & McKee Inc. consulting 133117th Street, Suite 1200 engineering Denver, Colorado 80202-1562 construction Tel: 303 298-1311 Fax: 303 293-8236 operations April 25, 2001 Mr. Stewart Fonda Director of Utilities City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 Subject: Letter Agreement COM-Sponsored UV Disinfection Research Project Dear Mr. Fonda: This letter will constitute an Agreement between City of Englewood, Colorado (OWNER) and Camp Dresser & McKee Inc. (E GINEER) for laboratory and rep o rt services related to an ultraviolet (UV) disinfection research project beLng executed by ENGINEER. The research project involves a 'first-of-its-kind' survey of filtered water supplies in the United States with varying raw water sources, treatment processes, and filtered water quality. The study will examine similarities or differences in UV inactivation of MS-1 coliphage virus for a diverse group of filtered water supp Lies . MS-2 is likel y to be the target bioassay organism selected by U.S. Environmental Protection Agency (EPA) for conducting UV reactor validation studies for receiving disinfection credit under the Long-Term 2 Enhanced Surface Water Treatment Rule (L T2ESWTR). The research results will support the development of a defensible UV reactor validation protocol to be included in the UV disinfection guidance document now under preparation by Er A. The services to be provided by ENGINEER to OWNER include the following: • Collection of two filtered water samples from water treatment plant locations to be selected jointly by ENGINEER and OW ER • Collection of basic raw and filtered water quality information fo r each sample location for inclusion in the study report • Sh..ipment of samples to Duke Uruversity laboratory for analysis • Preparation of samples including inoculation with MS-2. coli phage v irus as the bioassay test organism • Development of a dose response curve for each sample consisting of five discrete doses from 0 to 100 rnJ I crn 2 and a water column depth of 1 cm 9998\3134 1\GS .TASKB\FONDALTRDOC 4125101 sd I ·CDM Camp Dresser & McKee Inc Mr. Stewart Fonda April 25, 2001 Page2 • Development of a dose response curve for each sample consisting of five discrete doses from 0 to 100 rnJ I cm2 and a water column depth of 10 cm • Preparation of a letter report presenting the methodology, fin d ings , and conclu sions of the study The overall UV disinfection research study will be completed by December 31, 2001. The OWNER will be notified on the schedule for collecting filtered water samples by May 31, 2001. A draft report will be submitted to OWNER within 1 month of the actual sample collection date. The OWNER agrees to make a lump sum payment to ENGI EER in the amount of $10,000 within 30 days of receipt of invoice from ENGINEER for this project. The invoice will be submitted to OWNER concurrent with the submission of the letter report. Acceptance of this Agreement will be indicated by the signature of an authorized person on both o riginal copies of this letter. One copy should be return ed to ENGINEER. We look forward to your partic ipation in this exciting UV disinfe cti o n research project. Very trul y yours, 9998131341 \GS.TASKB\FONDAL TR.DOC 4/25101 sd AGREED TO BY OW NER ~{~i."-- Stewart Fonda Director of UtiJties J Lj/z 1 /o / Date • Date August 21 , 2000 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Participation in the Wolhurst Landing Surface Drain STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Eng lewood Water and Sewer Board recommended Council approval at their May 8 , 2001 meeting of the agreement to pay $28,665 toward construction of a surface drain at Wolhurst Landing . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED It was learned during litigation with Wolhurst Landing that an appropriate French drain had not been installed under the buildings that are adjacent to the City Ditch, making the buildings vulnerable to water damage. The Uti lities Department offered to assist Wolhurst Landing Owners Association whereby the City and the Association would jointly partic ipate in the installation of a French drain along the buildings adjacent to the ditch. The City would supply labor and materials and the Homeowner's Association would be responsible tor removing and replacing porches, fencing and other obstructions and repairing the sod and sprinkler system , it necessary. The offer is being made as a "good neighbor" gesture. The Association and homeowners agree that the City will not warranty or guaranty the proposed drain and will indemnify the City against any responsibility in the event of claims of damages relating to the drai n . The Association will own, maintain, repair and replace the drain as necessary. FINANCIAL IMPACT Wolhurst Landing had bids submitted from two contractors. Tarin Construction was the low bidder and will be retained to build and install the drain tor the amount of $28,665.00. LIST OF ATTACHMENTS Letter of Agreement from Wolhurst Landing Owners Assoc. dated April 23, 2001 WOLHUR.ST LANDING OWNERS ASSOCIATION Mr. Stewart H. Fonda Director of Utilities City of Englewood 1 000 Englewood Parkway Englewood, CO 80110 Dear :M r. Fonda. April 23, 2001 The Wolhurst Landing Owners Association ("Association") is pleased to ac cept your good neighbor offer to pay $28,665 toward the construction of the concrete surface drain ("Drain") along the stretch between the City Ditch and the row of townhomes to the west, even though the City of Englewood ("City") has no responsibili ty to do so. The Association understands that the City has reviewed the two proposals that were submitted to them based on the engineerin g CAD design drawings. The Citv is .._ ...... -...... "' agreeing to pay $28,665 to the Association to hire Tarin Construction to build and install the Drain. The Association and the effected homeowners agree that the City will not w arranty or guaranty this Drain . The Association agrees to indemnify the City against any responsibilit y in the event of claims of damages relating to the Drain. The Association will own, maintain , repair, and replace the Drain as necessary. Sincerely , Name Signature hes1c1c7N+ Title !f/25/c I Date cc. Bill McCormick , Superintendent of Utilities Managed by Hammersmith Management, Inc. 2535 South Wadsworth Boulevard Lakewood, Colorado 80227 Phone (303) 980-0700 Fax (303) 980-0576 Brent C. Elzinga, Managing General Partner Brenden Investments PO Box43 Conifer, CO 80433 4/16/2001 Bill McCormick, Operations Supt. City of Englewood l 000 Englewood Parkway Englewood, CO 80110 RE : McBroom Ditch use Dear Mr. McCormick : It is our understanding that we have shares in the McBroom Ditch that were owned by either Title or prior use by the person w e purchased the property@ 3601 S . Julian St. from in 1994 . That was the representation from Mr. Laraas whom , unfortunately , passed away before the transaction was completed . We completed the sale with the heirs of wlr. Laraas and the y have confirmed the use of the ditch for well o ver 50 years . We are currently researching for the documentation but are prepared to do whatever is necessary to defend our rights thereto . It is my understanding that Englewood City personnel have been trespassing upon the property and this cannot be tolerated . As far as your management of the ditch across our property, my understanding is that you must gain my permission before setting foot outside the ditch where it is within our property boundaries, I would advis e that you check w ith counsel before doing otherwise . The sanctity of our individual property rights will be vigorously defended and you are advised that any trespass will be documented and any necessary action taken, both at the property and legally . You would be totally out bounds to take action outside the ditch bank as mentioned in your letter( recei ved 4/1 4/0 l) without a Court Order in any event and it would be our intention to take such actions seriously as a violation of our private property rights There is an elderly tenant in the property as well and it would serve us all well not to create an y confrontations at the property . If you have further discussions regarding this matter prior to hearing back from me please contact me at the above address , I would prefer that all communications be in writing . Yours Trul y, ~·· '~&-· 7 ,,:--_: , .. ~~ ii , /'j J - Brenden Invest~ents Q . CC: 'the file ' Charles, Holland & Hart .. c T y April 9, 2001 Branden Investments P .O. Box 43 0 F Conifer, CO 80433-0043 Re: Owner of 3601 S. Julian St. To Whom It May Concern: ENGLEWOOD It has been brought to my attention that an illegal pump has been placed in our irrigation ditch behind the residence at 3601 S . Jul i an Street in Sheridan, Colorado. Onl y registered shareholders of the McBroom Ditch Company are allowed to use the water in McBroom Ditch. If you cannot provide proof that you have registered shares in the McBroom Ditch Company the pump and associated piping must be removed immediately . Englewood City personnel have been instructed to confiscate the pump and piping on April 15 , 2001 unless proof of ownership of ditch rights has been delivered. If you need any further infonnation please give me a call at 303-762-2652 . Sincerely, ·-~t-17/~~ Bill McConnick Operations Supt. -Utilities City of Englewood 1000 Englewood Par kw ay En gl ewood, Colorado 80110 Phone 30 3-762·2635 FAX 303-783-6894 www.ci .engle1vood.c o .us MEM -ORANDUM To : Stu Fonda , Director of Utilities From : John Bock , Utilities Manager of Administratio'8'3 Date : April 19 , 2001 Subject: Itron Equipment Costs A -r T. 5 With the introduction of the Itron radio frequency meter reading system , the quest ion has arisen as to how much of the cost of the Itron encoder, receiver , transmitter (ERT) our customers should pay. As an example , a%" meter with an ERT costs $170 .00 as opposed to a%" meter with a normal remote register which costs $114.13. Also , as we convert existing meters , the property owner will not pay for the ERT. This cost will be spread across all rate payers. We are looking for a way to be fair to alL It is our proposal that the customer should pay only the amount they would have paid for their pit meter, meter with remote , or meter and meter pit before Itron came on the scene . That is , the customer will pay the equivalent of a meter with a normal pit register or remote and not the full cost of the meter with the ERT. Once a year we will check with our area meter representative to determine the going cost of a meter without the ERT. The customer coming in to buy a meter will be charged that price . The balance will be spread across all rate payers . r,::.., 1 ~~ Prinred o n Recyc!ed Paper. 2_l Date May 21, 2001 INITIATED BY Utilities Department ATT. ~ COUNCIL COMMUNICATION Agenda Item Subject License Agreement for City of Littleton Storm Drain Crossing at Aspen Grove STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION A Grant of Construction Easement, License Agreement and Quit Claim Deeds for an Exchange of Real Estate Agreement for the Englewood City Ditch to Aspen Grove for the Poag & McEwen Lifestyle Centers was passed by Council on October 16, 2000. Council passed a License Agreement for the Aspen Grove Lifestyle Center at their January 9, 2001 meeting for allowing telephone, water and electrical lines to cross the City Ditch. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended Council approval at their May 8, 2001 meeting of the License Agreement with the City of Littleton. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Littleton is requesting a License Agreement for the purpose of constructing a storm drain crossing structure across the City Ditch right-of-way in the new development to be called Aspen Grove. This will be a retail development that will be part of the Poag & McEwen chain. The development will be located at approximately 7100 S. Santa Fe Drive on the west side. The crossing structure conduit was laid prior to the City Ditch pipe installation to prevent disturbing the ditch after the pipe was installed. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance License Agreement CITY DITCH LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of this day of ______ , 20_, by and between the CITY OF ENGLEWOOD , a municipal corporation of the State of Colorado, herein referred to as "Englewood", and THE CITY OF LITTLETON, a municipal corporation of the State of Colorado, whose address is 2255 West Berry Avenue, Littleton, Colorado 80165, herein referred to as "Littleton". WHEREAS, Englewood without any warranty of its title or interest whatsoever, hereby approves the storm drain crossing structure (the "Crossing") that has been previously constructed over the City's Right-Of-Way for the City Ditch, described on Exhibit A consisting on one (1) page attached hereto and made a part hereof. 1. Englewood shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the Englewood's Right-Of-Way , at any time and in such manner as the City deems necessary or convenient. Englewood reserves the exclusive right to control all easements and installations. In the event the Crossing sho uld interfere with any future use of the City 's Right-Of-Way by the City , the Licensee shall, up on request and at its sole expense , relocate , rearrange , or rem ov e its installations so as not to interfere with any such use . 2. Any rep a ir or replace ment of any Englewood installations made necessary, in the opinion of Englewood's Director of Utilities because of the construction of the Crossing or other appurtenant installation thereof, shall be made at the sole expense of the Licens ee. 3. 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. 4. The Licensee assumes all responsibility of maintenance of the Storm Drain Crossing structure. 5. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may , at its option, have specific performance thereof, or sue for damages resulting from such breach. 6. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate. 7. In granting the above authorization, Englewood reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water and irrigation ditch and system under the control of the City. IN WITNESS WHEREOF , this instrument has been executed as of the day and year first above written. DATE : *'~/ ,,&:~ 'Littleton Ci~ J,ttomey Date : ¥/17 "/ DATE: ____ _ LICENSEE: CITY OF LITTLETON By~~~ LI CENSOR: CITY OF ENGLEWOOD APPROVED: By: __________ ~ Stewart Fonda, Director CITY OF ENGLEWOOD acting through and by its Water and Sewer Board By ___________ _ Chairman -2- I I 0 0 o 0 0 0 0 0 ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... :::•::::::::::: .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t&i-00 :·~ . J!I • ii: ·F..· ~;~ + ' ~ r: . .. .. . L .. : !: '~:; . .. 1j ~ :i::. -i .. ~jl::. I ,. : I. IS I Comp uter Fil e Ji:i .fo r :71 at io n CJT'f OITCH 8COK 1864, to "" piped it Pflal. '4"Rf;P '.......,__. i . . .· I .,~~tr ~•'-t::n'-O al ' )4~ :o _, ... , Jl\a'I ) t I . . . 1 .. .. 1J ... co I .: ····~ 11+CO Sh ee t Re •1i s io n s Cimon ila te: 08 /JO j,2 0 0 0 ln itial3: JS <E) 1 9 /12 /0 0 REV1S8 ?E.~ COOT REDUNES I. lc:lt t.lod i fi~tion Date: 09 /1 ZJ.2000 lnitio ts: sa GE:) 1-::::=.:::;::.:.::.;;;:.:.::;:;:.....:..:.=-__;~~;;;..;;....;.."--~~~~ ~ F'ui rath: C: MYOCC UM£NTS :OWG NEWT-ON ~ IRRIG-2.dwc ~ ! • ! I: . .....; I . ': .1. . f 10+00 . i l i I 5LIBCMSC ~ (Pllll "'OIW•;;ON i":, CDl..O ..... Til' ;.r , HC£r;[ll FCR 9 +00 - --. --- E x H I s I T 420 1 Eas t .\ro Demer, Co ler : COUNCIL COMMUNICATION Date Agenda Item May 21, 2001 ATT. 7 Subject License Agreement and Grant of Construction Easement for Watson Lane INITIATED BY Utilities Department STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 8, 2001 meeting, recommended Council approva l of the License Agreement and Grant of Construction Easement for Watson Lane to cross the Brown Ditch. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Ross Robbins has submitted a License Agreement and Grant of Construction for crossing the Brown Ditch in the 5600 block of Watson Lane, which is located one block west. of Federal and south of Bowles north of Columbine Country Club in the City of Littleton. Mr. Ro b bins is constructing a new roadway adjacent to the ditch and moving the road from the west side to the east side of the Brown Ditch. As a result, five residences will need access to their property by crossing the ditch. Mr. Robbins' construction company, HomeSphere will be piping the ditch crossings with oval 24" x 38" rep pipe. A homeowners association that is now being formed will maintain the ditch. The road and crossings were designed to impact the ditch as minimally as possible while leaving it as functional as possible. 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 Brown Ditch. The City retains all rights to operate, maintain, install , repair, remove or relocate any of its' facilities located with the City's right-of-way. FINANCIAL IMPACT None. LIST OF ATTACHMENTS License Agreement Bill for Ordinance and Grant of Construction Easement LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the ,:J-1!3.-day of April ,2001, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and Watson Lane, LLC ., hereinafter referred to as "Licensee ," WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee , its successors and assigns , to install a 24" X 38" RCP pipe within City's right-of-way for the Brown's Ditch and to install, repair and maintain an access drive across the City 's rights-of-way for the Brown's Ditch, described as a parcel of land situated in a portion of Tract 7 and all of Tract 8 , Walter A. Bowles Gardens , located in the Southwest quarter of Section 17 , and the North we st quarter of Section 20 , Township 5 South , Range 68 West of the 6th Principal Meridian , County of Arapahoe , State of Colorado , depicted upon Exhibit A , attached hereto and made a part hereof. 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 approved by the City. 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 an y repairs made to , Licensee's 24" X 38" RCP pipe and access drive so that the City may, in its discretion inspect such operations . 3. Within thirty (30) days from the date of commencement of construction of said 24" X 38" RCP pipe and access drive , 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 U tilities , 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 Brown's Ditch or an y 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 . 5. 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 6. 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. 7. 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 Brown's Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the Brown's Ditch. 8. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety per cent (90%) Standard Proctor Maximum Density. 9. Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said access drive being within and across the premises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said access drive. Licensee , for a period of one (1) year beginning on June 1, 2001, warrants to City that the 24" X 38" RCP pipe will be free from defects in materials and will be free from defects in the in stallation of the 24" X 38" RCP pipe into the Brown 's Ditch right-of-way. Upon an assignment of this License to a third party , which assignment shall be approved by City (approval of an assignment shall not be unreasonably withheld or delayed) Watson Lane , LLC . shall be released from all responsibility under the provisions of this paragraph and the approved assignee shall assume all obligations under this paragraph. Also, when the Colorado Department of Transportation and /or the City of Littleton accepts the project constructed under this License Agreement for maintenance pursuant to an agreement with the City or by other means acceptable to the City then Watson Lane , LLC. shall be released from all responsibility under the provisions of this paragraph. 10. It is expressly agreed that in case of Licensee's breach of any of the within promises , the City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 11. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event, except as to Watson Lane, LLC. pursuant to the provision of paragraph 9 above. 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 water works plant and system under the control of the City. IN WITNESS WHEREOF, this instrument has been executed as of the clay and year first above written. APPROVED: Water and Sewer Board Stewart Fonda, Director of Utilities APPROVED AS TO FORM: CITY OF ENGLEWOOD , Acting through and by its Chairman LICENSEE WATSON LANE, LLC. By: Ross S. Robbins, Member . . GRANT OF CONSTRUCTION EASEMENT THIS AGREEMENT is made this 2iff.day of ~ / , 2001 by WATSON LANE, LLC. ("Watson'), whose principal place of business is 1501 West Campus Drive, Suite M, Littleton, Colorado 80120, and the CITY OF ENGLEWOOD ("Englewood"), a Colorado municipality whose principal place of business is 1000 Englewood Parkway, Englewood, Colorado 80110. WHEREAS, Watson desires to construct roadway improvements to Watson Lane, to serve future development and in accordance with an approved City of Littleton Plat; and WHEREAS, Watson is required to install a Littleton approved 24" X 38" RCP pipe project in an Englewood City Ditch right-of-way in the location depicted upon Exhibit A attached hereto and made a part hereof (the "Project") and WHEREAS. Watson owns a parcel of vacant land slated for residential development, THE PARTIES covenant and agree as follows: 1. Description of Project. Watson will install a Littleton approved 24" X 38" RCP pipe project in the Englewood City Brown's Ditch right-of-way and cover same with clean fill dirt beginning in May of 2001. After the pipe is installed and covered, which is to be no later than Oc tober of 2001, Newton will do what is reasonably necessary to restore the property to the original condition. 2. Right to Store Materials. Englewood agrees to permit Watson, in conjunction with the construction and installation of pipe , to store pipe, equipment and fill dirt on a site as indicated on the attached map. Watson agrees to erect a temporary security fence around the storage site and maintain adequate security for the site at all times. Watson further agrees to comply with all state and federal statutes and regulations regarding the handling , storage and clean up of any hazardous materials used by Watson, its employees, agents and assigns in conjunction with the Project The location of the construction easement is depicted upon Exhibit "A". 3. Length of Agreement . This Agreement shall expire on May 31, 2002. However, the Brown's Ditch piping project must not begin before June 1, 2001, and the 24" X38" RCP pipe must have flow capability on or before June 1, 2002. 4. Access Watson shall have the temporary non-exclusive right to enter the property for any reasonable purpose necessary for the construction of the project subject to the following restrictions: 1) normal working hours shall be from 8:00 a.m. until 4:00 p.m.; 2) the operation of equipment and heavy trucks will be permitted an the property only during normal working hours; 3) Watson will comply with all City of Littleton requirements regarding emergency access to the property. 5. Restoration. Watson will do what is necessary to restore the property to its original condition including but not limited to: regrading the property under this agreement and reseeding the property according to Littleton requirements. The restoration is to be completed by the expiration date of this Grant 6. Site Condition. Watson will provide security for the site at all times. In addition, Watson will endeavor to keep the site in a visually acceptable manner during the term of this agreement, and Watson will maintain adequate dus t control either by regularly spraying exposed soil with water or by other acceptable methods. 7. Liability . Watson agrees to be liable and hold harmless Englewood, its employees, tenants, guests and invitees from any and all claims, causes of action, and liability which may occur as a result of the actions of Watson including the cost of defending against such claims. 8. Insurance. Watson shall maintain in full force and effect a valid policy of insurance for The Project in the amount of $600,000 property coverage and $600,000 liability coverage . Watson further agrees that all Watson employees, contractors and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. 9. Arbitration-The parties agree to submit any dispute to arbitration pursuant to Colorado law. IN WITNESS WHEREOF , the Parties hereto have executed this Grant of Construction Easement on the below written date to be effec tive on the day and year first above written. /7 WA~,, LANE , L~_9 < . ~L/~~d by: Ross S . Robbins , Member ST ATE OF COLORADO ) ------- ) COUNTYOFARARPAHOE )ss. On this ~\\)\ da y of \.V-<l\..\ , 2001 , before me personally appeared Ross S . Robbins , known to me to be a Member of the Watson Lane, LLC , that executed the within and foregoing instrument , and acknowledged the said instrument to be the free and voluntary act and deed of said LLC for the uses and purposes herein mentioned , and on oath stated that he is authorized to execute said instrument IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and year first above written ADDRESS My commission expires: ~) ci~) ci.cc.i..~ CITY OF ENGLEWOOD , COLORADO Director of Utilities • Exhibit A Legal Description A PARCEL OF LAND BEING A PORTION OF TRACT 7, AND ALL OF TRACT 8, WALTER A. BOWLES GARDENS , LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17 AND IN THE NORTHWEST QUARTER OF SECTION20 , TOWNSHIP 5 SOUTH .RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LITTLETON , COUNTY OF ARAPAHOE , STATE OF COLORADO , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARING FOR THIS LEGAL DESCRIPTION IS THE NORTH LINE OF THE NORTHWEST QUARTER SECTION OF SECTION 20 , TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN , ASSUMED TO BEAR NORTH 89 50 '22 " EAST ; BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID TRACT 8; THENCE NORTH 08 ° 51 '14 " WEST ALONG THE WESTERLY LINE OF SAID TRACT 8 A DISTANCE OF 1027 .15 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT 8; THENCE SOUTH 77 °28 '57" EAST ALONG THE NORTHERLY LINE OF SAID TRACT 8 A DISTANCE OF 14 .17 FEET TO THE SOUTHWESTERLY CORNER OF SAID TRACT 7; THENCE ALONG THE WESTERLY LINES OF SAID TRACT 7 THE FOLLOWING FIVE (5) COURSES ; 1) THENCE NORTH 05 ° 28 '57" WEST A DISTANCE OF 87 .00 FEET ; 2) THENCE NORTH 11 °30 '37" WEST A DISTANCE OF 51 .37 FEET ; 3) THENCE NORTH 11 °31 '31 " WEST A DISTANCE OF 219.45 FEET ; 4) THENCE NORTH 06 ° 05 '14" EAST A DISTANCE OF 97 .93 FEET ; 5) THENCE NORTH 07 ° 49 '17" WEST A DISTANCE OF 129 .82 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF WEST BOWLES AVENUE ALSO BEING THE SOUTHERLY LINE OF HIGHWAY RIGHT OF WAY PARCEL NO . 15 AS DESCRIBED IN BOOK 5885 AT PAGE 565 OF THE ARAPAHOE COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING TWO (2) COURSES ; 1) THENCE NORTH 65 ° 56 '42 " EAST A DISTANCE OF 111 .30 FEET ; 2) THENCE NORTH 63 °39 '06 " EAST A DISTANCE OF 7 4 .10 FEET ; THENCE SOUTH 05 °23 '31 " EAST A DISTANCE OF 695.63 FEET TO A POINT ON SAID NORTHERLY LINE OF TRACT 8; THENCE SOUTH 77 °28 '57" EAST ALONG SAID NORTHERLY LINE OF TRACT 8 A DISTANCE OF 85 .12 FEET TO THE NORTHEASTERLY CORNER OF SAID 7RACT 8; THENCE SOUTH 08 °51 '14" EAST ALONG THE EASTERLY LINE OF SAID TRACT 8 A DISTANCE OF 762.23 FEET TO THE SOUTHEASTERLY CORNER OF SAID TRACT 8; THENCE SOUTH 47 °09 '25 " WEST ALONG THE SOUTHERLY LINE OF SAID TRACT 8 A DISTANCE OF 299 .86 FEET TO THE POINT OF BEGINNING CONTAINING 7 .62 ACRES , MORE OR LESS. .. • I :z: --=-> ffi~ I t ~ ~ 1~ SCAl[: 1 • ~ 60' Oit'QHA.L CR.tJl'MIC SCA!..[ C£1"'":v-;"\,t.L s,a_!ll'\ _.r:. --- 2 20' ORAA<AGE • unuTY E>.SG<EHT J 1Z11r-r,.,,.,,..,,,; I!?" .. /OJ'"' sunc ~STA.·o+x.­ -Off.·t<'4t -~~""~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -..!.~-£ / ( .,...._...., ~\ USTllO.H> .- "'oPOSI?> t " ATlAOC """"""' SECTIO N A-A ROADWAY PURPOSES EASEMENT ... , ... ... ~· AVALAA! F'Qlt WAltR M.uM ....... TDIA.a: SECTION B-B STA:2+32.05 TO STA :12+48.08 25' PUBLIC DRIVE tt.T.S. l!QJI; PARs<INC •U. NOT 8(.t.l.J..O'lllED~THE Sl!IEn s,o• WIM . R.O.W [')(1S"!!N G 40· R 0 W.(WJ N--~ -1 ~- N.T.S. cvrt£t.it-t\~ s O'JT'°' CD 7 + ~ (""'-3) P-RISE:R g· SlOE'WAUC I: -- Ulll.JTY ESWT -;~. LDl .. 11.00<. sm.ntAs.TY. SfA: 1'•6 ?.0I QIT.· 14.0D.,, ~ LDT I 11..0COC • sROOKH .. ~-,,. caUAt31fiL vALJIY rCA7rt•,l.IC STA: /,..,_$/,# O'T:.,,.,,.l. ..,.. "'''° LEGEND --©---COS'T»IC SAH TNn" !IOO: -WNO<CU l"ttCPOSID 5ANTAln' stllOr 1r •---~--(JaS'TINc; WA.mt rTNS 1rwl'C'k PIKP05[J) WATOI f1tMS .,.,,,.,. STA: ,...,.... "'1-.1$1' II ...._,,.,_....,. .,.....,,,,_ ....... ....,..,.,..._,. ,,_,. ...... NOlE: llOICHIAllK: -SANllARY NfO W.t. T!R S£R\Q:" L.OCA 1KJNS 10 8( CtXfU)INATED 'MTH mu LOCAllOHS NIO DRf~ LOCATIONS. -AU SlATK>NINC rs OH C:OITtJUJNE UN\£SS OTHER•SE NOTE>. ~~::.:-:Fe CAU UTIUTY MC111Pw:A TOI ....,.,.., ......... ~ "'®@@a@~a ~ $)!8)1 ClllLL2-....:aOA'l'I• .... -~ 10.I OC. C&I« °' DCA•• nmK.........c" .......... ...,..,,.,..._ JI.;.·. ~· .. ··. ,, ffi Carroll &. Lange i _ .. ...,_.a.~--1-MS..0 1_...., __ ,_ ..-r--llOW29 .,.,,_ Project: WATSON LANE 1.: I I I .,m,..,.,, Intl« OVERAU. UTILITY PLAN 12 )lll["9Clf"1tCJTTllnft l l/ll~T.-:rlO..lfr*S 8y.OBN l Scdct" -eo" • •-w. "'".._.. !ZJrJ!Ot a Drown Sy. RSC Sheie't ' of ,. Job Ho. 2.30I R~ Dote I 81 IO>kl °'""'°" e •. Ootr. OCTOBER, 2000 ~ No. 2.Xl6-CU1 ............ ......--