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Home My WebLink About2001-10-09 WSB AGENDA<.' t WATER & SEWER BOARD AGENDA Tuesday, October 9, 2001 COMMUNITY DEVELOPMENT CONFERENCE ROOM (east conference room, 3rd floor) 1. MINUTES OF THE AUGUST 14 , 200 I MEETING . PHONE VOTE OF SEPTEMBER 7 , 2001. (A TT. 1) 2. MEMO DATED AUG. 24, 2001 FROM DUGAN COMER RE: VALLEY SAN. DISTRICT (ATT. 2) 3. TWO EASEMENT AGREEMENTS AND QUIT CLAIM DEED FROM CENTENNIAL WATER & SANITATION DISTRICT. (ATT. 3) TWO LICENSE AGREEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS FROM CENTENNIAL WATER & SANITATINA DISTRICT. (ATT. 4) 4. CHLORAMINE NOTICE. (A TT. 5) 5. NESTLER SETTLEMENT-LETTER DATED SEPT . 25, 2001. (ATT. 6 ) 6. LIFT STATIONS -CODE CHANGE. (ATT. 7) 7. SOUTHGATE SUPPLEMENT #151. (ATT. 8) 8 EXTENDED STAY SEWER TAP AGREEMENT. (ATT. 9) 9. OTHER. 0 t WATER AND SEWER BOARD MINUTES August 14, 2001 AT/. I The meeting was called to order at 5:05 p.m. Members present: Members absent: Wolosyn, Burns, Higday, Otis, Cassidy, Habenicht, Kasson, Bradshaw Clark 1. MINUTES OF THE JULY 10, 2001 MEETING. The Englewood Water and Sewer Board Minutes from the July 10, 2001 meeting were approved as written. Ms. Wolosyn moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. Mr. Clark entered at 5:07. 2. WATER METER PURCHASE. To approve the July 10, 2001 Englewood Water and Sewer Board Minutes as written. Wolosyn, Burns, Higday, Otis, Cassidy, Habenicht, Kasson, Bradshaw None Clark The Utilities Department purchases water meters needed for an entire year by requesting one large bid proposal for additional cost savings. The water metering system is being converted to the ITRON Automatic Meter Reading System and all newly purchased meters and registers will be compatible. About $14,000 worth of the meters and yokes will be resold to Englewood customers for new installations as part of the flat rate to meter conversion process. The remaining stock will be used to replace inactive or poorly functioning meters or convert meters to the ITRON system. This is a 2001 budgeted item. Bids were received from two vendors. Mountain States Pipe & Supply was the low bidder for the ERT meters at $31,989.20 and Waterworks Sales was the low bidder for the regular%" yokes, valves and fittings at $5,568.80. Mr. Otis moved: Ms. Higday: Ayes: Nays: Members absent: Motion carried. To recommend to Council the purchase of water meters from low bidders, Mountain States Pipe in the amount of $31,989 .20 and Waterworks Sales Co. in the amount of $5,568.80. Wolosyn, Bradshaw, Bums, Higday, Otis, Cassidy, Habenicht, Kasson, Clark None None 3. CENTENNIAL WATER & SANITATION DISTRICT-PIPELINE EASEMENTSAT McLELLAN RESERVOIR. The Water Board received a letter from Jeff Case of Centennial Water and Sanitation District dated July 16, 2001 requesting an easement for a 48" water line on the south side of McLellan Reservoir and relinquishment of a portion of the existing easement which is no longer necessary because of the conveyance of the new easement. They are also requesting an easement for the 48" line that will extend across Santa Fe and connect into the pump station. Englewood's City Attorney will draft the final easement documents. Mr. Higday moved; Mr. Clark seconded: To Recommend Council approval of the easements to Centennial Water and Sanitation District for the 48" water lines and relinquishment of a portion of the existing easement along the McLellan Reservoir water line per the City Attorney's approval. Ayes: Nays: Members absent: Motion carried. 4. ATTENDANCE POLICY Wolosyn , Bradshaw, Burns, Higday, Otis, Cassidy, Habenicht, Kasson, Clark None None The Board received Resolution #63 establishing an attendance policy for Englewood board and commission members. Councilperson Bev Bradshaw discussed the reasons behind the policy and noted that the chairperson of each board or commission shall determine what is an excused absence. 5. DARTMOUTH A VENUE STORM SEWER PROJECT. The Board received the final low bid of $1 ,248,050. from T. Lowell Construction for the Dartmouth A venue Storm Sewer Project. Since time was of the essence, the Council Communication had been previously forwarded to Council. Mr. Higday moved; Mr. Clark seconded: Ayes: Nays: Members absent: Motion carried. To Recommend Council approval of the bid for the Dartmouth Avenue Storm Sewer Project to T. Lowell Construction in the amount of $1 ,248,050. Wolosyn , Bradshaw , Burns, Higday, Otis , Cassidy, Habenicht , Kasson, Clark None None 6. VISTA POINT HOMEOWNERS ASSOCIATION. The Board reviewed a request from Doug Doig, President of the Vista Pointe Homeowners Association to waive the past due surcharge. They had changed management companies and, consequently because the Utilities Department was not informed, the bill was sent to the wrong address. The Board noted that it is the owner's or homeowner association's responsibility to give the City current billing information. The Board unanimously agreed to deny the request. 7. CORROSION CONTROL Stu updated the Board on the investigation of corrosion control coatings. A trial run will be conducted on a polyphosphate coating chemical feed system. Montgomery Watson suggested that Professor Snoeyink from the University of Illinois be used as a consultant. If tests are successful, a temporary chemical feed system will be constructed and after a trial period a permanent tank and pump will be instal led. 8. CENTENNIAL CONTRACT Stu noted that an agreement is being negotiated with Centennial Water and Sanitation District. The final draft will be presented to the Water Board and City Council at a future meeting. The meeting adjourned at 5:35 p .m. The next meeting will be held September 11, 2001 at 5:00 p.m. in the Public Works Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary WATER AND SEWER BOARD PHONE VOTE SEPTEMBER 7, 2001 The Englewood Water and Sewer Board received the information regarding a License Agreement via mail. Since ti me was of the essence for construction, a phone vote was required. TCI Cablevision submitted a License Agreement to cross the City Ditch right-of-way with an underground bore of three (3) two inch (2") PVC conduits 13' across the City's RightOof-Way. This will enable broadband cable to be buried, as required by code at the Aspen Grove development located on Santa Fe Drive. Englewood's City Attorney has reviewed and approved the license agreement. Ms. W olosyn moved: Ms . Bradshaw seconded: Ayes: Members not reached: Nays: Motion carried. To recommend Council approval of the City Ditch License Agreement with TCI Cablevision of Georgia/ AT & T Broadband. Wolosyn, Bradshaw, Otis, Bums, Kasson, Higday, Clark, Cassidy Habinecht None The next meeting will be held October 9, 2001 at 5:00 p.m. Respectfully submitted, Cathy Burrage Recording Secretary ATT. 2 MEMORANDUM TO: Stuart Fonda FROM: Dugan S. Comer, Assistant City Attorney~ RE: Valley Water District DATE: August 24, 2001 After reviewing the applicable law regarding the resignation of the Board of Directors of Valley Water District, and the research done by Brett Davies, the City Attorney's, office has come to the following conclusions. First, the residents are not responsible for any indebtedness incurred by the District since the resignation of the Board. The District is a quasi-municipal corporation and is treated as a Corporation under applicable Colorado law. This means that the residents of the District are like shareholders of a corporation and as such are not liable for expenditures of the District, unless it can be shown that the District acted in an illegal or unjust manner. The resignation of the Board was not an illegal or unjust act. In order to pierce the corporate veil of the District, there would have to be a showing that the District and residents acted in concert to engage in an illegal or unjust act. The City would have to show that the members/res idents of the District were aware of the Boards actions and approved or acquiesced to the Board members actions . Although it may appear that the Board's actions were tantamount to mismanagement this would not be enough to pierce the corporate veil. There is no evidence that the Board and/or residents of the District were acting in an insidious or with evil intentions when the Board resigned. Secondly, under Colorado law a board of a special district shall not remain vacant. If the special district is wholly within the borders of a municipality, the municipality is mandated to appoint a director. Additionally , the County Commissioners can also appoint a director. Based upon the applicable law it appears that the City of Englewood and City of Littleton will have to appoint a Board to oversee the District. Once this Board is in place the Board could then begin to rebuild the Districts funds in order to pay for any costs incurred to maintain and supply water to the District during the time that the original Board of Directors was non-existent. Once all bills and indebtedness has been paid, the Board could then decide whether to continue the Corporation or dissolve the Corporation by way of a Intergovernmental Agreement between Englewood and Littleton, which would continue service to the Valley water users. Date November 5, 2001 INITIATED BY Utilities Department ATT. 3 COUNCIL COMMUNICATION Agenda Item Subject Two Easement Agreements and Acceptance of a Quit Claim Deed from Centennial Water & Sanitation District. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their October 9, 2001 meeting, recommended Council approval by ordinance of the two Grant of Easements and a Quit Claim Deed from Centennial Water and Sanitation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The two Grant of Easements will allow Centennial to construct a new pipe parallel to Englewood's existing raw water line. The proposed easements will allow construction of a raw water line that will allow Centennial to pump more of their raw water allocation into Mclellan. This will provide a back-up line if Englewood's line is disabled due to maintenance or breakage. The proposed Quit Claim Deed transfers 12,800 square feet or .294 acres will move the easement twenty (20') farther away from the shoreline of Mclellan Reservoir. The Englewood City Attorney has reviewed and approved the attached documents. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Ordinance Grant of Water Line Easements and Quit Claim Deed EXHlBITA GRANT OF EASEMENT / .s/ . .L l. THIS GR.AJ.'IT OF WATER LINE EASEMENT, made this_ day of fJU 61JlC1< ____ _, 2001 by and between THE CITY OF ENGLEWOOD, the "Landowner", whose address is 1000 Englewood Parkway, Englewood, Colorado 80110; to CENTENNIAL WATER Ai'ID SA.i."ITTATION DISTRICT, whose legal address is 62 West Plaza Drive, Highlands Ranch, Colorado 80126, (hereinafter referred to as "the Grantee''). The parties covenant and agree as follows: l. Easement Propertv. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described in Attachment A, attached hereto cons isting of 2 pages. 2. Consideration. As consideration for this Grant. Grantee has paid Grantor the sum of ten dollars ($10 .00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3 . Grant of Water Li ne Easement. Gran tor hereby grants to Grantee , its successors and assigns , a perpetual, nonexclusive easement (the "Water Line Easement") over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing and removing a "Water Line". 4. ~. 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 rights granted to Grantee under this Grant. 5. Restoration . Grantee agrees that after the construction , maintenance , repair, replacement or enlargement, if any, for the Water Line, Grantee shall restore the surface of the Easement Propert:· as nearly as reasonably possible to the grade and conditions it was in immediately prior to said construction, maintenance, repair, replacement or enlargement, except as may be necessary to accommodate the Water Line. Grantee agrees to restore and repair any improvements of Granter on the Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance , repair, replacement or enlargement. 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 or building or landscaping other than grass. Grantee shall have the right to remove, without any liability to Granter, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7 . Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support 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 right, title, and interest hereunder of Grantee shall cease and terminate, and Granter shall hold Easement Property, free from the rights of the Grantee 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 Water Line and Appurtenances from the Easement Property. If the easement is abandoned by Grantee, Grantor shall have the right, at this sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10. Warranty of Title . Granter warrants and represents that Granter is the fee simple owner of the Easement Property and that Granter has full right, title and authority; that this Grant is effective to grant and convey to Grantee this Water Line Easement, and that this Grant of an easement is superior to all other grants. 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 have executed this Grant of Water Line Easement the day and year first above written. LA.ND OWNER: CITY OF ENGLEWOOD ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellis, City Clerk -2- STATE OF COLORADO CO'CJNTYOF~ ) ) SS. ) GRANTEE: CENTENNIAL WATER AND SAl'ITTATION DISTRICT The foregoing insE,..ument was acJmow~dged before me this ;sf ~y of 6 l-/~ __ , 2001 , by ,>0h.N tl~fJdn~/\ . as Gflner-a:T111ailager of . Centennial Water and Sanitati on District () Witness my hand and official seal. My Commissi£ expires: 9'· J<i-O -3- .. LEGAL DESCRIPTION A PERMANENT 20' CONSTRUCTION EASEMENT I .OC A TED IN Tl IE SOUTI IEAST QUARTER OF SECTION 32, TOWNSllll' 5 SOlJTll, RANGE 68 WEST OF TllE SIXTll l'RINCll'AL MERIDIAN MORE PARTICULARLY DESCIUllED AS FOLLOWS : COMMENCING AT TllE CENTER OF SAID SECTION 32; TllENCE SOUTll 01°03'35" EAST 981.18 FEET TO Tl IE l'OINT OF IJEUINNING; TllENC'E NORTll 45°00'00" EAST 28.27 FEET TO A POINT ON TllE WEST LINE OF A C W & SD 40 FOOT EASEMENT l{ECOIWEIJ AT BOOK 418 l'J\CIE 412 . TllENCE CO NTI NII IN(; ALONU SAID EASEMENT SOUTll 00"01'10" EAST 2 10 .<19 Fl '.ET; TllENCE SOIJTIJ 115"01'10" EAST 11.47 FEET; TllEN<'F. AU>N0 00'00" ANI> A l{/\I >llJS OF <190 .00 FEET WITll A l'IH)J{J) BEAl{IN<J SOllTll 58°01'10" EAST 220.•15 FEET; TllENCE S<HITll 71"01'10" EAST 92 .JO FEET; Tll ENCE A I.ONF A ("I I H VET<> Tll E IU<; I IT 1.17 . 7'J FEET llA YIN<; A l'ENTl{AI. ANGLE OF 1<>0 47'52" ANI> A l{AJ111JS OF <170 .00 FEl '.T WITll A c 1101m llEAIUNNFA Cl mVE TO TllE l.l;FT I IOS2 FEET I IA VINli A CENTR/\ I. AN< il.E OF I •l"O•I' 19" /\NJ) A RA l)JLJS OF •150 .00 Fl '.ET WITll A Cl IOIW BEARING NOHTll (1J 0 5 1J'OI" WFST 1111 .2·1 FEl '.T; TllENl"E NOlrlll 71"01'10" Wl '.ST 9.UO FEFT; TllENCE Al.ONG TllF. AIW OF A CURVE TO TllE IUUllT 2.1 1.<IJ Fl '.ET I IA VIN<; A Cl'.NT RJ\L ANGLE OF 26°00'00" ANIJ A IUd)llJ S OF 5 IO .IHI FEET WITll A Cl IOIU) llEJ\IUNCi NORTll 58°01'10" WEST 229.45 FEF.T; Tl lEN CI'. NORTll 45°01'10" Wl '.S T 19 .7 6 FEET; Tl I ENCE NOl\Tll 00°01'10" WEST 198 .99 FEET TO TllE POINT OF 13EGINNIN(i . TllE ABOVE PARCEL or LAND CONTAINS IJ,278 SQUARE FEET OR O.JOS ACRES, MORE OR LESS . BEARINGS ARE BASED ON TllE WEST LINE OF TllE SOUTllEJ\ST 1/4 OF SAIO SECTION 32, UEJ\IUNG NORTI I 00°12'55" EAST . Pennanent Construction Easement Ensor Raw Water Joi> No. 0733.079 .02 June 21, 200 I -gdc /\ t t a c h m e n t A .. Cl /4. SEC 32 155, R68W 6111 P .M. S01'0.3'35"E 981.18' N45'01'1 o"w 19.76' EXHIBIT POIMT OF COMMENCEMENT I I _ rn· cw&sc ESMT .--1 -·~ l'AllCll. C I"""' BOOK 418. f'G 412 I I m lO ci N h.J . 0 I I I N45'00'00"E 28.27' I l'ROl'OSfll ~ WAllH llN[ SCALE I S45'01'10"E 11.47' 6 =26'00'00" R=490.00 L=222.35' CH=S5B'01 '1 O"E CH L=220.45' 1" = 100· R=510.00 ~ul L=231.43' ;~I CH=N58'01'10"W N CH L=229.45' :- 8 N Zf n I Li ~1~ ii .z <( ~ w ml~ LL I · 0 ~ Vl :; Vi f- <( ~ m ~ THIS EXlttBIT DOES HOT REPRESENT A MONUMENTED SURVEY. IT IS OHL Y INTENDED 10 D£Pi<:T !NE ATIAOlEO D£SC111Pl10N . N71'01'10"W 92.30' ROCKY MOUNTAIN CONSULTANTS, INC . 6~14·04•19• J R,,.450 .00' L=l 10 .52' CH=N6J'59'01 "W CH L=110.24' 6=16'47'52" R=470.00' L=137.79' CH=S62'37'1J"E CH L=137 .JO' '· S61'59'59"W 29.64' =tmc SHEET 2 OF 2 BJOI [. Prentice Ave . Suite 101 Green•ood Villoqe City, CO 801 11 (Jill) 741-sooo r"x (JOJ) 741-610& P: PROJ[CTS\CRAN[ 073307902 OWG4 .IJWG JOB NO .OlJJ.079.02 01\1[ 06 21 01 ll[VIS[U -. . '"':"" ., QUITCLAIM DEED THIS DEED, made this day of between: CENTENNIAL WATER AJ.'ID SEWER DISTRICT 62 West Plaza Drive Highlands Ranch, Colorado 80126 of the County of Arapahoe and State of Colorado, granter, and THE CITY OF ENGLEWOOD, COLORADO a Home Rule Municipality whose legal address is: 1000 Englewood Parkway Englewood, Colorado 80110 of the County of Arapahoe and State of Colorado, grantee. Exhibit B '2001, WITNESSETH, That the granter, for and in consideration of the sum of Ten and No/100 ·-------- ·····························------------------------··--·----DO LLIBS the receipt and sufficiency of which is hereby acknowledged, does release , convey and QUITCLAIM unto the grantee (s ), its heirs, successors and assigns , forever , all t he right, title , interest, claim and demand which the granter has in and to the real property, toge ther with improvements, easements , rights and privileges held or owned by the Granter in t he following described land, if any , situate , lying and being in the County of Arapahoe a nd State of Colorado , described in Attachment.-\, attached hereto. Said property contains 12 ,800 square feet or .294 acres more or less. TO HA VE AND TO HOLD the same , together with all and singular appurtenances and privileges thereunto belonging and all the estate , right. title , interest and claim whatsoever, of the granter, either in law or equity, to the only proper use and benefit of the grantee, its heirs and assigns forever. IN WITNESS WHEREOF, The granter has executed this deed on the date set forth above. CENTENNIAL WATERAJ.'ID S&'\TITATION DISTRICT S ATE OF COLORADO, ) ~1-)ss. COTJNTY OF ~vtl(V) T~~regoing inst)""\l'ni was acknowledged before me this ;s;;ay of Odeku by .,_Jtyh N ~I} cc r 1CK , of Centennial Water and Sewer District . • 2001 I My commission expires: tJ-jg, 0 / tR7.~L- Notary Public .- LEGAL DESCRIPTION /\ 20 rooT STRIP OF Lii.ND llEING i\Bi\NDONEO WITlllN l'i\RCEL c OF TllE CENTENNIAL W i\TER AND Si\NITi\TION 111STRICT i\S RECOIUJED IN BOOK 418, l'J\l.iE 412, LOCATED IN TllE SOUTI !EAST Q\JARTElt or SECTION 32, TOWNSllll' 5 SOUTll, RANGE 68 WEST OF TllE SIXTll l'RINCll'AL MEIUDIJ\N MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCIN<J AT TllE CENTEll OF SAID SECTION 32; TllENCE SOUTll 03°25'06" EAST 975 .17 FEET TO TllE l'OINT OF BEGINNING; Tl IENC'E NORTll l\5°00'00" EAST 28.27 Fl'.E"I' Tl> A POINT ON Tl IE EAST I .INE OF Tl IE CENTENNIAL w ATER AND SANITATION DISTRICT EASEMENT 1u :crnu >El J AT (!()()K 418 I'/\( IE 412. Tll ENCE CONTINI llNt; I\ LON. I ·I FEET I Ii\ YIN( i I\ CENTllA I. /\N<..il.E OF 25°lI'17" AN I> i\ I{ I\ DI US OF 450 .00 FEET WITll I\ <.'I IOR)) 11 EA l{I N<1 SOUTI I 58°20' J2" Ei\ST 197 . 51 FEET; Tll ENCE SOUTI I 71°0 I' IO" Ei\ST 92 .3 0 FEJiT; Tl I ENCE /\l.ONU Tll E ARC OF I\ l'l JR VE TO Tl II '. IUlil IT 157.'15 FEET I IA VINI US <IF 5 10 .00 FEl:T \VITll I\ Cl IOIUJ I Iii/\ IUN< i S< lJ TI I <12° I O'JO" EAST 156 .RJ FEET; Tl I ENCE LE/\VIN<i SAID ( ·w & Sil E/\Sl'MENT SOlJTll Xl 0 59'5 1J" WEST 29 .10 FEET; TllENC"E Al.I INC i Tll E ARC< IF A <"lJll VE TO Tl I I i 1.l !FT 1.Hl .62 FEET 11/\ VIN<i t\ CENTll/\ I. AN< ii.I'. OF 15 ° I (1' I'.'" /\NP J\ Ill\ I 111 IS UF 4110 .00 l'F.F.T WITI I I\ Cll()IU) llEi\IUNG NORTll (13 °2)'02" \VEST U0.21 Fl'I :T ; Tl I l i Nl ·1;_ NORTll 71 "II I' IO" WEST 92.30 Fl'.l:T; Tll ENCE t\ l.ONU Tl IE I\ RC OF I\ l"l Ill VE TO Tl IE ll IUI IT 21 (1.48 FEl :T I Ii\ VINIUS UF 470 .00 FEET WITll i\ C llOIU1 llE/\IUNG NORTll 5"1°49'2!!" WEST 214 .57 FEET; TllENCE NUltTll 00°01'10" WEST 11!9 .% FEET TO TllE l'OINT OF UEGINNING. TllE ABOVE PARCEL OF LAND CONTA INS 12,800 Sl.)UJ\llE FEET OR 0 .294 ACRES, MORE OR LESS. BEARINGS ARE BASED ON TllE WEST LINE OF THE SOUTllEAST 114 OF SAID SECTION 32, BEAIUNG NURTll 00°12'55" EAST. tasement to be Abandoned Ensor Raw Water Job No. 0733.079.02 June 21, 2001 -gdc DATE: te/z-z../u 1 I I I\ t t a c h m e n t A Cl/4, SEC J2 T5S , R68W &TH P .M. I S03"25'06 "E - 975.17' P.O .B. _;_/ EXHIBIT POINT OF I I I COMMENCEMENT I 1 1 ~o· c w&s E ESMT 1J. ~ r AR C[l C I --i ~ BOOK 418 , PG ~12 I I : _ _,.--·-l'llOl'OS Ell I , WA 1[11 I.Iii[ 1 I : I I I I I I I I SCALE , , I~ I ai I~ 13: I • 0 1 .~ IP 18 1z ~ ~ .. Ci N w 0 :- Ci 0 0 V1 fl. =25"21 '17" R=450 .00 CH=S5B"20' 32"E CH l=197.51' 1" = 100' '·. ' / l=199 .14' S71 "01'10"E /92 .JO' R=470 .00 L=216.48' CH=N57'49'28"W }'JI CH L=214.57' ~1 0 N g I') ~,·~ <( ~· l.JJ w CD I V1 LL. I - 0 ~ (/") :::; in :n ~ ~ THIS CXHIBIT 00£S NOT REPRESENT A UONUMEN ICO SUR""Y. IT IS OUL Y INl[NO[O 10 DCPICT THE ATTACllED 0£SCRIP TIOll . N11 ·01 '1 o"w 92.JO' ROCKY MOUNTAIN CONSULTANTS, INC . ll.=15'16'15" R=490.00' L=l.30.62' CH=N63'2J'02"W CH L=lJ0.21' ll.=17'41'20" R=510 .00' L=157.45' CH=S62"10'30"E CH L=156 .83' =rmc SHEET 2 OF 2 8)01 (. Prent ice Ave . SuHo 101 Greenwood Village City, CO 80111 P:\PROJECTS\c:RAN[ 07JJ07902\0WG5.0WG JOB N0.07JJ.019.02 (JO J ) 741 ··6000 rAx (JOJ) 141 -6106 OAIE U6 21 01 l!EVISEO ---------·---------------------....1 ·. EXHIBIT C GRAJ."JT OF EASEMENT THIS GRANT OF WATER LINE EASEMENT, made this ;sty of tJd~ _____ _, 2001 by and between THE CITY OF ENGLEWOOD, the "Landowner", whose address is 1000 Englewood Parkway, Englewood, Colorado 80110; to CENTENNIAL WATER A..ND SANITATION DISTRICT, whose legal address is 62 West Plaza Drive, Highlands Ranch, Colorado 80126, (hereinafter referred to as "the Grantee''). The parties covenant and agree as follows: 1. Easement Propertv . The "Water Line Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described in Attachment A, attached hereto consisting of 2 pages. 2. Considera tio n. As consideration for this Grant, Grantee has paid Granter the sum of ten dollars ($10.0) and other good and val uable consideration, the receipt of which is hereby acknowledged by Granter. 3. Grant of Water Line Easeme:it. Granter hereby grants to Grantee, its successors and assigns , a perpetual, nonex clusive water line Easement (the "Water Line Easement") over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing and removing a "Water Line". 4. ~-Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over , through and across the Water Line Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5 . Restoration. Grantee agrees that after the construction, maintenance , repair, replacement or enlargement, if a n y, for the vVater Line, Grantee shall restore the surface of the Water Line Easement Property as nearly as reasonably possible to the grade and conditions it was in immediately prior to said construction, maintenance, repair, replacement or enlargement, except as may be necessary to accommodate the Water Line. Grantee agrees to restore and repair any improvements of Granter on the Water Line Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. 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 or building or landscaping other than grass . Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee 's having obtained the prior written consent of Gran tor. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Water Line 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 Water Line 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 right, title, and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Water Line Easement Property, free from the rights of the Grantee 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 Water Line and Appurtenances from the Water Line Easement Property. If the Water Line Easement is abandoned by Grantee, Gran tor shall have the right, at this sole option, to require Grantee to remove or neutralize any improvements constructed in the Water Line Easement by Grantee. 10. Warranty of Title . Grantor warrants and represents that Grantor is the fee simple owner of the Water Line Easement Property and that Grantor has full right, title and authority; that this Grant is effective to grant and convey to Grantee this Water Line Easement, and that this Grant of an Easement is superior to all other grants. 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 have executed this Grant of a Water Line Easement the day and year first above written. LA.i.'ID OWNER: CITY OF ENGLE\YOOD ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellis, City Clerk -2- ~ .. : J STATEOFC~ COUNTY OF. ) ) SS. ) GRANTEE: CENTENNIAL WATER AND SANITATION DISTRICT The foregoing ~tJ;umei;i,t wap ~ck,nowledged before me this 16day of od~"--' __ __, 2001 , by....Joh/J lf~IJC{rtC/< as §eoera..i7Jtfl/f/rYl_ft'" of c~ntennial Water and Sanitation District I Witness my hand and official seal. ~&.d&dr,,__ o ary Public ,,.. -3- LEGAL DESCRIPTION A PERMANENT 40' CONSTRUCl'ION EASEMENT LOCATED IN TllE SOUTllEAST QUARTER or SEC TION J2, TOWNS I Ill' 5 SOlJTlf, It ANGE 68 WEST OF TllE SIXTll l'RINCll'AL MERIDIAN MOllE l'ARTICULARLY DESCIUUED AS FOLLOWS : COMMENCING AT TllE CENTER OF SAii) SECTION 32; TllENCE SOUTll 00°12'55 11 EAST 21.1 S FEET TO TllE l'OlNT OF BEGINNING; THENCE SOUTll 89°47'01 11 EAST J 1.:12 FEET; TllENCE SOUTll 45°00'00" EAST 59 .90 FEET; Tl I ENCE SOUTll 00°00100 11 J<i.88 FEET TO A POINT ON TllE NORTllERl.Y l.INE OF l'ARCEL "A"/\ CW&SD EASEMENT IU T OHI >El) IN BOOK 411!, l'AGE 412 ; TllEN('E AU >N NORTllERLY LINE OF CW&Sn FASEMl ~NT SOI ITll 44°58'50" WEST 5llTI I 89 "47'01" WEST 14.84 FEET; TllEN( 'E NUllTll 00°12'55 11 EAST 40.00 FEET TU TllE l'OINT OF BE<ilNNINU. THE ABOVE PARCEL or L/\ND CONTAINS 4,60J SQUARE rEET OR 0 .106 ACRES, MORE OR LESS. BEARINGS ARE BASED ON TllE WEST LINE OF TllE SOUTllEAST 114 or SAID SECTION 32, BEAIUNG NORTH 00°12'55" EAST. Permanent Conetruction Easement Ensor Raw Waler Job No. 0733 .079.02 June 21, 2001 -gdc A t t a c h m e n t A EXHIBIT Cl/4 SEC 32 ~ TSS, R68W 6TH P .M. POINT OF /COMMENCEMENT ------------- soo·12 ·ss"w 21.15 ' ~ P .0 .8. _/ Noo·12'55"E 40.00' N89.4 7'01 "W 14.84' 559·47'01 "E 31.32' PROPOSED WATER LINE N4s·oo'oo"w 26.85' 1(1 n soo·oo·oo"E 36.88' '10° CW&SO / PER MANEMT / EA SE.Ml::N 1 t:j i--i ;;, ci ~----........ / lD ~I ol= lo.J ~I V1 0~ I ~ <{ .......... :r3 I ~ w u.. z 0 I ::J l/) I :J) ~,~ THIS [Xlll811 00£5 HOT RCPRESCHT A MOHUM(H IEO SUR't!: Y. II IS OHL Y INICNOC O TO DEPICT THC AIT ACHED DESCRIPTION . w 0 0 0 p 0 0 z / (. ROCl<Y MOUNTAIN CONSULTANTS, INC . SCALE 1" 20' =tmc SHEET 2 OF 2 8301 C. Poentice Ave . Suite 101 G•eenwood Villo9e Clly, CO 60111 (.lOJ) 711 -6000 r11x (JOJ) 711-6106 P :\Pl!OJ[(IS\CRAN(\07JJ07902\0WG6 DWG JOB NO .O/JJ.079 .02 UAIE U6 21 01 REvt SlCJ Date November 5, 2001 INITIATED BY Utilities Department A TT. '-( COUNCIL COMMUNICATION Agenda Item Subject Two License Agreements and two Temporary Construction Easements from Centennial Water & Sanitation District. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their October 9, 2001 meeting, recommended Council approval by ordinance of the two License Agreements and two Temporary Construction Agreements from Centennial Water and Sanitation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Centennial Water and Sanitation District submitted two sets of license agreements with attached construction agreements. The first set consists of a license agreement and a construction agreement to install a 48" ductile iron pipe and a 72" steel casing within and across the City Ditch right-of-way. This is for the Centennial raw water line from their new lake by the South Platte River, which will be used to pump raw water to Mclellan Reservoir. The steel casing is to encase the 48" pipe under Santa Fe Blvd., the railroad tracks and the City Ditch easement. The construction agreement will enable Centennial to use a portion of our easement for construction purposes. The second set is to install a 48" ductile iron pipe to be used as an emergency outlet pipe which will be used to release water back into the South Platte River. The construction agreement will enable Centennial to use a portion of our easement for construction purposes. The Englewood City Attorney has reviewed and approved the attached documents. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Ordinance Two License Agreements and Temporary Construction Easements ,·• ;; : LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the ;srday ofMJtt, 2001, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and the CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-municipal corporation, hereinafter referred to as "District", WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes District, its successors and assigns, to install a 48" DI pipe and 72" steel casing . within City's right-of-way for the City Ditch across the City's rights-of-way for the City Ditch, described as a parcel of land situated in the East Yi of Section 32, Township 5 South, Range 68West of the 6th Principal Meridian, Arapahoe County , State of Colorado, depicted upon Exhibit A attached hereto and made a part of: I. 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 District shall notify the City 's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, the District's 48" DI pipe and 72" steel casing 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 48" DI pipe and 72" steel casing, the District shall complete such constru ction, place and maintain permanent, visible markers , of a type and at such locations as designated by the City 's Director of Utilities , referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to is 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 District. 4. The City shall have the right to maintain, install , repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easement 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 District's sole responsibility to determine the existence of said documents or conflicting uses or installations. South Platte Raw Water Line -Phase II 7. The District shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 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 percent (90%) Standard Proctor Maximum Density. 9. District shall indemnify and save harmless, to the extent of the law, 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 48" DI pipe and 72" steel casing being within and across the premises of the City or by reason of any work done or omission made by the District, its agents or employees , in connection with the construction, re.i:lacement, maintenance or repair of said 48" DI pipe and 72" steel casing. It is expressly agreed that in case of the District '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 . 10. Upon abandonment of any right or privilege herein granted, the right of the District to that extent shall terminat e, but its obligation to indemnify and save harmless, to the extent of the law , the City, its officers and employees, shall not terminate in any event, except as to the Centennial Water and Sanitation District 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. South Platte Raw Water Line -Phase II ,_ :-: IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. APPROVED: Stewart Fonda Director of Utilities APPROVED: South Platte Raw Water Line -Phase II CITY OF ENGLEWOOD , Acting through and by its Water and Sewer Board Chairman CENTENNIAL WATER Al"\l"D SANITATION DISTRICT EXHIBIT A CROSSING LICENSE AGREEMENT LEGAL DESCRIPTION A CROSSING LICENSE FOR WATERLINE PURPOSES LOCATED IN THE EAST ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST ONE HALF OF THE SOUTHEAST QUARTER; THENCE SOUTH 29°59'45" EAST 433.11 FEET TO A POINT ON THE WEST LINE OF a DITCH EASEMENT OWNED BY THE CITY OF ENGLEWOOD AND THE POINT OF BEGINNING; THENCE SOUTH 68°17'4 I" EAST 50 .0 1 FEET TO A POINT ON THE EASTERLY LINE OF SAID DITCH EASEMENT AND A POINT ON A NON-TANGENT CURVE; THENCE CONTINUING ALONG THE SAID EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE LEFT 44.51 FEET WITH A CENTRAL ANGLE OF 36°25'20" HAVING A RADIUS OF 70.02 FEET AND A CHORD BEARlNG SOUTH 06°14'03" EAST 43 .77 FEET TO A POINT OF CURVE; T HENCE ALONG THE ARC OF SAID CURVE TO THE LEFT 1.9 4 FEET WITI I A CENTRAL ANGLE OF 00°59'39" HAVING A RADIUS OF 112 .02 AND A CHORD BEARlNG SOUTH 24°52'58" EAST 1.9 4 FEET TO A POINT : THENCE LEAVING SAID EASEMENT NORTH 68°17'41" WEST 60.39 FEET TO A POINT ON T HE WESTERLY LINE OF SAID EASEMENT AND A POINT ON A NON-TANGENT CURVE; THENCE CONTINUING ALONG SAID EASEMENT ON THE ARC O F SAID CURVE TO THE RIGHT 41.82 f-EET WITH A CENTRAL ANGLE OF 18°43'38" HAVING A RADIUS OF 127 .9 4 FEET AND A CHORD BEARING NORTH 05°37'02" EAST 41.63 FEET TO THE POINT OF BEGINNING; THE ABOVE PARCEL OF LAND CONTAINS 2,139 SQUARE FEET OR 0.049 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 32, BEARING NORTH 00°12'55" EAST. Crossing License Agreement Ensor Raw Water Job No. 0733 .079.02 July 11, 2001 -gdc ROCKY MOUNTAIN CONSULTANTS, INC. 830 I E. PRENTICE A VE. #I 0 I ENGLEWOOD, CO 80111 (303) 741-6000 DATE : <f/z7fe/ SHEET 1OF2 EXHIBIT A CR08SN) LICENSE AOFEBENT EXl-EIT POINT OF COMMENCEMENT NW COR, E 1/2, SE 1/4 SEC. 32 --... ::)3 •JJ..:j -------\ ~I u w Vl :;: .t' 0 ~ lO w :- Vl g Vl N w (..'.) ~1~ ------- \ \ ~~ '9.s. \ ~'9· ·?/'rs .. (' \ \ \ \ GREEN VALLEY TURF FARM \ \ ----aa.tl ---- EX . CITY OF ENGLEWOOD 112 I ~ Cl::: ...J <{ NTS 50' DITCH ESMT . ,_, w ~m :;: LL 0 PARCEL A TABLES (f) (f) <{ m B CENTRAL ANGLE THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SUR\of:Y. IT IS ONLY INTENDED TO DEPICT THE ATTACHED DESCRIPTION . LINE TABLE S!Hrl z' 41 ~~ ~%~~ N68"17'41 W 6 . CURVE TABLE R L CH ROCKY MOUNTAIN CONSULTANTS, INC. CH L I ---- ~-:::;,, ~ I ~ ~ I ~ ~ 0 Q:: 0 =tmc SHEET 2 OF 2 8301 E. Prentice Ave. Suite 101 (303) 741-6000 FAX (303) 741-6106 DATE 07 11 01 REVISED 09 25 01 de - . ~: .. TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made and entered into as of the /oJday of i1c/~2001, by and between the CENTENNIAL WATER AND SANITATION DISTRICT ("Centennial"), a Colorado quasi-municipal corporation whose principal place of business is 62 West Plaza Drive, Highlands Ranch, Colorado 80129 and the CITY OF ENGLEWOOD ("Englewood"), a Colorado municipality whose prin cipal place of business is 1000 Englewood Parkway, Englewood, Colorado 80110 . WHEREAS , Centennial desired to install a 48" DI pipe and 72" steel casing through the City Ditch right-of-way to convey raw water between the South Platte Reservoir and McLellan Reservoir; and WHEREAS , Centennial is required to install a 48 " DI pipe and 72" steel casing 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 THE PARTIES covenant and agree as follows: 1. Description of Project. Centennial will install a 48" DI pipe and 72" steel casing by bore in the Englewood City Ditch right-of-way beginning in November 2001. After the pipe is installed, which is no later than June 2002, Centennial will do what is reasonably necessary to restore the property to the original condition. 2. Right to Store Materials : Englewood agrees to permit Centennial or it 's Contractor, in conjunction with the construction and installation of the pipe , to store pipe and equipment on the site as indicated on the attached drawing . Centenni al agrees to erect a temporary security fence around the storage site and maintain adequare security for the site at all times. Centennial further agrees to comply with all State and Federal statutes and regulations regarding the handling, storage and clean up of any hazardous material used by Centennial. its employees , agents and assigns in conjunction with the Project. The location of the Temporary Construction Easement is as depicted in Exhibit "A". 3. Length of Agreement: This agreement shall expire on June 30, 2002. However, the South Platte Raw Water Pipeline Phase II Project shall not begin before November 1, 2001. 4. Access: Centennial or its Contractor shall have 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 7:00 a.m. to 6:00 p.m .. 2) The operation of equipment and heavy trucks will be permitted on the property only during normal working hours, 3) Centennial will comply with all City of Littleton requirements regarding emergency access to the property. South Platte Raw Water Line -Phase II 5. Restoration: Centennial or its Contractor 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. The restoration is to be completed by the expiration date of this Temporary Easement. 6. Site Condition: Centennial or its Contractor will provide security for the site at all times. In addition, Centennial will endeavor to keep the site in a visually acceptable manner during the terms of this agreement, and Centennial will maintain adequate dust control either by regularly spraying the exposed soil with water or other acceptable means. 7. Liability : Centennial or its Contractor agrees to be liable and hold harmless Englewood, its employees, tenants, guests and invitees, from any claims , causes of action, and liability which may occur as a result of the actions of Centennial including the cost of defending against such claims . 8. Insurance: Centennial or its Contractor shall maintain in full force and affect a valid policy of insurance for the Project in the amount of $600 ,000 property coverage and $600 ,000 liability coverage. Centennial or its Contractor further agrees that all Centennial or its Contractor employees, contractors and subcontractors working on the Project, shall be covered by adequate Worker 's Compensation. 9 . Arbitration: The parties agree to submit any dispute to arbitration pursuant to Colorado law. CITY OF ENGLEWOOD Stewart Fonda Director of Utilities South Platte Raw Water Line -Phase II CENTENNIAL WATER AND SANITATION DISTRICT EXHIBIT A CONSTRUCTION EASEMENT LEGAL DESCRIPTION TWO EASEMENTS FOR CONSTRUCTION PURPOSES LOCATED IN THE EAST ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE NORTHWEST CORNER OF THE EAST ONE HALF OF THE SOUTHEAST QUARTER; THENCE SOUTH 36°57'24" EAST 343.07 FEET TO THE POINT OF BEGINNING ; THENCE SOUTH 68 °17'41"EAST73.48 FEET; THENCE SOUTH 26°03' 14" WEST 23 .04 FEET; THENCE SOUTH 21 °33 '42" WEST 29 .90 FEET TO A POINT ON THE NORTHERLY LINE OF A DITC H EASEMENT OWNED BY THE C ITY OF ENGLEWOOD; THENCE ALONG THE NORTHERLY LINE OF SAID DITCH EASEMENT SOUTH 66°3 9'55" EAST 24.78 FEET; THENCE CONTINUING ALONG SAID DITCH EASEMENT SOUTH 23°18'46" WEST 23 .04 FEET TO A POINT OF CURVE ; THENCE ALONG THE ARC OF A C URVE TO THE LEFT 15 .98 FEET WITH A CENTRAL ANGLE OF 13 °04 '39" HAVING A RADIUS OF 70.02 FEET AND A CHORD BEARING SOUTH 18°30'56" WEST 15 .95 FEET TO A POINT; THENCE LEAVING SAID DITCH EASEMENT NORTH 68°17'41" WEST 50.01 FEET TO A POINT ON A NON -TANGENT C URVE AND THE WESTERLY LINE OF SAID DITCH EASEMENT; TH ENCE CONT INUING ON THE WESTERLY LINE OF SAID DITC H EASEMENT ALONG THE ARC OF SAID C U RVE TO TH E RIGHT 17 .36 FE ET WITH A C ENTRAL ANGLE OF 07 °45'58" HA YING A RADIUS OF 127 .94 FEET AND A C HORD BEARING NORTH 18 °52 '05" EAST 17 .35 FEET TO A POINT ; THENCE ALONG SAID EASEMENT NORTH 23 °18'46" EAST 20 .51 FEET ; THENCE LEAVING SAID DITC H EASEMENT NORTH 69°07'1 I" WEST 46.53 FEET; THENCE NORTH 21 °39'35 " EAST 53 .91 FEET TO THE POINT OF BEGINNING . THE ABOVE PARCEL OF LAND CONTAINS 5692 SQUARE FEET OR 0 .131 ACRES, MORE OR LESS. PARCEL B COMMENCING AT THE NORTHWEST CORNER OF THE EAST ONE HALF OF THE SOUTHEAST QUARTER; THENCE SOUTll 27°01 '26 " EAST 467.58 FEET TO A POINT ON THE WEST LINE OF A DITCH EASEMENT OWNED BY THE CITY OF ENGLEWOOD AND THE POINT OF BEGINNING; Tl IEN C E SO UTH 68 °17'4 I " EAST 60 .3 9 FEET TO A POINT ON THE EASTERLY LINE OF SAID DITCH EASEMENT AND A POINT ON A NON-TANGENT CURVE ; THENC E CONTINUING ALONG THE SAID EASEMENT AND ALONG THE AR C OF SAID CURVE TO THE RIGHT 25 .96 FEET WITH A CENTRAL ANGLE OF 13 °16'42" llAVING A RADIUS OF 112 .02 FEET AND A C HORD BEARING SOUTH 17°44'48" EAST 25.90 FEET TO A POINT ; TllENC E LEAVING T HE EASTERLY LINE OF SAID DITC H EASEMENT NORTH 68°17'41 " WEST 64 .99 FEET TO THE WESTERLY LINE OF SAID DITCH EASEMENT AND TO A POINT ON A NON -TANGENT CURVE; THENC E ALONG THE WESTERLY LINE OF SAID DITC H EASEMENT AND ALONG THE ARC OF A CURVE TO TllE R1GHT23.28 FEET WITH A CENTRAL ANGLE OF 10°25'35" HAVING A RADIUS OF 127 .94 FEET AND A CHORD BEARING NORTH 08°57'34" WEST 23.25 FEET TO THE POINT OF BEGINNING; THE ABOVE PARCEL OF LAND CONTAINS 1275 SQUARE FEET OR 0 .029 ACRES, MORE OR LESS. BEARING NORTH 00°12'55" EAST. Construction Easement Ensor Raw Water Job No. 0733.079.02 July 11, 2001 -gdc ROCKY MOUNTAIN CONSULTANTS, INC. 8301 E.PRENTICEAVE.#101 ENGLEWOOD, CO 80111 (303) 741 -6000 DATE : fb/c;/ SHEET I OF2 "" ,,, EXHIBIT A CONSTRUCTION EASBENT E»EIT POINT OF COMMENCEMENT NW COR, E 1/2, SE 1/4 SEC. 32 ----- 40' PERMANENT CW&SD EASEMENT 20' TEMP . CO N S T. ~1 CW&SD EASEMENT u w (/) 3: '<t' U1 ~ in w 0 (/) 0 (/) N w (.'.) ~1~ ~ 0:::: -' <{ GREEN VA LLEY TURF FARM 1-1 w ~m 3: LL 0 (f) (f) <{ m NTS lHIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS ONLY INTEN0£0 TO DEPICT 111E ATTACHED DESCRIPTION. EX. CITY OF ENGLEWOOD 50' DITCH ESMT . ROCKY MOUNTAIN CONSULTANTS, INC. I I! ::iB 114 ::iB!J 1l2 =tmc SHEET 2 OF 2 8301 E. Prentice Ave . Suite 101 Greenwood Villoge City, CO 80111 (303) 741-6000 FAX (303) 741-6106 DATE 07 11 01 REVISED 09 25 01 de ,-.. ., ' ~ ,, -. LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the /Sfday ofrJc./~ 2001, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and the CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-municipal corporation, hereinafter referred to as "District", WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes District, its successors and assigns, to install a 48" DI pipe in Arapahoe County, State of Colorado, depicted upon Exhibit A attached hereto and made a part of: 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 District shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of. or any repairs made to , the District's installation of the 48" DI pipe 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 48" DI Pipe, the District shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all consLruction debris and restore the area to is 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 District. 4. The City shall have the right to maintain, install, repair, remove or relocate its facilities or installations within the City's easement, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easement 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 District's sole responsibility to determine the existence of said documents or conflicting uses or installations. Englewood -Old Pump Station Crossing -SPDD2.1 7. All trenches or holes within the City's easement 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 percent (90%) Standard Proctor Maximum Density. 8. District shall indemnify and save harmless, to the extent of the law, 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 48" DI pipe being within and across the premises of the City or by reason of any work done or omission made by the District, its agents or employees, in connection with the construction, replacement, maintenance or repair of said 48" DI pipe. 9. It is expressly agreed that in case of the District'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. I 0. Upon abandonment of any right or privilege herein granted, the right of the District to that extent shall terminate, but its obligation to indemnify and save harmless, to the extent of the law , the City , its officers and employees , shall not terminate in any event, except as to the Centennial Water and Sanitation District pursuant to the provision of paragraph 8 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. Englewood -Old Pump Station Crossing -SPDD2. l IN WITNESS WHEREOF, this instrwnent has been executed as of the day and year first above written. APPROVED: Stewart Fonda Director of Utilities APPROVED: Englewood -Old Pump Station Crossing -SPDD2.1 CITY OF ENGLEWOOD, Acting through and by its Water and Sewer Board Chairman CENTENNIAL WATER AND SA.t'-OTA TION DISTRICT EXHIBIT CROSSING LICENSE AGREEMENT LEGAL DESCRIPTION A CROSSING LICENSE FOR WATERLINE PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE EAST QUARTER CORNER OF SECTION 31; THENCE SOUTH 27°07'48" WEST 833 .49 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL "G" AS RECORDED AT BOOK 5734 AT PAGE 770 AND THE TRUE POINT OF BEGINNING ; THENCE SOUTH 03°37'30" EAST 20.00 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "G"; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID PARCEL "G" SOUTH 86°44'28" WEST 25 .00 FEET; THENCE NORTH 03°37'30" WEST 20 .00 FEET TO THE NORTHERLY LINE OF SAID PARCEL "G"; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL "G" NORTH 86°44'28" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THE ABOVE PARCEL OF LAND CONTAINS 500 SQUARE FEET OR 0.012 ACRES, MORE OR LESS . BEARINGS ARE BASED ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31, BEARING NORTH 00°18'57" EAST. Crossing License Agreement Ensor Raw Water Job No. 2395.020.03 September 11, 2001 • gdc ENGLEWOOD, CO 80111 (303) 741-6000 DATE: Oq/1 1 /ot ~ I SHEET 1 OF2 EXHIBIT NTS CITY OF ENGLEWOOD \ EXISTING ESMT. BOOK 1517, PAGE 357~ I I I I / I I soUIH~ I I LA\\( I I p ,..o\<_ SOUTH PLATTE PARK I I p f"'r'\ BOUNDARY I I I \I N86.44'2B"E \ 25.00 1 NOJ:J 7'30 "W POINT OF COMMENCEMENT El/ 4 CCR, SEC 31, TSS R68W, 6TH P.M . ~,I~ n:: 0 <( i'.= w~ CO I VJ ~II~ (/) ~ (/) . <(I~ PARCEL "G" m I ::J EXISTING CW&SD ESMTI ti; BK 5 7 34, PG 770 i'.J POINT OF BEGINNING SEC 32 I I I 20. OQ _______ _j I I 503"37'.JO"E I --T _U \ 20. 00 1 EXISTING CITY OF ENGLEWOOD ESMT BK 2733, PG 598 PARCEL "G" CW&SD ESMT . BK 5374, PG 770 llllS EXHIBIT DOES NOT REPRESENT A MONUMENTEO SIJR\'EY. IT IS ONLY INTENDED TO DEPICT lllE ATTACHED DESCRIPTION . \ ~----S86 ~4 4'28"W ! I \ EDNA ENSOR \ 25. 00 1 I -t _J ~~ 3~~8 ' \ \. ~ _ 1. ---, I I SE coR/1 I I,; SEC 31 ~-------1-~ EXISTING I ~I CW&SD ESMT. L--\---~Xl:::TING~ I BK 6719, PG 507 CW&SD ESMT. I BK 6719, PG 508 PARCEL "G" PARCEL "B" EXISTING CW&SD ESMT BK 5734, PG 770 EXISTING CW&SD ESMT BK 5734, PG 770 =tmc ROCKY MOUNTAIN CONSULTANTS, INC. SHEET 2 OF 2 8301 E. Prentice Ave . Suite 101 Gr eenwood Village City, CO 80111 (303) 741-6000 FAX (303) 741-6106 DATE 09 19 01 REVISED 09 25 O 1 de TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made and entered into as of the_ day of , 2001, by and between the CENTENNIAL WATER AND SANITATION DISTRICT ("Centennial"), a Colorado quasi-municipal corporation whose principal place of business is 62 West Plaza Drive, Highlands Ranch, Colorado 80129 and the CITY OF ENGLEWOOD ("Englewood"), a Colorado municipality whose principal place of business is 1000 Englewood Parkway , Englewood, Colorado 80110. WHEREAS, Centennial desires access and use through Englewood 's Easement to utilize this Temporary Construction Easement as a staging area for the installation of a 48" DI pipe (the "Project") as described in the attached License Agreement ; and WHEREAS , Centennial is required to obtain access through Englewood's easement in the location depicted upon Exhibit A attached hereto and made a part hereof ; and THE PARTIES covenant and agree as follows : 1. Description o f Project. To pro v ide Centennial access to construct their pipeline projecr. Centennial's project will begin in December 2001. After the project is complete, which will be no later than April 2002 , Centennial will do what is reasonably necessary to restore the property to the original condition . 2. Right to Store Materials: Englewood agrees to permit Centennial or it 's Contractor. in conjunction with the construction and installation of the pipe , to s tore pipe and equipment on the site as indicated on the attached drawing . Centennial agrees to erect a temporary security fence around the storage site and maintain adequate security for the site at all times. Centennial further agrees to compl y with all State and Federal statutes and regulations regarding the handling, storage and clean up of any hazardous material used by Centennial, its employees , agents and assigns in conjunction with the Project. The location of the Temporary Construction Easement is as depicted in Exhibit "A". 3. Length of Agreement: This agreement shall expire on April , 2002 . However, the installation of the 48" DI pipe shall not begin before December 2001 . 4. Access: Centennial or its Contractor shall have 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 7:00 a.m. to 6:00 p.m., 2) The operation of equipment and heavy trucks will be permitted on the property only during normal working hours, 3) Centennial will comply with all City of Littleton requirements regarding emergency access to the property. 5. Restoration: Centennial or its Contractor 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 restoring the property. The restoration is to be completed by the expiration date of this Temporary Easement. Englewood -Old Pump Station Crossing -SPDD2. l 6. Site Condition: Centennial or its Contractor will provide security for the site at all times. In addition, Centennial will endeavor to keep the site in a visually acceptable manner during the terms of this agreement, and Centennial will maintain adequate dust control either by regularly spraying the exposed soil with water or other acceptable means. 7. Liability: Centennial or its Contractor agrees to be liable and hold harmless Englewood, its employees, tenants, guests and invitees, from any claims, causes of action, and liability which may occur as a result of the actions of Centennial including the cost of defending against such claims. 8. Insurance: Centennial or its Contractor shall maintain in full force and affect a valid policy of insurance for the Project in the amount of $600 ,000 property coverage and $600,000 liability coverage. Centennial or its Contractor further agrees that all Centennial or its Contractor employees, contractors and subcontractors working on the Project, shall be covered by adequate Worker 's Compensation. 9. Arbitration : The parties agree to submit any dispute to arbitration pursuant to Colorado law. CITY OF ENGLEWOOD Stewart Fonda Director of Utilities Englewood -Old Pump Station Crossing -SPDD2.1 CENTENNIAL WATER AND SANITATION DISTRICT ,• EXHIBIT A CONSTRUCTION EASEMENT LEGAL DESCRIPTION AN EASEMENT FOR CONSTRUCTION PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CO RNER OF THE SOUTIIEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 26°26'28" WEST 850.74 FEET TO A POINT ON TllE SOUTH LINE OF A CENTENNIAL WATER AND SANITATION DISTRICT EASEMENT AS RECORDED IN BOOK 5734 AT PAGE 770 AND THE NORTH LINE OF A CITY OF ENGLEWOOD EASEMENT AS RECORDED AT BOOK 2733 AT PAGE 598 AND THE POINT OF BEGINNING; THENCE SOUTH 03 °37'3 0" EAST 36.04 FEET TO A POINT ON THE NORTH LINE OF A CENTENNIAL WATER AND SANITATION DISTRICT EASEMENT AS RECORDED IN BOOK 6719 AT PAGE 507; THENCE SOUTH 86 °44'28" WEST 111.09 FEET ALONG THE NORTH LINE OF SAID CW&SD EASEMENT, A CW&SD EASEMENT RECORDED IN BOOK 6719 AT PAGE 508 AND A CW&SD EASEMENT RECORDED AT BOOK 5374 AT PAGE 770 TO A POINT ON THE SOUTH PLATTE PARK BOUNDARY; THENCE NORTH 03°37'30" WEST ALONG SAID SOUTH PLATTE PARK BOUNDARY 16 .00 FEET; THENCE NORTH 86°22'30" EAST 86.09 FEET; THENCE NORTH 03 °37'30" WEST 19.49 FEET TO A POINT ON SAID CENTENNIAL WATER AND SANITATION DISTRICT EASEMENT; THENCE NORTH 86°44'28" EAST ALONG SAID EASEMENT 25.00 FEET TO THE POINT OF BEGINNING; THE ABOVE PARCEL OF LAND CONTAINS 2302 SQUARE FEET OR 0.053 ACRES . BEARINGS ARE BASED ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31, BEARING NORTH 00°18'57" EAST . Construction Easement Ensor Raw Water Job No . 2395.020.03 dwg3 October I, 2001 -gdc SHEET I OF2 EXHIBIT A NTS CITY OF ENGLEWOOD \ EXISTING ESMT BOOK 1517. PAGE 357 D-J I I ;i_ I I _ / I I SOU\\-\ ,,,-----I I \.._/\ \\( I I p R'/ OUTH PLATTE PARK I I p /\ '°' BOUNDARY I I POINT OF COMMENCEMENT E1/4 COR , SEC 31, TSS R68W, 6TH P.M . EDNA ENSOR BK 3808, I PG 326 I I I I I I W I t; I II I I ~1 ;;:; -z 0::: 0 <( F= W1u m~ LL II .; 0 ::::- (/) ~ U5 1 . I \1\1 N86.44'2B"E 25.00' N03737'30"W <( ~ PARCEL "G" m I :J EXISTING CW&SD ESMTI lli BK 5734, PG 770 ~ 19.49 ' N03737'30"W 16.00' EXISTING CITY OF ENGLEWOOD ESMT BK 2733, PG 598 PARCEL "G" CW&SD ESMT. B K 5374, PG 770 I POI NT OF BEGINNING 586.44'28,"W 111.09 --1 I I EDNA ENSOR \ I BK 3808 , I I PG 326 I """: ~------J-~ 1 X I TING~~\ L--4-----';;:c':-::w':"&SD ES M T. I B K 6719, P G 508 PARCEL "B" 50373 7'3p II 36.04 SE COR SEC 31 EXISTING CW&SD ESMT . BK 6719, P G 5 0 7 PARCEL "G" EXISTING CW&SD ES M T BK 5734, PG 770 SEC 32 THIS EXHI BI T DOES NOT REPR ESENT A MONUMENTED SUR\f:Y. IT IS ONLY IN TENDED TO DEP ICT THE ATTAOfED DESCR IPTION . EXISTING CW&SD ESMT BK 5734, PG 770 =tmc ROCKY MOUNTAIN CONSULTANTS, INC . SHEET 2 OF 2 830 1 E. Prentice Ave. Suit e 101 Gr ee nwo od Vill age Ci ty, CO 801 11 (303) 741 -6000 f"AX (303) 741-6106 DATE 10 01 0 1 REViSED I r! s~~!}},~,~!,~~ I extension 523. ·---------····---·- Notice to Fisl1 Owners & l(idney Dialysis Patients In October, Centennial Water & Sanitation District will implement changes to our current disinfection process, while maintaining our high quality water supply to our customers . Centennial currently uses chlorine as the residual disinfectant. Beginning in October, Centennial will begin using chloramines as the residual disinfectant. This change may specifically affect some water users including kidney dialysis patients and fish owners. These individuals should take some steps to prepare for the change . What are chloramines? Chloramines are a combination of chlorine and ammonia, which are used to kill potentially harmful bacteria in water. Chloramines have been used safely throughout the United States for many decades. Locally, Denver Water has used chloramines for many years . Why use chloramlnes? When chlorine, alone combines with organic material, it forms chlorinated organic compounds such as trihalomethanes (THMs), which are suspected carcinogens. The use of chloramines will significantly reduce the amount of such compounds in your water. Chloramines are also much more persistent than chlorine, which means a longer disinfection life (Chlorine dissipates when water sits for a few days while chloramines may take weeks to dissipate). ~(- Are chloramlnes safe? Yes, chloramines are safe. In fact, thfS' is essentially no different than having chlorine in your water -with a few exceptions . The use of chloramines will require some water users like kidney dialysis patients and fish owners, to take steps to prepare for the change. Look for more information from Centennial this fall in your water bill before the change occurs. Board of Directors Terri Kershisnik, Chair Jeff Kappes John Hendrick, General Manager John Kilrow Steve Ormiston Jeff Willis Paul Grundemann, Director, Water/Wastewater Operations For more information about Centennial Water & Sanitation District, please call 303 -791 -2185 or visit us online at www.highlandsranch.org/centennial. Tours of the water and wastewater plants are available. To schedule a tour, please call Centennial at 303 -791-7185. ,, ·;.. ..... ; . •.·· .. h -\ ~ 0 ·i FOR IMMEDIATE RELEASE May24, 2000 FOR MORE INFORMATION: Sherry Eppers, 303-791-0430, ext. 251 CHLORAMINE DISINFECTION PROCESS TO OCCUR IN WATER BEGINNING JUNE 5 This is a reminder to water customers that in June 2001, Centennial Water & Sanitation District wilJ.. implement changes to the current disinfection process, while maintaining a high quality water supply to · customers. Centennial currently uses chlorine as the residual disinfectant. Beginning June 5, Centennial will begin using chloramines as the residual disinfectant. 1bis change will primarily affect fish owners and dialysis patients. .. What Are Chloramines? Chloramines are a combination of chlorine and ammonia, which are used to kill potentially harmful bacteria in water. Chloramines have been used safely throughout the United States for many decades. Why Use Chloramines? When chlorn.c~~es with organic material, it forms chlorinated organics, which are regulated by state and federal standards. The use of chloramines will significantly reduce the amount of chlorinated organics in the water. Chloramines are also much more persistent than chlorine which means a longer disinfection life. (Chlorine dissipates when water sits for a few days, while chloramines may take weeks to dissipate). Are Chloramines Safe? Yes, chloramines are safe. In fact, it is essentially no different than having chlorine in the water, with a few exceptions The use of chloramines will require some water users, kidney dialysis patients and fish owners, to take steps to prepare for the changeover. People can drink, cook, -, j j l Dialysis patients and fish owners need to remove chloramines. Dialysis patients, medical centers and fish owners already know that steps must take to remove chlorine from the water. Chloramines will be no exception but may require alternate methods of removal than for chlorine removal. Chloramines in dialysis water would be toxic. Please check with your physician for information on removal of chloramines from water for dialysis use. Chloramines are also harmful to fish, reptiles and amphibians. There are several products on the market to removing chloramines from water. Please check with your pet store owner for products and additional information on chloramine removal. The information about this process was provided to all water customers earlier this year in a newsletter mailing. If you have concerns or questions, please call Centennial Water & Sanitation District at 303-791- 2185, ext. 523. 1'~ HALL&EVANSLLc ATTORNEYS AT LAW DAVID R . 9ROUOHAM BROUOHO@ HALI.EVANS .COM <303> 828·3327 Dan Brotzman, Esq. Office of the City Attorney City of Englewood 1000 Englewood Parkway Englewood, CO 80110 September 25, 2001 Hall & Evans Denver • Coioradc AT?: G 1200 Seventemth StiYet, Suite 170 0, Dmvtr, Co iamdo lfU~U~· )IJJ I Tel: 303 ·628·3300 Fax: 303·628·3368 wi vw.h a/lev an s.co m SEP 2 7 2001 llTWlllIM llYll18E Re: Nestier and Devon .,.. C:ty of Enq!ewoorl . Lukowski. et al. Arapahoe County Distr ict Court Case No . 99 CV 1984 Dear Dan: As I prev iously indicated in our various discuss ions on this lawsuit, I have little question that the proposed settlement agreement is an excellent method of resolving this litigation. A judgment against the City at trial could result in a legal determination that the City owns an easement to use and maintain the C ity Ditch only and not a fee interest in the City Ditch Righ t-of-Way. I believe this decis ion would create an unfavorable precedent for the City in other areas of the City Ditch. As a consequence, I am pleased to recommend that this case be resolved by the City 's agreement to place a fence across the City Ditch Right-of-Way , paralle l to Mr. Nestler's northern property boundary. All other issues regarding ownership rights would be reserved. The initial meet ings we had on this issue last year led to the formulation of a proposed settlement agreement , and the document which Nestler's newest attorney now proposes is simply a fine tuning of the settlement agreement we all essentially concurred in last year. The present settlement document has been revised to address Nancy Reid's concerns and essentially gives Nestler nothing more than what he already has. Moreover. to push this matter through trial could well l~ad to a situation in which the City would be required to actually condemn the property in question , if it desires to hold the property in fee simp le . Again, the practical side of this case is part of what compels me to believe strongly that the present proposed resolution of this matter simply makes sense. The only cost to the City is the fence in question and the settlement agreement maintains the status quo, with neither Nestler nor the City changing their position on their respective rights in the involved property . >. September 25, 2001 Page:2 From the costs of the defense standpoint, the original trial date was vacated because of a conflict on the court's calendar, and while it has not been reset I doubt that any trial would ever take place in this matter. Rather, the new attorney representing Nestler, John Sands, and I were basically agreed that the legal issue should be submitted to the court on a set of stipulated facts. Since those of us who discussed this matter from the City's point of view agreed last year that the case should resolve itself through a settlement agreement, we have not yet begun extensive legal research on the exact title question involved in this matter. Therefore, the cost of further litigation is somewhat difficult to estimate, but it would probably be in the amount of several thousand dollars without regard to a potential appeal. Once again, however, this resolution leaves both the City and Mr. Nestler in the same position where both have always been. To again address the practical aspect of resolving this case by the rather innocuous proposed agreement, I think Mr. Sand's observation on this resolution is accurate. He observed while we were discussing the final draft of the settlement agreement that litigating this matter through a trial would not resolve the issues addressed in the proposed Consent Qecree. By this, he meant that the settlement document basically outlines what both the City and Mr . Nestler can do with this property and it effectively simply allows both parties to continue to use the land as they always have. As I noted above, I am f rank ly pessimistic that we would prevail at any trial in this matter in terms of establishing that the City owns this property outright. In any event , at the risk of being redundant, the proposed resolution is in my mind largely favorable to th~ City and avoids the cost of additional legal fees necessary to resolve the matter in its present posture, to potentially pursue an appeal or to finance the cost of condemnation should the trial in this matter result in an unfavorable ruling against the City. Hopefully this correspondence outlines reasons why I believe this matter should be resolved through the Consent Decree which you now have . In its present form, this Decree represents the general philosophical issues which concerned the City last year and, as I noted earlier, this document has been modified to meet the City's additional concerns. Hopefully this letter responds to your most f •.. .... September 25, 2001 Page:3 recent request on this subject, but, if not, I would welcome any further inquiry anyone feels is necessary. Very truly yours, DRB/mw AIT. 7 12-2-4: Private Sewers, Connections and Repairs. A. Buildings to Have Separate Connections . Each building shall be served by its own sewer service line,. B. Old Private Sewers. Old private sewers may be used in connection with new buildings only when they are found C. Design and Construction . The size, slope, alignment, and materials of construction of a private sewer, and D. Private Lift Stations G'Oh'Or Elev:ation. Sewage lift stations shall be prohibited except in a-±+ structures where it can be clearly demonstrated to the satisfaction of the City Manager or his representative that the sewer discharge pipe cannot be located to a ll ow is too low to perffiit gravit y flow t o t he public sewer. ~anitar y sewage discharge from such structure~ shall be lifted and discharged to the sewer by a City and Tri County Health Departffient approved facility Q¥ means of a sewage lift station that shall be located inside the building to be served, which sewage lift station shall be owned, operated and maintained by the user. Sewage lift stations may be located outside buildings only with the approval of the Water and Sewer Board after submission of compelling evidence that no alternative arrangement is or was possible. Outside building lift stations approved by the Water and Sewer Board must have bolt-down, gasketted lids, vents that extends above the building roofline, and water tight containment structures with top, rim elevations that extend at least six inches (6" ) above the rim elevation of the nearest toilet bowl. Furthermore, the property owner shall enter into an agreement with the City of Englewood, which agreement shall bind the owner and all future successors and assigns, whereby, should the lift station overflow, the City shall be held harmless and indemnified against all State and Federal fines, penalties and legal actions. E. Installation and Maintenance. All costs and expenses incidental to t h e installation and connection of the Date November 5, 2001 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Southgate Supplement #151 STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their October 9, 2001 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #151. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Michael L. & Marilyn J. Manco-Johnson, for inclusion into the Southgate Sanitation District. Supplement #151 is for the East Y2 of Tract 281, South Denver Gardens, Arapahoe County. The lot has a R-1 Residential Zoning with no proposed change on 2.3 acres. The legal is attached as Exhibit A. The property is located at 5615 S. Colorado Blvd. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #151 SUPPLEMENT NO.~ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the "District," WITNESS ETH: WHEREAS, on the 20th day of June, 1961 , the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District, wh ich Agreement was most recently renewed by Connector's Agreement dated November 16 , 1988 ; and WHEREAS, said Connector's Agreement provides that the district may not enlarge its service area without the written consent of the City ; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth , the parties agree as follows: 1. The City hereby consents to the inclusion of certain additional area located in Arapahoe County , Colorado , owned by Michael L. & Marilyn J. Manco- Johnson and more fully described on Exhibit A attached hereto and incorporated herein by reference , into Southgate Sanitation District. The City agrees that said additional area may be served with the sewer faci lit ies of the District. and that the City will treat the sewage discharged into the City 's trunk line from said additional area. all in accordance with the Connector's Agreement dated November 16, 1988 . Accordingly , Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16 , 1988 , is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement dated November 16 , 1988, shall remain unchanged . IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of , 2001. ATTEST: CITY CLERK (SEAL) CITY OF ENGLEWOOD By :--------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By ih.,{o-;~ fiRESiDENT ~, ... ~:-...... ~ . '· '.-- .• ...• .;,. . . ( -, - EXHIBIT A The East 1/2 of Tract 281, South Denver Gardens, Arapahoe County, State of Colorado '· N -i-sJ -65 -~ . \ -.. _....::::: ............. .1 ·· .... , I ... 1 ----·-··--·--------'"'1'-···---···--------J-1 -.. SEC 13 I -I , . ·:~'b ·-.---lf-1--iiii ========¥~~~~ ~~~~It 1°1·~ . : ... . ~ 1 ···· __ _J i JV~R 'Nt..Ti:"P Date November 5, 2001 INITIATED BY Utilities Department A TT. CJ COUNCIL COMMUNICATION Agenda Item Subject Sewer Tap Agreement with Extended Stay American Hotel STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Water Board policy regarding an equitable method of computing taps for hotels were established at the August 13, 1996 meeting. The policy was amended by Council on May 7, 2001 to change the maximum daily consumption from being based on 100 gallons per occupied room to 100 gallons per day times the total number of sewer taps purchased under this agreement. RECOMMENDED ACTION At their October 9, 2001 meeting the Englewood Water Board recommended Council approval by motion of the Sewer Tap Agreement from Extended Stay America. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Extended Stay American Hotels has submitted for Council approval a Hotel Sewer Tap Agreement for their proposed 109-unit hotel to be built at 8752 S. Yosemite. The proposed agreement has been reviewed and approved by Englewood's City Attorney. FINANCIAL IMPACT The proposed agreement would set the sewer tap fees at half the standard fee, with no additional tap fees to be collected unless the water usage exceeds the agreed upon limit of 100 gallons per unit, per day. Tap fees in the agreement total $81,750. LIST OF ATTACHMENTS Sewer Tap Agreement from Extended Stay America Hotel. ... HOTEL SEWER TAP AGREEMENT THIS AGREEMENT, is made the __ day of , 2001, between the CITY OF ENGLEWOOD whose address is 1000 Englewood Parkway, Englewood, Colorado 80110, (hereinafter City); and ESA COL, INC., a Delaware Corporation (Extended Stay America), whose address is 101 North Pine Street -#2000, Spartanburg, SC 29302, (hereinafter ESA). WHEREAS, ESA requested a reduction in sewer tap fees because they believe their Hotel's water usage is less per unit than a single-family equivalent. The subject Hotel is located 8752 South Yosemite, Lone Tree, CO. 80124, also known as Applebee's at Lone Tree Lot 3, Filing #1 WHEREAS, the standard tap fee is based on a normal flow of two hundred (200) gallons per day and ESA estimates that their per unit flow is no more than one hundred (100) gallons per day. NOW THEREFORE the Parties agree as follows: 1. The City will sell ESA sewer taps for its Hotel units at one half the standard sewer charge, based on their estimate of no more than 100 gallons per day per unit real flow. This is a minimum charge and in no event will the base tap fee be less than one-half (112) the standard sewer charge. 2. The initial tap payment to the City by Englewood will be $76,300 ($700/109 Units), for Englewood tap fees; $12.50 for the permit, and a Big Dry Creek Interceptor Basin Charge of $5,450 ($50.00/109 Units), for a total of $81,750. 3. ESA will also issue an irrevocable, letter of credit in the amount of $81,750, which will be used for any additional tap fees. This letter of credit will be held for five (5) years by the City for additional tap fees as required pursuant to this Agreement. 4. The City will monitor winter (November 1 through April 30), bi-monthly water usage at the Hotel during a five (5) year period. During that time, ESA will monitor water consumption on a daily basis. ESA will furnish the City with a report on daily water consumption and the number of rooms occupied on the corresponding days. They will submit the report to the City on a monthly basis. 5. If at any time during the five (5) year period, the daily, per unit consumption goes over one-hundred (100) gallons per day, ESA will pay the additional tap fee owed. If the fee is not paid within sixty (60) days, the City will make periodic draws on ESA's letter of credit to pay to the City additional sewer tap fees based on the amount of flow in excess of one hundred (100) gallons per day as billed by the City of Englewood. If ESA's daily, per unit usage is less than one hundred (100) gallons per day, the City will not owe ESA any refund. 6. Additional sewer tap fees will be computed on the basis of two hundred (200) gallons per day being equal to a tap fee of $1 ,500.00. As an example, if the usage goes over one hundred (100) gallons per day by five (5) gallons per day, then five (5) gallons per day is two and one-half percent (2 1/2%) of the two hundred (200) gallons per day, two and one-half percent (2 1/2%) of one thousand five hundred dollars ($1,500) is thirty- seven dollars and fifty cents ($37.50) times one hundred and sixty-one (161) hotel units is six thousand thirty-seven dollars and fifty cents ($6,037.50) in additional sewer tap fees. The higher amount, in this example the 105 gallons per day per unit, will become the new base line for tap fees. Once the baseline reaches 200 gallons per day, per residential unit, the maximum tap fee will be owed . In no event shall the total tap fees exceed one maximum tap fee per unit. 7. However, should additional unit s be added to the project at any time , the tap fees shall be increased by the number of additional units. If the units are added after the five (5) year period described in paragraph 5 above , or after a final base line for tap fees has been reached, the tap fees for the new units will be the same as the final tap fees for the original units. 8. Any accidental discharge of metered water of an unusual and non-recurring nature where the City is notified within 24 hours of discharge and ESA provides documentation of the nature and extent of the discharge may be excluded from the calculation of the tap fees. The filling of a swimming pool will not be considered an accidental discharge under this paragraph. 9 . At the end of five (5) years or on the date on which ESA has paid the additional sewer tap fees associated with an increase in the baseline for tap fees to 200 gallons per day per unit, whichever event shall occur first, the letter of credit may be withdrawn and the City will no longer monitor water usage except for normal, annual sewer billing purposes . 10. Any additional tap fees paid pursuant to this agreement are tap fees only and shall not be considered sewer treatment charges . Any money owed the City under this Agreement is a fee for the sewer tap . 11. The City and/or it's auditor maint ains the right to enter the property to examine the water use records, the hotel occupancy records and to check water meter readings . 12. ESA gives the City the right to disconnect the hotel for nonpayment of any tap fees or sewer treatment fees due the City. 13 . This Agreement shall not be assigned by any party without the prior written consent of the other and this agreement shall be binding on any successors or assignees. 14 . ESA confirms it has 109 units in this Hotel and agrees that it shall not add additional hotel units to the City of Englewood's sewer system without written approval of the City. 2 .. .. . 15. Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. The notice shall be sent to: CITY OF ENGLEWOOD ATTN: Utilities Department 1000 Englewood Parkway Englewood, CO 80110 Extended Stay America ATTN: Piero Bussani, V.P. Legal/Development 101 North Pine Street, #2000 Spartanburg, SC 29302 864 573-1600 Fax: 864 573-1665 Colorado Registered Agent: CT Corporation 1675 Broadway #1200 Denver, CO 80202 303 629-2500 16 . This Agreement represents the entire agreement between the Parties and there are no oral or lateral agreements or understandings. This Agreement may be amended only by an instrument, in writing, signed by the Parti es. If any provision is found to be void by a court of competent jurisdiction, no other provision shall be affected by such holding. All of the remaining provisions shall remain in full force and effect. 1 7 . A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 18 . The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of ESA and t he City of Englewood , Colorado . 19 . The Parties agree that this agreement shall be recorded in the office of the Arapahoe County Clerk and Recorder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF ENGLEWOOD Thomas J. Burns, Mayor Loucrishia A. Ellis , City Clerk 3 EAS COL, Inc. Piero Bussani, V.P . Legal/Development STATE OF COLORADO ) ) SS. COUNTY OF ARAPAHOE ) On this day of 2001 , before me personally appeared Piero Bussani, known to me to be the V.P. Legal/Development, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was 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. My commission expires: --------- NOTARY 4