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2002-02-13 WSB AGENDA
WATER & SEWER BOARD AGENDA Wednesday February 13, 2002 COMMUNITY ROOM -2Nn FLOOR 1. MINUTES OF THE JANUARY 8, 2002 MEETING. (ATT . 1) 2 . 3. TIME ALLOTTMENT: IO MIN. CITY DITCH -GUESTS : DAVID HILL, WATER ATTY. TIME ALLOTTMENT: THORNTON CASE - TIME ALLOTTMENT: BILL McCORMICK, OPER. SU PT. STEW ART FONDA, DIRECTOR 20MIN. GUEST: DA YID HILL, WATER ATTY. 15 MIN. 4. CAMP, DRESSER & McKEE CHLORAMINE PRESENTATION . (ATT . 2) GUEST: STEVEN PRICE TIME ALLOTTMENT: 15 MIN. 5. AQUEDUCT FLUME IMPROVEMENTS ON THE CITY DITCH. (ATT. 3 ). GUEST: BILL McCORMICK AND INTEGRA ENGINEERING. TIME ALLOTTMENT: 15 MIN . 6. OTHER. WATER AND SEWER BOARD MINUTES January 8, 2002 A Tl_ I The meeting was called to order at 5:08 p.m. Members present: Members absent: Also present: Wolosyn, Cassidy, Kasson, Bradshaw , Habenicht Clark, Moore , Higday , Otis Stewart Fonda, Director of Utilities 1. MINUTES OF THE DECEMBER 6, 2001 PHONE VOTE. The Englewood Water and Sewer Board Minutes from the December 6, 2001 phone vote were approved as amended. Mr. Habenicht moved: Mr. Kasson seconded: Ayes: Nays: Members absent: Motion carried. Jim Higday entered at 5: 15 p.m. To approve the December 6, 2001 Englewood Water and Sewer Board Phone Vote as amended. Wolosyn , Cassidy, Kasson, Bradshaw, Habenicht None Clark, Moore, Higday, Otis 2. CITY DITCH UPDATE. Stu reviewed a meeting that was held with Englewood's water rights attorney and consulting engineer to discuss legal options for the City Ditch north of Hampden. They will be reviewing the legal ramifications of various options and their findings will be discussed at a future meeting. A substitute supply plan will be filed to divert water in the ditch, but it was noted that if an objection is filed it could take two to five years to litigate. 3. RATE HIKES . Mr. Fonda discussed the reasons for proposed water and sewer rate hikes to be implemented in 2002. Additional water quality requirements from the State Health Department will require costly additional treatment processes. Stu noted that the last sewer rate increase was 1982. The Utilities Department will begin studying cash flows, finance options and how to distribute the increase in increments . Stu will apprise the board as information is received. 4. CHLORAMINES. Stu discussed the addition of ammonia to form chloramines for disinfection at the Allen Filter Plant. Chloramine is the addition of ammonia to our present disinfectant and is expected to reduce the high chlorine complaints that are periodically received. It is also expected that this process will provide a more constant disinfectant residual throughout the distribution system. Residents, hospitals, aquarium shops and medical facilities will be notified soon. Most larger water departments along the Front Range are currently using chloramines. 5. VAL VE INSTALLATION ON THE McLELLAN 31" RAW WATER LINE. The Utilities staff determined that it is important to have the ability to tie into Centennial's Water and Sanitation District's new 48" raw water line which leads to the McLellan Reservoir in the event Englewood's 31" raw water line were to be out of service . Englewood's line runs under Santa Fe Blvd. and the railroad tracks. The proposed valves will be located near the McLellan City Ditch Pump Station at the Green Valley Turf Farm along Santa Fe between Mineral and County Line Road. In order for Englewood to tie into Centennial's 48" main, interconnection and valving will be required. Two 30" valves and two 31" x 30" tees will be installed near the McLellan Pump Station . This will enable Englewood to continue pumping raw water to McLellan Reservoir in the case of a leak or break in service in Englewood's only existing 31" raw water line. The agreements will be conditional upon the City Attorney's approval. Mr. Higday moved: Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. The meeting adjourned at 6: 10 p.m. To approve the License Agreement and Construction Agreement for the installation of butterfly valves on the 31" McLellan raw water line. Wolosyn, Cassidy, Kasson, Bradshaw, Habenicht None Clark , Moore, Higday, Otis The next Water and Sewer Board meeting will be WEDNESDAY, FEBRUARY 13, 2002 in the Public Works Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Chloramine Conversion Planning Study City of Englewood, Colorado Milestone Completion Milestone Contact Renal Network & CDPHE Develop & implement general public outreach program Develop conversion plan Develop monitoring programs Conduct pre-conversion sampling Present conversion plan to CDPHE Install feed system Train customer service & management Train operations staff Flush pipelines & clean large reservoirs Convert to chloramines Start Dec 2001 Dec 2001 Jan 2002 Jan 2002 Jan 2002 Feb 2002 Feb 2002 Feb 2002 Apr 2002 Apr2002 mid-Apr 2002 ATT. 2 Finish Jan 2002 Mar2002 Feb 2002 Feb 2002 Mar2002 Apr2002 Mar 2002 May 2002 Chloramine Conversion Planning Study City of Englewood, Colorado Checklist for Conversion to Chloramination System 1. Public Notification I Contact Renal Network and Cobrado Department of Public Heahh and Environment I Renal Network Darlene Rogers (303) 831-8818 I CDPHE ESRD Program Manager, Cathy Davenport (303) 692-5908 I Collect Background Info r web sites http ://www .ci. sf. ca. us/puc / I Fliers/Handouts for Customers I Educate COE Staff I Develop infonnation hotline I Develop FAQs and responses for staff use I Contact hardware stores I Contact Aquarium supply and Pet store owners I Contact Grocery/Seafood Stores I Contact High-Tech Laboratories/Industry 2. Design/Construction of Temporary System I Pumps I Aqueous Ammonia Storage I Monitoring Operations r Instnunentation and controls r Laboratory analyses I Feed Strategy (i.e ., constant NH3 addition) I Choramine residual analyz.er r Amrmnia analyz.er I Refine operational parameters (ie., NH3 dose) I Develop Nitrification Control and Response Plan I Emergency Spill Plan I Portable dechlorination equipment I Develop Nitrification Response Plan I Develop Nitrification Response Plan Date February 19, 2002 INITIATED BY Utilities Department A TT. 3 COUNCIL COMMUNICATION Agenda Item Subject Aqueduct Improvements Project on the City Ditch STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Board recommended Council approval of the construction of aqueduct improvements for the City Ditch at their February 13, 2002 meeting. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The original flumes were built in the 1940's to convey water for irrigation and supply raw water to the Allen Filter Plant. Along the course of the canal there are 4 elevated flume structures that cross over Dad Clark Gulch, Lee Gulch, Slaughterhouse Gulch and Big Dry Creek. Over time, water flows, rocks and debris have scoured the exposed metal with weather causing additional deterioration. Flumes are used for carrying City Ditch water from Chatfield to the Allen Filter Plant. The flumes have had regular maintenance but it has reached the point that a major rehab is necessary for continued use. The flume beds will be relined with a high-build elastomeric coating that is corrosion, abrasion and impact resistant. The proposed project also includes sandblasting, patching damaged areas, spillway and box reconstruction. Englewood's City Attorney has reviewed the agreement. FINANCIAL IMPACT Requests for Bid were sent to vendors for the City Ditch Aqueduct Improvements Project. A bid opening was held on February 14, 2002. The following responses were received: $.00 $.00 $.00 $.00 • p is the recommended low, acceptable bidder at $.00. The Utilities Department budgeted $90,000 .00 in the 2002 Budget for this project. Extra funds are available from the Water Fund. lntegra Engineering has reviewed and approved the recommended acceptable bidder. LIST OF ATTACHMENTS January 27, 2002 City of Englewood Water & Sewer Board To Whom It May Concern: Please find an enclosed copy of a letter sent to Drain "O" Rooter regarding costs incurred by myself due to erroneous information provided to me on a sewer location I paid to have performed. Since I was referred to Drain "O" Rooter by the City of Englewood, I believed you would want to be informed of this matter. I am sure this is not the performance you expect from your preferred vendors. If you could provide me with any assistance in resolving this matter, it would be greatly appreciated. / usan Monteleone ·-3443 S Logan St. Englewood, CO. 80110 303-789-7445 ...... ' ,, Jar:u ary 27, 2002 Drain "O" Rooter Inc. P.O. Box 1448 Wheatridge, CO. 80034-0448 Attention: Customer Service To Whom it may concern; ·--··· -----·-------------· ---. ---- On March 27, 2001 I had Drain" 0 "Rooter come to my home to do a sewer location. It was signed by Tyrone B. and the invoice number is 313858. I was charged $39.50 and was told the sewer ran on the north side of my home. This information was indicated on the service contract. l had this location performed as I was having a garage built by Budget Garages and was informed that in order to get a permit from the City of Englewood to begin building, they would have to have the location of the sewer as they would not allow a garage built over an existing sewer line. I contacted the City of Englewoods' building permits department and was referred to Drain "0'' Rooter as one of the companies on their preferred vendors list to call for a sewer location. On March 30, 200 I I signed a contract with Budget Garage to build an oversized two car garage on the south side of my home. A copy of the statement from Drain "O" Rooter stating the location of the sewer line was faxed to Budget Garages on May 5, 200 I, as they indicated the City of Englewood was waiting to issue the permit on information about the sewer line. The construction of the garage began in June 2001 and was finished in July 2001. On September 24, 2001 l scheduled a routine clean out of my existing sewer line. I have this done on an annual basis to make sure there are no tree roots interfering with the sewer line. I was told by Capra PJumbling, they could not run their line out more than 60 feet and felt I might have a break in the line. They suggested I call in a locator to camera the line to see ----------- , -.. what the problem might be. I contacted Larry Baden of Baden Utility Locator Service and on September 28, 2001 he came out to camera the line. He filmed and located two sewer lines coming out from the house that connected south of the house and ran directly under the new garage. The line was broken and water was beginning to back into the house. I contracted with Crown Plumbing to repair my sewer line. The break of the sewer was just behind the garage and was actually seeping into the alley. I have had to incur the cost of rerouting the sewer line at the cost of$7980.00. I would not have had to incur this cost as well as the cost of another line location of$435.00 if Drain "O" Rooter had provided me with the accurate location of the line that I paid to have done. The construction of the garage over the existing sewer line caused this damage. I am holding Drain "O" Rooter responsible for these damages as I was provided with false information by your company. I have documentation from Baden Utility Locator Service as well as Terry Hutson of Crown Plumbing proving that Drain "O" Rooter provided me with false information which caused these damages. I demand full restitution from Drain "O" Rooter . If this matter is not resolved by February 15, 2001, I will be forced to seek legal action. -, Yours truly, I - ~l~/~ · 1Susan Monteleone 3443 S. Logan St. Englewood, CO 80110 303-789-7445 cc: City of Englewood Better Business Bureau '. © THIS LICENSE 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 "City", and __________________ _, herein referred to as "Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a sanitary sewer line and a natural gas line over the City's rights-of-way for the City Ditch, described as a parcel ofland situated in the Northeast Quarter of Section 9, Township 5 South, Range 68 West of the Sixth P.M., County of Arapahoe, State of Colorado described as follows: See attached Exhibit 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's sanitary sewer line and/or natural gas line so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said sanitary sewer line and/or natural gas line the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable . In the event the planing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the sanitary sewer line and/or the natural gas line should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the sanitary sewer line and/or the natural gas line or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 1 '-I~ SS S • 6. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, rec rded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful , usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be 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. 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes all responsibility for maintenance and installation. 11. 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 sanitary sewer line and/or natural gas line being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. 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. 13. 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. 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 control of the City. 2 IN WITNESS WHEREOF . this instrucment has been e xecuted as of the day and year first above written . IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written . CITY OF ENGLEWOOD ATTEST: Mayor City Clerk ATTEST : APPROVED AS TO FORM : City Cle rk City Attorney The undersigned authorized officer of ______________ _ has read the foregoing License and agrees for and in behalf of said ---------- --------------------that it will accept and will abide by all the terms and conditions thereof. ATTEST: Title (SEAL) -3 - LICENSEE: Bv Title Address : Phone : EXHIBIT SHEET 1 OF2 10 FOOT WIDE SANITARY SEWER AND NATURAL GAS LINE EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERL Y RIGHT-OF -WAY OF THE CITY DITCH, FROM WHICH THE CENTER QUARTER CORNER OF SECTION 9 BEARS S 83 °06'02" W , 912.07 FEET; THENCE N 00 °09'00" W, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 10.00 FEET; THENCE N 89 °51'00" E, A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID CITY DITCH; THENCE S 00 °09'00" E , ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 10.00 FEET; THENCE S 89 °51'00" W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 300 SQUARE FEET OR 0.007 ACRES, MORE OR LESS THE SANITARY SEWER AND NATURAL GAS LINES TO BE INSTALLED WITHIN THIS EASEMENT ARE TO BE SEPARATED BY A MINIMUM OF FIVE (5) FEET. BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 9 BEARS N 90 °00'00" E , AS SHOWN ON THE BELL ISLE GARDENS SECOND FILING SUBDIVISION PLAT RECORDED UNDER RECEPTION NO. 4 75064. LICNSEl.WPD 2/06/02 j ZYLSTRA BAKER SURVEYING, INC 1510 W. TUFTS AVE. ENGLEWOOD CO 80110 303-781-0700 EXHIBIT NE1/4 SECTION 9, T. 5 S., R. 68 W., 6TH P.M. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO N LOT 2 I BELL ISLE COMMONS SUBDIVISION LOT 3 BELL ISLE COMMONS SUBDIVISION I I I 0 10 20 40 Ebs=-Q I SCALE : 1 "=20' CENTER 1/4 CORNER SECTION 9 FOUND 3 1/4" ALUM CAP IN RANGE BOX "COLO DEPT OF TRANSPORTATION 13 .6' 13 .6' r 0 () ~ f'Tl 0 () f'Tl z -i f'Tl rf='>~ /~ 30 .00' 0 =i 0 I S 00·09 100" E 10.00 1 CONTAINING 300 SQUARE FEET OR 0.007 ACRES MORE OR LESS EAST 1/4 CORN ER SECTION 9 FOUND 3 1/4. ALUM CAP IN RANGE BOX "COLO DEPT OF TRANSPORTATION T5S R68W 1/4 S9IS 10 1996 PLS NO 23516" T5S R68W C 1/4 SEC 9 1997 PLS NO 10734" N 90•00 ' oo· E 2639.46 ' NOTE: 1. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. CITY OF ENGLEWOOD DRAWN BY JRT 1 "=20' lYLSlRA BAKER SURV£r!NG, INC. 1510 W. TUFTS AVf.. ENGLEWOOD CO 80110 CHECKED BY DATE JOB NO. JRZ 2/06/02 MM1-1207\LICENSE1 .DWG SHEET 2 OF 2 A LICENSE AGREEMENT FOR A 10 .00 FOOT WIDE SANITARY SEWER AND NATURAL GAS LINE EASEMENT SITUATED IN THE NORTHEAST QUARTER SECTION 9. T 5 S, R 68W. 6TH P .M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO . ': © THIS LICENSE AGREEMENT, made and entered into as ofthis __ day of ___ _ 20_, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "City'', and ~~~~~~~~~~~~~~~~~~~ herein referred to as "Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a sanitary sewer line and a natural gas line over the City's rights-of-way for the City Ditch, described as a parcel of land situated in the Northeast Quarter of Section 9, Township 5 South, Range 68 West of the Sixth P .M., County of Arapahoe, State of Colorado described as follows: See attached Exhibit 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2 . The Licensee shall notify the City 's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to , Licensee's sanitary sewer line and/or natural gas line so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said sanitary sewer line and/or natural gas line the Licensee shall complete such construction, place and maintain permanent, visib le 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 planing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the licensee. 4 . The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City 's rights-of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the sanitary sewer line and/or the natural gas line should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate , rearrange , or remove its installations so as not to interfere with any such use . 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the sanitary sewer line and/or the natural gas line or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 1 6. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful , usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be 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. 10. Licensee, by acceptance of this license , expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes all responsibility for maintenance and installation. 11. 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 sanitary sewer line and/or natural gas line being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. 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. 13. 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. 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 control of the City. 2 ·: '>.·· I :: i :··.·=:·I · .. ·1 ·-·-::.1 · .. · . ·~ IN WITNESS WHEREOF, this instrucment has been executed as of the day and year first above written. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. ATTEST : CITY OF ENGLEWOQD Mayor City Clerk ATTEST: APPROVED AS TO FORM : City Clerk City . ..\ttorney The undersigned authorized officer of ______________ _ has read the foregoing License and agrees for and in behalf of said ---------- --------------------that it will accept and will abide by all the terms and conditions thereof. ATTEST: Title (SEAL) -3 - LICENSEE : v Title Address: Phone : EXHIBIT SHEET 1 OF2 10 FOOT WIDE SANITARY SEWER AND NATURAL GAS LINE EASEMENT LEGAL DESCRIPTION AP ARCEL OF LAND SITU A TED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH P.M ., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE , STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE CITY DITCH, FROM WHICH THE CENTER QUARTER CORNER OF SECTION 9 BEARS S 79°04'12" W, 922.02 FEET; THENCE N 00 °09'00" W, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 10.00 FEET ; THENCE N 89 °51'00" E, A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT -OF-WAY OF SAID CITY DITCH ; THENCE S 00 °09'00" E, ALONG SAID EASTERLY RIGHT-OF-WAY , A DISTANCE OF 10.00 FEET; THENCE S 89 °51'00" W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 300 SQUARE FEET OR 0.007 ACRES, MORE OR LESS THE SANITARY SEWER AND NATURAL GAS LINES TO BE INSTALLED WITHIN THIS EASEMENT ARE TO BE SEPARATED BY A MINIMUM OF FIVE (5) FEET. BASIS OF BEARINGS : THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 9 BEARS N 90 °00'00" E, AS SHOWN ON THE BELL ISLE GARDENS SECOND FILING SUBDIVISION PLAT RECORDED UNDER RECEPTION NO. 475064. LICNSE2.WPD 2/06/02 _) ZYLSTRA BAKER SURVEYING, INC 1510 W. TUFTS AVE. ENGLEWOOD CO 80110 303-781-0700 EXHIBIT NE1/4 SECTION 9, T. 5 S., R. 68 W., 6TH P.M. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO I I 14.8' N OU09'00'' W s 00·09'00" £ 10.00' N _JL II LOT 2 10.00' BELL ISLE COMMONS I SUBDIVISION LOT 3 BELL ISLE COMMONS SUBDIVISION POINT OF BEGINNING I I 0 10 20 40 ~ I SCALE : 1 "=20' NOTE: CENTER 1/4 CORNER SECTION 9 FOUND 3 1/4 • ALUM CAP IN RANGE BOX "COLO DEPT OF TRANSPORTATION T5S R68W C 1/4 SEC 9 1997 PLS NO 10734" N 90"00' 00" E 2639.46' 1. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . 13.6 ' 13.7' -.., iTi r 0 r 0 0 ~ rr1 0 0 rr1 z ...; c z rr1 0 =i 0 :r: 30 .00' CONTAINING 300 SQUARE FEET OR 0.007 ACRES MORE OR LESS EAST 1/4 CORNER SECTION 9 FOUND 3 1/4" ALUM CAP IN RANGE BOX "COLO DEPT OF TRANSPORTATION T5S R68W 1/4 S9IS10 1996 PLS NO 23516" SHEET 2 OF 2 Cl1Y OF ENGLEWOOD A LICENSE AGREEMENT FOR A 10.00 FOOT WIDE SANITARY SE'hfR AND NATURAL GAS LINE EASEMENT SITUATED JN THE NORTHEAST QUARTER DRAWN BY JRT CHECKED BY JRZ SCALE 1"=20 ' DATE 2/06/02 ZVLSTRA BAKER SURVEYING, INC . 1:110 W. TUFTS AVE. 000 co 80110 JOB NO . MM 1-1207\LICENSE2 .DWG SECTION 9, T 5 S, R 68W , 6TH P.M ., CITY OF ENGLEWOOD , COUNTY OF ARAPAHOE , STATE OF COLORADO . TIIlS LICENSE 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 "City", and __________________ __, herein referred to as "Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install two water lines over the City's rights-of-way for the City Ditch, described as a parcel ofland situated in the Northeast Quarter of Section 9, Township 5 South, Range 68 West of the Sixth P.M., County of Arapahoe, State of Colorado described as follows: See attached Exhibit 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's water lines so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said water lines the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the planing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the water lines should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the water lines or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 1 6. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful , usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be 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. 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes all responsibility for maintenance and installation. 11. 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 water lines being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. 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. 13. 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. 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 control of the City. 2 IN WITNESS WHEREOF , this instrucment has been executed as of the day and year first above written . IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written . CITY OF ENGLEWOOD ATTEST : Mayor City Clerk ATTEST : APPROVED AS TO FORM : City Clerk City Attorney The undersigned authorized officer of ______________ _ has read the foregoing License and agrees for and in behalf of said ---------- --------------------that it will accept and will abide by all the terms and conditions thereof. ATTEST : Title (SEAL) -3 - LICENSEE: v Title Address : Phone : EXHIBIT SHEET l OF2 13 FOOT WIDE WATER LINE EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE CITY DITCH, FROM WHICH THE CENTER QUARTER CORNER OF SECTION 9 BEARS S 81°19'17" W, 915.88 FEET ; THENCE N 00 °09'00" W , ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 13.00 FEET ; THENCE N 89 °51'00" E, A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID CITY DITCH ; THENCE S 00 °09'00" E , ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 13.00 FEET ; THENCE S 89 °51'00" W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 390 SQUARE FEET OR 0.009 ACRES, MORE OR LESS . BASIS OF BEARINGS : THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 9 BEARS N 90 °00'00" E , AS SHOWN ON THE BELL ISLE GARDENS SECOND FILING SUBDIVISION PLAT RECORDED UNDER RECEPTION NO. 475064. LICNSE3.WPD 1130/02 ZYLSTRA BAKER SURVEYING, INC 1510 W. TUFTS AVE. ENGLEWOOD CO 80110 303-781-0700 ---·--·-----··-··---·-·----·--·-·--- EXHIBIT NE1/4 SECTION 9, T. 5 S., R. 68 W., 6TH P.M. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO 0 10 20 ~ :==bJ LOT 2 I I-- BELL ISLE COJIJIONS ~ SUBDIVISION I ~ LOT 3 BELL ISLE COMMONS SUBDIVISION 40 I w 0 en ·o 6::?~ :t:-..1wu._ I ~:§Oo -1-2: 01.t.J<C(I) ~&8t£ -W0:41 OQo cn v N 00·09'00" W 13.00' S 00·09'00" E 13.00' CONTAINING 390 SQUARE FEET OR 0.009 ACRES MORE OR LESS SCALE: 1 "=20 ' I I I NOTE: I I CENTER 1/4 CORNER SECTION 9 FOUND 3 1/4" ALUM CAP IN RANGE BOX "COLO DEPT OF TRANSPORTATION 13.6' EAST 1/4 CORNER SECTION 9 FOUND 3 1/4" ALUM CAP IN RANGE BOX "COLO DEPT OF TRANSPORTATION T5S R68W 1/4 S9jS10 1996 PLS NO 23516" T5S R68W C 1/4 SEC 9 1997 PLS NO 10734" N 90"00' 00" E 2639.46' 1. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . CITY OF ENGLEWOOD DRAWN BY JRT CHECKED BY JRZ 1"=20' DATE 1/30/02 ZVLSTRA BAKER SURVEYING, INC. 1510 W. TUFTS A'vf.. co 60110 JOB NO. MM 1-1207\LICENSE3 .0WG A LICENSE AGREEMENT FOR A 13 .00 FOOT WIDE WATER LINE EASEMENT SITUATED IN THE NORTHEAST QUARTER SECTION 9, T 5 S, R 6s-H , 6TH P.M., CITY OF ENGLEWOOD. COUNTY OF ARAPAHOE, STATE OF COLORADO . SHEET 2 OF 2 .-. THIS LICENSE 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 "City", and ~~~~~~~~~~~~~~~~~~-- here in referred to as "Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a bridge/culvert over the City's rights-of- way for the City Ditch, described as a parcel of land situated in the Northeast Quarter of Section 9, Township 5 South, Range 68 West of the Sixth P.M., County of Arapahoe, State of Colorado described as follows: See attached Exhibit 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's bridge/culvert so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said bridge/culvert the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the planing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the bridge/culvert should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the bridge/culvert or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful , usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be 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. 10 . Licensee, by acceptance of this license , expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes all responsibility for maintenance and installation. 11. 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 bridge/culvert being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. 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. 13. 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. 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 control of the City. 2 IN WITNESS WHEREOF , this instrucment has been executed as of the day and year first above written. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD ATTEST: Mayor City Clerk ATTEST : APPROVED AS TO FORM: City Clerk City Attorney The undersigned authorized officer of ______________ _ has read the foregoing License and agrees for and in behalf of said--------- --------------------that it will accept and will abide by all the terms and conditions thereof. ATTEST: Title (SEAL) -3 - LICENSEE: Bv Title Address : Phone: EXHIBIT SHEET 1 OF2 70 FOOT WIDE BRIDGE/CUL VERT EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STA TE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE CITY DITCH , FROM WHICH THE CENTER QUARTER CORNER OF SECTION 9 BEARS S 83 °05'32" W, 912.09 FEET ; THENCE N 00 °09'00" W, ALONG SAID WESTERLY RIGHT-OF-WAY , A DISTANCE OF 70.00 FEET; THENCE N 89 °51'00" E, A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID CITY DITCH ; THENCE S 00 °09'00" E, ALONG SAID EASTERLY RIGHT-OF-WAY , A DISTANCE OF 70.00 FEET; THENCE S 89 °51'00" W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2100 SQUARE FEET OR 0.048 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 9 BEARS N 90 °00'00" E, AS SHOWN ON THE BELL ISLE GARDENS SECOND FILING SUBDIVISION PLAT RECORDED UNDER RECEPTION NO. 475064. LICNSE4. WPD 2/06/02 ZYLSTRA BAKER SURVEYING, INC 1510 W. TUFTS AVE. ENGLEWOOD CO 80110 303-781-0700 EXHIBIT N£1/4 0 10 20 r;::c~ LOT 3 BELL ISLE COMMONS SUBDIVISION 40 I SCALE : 1 "=20' I I I I CENTER 1/4 CORNER SECTION 9 FOUND 3 1/4" ALUM CAP IN RANGE BOX "COLO DEPT OF TRANSPORTATION 13.6' EAST 1/4 CORNER SECTION 9 FOUND 3 1/4" ALUM CAP IN RANGE BOX "COLO DEPT OF TRANSPORTATION T5S R68W 1/4 S9jS 10 1996 PLS NO 23516" T5S R68W C 1/4 SEC 9 1997 PLS NO 10734" N 90•00· oo· E 2639.46' NOTE: 1. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVE Y. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . CITY OF ENGLEWOOD DRAWN B'Y JRT CHECKED BY JRZ SCALE OATt: 1"=20' 2/06/02 ZY\.STRA BAKER SURVEYlNG, INC. 1510 W. TUFTS AVF.. ENGl.EWOOO CO 8011 JOB NO . MM1-1207\LJCENSE4 .DWG A LICENSE AGREEMENT FOR A 70.00 FOOT WIDE BRIDGE /CU LVERT EASEMENT SITUATED IN THE NORTHEAST QUARTER SECTION 9 , T 5 S, R 68W, 6TH P .M., CITY OF ENGLEWOOD , COUNTY OF ARAPAHOE, STATE OF COLORADO . SHEET 2 OF 2 ) ,_ ·' LOT 1 BELL ISLE COMMONS SUBDIVISION . CONTAINS 17,228 SQ . FT: OR 0 .369 ACRES MORE OR LESS N s9•31' 34" W 78.22' LOT 2 CONTAINS 8402 SQ . FT .. OR 0 . 193 ACRES MORE OR LESS BELL ISLE .. COMMONS SUBDIVJSiON I I I . ,. · .. · t--~:.;,;.---=._ QUIT CLAIMED TO JAMES jr ~ i ~f '. ~ ~~;~ 2~~·•-CE ;-------N::--::8-:9-::.3-:-:-1-;-, 3=-4:-:-:,,:--_ -ur='"· -;,--::1:-4:-:5=-.-::4:-::9:...,-----=2:,....,.----l~ WESrrRLY LJN.E OF .hl( CllY DITCH " ,,......~""'-""":~· . AS -ESTABLISHED 8Y ,A .CERTIFICATE . : ~r · OF" SURVEY ANO .LEGAL'. DESCRIPTION ~ ·: ~;.• BY PA!JL f'. KllPAUl\I, PROtESSIONAL \,...;. > ~'l LAND SUfM:YOR,. Pts ·~.: :1'4-104. ~ '. :, :~·<=· _, (APFIARENTLY U/>lRECOROED, .. : :. ·• · OBTAINED: FROt.4 THE CITY C>f· LOT 3 . BELL ISLE COMMONS SUBDIVISION /. /' I ·~\ ;:.1: A DAT.ED MARCH t~.' '197.9 PREPARED ~: '.:·) ENGL£W~O.·.£NGINEERING ~CES} ·g ~· ::j/:· CONTAINS . 84.12 SQ. FT. ' . OR '. 0 . ·1d_3 ACRES . , MORE OR LESS ,·· . SET NO 5 REBAR · · W/' ALUM CAP 'LBS INC LS 1143~" .. •· . ~· ·o .. ~. ,, ·. .. :~.-·~~~ <::> •• <::>. ·,, . . ..... _·.. . . .. CENTERUNE LOCATION 'oF CITY DITCH . WIDTH .VARIES 7•' +/- ...... C'i) .. ~-/ ~----_,_~_,,,_.,.---~~-~~~-~-~·...-i:--...+--:-...;....;,.___.:,..._~..;;.J; . N B.9~ 4~,:·oq' ~._ W }MX ~·1 ::i~~ ~~·-No_ -~· REB'AR • \ \ s 89~~7".oo'' Jf (R)· ~/.ALUM CAP :::gg: ·-f ff J · · <' / N . B~~~po~ :1~3 fRJ . . I . 82. 18' (RJ '"OUTHERLY LINE SHOWN . HEREON WAS ESTABLISHED I I B'Y A CERTIFICATE OF SURVEY .PREPARED BY PAUL . , F. KAPAUN . PROF ESSll"\~•6• ,. '"" ·,., ·~· ·~----- . I T s- w- ... ~~( ·\[' ' A N'F o;. OIRi APf ; DIR E AFPfZ ' CITY CL . STAT E COtll-11 ntS F l! .~ or .. ~