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HomeMy WebLinkAbout2003-05-14 WSB AGENDAWATER& SEWER BOARD AGENDA Wednesday, May 14, 2003 PUBLIC WORKS CONFERENCE ROOM 1. MINUTES OF THE APRIL 8, 2003 MEETING. (ATT . 1) 2. WELL AGREEMENT-1130 E. KENYON AVE. (ATT . 2) 3. CENTENNIAL AGREEMENT FOR TEMPORARY LEASE OF RETURN FLOWS. (ATT. 3) 4. DENVER AREA WATERING RESTRICTIONS . (ATT. 4). 5. GRANT OF STOKJ.vi A l~TI WATER LINE EASEMENTS BETWEEN CITY OF ENGLEWOOD AND THE ENGLEWOOD ENVIRONMENT AL FOUNDATION. (ATT 5) 6. CITY DITCH LICENSE AGREEMENT -4901 S . LIPAN DR.. (ATT. 6) 7. CITY DITCH LICENSE AGREEMENT -BLAKELAND . (ATT . 7) 8. INFORMATION OF COLORADO'S SNOWPACK. (ATT. 8) 9. McLELLAN DEEP WELL REHABILITATION. (ATT . 9) 10. FENCE CROSSING LICENSE AGR.-3594 S. BANNOCK ST. (ATT . 10). 11. CONSTRUCTION AND WATER DRAINAGE EASEMENT FOR HIGHLJNE CANAL BIKE TRAIL AT COUNTY LINE RD . (ATT. 11) 12. OTHER. WATER AND SEWER BOARD MINUTES April 8, 2003 .AT To J The meeting was called to order at 5:04 p.m . Members present: Members absent: Also present: W olosyn, Clark, Moore, Higday, Cassidy, Otis , Kasson, Bradshaw Habenicht Stewart Fonda, Director of Utilities 1. MINUTES OF THE MARCH 11, 2003 MEETING. The Englewood Water and Sewer Board approved the minutes from the March 11 , 2003 meeting. Mr. Kasson moved : Mr. Wolosyn seconded: Ayes: Nays: Members absent: Motion carried. To approve the Minutes from the March 11, 2003 Englewood Water and Sewer Board Meeting. Wolosyn, Clark, Moore, Higday, Cassidy, Otis, Kasson, Bradshaw None Habenicht 2 . GUEST: DAVID HILL -WATER RIGHTS ATTY. Mr. David Hill of Berg Hill Greenleaf & Ruscitti appeared before the Board to review Aurora 's claim that approximately 4,000 acre feet of its diversions on the Last Chance ditch rights create water that Aurora can re-use to extinction. Aurora's position enables Aurora to take more water at Strontia, which shorts the water rights , which divert below Englewood and causes calls against Englewood's water. Hill also discussed the history of Englewood's water rights . 3 . POWDERED ACTIVATED CARBON (PAC) SYSTEM AND AMMONIA STORAGE TANK. Seasonal algae events in the Allen Water Treatment Plant's raw water supplies lead to complaints of musty tastes and odors from Englewood customers. The City has been renting PAC equipment, housed within a trailer, for the past year and has had positive results using carbon which removes organic material that causes taste and odor problems. Recognizing the long-term benefit of a permanent system and to eliminate the rental cost of $4 ,000 /month, the C ity has decided to build a permanent PAC facility at the Union A venue Pump Station . The recommended purchase is for constructing a new masonry bui lding to contain chemical storage and feed facilities for the powdered activated carbon including chemical storage handling and feed equipment, piping, spill containment, metering, electrical, controls and instrumentation . This includes installation of the previously purchased PAC feed equipment. Also part of this bid is the purchase and installation of a 2 ,500-gallon aqua ammonia storage tank and supports with piping modifications in an existing room at the Allen Water Treatment Plant. Due to time constraints , it was decided to request bids from five reputable contractors recommended by the project engineer, Carrollo Engineering. Quotes were received on April 23 , 2003 from five contractors. Three bids were rece ived. Glacier Construction Co. Jennison Construction Co . Staner Construction, Inc. $542,350.00 $619,952.00 $788,000.00 Carollo Engineers evaluated the fi ve contractor 's proposals and determined that Glacier Construction Company best met the City's specifications. The engineer's estimate was $500 ,000 . $100 ,000 was budgeted for the ammonia storage tank building and $150,000 for the PAC building. Funds are available for the remaining amount. The Board agreed that if the final bid was under $500,000 to automatically forward to City Council for approval , and if over $500 ,000.00 to require a phone vote. Mr. Otis recommended; Ms. Wolosyn seconded: Ayes: Nays: Members absent: Motion carried. Recommending Council approval of awarding the bid to Glacier Construction Co. in the amount of $542,350.00 for the construction of the powdered activated carbon system building and an ammonia storage tank. Wolosyn, Clark, Moore, Higday, Cassidy, Otis, Kasson, Bradshaw None Habenicht 4. LICENSE AGREEMENT FOR BROWN DITCH ON WATSON LANE. Heartstone Homes submitted a License Agreement to maintain the City's easement along the Brown Ditch, which is an open drainage way. An adjacent development was built, and pipes were constructed for crossing the Brown Ditch at approximately 5600 Watson Lane. Watson Lane is located one block west of Federal, south of Bowles and north of Columbine Country Club in the City of Littleton. Englewood will maintain their easement and the right to install, repair, remove or relocate the Brown Ditch at any time deemed necessary. The License Agreement will allow Heartstone Homes to fill in the existing ditch for improved appearance and to minimize maintenance and safety concerns . The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the Licensee performing any work in connection with the use of the easement by the Licensee . The City reserves the right to make full use of the property necessary in the operation of the Brown Ditch. Ms. Bradshaw moved; Mr. Higday seconded: To recommend Council approval of the City Ditch license agreement with Heartstone Homes for maintaining the City's easement along the Brown Ditch at 5600 Watson Lane. Ayes: Nays: Members absent: Motion carried. Wolosyn, Clark, Moore, Higday, Cassidy, Otis, Kasson , Bradshaw None Habenicht 5. KENT VILLAGE LETTER OF MARCH 11 , 2003 . The Board received a copy of a letter from the Kent Village Association discussing resident complains about Englewood's water resulting in unpleasant taste , particles in the water and a stain residue that is left on windows when cleaned. Stu discussed the follow- up investigation and that some o f the complaints are due to hard water resulting from the current drought conditions . Utilities staff will explore flushing the main lines in the area. The Board also received a copy of John Bock's response dated March 31 , 2003 . 6 . SECURITY ADVISORY. The Board received a Security Advisory from the State of Colorado ad v ising that on March 23 a tractor-trailer and its load of 2 1,000 pounds of Gramoxone, a toxic liquid herbicide, was stolen from Mississaugh , Canada. While there is no known evidence o f the motives of those that hav e stolen this supply of chemicals , it is important that water utilities be aware that this theft has occurred. 7 . WATER METER PURCHASE . The Utilities Department is converting the metering system to the ITRON Automatic Meter Reading System. All meters and registers will be will be compatible with the ITRON System . About $15 ,00 0 worth of these 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 funct ioning meters or convert meters to the ITRON system as part of the water meter maintenance program. There is money budgeted for these items in the 2002 budget. Mountain States Pipe & Supply was the low bidder in the amount of $70 ,455 .38 for the ERT meters and Dana Kepner as the low bidder in the amount of $6,237.65 for the regular %" yokes , valves and fittings. Mr. Kasson moved; Ms. Wolosyn: Ayes: Nays: Members absent: Motion carried. 8. WATER TASTE TEST. To recommend Council approval of the 2003 water meter purchase to Mountain States Pipe for $70,455.38 and Dana Kepner for $6,237.65 for yokes and valves. Wolosyn, Clark, Moore, Higday, Cassidy, Otis, Kasson, Bradshaw None Habenicht Five samples were taken from various areas around town -Bi-City Wastewater Treatment Plant, 3416 S. Race S t., the Civic Center, 3405 S. Race St. and the Kent Village Club House. The Board sampled water from the various jugs anonymously. The consensus was that the water from 3405 S. Race and Kent Village had a metallic taste . Stu noted that , as discussed above , steps were being to investigate the cause. The meeting adjourned at 6:20 p .m . The next Water and Sewer Board meeting will be Tuesday, May 14, 2003 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary A T!., 2 "'iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii-iiliiiiiiifiiiin! .. WELL AGREEMENT City of EnglewQC>d Utilities Department IN CONSIDERATION of the mutual ·promises, performsrJoea , covenants and payments hereinafter set~ i t is.mutually :agn!t ~d t s and between the CITY OF ENGLEWOOD, COLORADO , a municipal con>o , hereinafter TC~rred to as the cCity9, and ' · ·er referred to as Owncr-(s): SUPP.:. a_~ conditio . 2. CITY OF ENGLEWOO , Approved by the Water and ------------- Secretary of the Water anrl Sewer Board Utilities Director I . I : Date May 19 , 2003 INITIATED BY Utilities Department A''~ 3 COUNCIL COMMUNICATION Agenda Item Subject Centennial Agreeme nt for Temporary Lease of Return Flows STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed the original Centennial Agreement for Temporary Lease of Return Flows on July 1, 2002 . This agreement is a renewal agreement. RECOMMENDED ACTION The Englewood Water and Sewer Board , at their May 13, 2003 meet ing , recommended Council approval of the Agreement for Temporary Lease and/or Re-Diversion of Reusable Return Flows of Water Agreement with Centennial Water and Sanitation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood injects granular activated carbon to improve water quality into a forebay near Union Ave. and S . Platte River, but the process creates blackened water that canno t be directly introduced into City Ditch for exchanging. Clear water can be exchanged up City Ditch but must be pumped into the ditch from a forebay adjacent to the Allen Plant. Englewood has no pump or pipe for pumping this forebay, but Centennial is agree i ng to provide and install the pump and pipe at Centennial's sole expense . Centennial owns reusable wastewater return flows to the S. Platte River and Englewood has means to re-divert these flows at Union Avenue and either use them or redeliver to Centennial. The proposed agreement would divert the return flows and pay Centennial $85.00 an acre-foot for the flows, plus pumping costs. Centennial would acquire all return flows delivered to Mclellan Reservoir that are not acquired by Eng lewood and shall pay Englewood $30/acre foot, plus pumping costs . FINANCIAL IMPACT Englewood will pay Centennial $85 per acre foot for all return flows in acquires from Centennial and Centennial shall pay Englewood $30 per acre foot for return flows acquired by Centennial from Mclellan Reservoir. LIST OF ATTACHMENTS Bill for Ordinance AGREKMENT FOR TElYIPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER 1. Introduction: Parties and Purposes . Centennial Water and Sanitation District (Centennial) owns reusable return flows to the South Platte River which consist of Centennial' s reusable water discharged by Centennial' s Marcy Gulch wastewater treatment plant (the return flows). The City of Englewood (Englewood) has a means to re-divert the return flows at Union A venue, and either retain them for use by Englewood or redeliver same to Centennial. The parties intend that Englewood shall attempt to divert the return flows , under the circumstances set forth below. and pay Centennial for the return flows if same are retained by Englewood: and that Centennial will pay Englewood for re-directing the return flows, if same are redelivered to Centennial. It is anticipated that Englewood will attempt to divert the return flows at its Union A venue pump station, and either use same immediately in its Allen Treatment Plant, or exchange same up City Ditch to Mclellan reservoir, in Englewood's discretion. Therefore, the parties have agreed as follows. 2. Centennial to Give Notice of Availabilitv: Englewood Response. Centennial will advise Englewood. on a daily basis, of the amount of available return flows at Englewood 's Union A venue pump station. Englewood will advise Centennial, on a daily basis. of available return flows Englewood will not be diverting. 3. Englewood to Attempt to Di vert. Englewood will make reasonable efforts to lawfully divert the return flows at its Union A venue pump station. Englewood s hall have no obligation to divert: a) if di version would impair the necessary quality of water introduced into Englewood 's water treatment plant or introduced into City Ditch for exchange. as determined i n Englewood 's sole di scretion; b) except to the extent that Englewood determines to use the return flows immediately in its Allen Treatment Plant, plus the exchange capacity in City Ditch: c) to the extent that the capacity in Englewood's pumping system after supplying Englewood 's demand is Jess than all of the available return flows . Englewood shall have no obligation to use the return flows immediately in its Allen Treatment Plant. While Englewood shall make reasonable efforts to divert the return flows, the parties recognize that various factors may make diversion impractical, and Englewood shall have no liability to Centen nial for failure to divert. Englewood will account for return flows diverted at its Union Avenue pump station. 4. Englewood to Exchange Up Cit v Ditch. Englewood will make reasonable efforts to exchange the diverted return flows up City Ditch and into Mclellan Reservoir, via the pump station from City Ditch to Mclellan Reservo ir. 5. Englewood's Option to Acquire Return Flows Delivered to McLellan Reservoir. Englewood will account for the return flows delivered by exchange to McLellan Reservoir. Englewood will have the option to acquire the return flows delivered to McLellan Reservoir (and Englewood will acquire any return flows used immediately in Englewood's Allen Treatment Plant). Within four days after the end of each week (ending Saturday at midnight) Englewood will notify Centennial if it wishes to acquire all of the return flows delivered to McLellan during that week. Englewood will pay Centennial $85 per acre foot for all of the return flows which it acquires, and pay the pumping costs associated with those return flows. Return flows so acquired by Englewood shall be treated as Englewood's water for all purposes, and may be used by Englewood or delivered to Centennial under any agreement between Englewood and Centennial.. Return flows delivered to McLellan as to which Englewood does not give such notice shall belong to Centennial. 6. Centennial's Pavment for Return Flows Acquired bv Centennial. Centennial shall acquire all return flows delivered to Mclellan Reservoir that are not acquired by Englewood. Centennial shall pay Englewood $30 per acre foot of return flows acquired by Centennial , plus all pumping costs associated with delivery of those return flows to Mclellan Reservoir. 7 . Temporarv Pumping F acilities from the Forebav Reservoir Next to the Allen Treatment Plant. Englewood currently injects granular activated carbon (GAC) into the forebay adjacent to the South Platte River, from which Englewood's Union Avenue pumping station pumps water to the Allen Treatment Plant facilities. (The GAC is injected because of the current severe quality problems in the South Platte River.) The water containing the GAC is blackened in color and therefore cannot be directly introduced into City Ditch for exchange purposes. Therefore , a substitute supply of clear water to be exchanged up City Ditch must be pumped into City D itch from a forebay reservoir adjacent to the Allen Treatment Plant (not to be confused with the forebay at the river). (Pumping of this substitute supply will be unnecessary if the GAC injection at the river forebay should cease.) Englewood has no pump and pipe to accomplish the pumping of this substitute supply from the forebay reservoir . Centennial will provide and install such a pump and pipe, and hook it up to a power source , at Centennial's sole expense. Englewood and Centennial will cooperate in determining the location, nature and installation of the pump and pipe. At the end of this agreement, Centennial will remove the pump, pipe and power hookup at Centenn ial's sole expense, unless the parties otherwise agree. Centennial will restore any excavation or alteration of the forebay and surrounding areas, at Centennial's sole expense. 8 . Pumping Costs. Englewood will reasonably determine pumping costs , which are to include power, other operation costs , and maintenance. 9. Termination. Either Englewood or Centennial may terminate this agreement after 5 days written notice to the other party. If not so terminated, this agreement will terminate at the soonerof0ctober31, 2003, or the cessation of flows in City Ditch below the Allen Treatment Plant, whichever sooner occurs, unless the parties otherwise agree. 10. Payment. Englewood will account for deliveries. Englewood will pay Centennial for return flows acquired by Englewood within 30 days after the end of the month during which particular deliveries were made to Englewood. Centennial will pay Englewood within 30 days after the end of the month during which particular deliveries were made to Centennial. 11. State Engineer. Centennial will be responsible for any necessary notice to the State Engineer's office, assuring the State Engineer's office that its return flows are indeed reusable and divertible by Englewood, and reporting to the State Engineer 's office , in cooperation with Englewood, 12 . Date. This agreement is dated as of the ____ day of _______ , 2003. CITY OF ENGLEWOOD By __________ -------- CENTENNIAL WATER AND SANITATION DISTRICT 3 A T ~ I HE UENVER !:'OST vveanesa ay' April l b , <:'.UUJ Watering restrictions to be simpler WATERING FROM PAGE 18 winter. Denver is expected to make its twice-a-week plan offi- cial today. setting spring policy for a million customers and hundreds of thousands more whose cities plan to copy Denver. Twice-a-week restrictions have already been set in Aurora . :·forth- glenn . Thornton. Fort Collins and Colorado Springs . Jmong others . Highlands Ranch joined the two-day club this spring . . \ll of the !ocal boards are tak- ing grief from homeowners who re- member how many inches of snow fell in the :\1arch blizzard but not bow low their reservotrs fell last fall. ·we have a drought. but what we really have is a reservoir prob- lem." said Denver Water board member Denise :\1aes . Reservoir levels "are not 1nvwhere near what they were · before the drought." Colorado cities !argelv carried through on their pledge to cooper- ate on restrictions . most of them designing two-da y-a-week plans that give homeowner s set da ys to water depending on their address- es. :\1any have scra pped the long- time circle-diamond-square ap- pr oach. not only because it allowed watering every third day . but be- cause cities started them on differ- ent days. and homeowners seemed confused. Two dav s a week otill offers wide latitude . though. Colorado Springs will allow up to three hour s oi wat er ing on each oi tho se two day s. a rel a ti ve flood com- pared to parched Aurora 's cap of one hour on each of the two days . Denver will fall somewhere in be- tween , JS board members still con- sider whether to allow eight or 10 zones of watering at 15 minutes for each zone. The two-dav standard seems rea- so nable for manv cities . said Bart :\1iller of the Land and Water Fu nd of the Rockies . It should Jllow res- ervoirs to start refilling while send- ing the message to homeowners that last vear·s conservation ef- forts made. a aifference . ·Reservoir storage is what pro- viders have to look at . not ·.vhat the rainfall was last week . Thev have to err on the side oi caution :· ---= .:.::.,·. -:' -: :,.; <art Gehrmg We stmin ster home owne r Davi d Binkow ski waters snruos "7"uesday. He has de layed ;iu1t i ng in grass bec aus e of th e droug ht. Wes t min ster offic ial s d,e c 1ded Tuesday t o allow outside watering tw ice a week. beg inning i mme d iat ely. Th e ci ty previou s ly ha d an outright ban on waterir.g. Miller said. :Vfore revolut ionary , perhaps. is the increased talk among water di stric ts of changing their rate struc tur es to further encourage con se rvation. :'vfiller said . Some ha ve moved to per -g allon fees tha t increase as use exceeds certain thre sholds . Others are considering a complex for1TJula begun in South - ern Ca lifornia . auditing individual winter use at each home and shap- ing summer fees based on how much more is used outdoors . Here 's how the spring watering schedules are ;baping up in Colo- radu ·s larg..,st cities . All the dis- tricts say rules may change de- pending on spring rains. early sum- mer heat a nd public demand. • Denver : The state's largest water provider has all but fina l- ized the two-day-a-week limit. with a new schedule of drought sur- charges in place to discourage high use. Board members today will de- bate details of the pla n re gardin g new lawn s and· soct 'n res ounse ,) :andsc a pers who >ay ;ds l ::e a r -.; >an rumed r.he 1r busine s3 • Co lorad o Spring s: Twi ce J week. up to thr ee ~ou r s eJ ch ·IJ1-. ~ut onl y tn the ev e n m~ 1nu ive r- night. • Fon Collins : \ort~e rn Co lo - rado 's biggest ci ty will stici\ with the twice-a-week sch edu le :t set- tled on last vea r. • .\urora: Stu ng bv rese r•:o ir levels at onl y 27 oe rce ri t of ca pac 1- t.y, . .\urora will stam'. bv tight ~egu­ lations <Ji two da1·s 1 wee k rn d onl y an hour eac h dav . The ·c 1t\" has lif ted some bJ ns nn :arn en planting. though . 11lowm _g :!o wers and veget a bl es wh il P :m il hamng new trees and _;hru os . • Bou lder : l t Jlso will ,ta 1· .J n the twice-a-week ;ch e<l ule 1moie- mented last sum mer: :t will re 1:1slt those rule s a t the end oi .\pn i. • . .\rvada : It ils Jmon g the co m- munlltes ·hat ··1·1 !1 io ·.v ha teve r Den\'~; \\'a t t r Joe s . · .)ai d ci tv ;po kesworr.an '.1Jr:a Va nu erkolk -J '.'.k ('t y c•Jfit rn u ,·r: ··r !Js t ..:um- :n er'-; t w 1c~-.:. ··.:.·~·" r ·..:i ~s ~ .-:;\>id e:L :.. n i 1k~ 1t ht·r l'ities . Gmde n 1as .1een il!!nl? ·ts :-esP r - 1:0 1rs -iunng :ht 1.••1u :e r ·r a h wa te r !'r om ·!~e Her.uPr :rnn )linP. Uold- en ·s :S.IJOO ~e >JdPnt S xobuol1· ·.v1il ~P un ··0i ur.r 3n · re;;tr1 cc10 ns: ;aid Ci t1· \!Jnager .\i ik e bl'Stor • .\lian1s ~-:-r ,ur:t\· c ll ~t_·s: Wt!s l- :n1ns1 t.lf. Thornwn J nd .'iorthgle nn ',\1il . .:i i h ion t ·wo ·i a\·~ .1 w ee~ JS ·h e:~ ~a m~·"· ,,, :ic :JI~ ·a id. '.V~st­ :nrns rc·; ~n d T;11)r:n u11 .;cr :.wued :~eir ~hapt~·u J S('!J --~·s t~nL '.i1a k.rn g -~ :t::-::i ,·0 11n.:s1~~ 1nd -.:mp :-=r :n en- :·o r c'-~ ·[t '1:1 il .T1 .J r::e .t much e:Js ier to r ~eooie . · Thorn ton ,µ11 Keswom - Jn J.Jn Dex ~er-B l um 'dill . • )nuglJs <'u um 1· c:lle>: Ili~h­ '.:rnd s RJ ncn :ias ~o n e ~o ··.v1c l1 J ·:r eek . [·rom ..: scr.e <l ul:..• 1>[ ~hree !imes J '.\'P d : .as t :e<Jr . PJrke r More sto ri es onl ine : Go to www .d enver post.com /drywest for recent stones about water ing controls and the drought and for :inks to online resources . will implement surcharges but :-e- mains on a •:oluntary every-third - dav ;cnedul e. Castle Rock . which geis nearlv all its water fr om non - renew a ble .i qui fers . will stay wnh he even·-t h1rd-dav rule . • _.\rapahoe County cities: En- glewood will continue to draw the env v and ire ui other cities wi th voluntarv guidel ines only . :\1anag- ers there say they encourage peo- ple to iollow Denver"s rules but that adequa te long -term supplie s mean En gl ewood does not ha ve to cut back as much. Elsewhere. Glen- dale . Littleton and other cities buv • wa ter from Denver and will foll o1v Denver rules . • Puebl o: Bolstered by near-nor- ma l snowoack . Pueblo officials de- l'ided Tue sdav on voluntarv re str:c - tions . Puebl oans enjoyed a restr1c- tion-iree summer in !002. consum- ing water 3t historicall y high lev- els . but that ended in August . •vhen iawn wateri ng was prohib ited . • West ern Slooe ci tie s: Sil t. a town that instituted a strict water- ing schedul e Jnd the possibility of hea vv iines and even jail time dur- ing last summer's drought . will !et residents wat er three days a week. Durango has been hit severely by rl rought. ~ut expects good sup- pl y from fl ows in the . .\mmas and Flo rida riv ers. The city is asking re sidents to ,·ol unt a nly water only be tween ti p.m. and 10 a .m. everv mher day. Grand Junction did not have 'Ra- tering restr ictions last summer J nd probably will not ha ve any agam this year . ··It looks like it -.viii be an ade- quate year fo r us.· said Terry Fr anklin . wat er super visor for the citv . Grand J un c ~ion draws its drink- ing ·.vat er fro m ;tor age on Grand 'llesa. wher e ;upp li es have re- ma med adequate throughout the drough t. Dem·er Post staff IVriters Joe y Bunch. Chris Frates . J. Sebastian Simsi . Karen Rouse. Marcos .\1ocine-:HcQu een .. Yanc _v Lofho/m . Co ieman Cornelius Jnd Cate Ter- iv1/J i ger concnbuted ro this repon. Date May 19, 2003 COUNCIL COMMUNICATION Agenda Item Subject Storm Sewer and Water Line Easements for Englewood Environmental Federation INITIATED BY Utilities Department STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 14, 2003 meeting, recommend Council approval by Ordinance of the storm sewer easement and the water line easement to the Englewood Environmental Federalt ion. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Property located at W. Girard Avenue and Englewood Parkway is currently owned by the Englewood Environmental Foundation, Inc. (EEF). The EEF is selling the property to an investment group for construction of a medical building, and are satisfying the title company's requirements to grant easements to the City of Englewood for a storm sewer and water line. Not all public utilities and ditches are in recorded easements or rights-of-way. In some sections, they are not in recorded rights-of-way, but in an easement by prescription. As opportunities arise, the Utilities Department is attempting to acquire easements. Easements by prescription allow the City to maintain the ditch and utilities as-is, where-is with no improvements . Formal easements allow the City to make improvements as necessary. Englewood's City Attorney has reviewed the easements. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Grant of Storm Sewer Easement Grant of Water Line Easement After recording return to: H. Michael Miller. Esq. Berenbaum Weinshienk & Eason. P .C. 370 17'" Street. -!.8'11 Floor Denver, CO 80202 GRANT OF STORM SEWER EASE~lE~T THIS GRANT of ;l s torm sewer easement (t he '"Gram··) is made this 28th day of .-\pril. 2003 , by THE E~GLEWOOD E>IVIRONME~T . ..\L FOL~TIA TION. INC .. a Colorado nonprofit corporation. whose :.iddress is lOOO Englewood Par kw a y, Englewood. Colorado 80110 ('"Grantor''), in favor of the CITY OF E>IGLEWOOD. COLOR.-\DO. a Home Rule C ity existing under and ch e laws of [he St:l[e of Color:.ido whose ;.iddre ss is lO OO Englewood P:.irk w:.iy. Englew ood. Colorado SO 110 l .. Grantee .. ). T he parties coven:.i.nt J.nd J.gree :.i.s foilO\\S: 1. E:.isement Prnoe:w. The .. E:.i sement Prope11y .. sh:.ill me:in che C\VO (2) r'ir'teen ( 1.5) fooc wide strips or' re:ii property loc:i ted in che County of .-\rapahoe. Scace of Colorado. more pa11icul:.trly described on Exhibit . ..\. cons isting of cwo (2 ) pages. and dep icted on Exhibit B. consisting of one (1 ) page. both o r' 1.vhich Exhi bits ;.ire attached hereto ;.md inc orpo rated herein by this reference . ' Considerat io n .. -\s consider:.ition for this Grant. Grantee h:.is paid Granror the sum of One Dollar (.S l.00 ) :i nd o ther good :md v:i lu:.i.ble consider:.ition, the receipt of which are hereby acknowledged. 3 . Grant of Storm Se\ver EJsement. Grantor hereby grants and quit claims to Grantee. its successors and :issigns. a perpetual. nonexclusive easement (the .. Storm Sewer Easement '') over, under. Jcross :.ind thro ugh th e E;.isement Property for the purpose of constructing. operating. mainw.ining. rep airing. replacing, removing and enlarging the Storm Sewer System (a s such ter:7ls are heremafter defined). The term "'Storm Sewer System .. as used in this Grant shall me:in the storm sewer lines :ind :ill necessarv under~round :md su rface . - appunenances thereto r:ecessary or desirable fo r the transmission of sto rm water and other water and sewer run-off. including. but not limited to mains. conduits. vaults. ventilators. electric or other control systems. cabl es. wires and connections. -l - 4. Access. Grantee shall have the perpetual. nonexclusive right of ingress and egress in . to. over. through and across the Easement Propert y for :my purpose necessary or desirable for the full use and enjoyment of the rights granted to Grantee under this Grant. 5. Restoration. Subject to the restrictions set forth in Paragraph 6 below, Grantee agrees that in the event the Grantee. in exercising its rights under this Grant removes. damages or destroys :my of the Easement Property, Grantee at its expense shall restore the s urface of the E:.isement Property as nearly as re:.isonably possible to the grade and condition it was immediately prior to the entry by Grantee. except i.lS may be necessary to accommodate the Storm Sewer System. Grantee further agrees in the event of such entry , subject to the restrictions set forth in Paragraph 6 below, to restore and repair any improv ements of Grantor on the Easement Prop erty which are damaged by Grantee. 6 . No fmorovements. Grantor covenants and agrees not to construct, erect. place or plan any ··Impro vements" as hereinafter der.ined. on the Easement Property without obta ining the prior written consent of Grantee ... fmprovements·· as used herein shall me:.in an y structure. bui ldi ng. planting. trees or s hrubbery other th ~m J law n. bu t sha ll not inc lude pavement. curb. gutter Jn d whee l scops used fo r .:;urface parking: Grant or is e.'<p re ssly aut ho rized to pa ve ove r the E:.isement Propert y and install curb. gutter. i.l nd \v hee! .:>tops in co nnecti on with the use o f Gr:mtor" s property for surface parking. Grantee shall n;,i'e the right co remov e. wit hou t ;,iny liability to Grantor. an y Impro vements co nstruc:ed. ere::~ed. ?laced or planted on th e E:.tsement Propert y wi thout Grantee h;,i vi ng obtained the pnor wrine n co nsent of Grantor. 7. Sublacent :.i nd L~n erJJ Suoo ort. Granror .:ovenants and :igrees that the Gr:inree sh;ill h:.t\ e che right of sub j;,icent :.md lateral support on '.he Ea sement Property to whatever extent is necessary or desirable fo r he full. co mple~e and undisturbed use and enjoyment of the rights granted co Grantee under this Gr:.mt. S. Ri<::ht s of Grantor . Gr antor rese::-,es th e :·ul l righ t w the un disturbed ownership . use ;ind occ upanc y of the Easement Propert y. inc ludi ng :he 1ight to pave ;,ind use the E;,isemem Propert y fo r surr":.ice parking , and instal l curb. gutter :.m d whee l stops in connection therew ith. ins ofar as :;aid ow ner sh ip. use. :mJ occupan cy is con sisten t wi th :.ind does not imp;iir the rights granted to Grantee in this Grant. 9. Cov enant Runnin£ with the L:md: Bind inQ'. E ffe ct. This Grant shall ex.tend to and be binding upon the heirs. personal representari ves. su ccesso rs and assigns of the respective panies hereto. The terms. cov enJntS. agreements ilnd ..:onditions in thi s Grant shall be constru ed as covenants running with the land. ., above. IN WITNESS WHEREOF, the parties have execured this Grant as of the date first wrinen GRANTOR: THE ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC, a Colorado nonprofit corporation GRANTEE : CITY OF E~GLEWOOD , COLOR.A.DO a Home Ru le Ci? Bv fjlv GAA -3 - J~B o c k . Manager of .-\drninisrrarion Eng lev.:o od Utilities Department STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss: ) The foregoing instrument was acknowledged before me this 2gm day of April, 2003, by Rick Kahm, as President of Th e Englewood Environmental Foundation, Inc., a Colorado nonprofit corporation. Wimess my hand and official seal. My corn.mission expires:_--rlf-----..-:__J."'-'j"'----,=·J_7 _____________ _ ST:-\. TE OF COLORADO COUNTY OF . .\RAPAHOE ) ss : ) 1' I ';I I .. I,' A ) .-f ,l ,.·K.:· The foregoing instrument was acknowledged before me this 28th day of April, 2003 , by John Bock as yfanager of Adm inistration. Englewood u tilities Deparnnent of the City of Englewood, Colorado a Home Rule Ciry . Wimess my hand :ind official seal. My commission expires : ___ !/-_--'-,.;,__;".)"--,··_. -=='J'---1'---------------- -4 - ) 15 FOOT WIDE STOR.'\11 SEWER EASE:VIENTS LEGAL DESCRIPTION PARCEL A: A P.-.\RCEL OF LA..i'ID srn:ATED IN THE SOCTHWEST ONE-QCARTER OF SECTION 34, TO~SHIP-+ SOUTH , R...\.i.'\fGE 68 WEST OF THE SIXTH PRINCIP ,.\l MERIDL'\N, CITY OF ENGLEWOOD, COUNTY OF .. -.\RAPAHOE. STATE OF COLOR.-illO, MORE PARTIClJL-\RL Y DESCRIBED A.S FOLLOWS: CO!\ilvlENCING AT THE :'JORTHEAST COR..~cR OF LO T 1, BLOCK 2, CITY HA.LL Sl~Df\I ISION; THE)ICE )J"89°50'22"W A.LONG :'JORTHERL Y LINE OF S~.ID LOT 1. A DfSTA.>iCE OF 30.97 FEET TO THE POrNT OF BEGI0i"NNG; THE>ICE S..+7 °33'06 .. E. A. DfST.-\)ICE OF 36.59 F=ET ~O _-\ POG\iT OF CCR V_-\Tl:"R.E: THE)[CE 15.17 FEET ALO~G THE .-.\RC OF _-\ Cl:R\""E TO TH E RIGHT H .. -.\VING A R.W rr:s OF -+5.00 FEET ,.-\ CE:\iTR..\L .-\..'\JGLE OF i9C :J.-19 " .. -\..~TI WHO SE CEORD BE.-.\RS S33 °5-l'.+O .. W .--\. DfST .-\.."iCE OF 15. ~ -FEET: TEE>ICE >i-+7~33 ·o6"W, A DfST.-\>IC E OF 55 .33 ?EE'. TO . ..\ ?OfNT ON SA.ID >IORTHERL Y LINt OF LOT l; TEE);CE S8 9°50'2 2"E . ..\LO'.'iG SAID >iORTHE::L Y L~E .. -\ DfST.-\:\iCE OF 22.29 FEET TO THE POINT OF BEGG~~-G. P_-\..~CEL A CONT.-\NS 696 SQL.\.RE FEET (O .O: . .\C~S ) \i[ORE OR LESS. P.-\.RCEL 8 : A P . .\.RCEL OF L.:\..."\iTI SITl-_-\ TED N THE SOCTH\VEST Ol'ic-QL-.\RTER OF SECTION 34. TO\V>iSHIP-+ SOCTH, R.-\...'\iGE 68 WEST OF THE SL"XTH PRINCIPAL MERIDL-\.N, CITY OF E:\iGLEWOOD , COlJNTY OF A.R..-.\PA.HOE, STATE OF COLOR..-illO. \ifORE P.-.\RTICCL-.\RL Y DESCRIBED . ..\S FOLLO\VS: COMYfENCING .-\ T THE >iORTHE .. -\ST COR..~c:<. OF LOT 1, BLOCK 2, CITY H .. ..\LL SUBDf'lISION: THE~CE >rB 9°50'2 2"W .-UONG NORTHERLY LINE OF SAID LOT l . .\ DfST . .\.NCE OF 65.16 FEET TO THE POG>IT OF BEGful'&G; THE>iCE S 1 S:'5 l '26''W , A D fST .. -\.. '-iCE OF 59.59 FEET TO A POINT ON THE NORTHERLY RlGHT-OF-W.--\ Y LINE OF ENGLE\VOOD PA.RKW.-\ Y; THE:-.ICE NS9°50'22"W ALONG SAID :-.IORTHERL Y RJGHT-OF-W.-\ Y L.!Nt, A DfSTXNCE OF 15 .58 FEET: THE:-.ICE :--n5=51 '26"E. A DfST.-\NCE OF 59 .59 FEET TO..\ POINT ON THE ~ORTHERL Y LINt OF SAID LOT l; THE:'-iCE SS9°50'22"E ALONG SAID >iORHTER.I.. Y LINE OF LOT l, A DfST.~"ICE OF 15.58 FEET TO THE POfNT OF BEGJ)iNING : P.-.\RCEL B CONTAINS 394 SQCA.RE FEET (0.02 . .\CR.ES ) \ifORE OR LESS . THE BASIS OF BEARINGS IS THE NORTH LINE OF SAID LOT 1, BLOCK 2, CITY HALL SUBDIVISION, BEING N89°50'22"W . THE NW CORNER OF LOT 1 IS A PIN & CAP PLS #28291, A1'ID THE NE CORNER IS A PIN & CAP LS #28647 . Prepared by: Robert B. Taylor, PLS For and on behalf ofR&R Engineers-Surveyors, Inc. 1190 S. Colorado Blvd., .Aumex Bldg. Denver, CO 80246 ILLUSTRATION FOR PARCEL A & B PAGE 1 OF 1 " .. ,,.....,,..... I t • ::" L. LOT BLOC K 2 CITY HAU .. SUBD IVISION 89 "5 0'22" w ::::.;,~c ::~ A CONTAINS 696 SC.F7. (0 .02 ACRES ) ::-"RC::~ 8 CJNTAINS 894. SO .Fl. (O.:J2 ACRES ) -dS ::::<Hi81T DOE S NOT RE?RESE:\JT A .V1CN LJ ,\.1E:\JTE:J SURVE'(. IT IS INTEND ED ONLY TO DE?ICT TH E ~ ~A C:-iEO DESCR IPT ION. STORM SEWER EASEMENT I SCAL<:. 1"=.30' I. OAfE; , .08 ·'UM8E.~: oa.-22-.J.3 asc,;aoJ. P.0 .C. NE CORNE .~ OT 1 BLOG< 2 W S 89.50'22 " E TY HAL~ S U BO IVI S I C ~ 122.29' P.0 .3. l r:A:SC:: ;2 W \ ---"----- / / / . ./ / ' , . ' / r,; '"'' '="'Nnu'O C.:'J\.;1 __ . v i ;s ..!.~·~~·:c" - 1 3c:.:0 · ' i L ~ .-1 _, = :::J. : ,-. -~..:::. . _, 1.,_.,_-I -· ,· R&R ENGINEERS-SURVEYORS. INC. 1190 SOU TH COLORADO BOULEVARD ANNEX BUILDING DENVE~. COLORADO 80246 PH JOJ-753-6730 FX JOJ-753-6568 RR N :N =-~ . M After recordi ng return to: H. :'vfichael \.'filler. Esq. Berenbaum Weinshienk & Eason. P.C. 370 l 7'h Street. 48 '11 Floor Denver, CO 80202 GR-\NT OF WATER LINE E..\SE.\'IE:\TT THIS GR . ..\NT of a water line easement (the '·Grant'') is made this 28th day of April. 2003. by THE ENGLEWOOD E)IVIRON"?vlENT.-\L FOL>iUATION . INC .. a Colorado nonprofit corporation. \vhose address is 1000 Englewood Parkway. Englewood. Colorado 80110 ("Grantor''), in favor of th e CITY OF E~GLEWOOD . COLOR . ..\DO . a Home Rule C ity ex is ting under and the laws of the State of Colorado whose address is 1000 Englewood P:irk way. Eng lew ood . Colorado 80110 '·"Grantee "). T he panies covemnt :md agree as fol lows: l. Easement Pro oert v. The ··E:.isement Prope 11y .. sh all me:.in the fifteen (15 ) foot wide strip of re:.tl propert y loc:.ited in the County or' . ..\rapah oe. State or' Colorado , more panicularl y described on Exhibit A., co nsisting or' one ( l ) page. and depicted on Exhibit B. consisting of one (1) page. both of which Exhibi ts are attached hereto and incorpor:.ited herein by this reference . ., Conside ration . As co nsideration for this Gr:int. Gr:.tntee has paid Gr:mtor the su m of One Dolla r (51.00 ) :ind other good and valuabic conside:-Jtion. the receipt of which :ire hereby acknowledged. 3. Grant of W;iter Line Easement. Gr:.intor hereby grants and quit claims to Grantee. its successors and assigns. a perpetual. nonexclusi ve e:isemenr (the ·'Water Line Easement ") over. under. across and through the E:.isement Propeny for the purpose of constructing, operating. maintaining , repairing. rep!J.c ing. removing ;ind enlarging [he Lines ;ind . ..\ppurtenances (as such terms ;ire herein:.tfter defined ). The term "L ines and Appurtenances" ;is used in this Grant shall me;.in one or more water pipe lines and :ill necessar;; underground ;ind surface appunenances thereto necessary or desirable for the tr ansmission of water. including. but not limited to mains . conduits. vaults. ventilators. electric or other control systems. cables. wires :ind connections. -1 - 4. Access. Grantee shall have the perpetual. nonexclusive right of ingress and egress in. to. over. through Jnd across the EJsement Property for :my purpose necessary or des irable for the full use and enjoyment of the rights granted to Grantee under this Grant. 5. Restor:ition . Subject to the restrictions set forth in Paragraph 6 below , Grantee agrees that in the event the Grantee. in exercising its rights under this Grant removes, damages or destroys any of the E:isement Property, Grantee at its expense shall restore the surface of the E:isement Property as nearly JS reasonably possible ro the grade and condition it was immediately prior to the entry by Grantee. except as may be necessary to accommodate the Lines an d Appurtenances. Grantee further agrees in the event of such entry, subject to the restrictions set forth in Paragraph 6 below. to restore and repair :my improvements of Grantor on the E::isemenr Property which are damaged by Grantee. 6. No Tmoro vement s . Grantor co venJntS :md Jg rees not to construct. erect. place or plan ~m y ··Impro vements ·' as hereinafter defined. on che E:ise:nent Propert y without obtJining the prior written consent of Grantee . ··Impro vement s .. JS :.is ed ~e:-ein sha ll meJn :.my strucrnre. building. planting. trees or s hrubber y othe r th:.m :.i Ll\\n. but sh :.i ll i1ot inc lude pavement. curbs. gutters :rnd whee l stops. used fo r surf ace parking: GrJn to r :s c'<.pre ss Juthorized to pa ve ov er the Easement Propert y :.ind ins tal l c ur b. gutter. :.md ·x hee ! stops :i1 c onne~tio n with the use o r" Grantor"s propert y for sur fa ce par king . Gr:.mt ee shJ l! :1J ve :he right to re:no ve. without :.in y liJbi iit y to Gr~mt o r. :m y Imp ro\·ement s co nstruc ted. e:-ecteci. ?IJced or pL.mted on the E:.isement Propert y without Grantee hJ vi ng obt aine d the pri or '.vri tten ...:onsent o f Grantor. 7. Subiacent ::ind L:.iter:.il Suop on . Grant or ...:o ve;:ants and agrees that the Grantee shJll have the right of sub j Jcent :.ind lateral supp on on the E:isement Property to whate ver extent is neces sar y or desirable fo r the full. comp lete JnJ un c isturbed use and enjoyment of the rights grante d to Grantee under this Gr :i nt. S. Ri £ht s o f Grant or. Gr:rntor re sen es the r·u ll :-:ght to the undisturbed ownership. use :.ind occup:.lnc y of the EJsement Propert y. inc lud in g the '.l ght to pa\e :.md use the Easement Properr y for surface parking. and install curb . gutter. .m d wheel stops in ...:onnection therewith. ins o r'ar JS said ownership. use. :md occupancy is cons is tent ·.vtt h and does not impair the rights granted to Grantee in this Grant. 9. Covenant RunninQ: with the land: Bindin£ Effect. This Grant shall extend to and be binding upon the heirs. pers on JI repre sentati ves. success ors and assigns of the res pee ti ve parties hereto. The terms. co venants . agreements :ind conditions in this Grant shall be construed as covenants running with the land . ., above. IN WITNESS WHEREOF , the parties have executed this Granr as of the dare first written GRAi'ITOR: THE ENGLEWOOD ENVIRONMENTAL FOUNDATION . INC, a Colorado nonprofit corporation By:CZtd Rick Kahm. President G R.;\i\i"TEE : CITY OF ENGLEWOOD . COLOR.-\DO a Home Ru le C i rv (, f.1 .. ;,. n J By: /irf--~.j ~~ -3 - JOhD;B ock. Manager of Adm inistratio n Engl ewood Uri Ii ties Department STATE OF COLORADO ) ss: COUN'TY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this 28"' day of April, 2003, by Rick Kahm. as Presidem of The Englewood Environmental Foundation, Inc., a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires:_-+-f--...... ~-'1 ...... f_-_,..._-2_1..__ _______________ _ ST.-\ TE OF COLOR.-\DO COL'"NTY OF .-\R.-\P.-\HOE ~· .. ~ /t, vr --.k-1 ,') I I ·,/},() t,.( I/. ,C /1 ) ) ss: ) Notarv Public ., '·j •• The foregoing instrumem was acknowledged before me this 23 ';, day of April, 2003 , by John Bock as Manager of Administration. Englewood litilities Department of the City of Englewood. Colorado :.t Home Rule City. Witness my hand :md official seal. My commission cxpires : __ 4_-._.,J_..._IJ-_·-'r J~1 ________________ _ -4 - 15 FOOT WIDE WATER EASEYIE::'-l'T LEGAL DESCRIPTION A P.-\.RCEL OF L.\,."-ITI SITI.:A.TED IN THE SOUTHWEST ONE-QUARTER OF SECTION 34. TOW01SHIP .+SOUTH, R...\J."\JGE 68 WEST OF THE SIXTH PRJJ.'iCIP.iU .YfERIDlA..t"\I , CITY OF ENGLEWOOD, COCNTY OF . ..\R..\P.A.HOE, STATE OF COLOR.-\DO , MORE PA.RTIC liLA.Rl Y DESCRIBED .-\S FOLLOWS : C0tvl\1ENCING AT THE >TORTHWEST COR..'\JER OF LOT 1, BLOCK 2, CITY HALL SL'BDfVISIO N; THE:>ICE S89°50'22"E .-\LONG THE NORTHERLY Lfr·iE OF SAID LOT 1. .-\ D[ST.-\.i"iCE OF 56 .70 FEET TO THE POINT OF BEGL>iN'fi\iG ; THE>J'CE CONT~TING S89c5 0'22"E. A DfST .-\..'\iCE OF 15.00 FEET; THE>iCE S00°00'52'"E, :\ DfST.-\:-JCE OF 57.37 FEcT TO A. PONT ON THE SOCTHERl Y LINC: OF SAID LOT l. BL OCK 2: THE>iCE >i8 9°50 '22"W . ..\L O;\,'G SAID S OCTH E~,~-~I>iE .. -\ DfST.-\:>ICE OF 9.55 FEET TO.-\ POINT OF CFR V . ..\ TCRE: THE:>iCE 5.-+6 FEET . ..\L ONG THE _.\,.q_( OF.-\ CC-RV ~ TO THE RlGHT H.-\ VI\'G .-\ R..-\D n;s OF .+-:-.oo FEET, .-\ CE>iTR.-\L . ..\:\GL: OF !]6:39 ·:: l " .. ..\.. \i 1) Wl-lOSE CHORD BEA.RS >TS6'=30 '30''\V .. -\ DfST . ..\~--:c;: OF 5 . ..:.6 FEET; THE~CE N00°0 0'52"\V , . ..\ DIS.,...-\..'\iCE OF 57 .0 5 FE:::T TO THE POINT OF BEG~0iTNG. PARCEL CONT . ..\INS 860 SQC.-\RE f'EET (0.02 . ..\CRES ) yfORE OR LESS . THE BASIS OF BE.-\.RlliGS rs THE :\ORTH Lf)ic OF SAID LOT !. BL OCK 2. CITY H . ..\L L SCBDf VI SION, BEGG :\89 °5 i)'22 ''W. THE:\\\. COR..'\jcR OF LOT l IS.-.\ Pf.\i & C..\P PLS ~23:91, .-\.\TI TH E :\E COR..'\iER. rs _-l._ ?f.\i & C..l.P LS =::86-+7. Prepared by: Robert 8 . T:iy lor , PLS For and on behalf of R&x Enginee::-s-Sur.-eyors. Inc . 1190 S. Color:ido Blvd ... -\nnex Bldg. Den ver, CO 802-+6 ---l .. ~~ ·~~--······.~!'' ... ~ .·, q .,. ·• "" : 0 .· ~" -· ~ ·. ':,..., .. , I •"''\,;\, --·'1 J • /"' ' 1i o.:::i/~ l~···"' ... ~ ·u:_;; . ·o~.o, :(i 291 :::0: \ \~ 17• Yo 1~/ ~!. ,,,, .7(..,,./; . ¢· "'\"',.. ·... ..·· ~/ \o:~'l'r" .....• ~-· ·~~··· ILLUSTRATION FOR PARCEL PAGE 1OF 1 I LOT 1 BLOCK 1 GIRARD P~CE --- ( SUBO IV IS 1CN ~;-~ORNE~ / [ LOT 1 BLOC~ 2 / WEST GIRARD AVENUE \ CITY HALL SUBOIVIS iON / S 89 "5 0'22" E \ P.~.6-:---· -~........::1_/~1 :_:_0· . S 39·50·22" E 56 .70" .. } J \ \ \ -....1 ci L r :3: r ·'l 2 ( c ,.. . L~ c ~ c c c- l~ LOT 1 BLOCK 2 CITY HALL. SUBD IVISi ON ~ / c .... ~ . '- ,~ R ___ .1_-,·.00· ,/ ""' ,,-,..,0 ·~1·"'"'" ~=06"J9 '2 1 "-· C3=N86"J 0'3G"W ?_.l ;~ :::'... CONT,.l i1\J S 86 0 SQ Fi. (0 .02 AC~ES ) -:-r.1S :::-<H i6 1T DCES NOT RE?RESC:NT A MCNUME ~JT.=-""' S~.:.~';C:Y . IT IS iNTENDED ONL Y TO OE?!C THE _ _. A ' ! ,.l.(:-!EJ DESCR IPT ION . "'-• <'.L :J U .:.. .:.. W ..... --' -~"'\ -. ....;- ::\j (L ~'NCCD ~AR K 'N,:)..Y WATER LINE EASEMENT I wr / R&R ENGINEERS-SURVEYORS, INC. ~oRRA'."""~;rc· --,., s~c,.:-:~------.--, ___:.____::.._ ____ _j 1 ~ _,, 1190 SOUTH COLORADO BOULEVARD IARW 1 .. __ "?Q' J' 1) ANNEX 8UIL01NG ~O<C~.:..:._-+r~_!_-=.2-!..__~~=:------: OENVC:R. COLORADO 80246 Cl-<EO<C n · I OJ. iO : I ;Q B .•UMBER · ~81 I oa.-22-0 .:: I nc:;u~.:oo.:. I ' ~:~:m PH .30.3-75.3-6730 FX 30.3-75.3-6568 ---' · lf-\-.:.-"\. RR N iN ::-R . r ~ Date May 19 , 2003 INITIATED BY Utilities Department A T7 ~ Co COUNCIL COMMUNICATION Agenda Item Subject License Agreement for 4901 S. Lipan Dr. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 14, 2003 meeting, recommended Council approval of the License Agreement to maintain a portion of the City Ditch at 4901 S. Lipan Dr. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Michael Dryer submitted a License Agreement to cross with an asphalt driveway and maintain the City's easement along the City Ditch, which is enclosed . Mr. Dryer's residence is at 4901 S . Lipan Dr. The proposed asphalt drive would provide access and parking to his garage. Englewood will maintain their easement and the right to install, repair remove or relocate the City Ditch at any time deemed necessary. The License Agreement will allow Mr. Dryer to install and maintain an asphalt surface in the existing ditch easement for improved appearance and to minimize maintenance and safety concerns . The Li censee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connect ion with the cross ing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Ditch. FINANCIAL IMPACT None. LIST OF ATTACHMENTS License Agreement Bill for Ordinance LICENSE AGREEl\'IENT TIIlS LICENSE AGREEMENT. made and entered into as of this day of 20 JU.. by and between the CITY OF ENGLEWOOD. a municipal corporation of Colorado. hereinafter referred to as ·'City", and ~~~~~~~-"-~ herein referred to as "·Licensee". WITNESS ETH: The City without any warranty of its title or interest whatsoever. hereby authorizes Licensee, its successor. assigns. to install a water line over the City's rights-of-way for the City Ditch. described as J. parcel of land siruated in the :"lortheast Quarter of Section 9. Township 5 South. Range 68 West of the Sixth P . .YL County of . .\rapahoe, State of Colorado depicted upon the Exhibit attached hereto and made J. part hereof I. Any construction concemplated or pertonned under this License shall comply with and confonn to standards fonnula red by the Direcrnr of Ct iliries of the Ciry :md such construction shall be perfonned ind compie~ed 1ccording to the pians 3.pproved by the City . 2. The Licensee shall notify the City"s Director of Ctilities at least three (3) days prior to the time of commencement of th e co n::.Ln.lction ot: or ::my repairs made m. Licensee· s water line so that the City may. in its discretion. inspect such operations. 3. Within thirty (30) da ys from the dare of the commencem ent of consrruction of said water line. the Licensee shall complete such consrrucrion. place and maintain permanenL visible markers. of J. typ e :md J.t such lo c:uions J.S designated by the City. s Director of Utilities. referring to the centerline of the installation :md shal l dear the crossing area of J.11 construction debris and restore the area to its previous condition as near J.S may be reasonable. In the event the placing of the centerline markers ::md the clearing and restoration of the crossing area is not completed v.ithin the time specified., the City may complete the work at the sole expense of the lice nsee . 4. The: City shall have the right to maintain. install, repair. remove or relocate the City Ditch or anv other of its facilities or installations within the Cirv 's ri!ilits-of-wav. at anv time .. J -J .. and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all c::asemeots and installations. 5. 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. 6. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded. and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 7. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful. usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of stonn waters, or of surface waters in the City Ditch. 8. All trenches or holes within the Ciry·s righrs-0f-way shall be backnlled ::md tamped co the original ground line in layers nor to exceed six ( 6) inches loose m.e:lSUfe co J. compaction of ninety percent ( 90%) Smnd.ard Proctor \ibximurn Densiry. 9. Licensee shall indemnify and save harmless the Cry. irs officers and employees. against any and all claims. damages. actions or causes of action :.ind expenses to which it or :hey may be subjected by reason of said water tine being within and across and under the premises of the City or by reason of J.ny work Jone or by omission made by Licensee. its agenrs or employees. in connection v.ith die construction. replacement. maintenance or repair of said installation. Licensee. for :i. period of one ( l ) year beginning on ______ . :20 . warrants to rhi:! Ciry mat che water line will be free from detec:s in materials Jnd will be free from defects in the installation of the water line into the City Ditch right-of-way . 10. It is expressly agreed that in case ofLicensee·s breach ofony of die within promises. the City rnay. :it its option. have specific performance thereo[ or sue for damages resulting from such breach. 11. Upon abandonment of any right or privilege herein granted. die right of Licensee to that extent shall terminate. but its obligation to indemnify and save harmless the City. its officers and \!mployees. shall not terminate in my \!Vent. 2 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. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. AITEST: CITY OF ENGLEWOOD, By ___________ _ City Clerk Mayor APPROVED .-\S TO FOR..'v1: ATTEST: City Attorney City Clerk The undersigned authorized officer of ______________ _ has read the foregoing License and agrees for and on behalf of said -------- --------------that it will accept Jnd will :ibide by all the terms and conditions there0f AITEST: Title .., J N 155.22 83.42 I 178.89 / ASPHALT PAD LAPPROXIMATE CENTERLINE OF CITY DITCH---48 11 PIPE LICENSE AGREEMENT FOR CITY DITCH 4901 S. LIPAN DRIVE, ENGLEWOOD, CO. 80 TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this _ day of , 2002 by and between the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its Water and Sewer Board (Grantor) and ~~~~~----------------~ --------------------(Grantee). WHEREAS , The City of Eng lewood owns a right-of-way for the City Ditch, a carrier ditch (City Ditch ROW) which is located as described on Exhibit A. WHEREAS, desire s to install a ~----------------- ~-------------------~ within the City Ditch ROW pursuant to a license between the panies . NOW , THEREFORE , In consideration of the mutual covenants of the panies , more panicularly hereinafter set forth, the adequac y and sufficiency of which are hereby acknowledged , it is agreed as follows: l. Temporary Con struction Easement. Eng lewood (as Grantor) hereby grants to (as Grantee ), its successors, assigns , contractors , and sub-contractors, a non-e x clusive temporary construction easement throu gh, over, under and across the City Ditch ROW for the installation of a ~------------- -----------------------pursuant to a license agreement (the Project). 2. Tenn o f Easement. The Project will beg in no sooner than and will be completed no later than . Completion of the Project will be deemed to have occurred upon inspect ion and approval of the Project by Grantor and this Temporary Easement will be deemed to have tenninated upon such completion. 3. Access . Grantee s hall have the temporary non-exclusive right to enter the City Ditch ROW for an y reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: l ) normal working hours shall be consistent with COOT construction hours, Monday through Frida y and 2) the operation of equipment and heavy trucks will be pennitted on the Englewood City Ditch ROW only during normal working hours. 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the surface area of the City Ditch ROW to its original condition. 5. Indemnification. Grantee, to the extent perm itted by the laws and constitution of the State of Colorado, hereby agrees to be liable and hold harmless the City of Englewood, its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims. 6. Liabilitv. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November l of each year and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee 's construction activities . 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of S600,000.00 property coverage and $600 ,0 00.00 liability coverage. Grantee further agrees that all its employees, contractors and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. 8. Assignment. This Temporary Construction Easement is assignable only with the written permission of Englewood, which permission will not unreasonably withheld, conditioned or delayed . IN WITNESS WHEREOF, the parties hereto have executed this temporary construction Easement on the date and day first written above. Signature blocks to be inserted. fn granting the above authorization, the City reserres the right to make full use of the property involved as may be necessary or convenient in the operation of the warer works plant and system under control of the City. IN WITNESS WHEREOF th.is instrument has been executed JS of the day and year first above 'NI'itten. AITEST: CITY OF ENGLEWOOD, By ___________ _ City Cler.< Mayor . .\.??ROVED . ..\.S TO FOR..v(: . ..\.~S~: Cry -4..ttorney Ciry Cerx The undersigned authoriz ed officer of _______________ _ has •e:id me foregoing Licen:5e :md :i.grees for llld on oebaif of said --------- rhar it ·Nill ac::e:n md wiil Jbide bv 111 che rerrns :md ---------------' . conditions rht!~f A i L .c.ST: Title Michael P. Dryer By _____ ~------'--~-- Tit le Address Phone 4901 S. Lipan Dr. Englewood, CO 80110 303-761-7891 Date March 19, 2003 INITIATED BY Utilities Department ,tl Tl~ 7 COUNCIL COMMUNICATION Agenda Item Subject City Ditch License Agreements with Granshady , LLC 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 License Agreement at their May 14 , 2003 meeting to Granshady , LLC. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED Granshady,LLC submitted a C ity Ditch Li cense Agreement for cross ing the City Ditch at Santa Fe and Blakeland with a 12 " Denver water main. This cross ing will provide a looped water system to a 4-1 /2 acre parce l that wi ll be developed into retail /commercial space . The Denver Water main will run paralle l to Englewood 's City Ditch easement on the property owned by the Corps of Engineers and the Colorado State Park System and cross Englewood 's ditch at Santa Fe. Englewood 's C ity Attorney and the Utilities Engineer have rev iewed and approved the City Di tc h Li ce nse Agreeme nt. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Ordinance City Ditch License Agreement LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into as of this __ _ _ day of 20_ by and between the CITY OF ENGLE'J'.1000, a municipal corporation of Colorado, hereinafter referred to as "City", and Granshady, LLC herein referred to as "Licensee ". WTTNFSSETH: The C ity without any warranty of its title or interest whatsoever, her~by authorizes Licensee , its successor, assigns, to install a water line over the Cjtys rights-of-way for the City Ditch, described as a parcel of land situated in the Northeast Quarter of Section 6 . Townshio 6 South. Range 68 West o·f the 3i:<th P .M., County of Douglas , State of Colorado depicted upon the Exhibit attached hereto and made a part hereof. 1. Any construction contemplated or performed under this License shall i:;ompl y with and conform to standards formulated by the Director of ~tilities of the City and such construction shall be perfcrmea and completec acco r tng tc the plans approved by the City . 2. The Licensee shall notify the City 's Direc:or or Uti lities at least three (3) days prior to the time of commencement of th e construction of. or an~t repairs made ta , Licensee 's water line so that :r.e City may , in its discretion ;nspec~ such operations. 3. Within thirty (30) days from the date of th e commencement of const;uction of said water line , the Licensee shall comp iete such construction , place and maintain pennanent, visible markers , of a type and at such locations as designated by the City 's Director of Ut ili t ies , referring to the c1~mer !ir:e cf t he installation and shal l clear the crossing area of all construction debris 3nd restore the area to its previous condit io n as nea r as may be ;~a30.iab .e. i r: the event the placing of the centerline markers and the clearing ar.d restoration of the crossing area is not completed within the time specified, the City may complete the work at the sc le expense of the licans~. 4. The C ity shall have the right to maintain . install , repair, remove or relocate the Cjty Ditch or any other of its facilities or instaJlations within the City's rights-of-way, at any time and in such manner as the City deems nec&ssary or convenient. The City reserves the exc :usive right to control all easements and installations. 5. The stipulations and conditions of this Li cense shall be incorpor3ted ir:to contract specifications if the construc:ion here in authorized is to be done on a contract basis. 6. The rights and privileges granted in th is '...icense 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 •Jf said documents or conflicting uses or installations. AP ·~ .. 25. 2003 4: 20PM GALLOWAY .~OME~O 'JO. l332 P. 7/10 7. The Licensee shall contact and fully cooperate with the City's personr.el 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 ;ind 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. 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 watier line being within and across and under the premises of the City or by reason of any work done or by omission made by Li censee, its agents or employees, in connection with the construction, replacement maintenance or repair of said installation. Licensee, for a period of one (1) year beginning on _______ 20_, warrants to the City that the water :ine 'Niil 6e free from defects in materials and will be free from defects i.1 the insta!lation of the water line into the City Ditch right-<Jf-way. 10. It is expressly agreed that in case of Licensee 's breach of any of the within promises, the City may , at its option, have specific performance thereof, or sue for damages resulting from such breach. 11. Upon abandonment of any right or privilege herein granted, the righ'.: of Licensee to that extent shall terminate , but its obligation to indemr.if; and save harmless the City, its officers and employees, shall not terminate in any event. i1.p ~ 2c; "L 0.f:~ '.. ~]P lA n ;\, .J • ... .., J • J • 'YI GA LL OWAY .~QMUO ~O . d.32 : P. 9/t '. 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. IN W ITNESS WHEREOF this instrument has been executed as of the day and year first above written . ATTEST: C ity Clerk APPROVED AS TO FORM: C ity A tto rn ey CITY OF ENGLEWOOD , By ________ _ Mayo r A TTES T : C ity Cl e rk The un ders igned authorized officer of __________ _ has read th e forego i ng Li ce nse and agrees fo r and on behalf of sa id __ _ __________________ that it w ill accept and will ab ide by all the t erms and co nditions t hereof. A TTEST: l7 itle I ""c.... Vi.A V. 6. 2003 10 :25AM GALLO WA Y RO ME RO NO. !1.57 0 P. 2 LICENSE AGREEMENT THAT PART OF THE NW 1/4 OF SECTION 5, T.6S., R.68W., OF THE 5TH P.M., DOUGLAS COUNTY, COLORADO BEING A STRIP OF LAND 50.00 FEET IN WIDTH LYING 25.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NW CORNER OF SAID NW 1 /4; THENCE S01°25'44"W, ALONG THE WEST LINE OF SAID NW 1/4, A DISTANCE OF 1290.32 FEET; THENCE S55°22'05"E A DISTANCE OF 11.10 FEET TO THE NORTHWESTERLY LINE OF AN APPARENT 50 FEET WIDE EASEMENT AND THE POINT OF BEGINNING ; THENCE CONTINU ING S55°22'05"E A DISTANCE OF 54.47 FEET TO A POINT ON THE SOUTHEASTERLY EDGE OF SAID APPARENT EASEMENT AND THE POINT OF TERMINUS . THE AFFECTED AREA OF THE EASEMENT CONTAINS 2,605 SQUARE FEET (0.0598 ACRES). THE BEARINGS USED IN THE ABOVE LEGAL DESCRIPTION ARE BASED UPON :HE ASSUMP TION THAT THE WEST LINE OF SAID NW 1/4 OF SECTION 5 BEARS S0 1°25 '44"W AS REFERENCED AND BOUNDED ON THE NORTH BY A 3" COLORADO DEPARTMENT OF TRANSPORTATION ALUMINUM CAP AND ON THE SOUTH BY A 31/." BUREAU OF LAND MANAGEMENT BRASS CAP . DATE PREPARED : APRIL24 , 2003 DATE OF LAST REVISION : MA Y 1. 2003 PREPARED BY : CHARLES BECKSTROM , PLS NO. 33202 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH PO TOMAC STREET, SUITE 126 AURORA . COLORADO 80012 PHONE: 303-337-1393 FL\1AY. 6. 2 003 ~· 0: 2 5A~ PM CGA LL OWAY ROM ER O FAX:303 337 7~NO. 457 0 P. ;;GE 2 .. ~ .,; ,Ai _, ~I ~I ~ ~I bl 3 ~ EXHIBIT 'N .., g N - I I~ : in N 0 Vl I' ', ' '· SSS'22'0!"E 11.10 I ===· ~SDMa'~ 1Jl1tJ SfJV!1f /llDIOIMC S11ICE1: ~ IN ...,~ ~ 4tltJf.2 c~ .., "' 4f I ,.f I c}' I ----<:iii: I '~ II / "'--I I ., I 'v I I I '-.. ,J '/ / / I I I I I I I / ',, //~Tt41 " '·, / TERllM / / / / DOUGLAS COUNTY LJCSNSE AGREEMENT SITUAT£0 IH l1'!£ NW 1/4 OF S.ECTlOH 5, us .. 1uew .. 01' THE '™ P.W . COUNTY OF OOVOl.AS, STATE er COLORADO I Stu Fonda From: Sent: Steger, Robert G.[robert .steger@denverwater.org] Friday, May 02 , 2003 3:51 PM A 11: 8 To: Work , Steve; Blauvelt Robert P. (Bob); Diebel, Jon; Earle, Jane E.; Gardener, Elizabeth V .; Jordan , Charlie; Keefe, Kevin R.; Kuykendoll , Kerry D.; Lafrance, David B.; Little, David; Lohman, Stephen ; Malmberg, Tom; McEnroe, Carol; McGuire-Collier, Trina; Pokorney, Edward; Sperandeo, Neil F.; Waage , Marc D.; Wells , Patricia L.; Wiley, Rocky ; Wally Welton ; Amy Stecyk ; Barry Cress; Brad Lundahl; Brian Fitzpatrick; Celeste Flores; Ed Lanyon; Jeff Brislawn; Jim Sullivan; Joe Pershin ; Ken Peterson; Maria VanderKolk; Mark Koleber; Melissa Elliot; Mike Bartleson; Mike Gillespie; Monty Edwardson; Natalie Brower- Kirton ; Pauletta Puncerelli ; Polly White ; Rick McLoud; Rosanne Doran; Shannon Jones ; Stacie Oulton; Stu Feinglas; Stu Fonda; Swithin Dick; Tonja Castaneda; Tony Tolsdorf Subject: card for Mike Gillespie FW: May 1 Snowpack Newsrelease -----Original Message----- From: Mike Gillespie [mailto:mike.gillespie@co.usda .gov) Sent: Friday, May 02, 2003 3:33 PM To: undisclosed-recipients Subject: May 1 Snowpack Newsrelease Natural Resources Conservation Service Snow Survey Office 655 Parfet St., Rm. E200C Lakewood, CO 80215 http://www.co.nrcs.usda.gov Mike Gillespie (720) 544-2852 COLORADO REACHES NEAR AVERAGE SNOWPACK Lakewood, May 2, 2003--According to the most recent data collected by the Natural Resources Conservation Service (NRCS), Colorado reached a near average peak snowpack accumulation during the month of April. The state's peak snowpack was reached on April 10 only 3 days earlier than the average date, and was 93 percent of the average peak accumulation. By May 1 the snowpack within all of the state's major river basins had reached the seasonal maximum. The peak accumulation dates varied considerably across the state. The earliest peak accumulations were reached back on March 28 in the Arkansas and Rio Grande basins of southern Colorado, while the late st peak was reached on April 25 in the South Platte Basin, according to Allen Green, State Conservationist with the NRCS. The peak snowpack accumulations provide valuable information on water supplies for the state. With most of Colorado's annual water supply originating from snowmelt, this data is critical for forecasting spring and summer runoff. "This data tells us what our water 'bank account' reached this year. We now know how the state's water users will fare as we tap this account for the remainder of the heavy demand season," said Green. Snowpack readings conducted on May 1 indicate the state's snowpack is beginning to melt at a quick pace. By this date the statewide snowpack had already dipped to 87 percent of average. While most of Colorado's northern mountains are reporting a near average to above average snowpack, Colorado's southern mountains continue to remain firmly within the grip of continued drought conditions. The lowest snowpack readings were measured across the Rio Grande, San Juan, Animas, Dolores and San Miguel river basins. A very dry April, coupled with warm and dry winds, initiated an early melt across the southwestern Colorado basins. "To only make matters worse, we're seeing much of that snowrnelt simply soak into the soils before ever reaching the streams", said Green. The state's reservoirs continue to lag well below average as the spring runoff season approaches. Given that most of the state can expect below average runoff this year, storage volumes are not anticipated to make a sizable recovery this year. Most of this spring's runoff will be used in the late summer months, leaving little for carryover storage into 2004 . The table below shows Colorado's snowpack and reservoir storage as of May 1, 2003 . % AVERAGE % AVERAGE % AVERAGE % LAST YR. Is PEAK MAY 1 RESERVOIR RESERVOIR BASIN SNOWPACK SNOWPACK STORAGE STORAGE GUNNISON 90 66 83 71 COLORADO 103 105 42 51 SOUTH PLATTE 111 109 64 78 NORTH PLATTE 103 110 YAMPA/WHITE 93 91 98 100 ARKANSAS 103 99 44 58 RIO GRANDE 77 56 59 83 SAN JUAN, ANIMAS, DOLORES 73 51 65 8 7 STATEWIDE 93 87 60 70 ## The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W Whitten Building, 1400 Independence Avenue SW, Washington DC 20250-9410 , or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. 2 Date May 19, 2003 INITIATED BY Utilities Department A 71. COUNCIL COMMUNICATION Agenda Item Subject Mclellan Deep Well Rehabilitation STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The original Mclellan pump station was constructed in 1964 . RECOMMENDED ACTION The Utilities staff recommends Council approval for rehabil itation of the Mclellan deep well pump to Mclemore Pump in the amount of $63,885.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Prior to 2002 the Mclellan deep well was used intermittently, usually a few days every three to four months. But due to the drought, this well is currently being used on a continual basis to meet demands . It was recently discovered that the pump must be lowered deeper in the well shaft because with continuous use, it overheats and periodically shuts down. It was also noted that the wire leading from the starter to the pump is inadequate. When the well was initially constructed , a valve was installed to vary the pumping rate, but with frequent use this is taxing the motor and piping . A variable frequency drive is proposed to regulate the motor speed to very flow from the well. FINANCIAL IMPACT Due to the drought conditions and difficulty obtaining competitive bids from drilling companies, a sole source bid was received from Mclemore Pump in the amount $63,885.00. for the rehabilitation of Englewood 's Mclellan deep well. Phil Martin of Martin and Wood reviewed the bid and agreed with the initial proposal, but had concerns with the second part (comments attached). The second portion addresses additional work that may be deemed necessary. It was recommended that any add itional work is addressed with "Not to Exceed" purchase orders. In his review, Mr. Martin does not anticipate that additional purchase orders will be necessary. LIST OF ATTACHMENTS Ordinance Bid from Mclemore Pump Letter from Phil Martin 6345 Downing Street Mclemore Pump, Inc. Denver, Colorado 80216-1227 303-478-5148 Fax 970-587-2449 Fe bruary 5, 2003 City of Englewood Allen Water Treatment Plant 1500 Layton Ave. Englewood , Colorado 8011 O Attn. Don Coatman Re . Deep well repairs and VFD installation. Well # LF-M2, pennit # 042430-F Don . We are pleased to submit our estimate for repairs to the deep well pump and installation of a variable frequency drive unit to maintain constant water level in the water well. We are also submitting on the axtension of the column line from the existing 937 feet to 1100 feet. The existirg cable, at present, is marginal for the existing pump setting . Replacement cable would be 350MCM wire size in orde r to adequately operate the 150 HP 460 Volt submersible motor. We are estimating costs as follows: 1 Allan Bradley 150 HP 460Volt , 3 Phase, 60 Hertz Variable Frequency Olive 1100 Ft 350MCM submersible cable 168 Ft s.s· column pipe 1100 Ft of%" air line 1100 Ft 1-1/Z' plastic pipe for VFD transducer assembly 1 Level control transducer with 1100 Ft shielded cable Estimated Labor to pull the existing pump and motor Estimated labor to dismantle the existing pump repair with new bearings Estimated labor to reinstall equipment in the well Estimated laborto install the VFO in the meter vault Wire splice kit, check valves, cable banding and other fittings as required Total estimated cost for the above $14,363 .00 23 ,700.00 3,024.00 1 ,430.00 2 ,145.00 3,753 .00 3,656.00 3,150 .00 5,147.00 2,147 .00 1,370.00 $63,885.00 The above estimate is based on an external visual inspection of the water well site ; meter vault and existing electrical power supply. All labor and material is subject to revision as required after the pump is removed from the well and evaluated . If you have any questions, please feel free to contact me at 303-478-5148 or 303-7 e 7333. Thank You , Kent R. KetwOOd Field s arvice Manager Mr. Don Coatman City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Don : April 11, 2003 602 Por k Point Dri v e , Suite 275. Golden . CO 80401 Phone: (30 3) 52 6-26 00. Fax: (303) 52 6-2624 email : p jt mwi@'aol.c o m Re : Review of Mclemore Pump Proposal Well LF-M2 Pump Work Project Number 159 .1 ·As requested, this letter summarizes our review of the Mclemore Pump, Inc . proposal for work relating to the Cit y of Englewood Laramie-Fox Hills aquifer well LF-M2 . Our understanding is that the City wishes to upgrade the well pumping equipment to a VFD installation to replace the pump cab le, and to set the pump somewhat deeper . Funher, this work will also entail a downhole video survey to allow inspection of the casing and screen so that the need , if any , for well cleaning or rehabilitation can be assessed . We have reviewed two proposals from Mclemore. The first , dated February 5, 2003 , covers the new VFD drive , new cable , additional pipe , pressure transducer , airline , PVC pipe for the transducer, labor for pulling and resetting the pump , labor to inspect the pump and install new bearings , labor for installing the VFD , and all miscellaneous fittings and parts required . This proposal totals $63 ,885 .00 . Our re view of this first proposal indicates that the proposal is for the most part reasonable and complete with the exception of the 114-inch airline . The pr ice quoted is $1.30/foot which appears high t o us , but we note that we ha ve not been able to confirm that this is truly the case . It is noted on the proposal that the contractor ma y re vi se the quote based on any unforeseen cond itions that are turned up during the pump dismantling and inspection . This is considered reasonable by us and normal for this type of work . The second proposal , dated March 18 , 2003 , raises some issues for us . This proposal extends the prior one to include a downhole video survey , "circulate and clean the well bore", and conduct a production test. The net overall price for the two combined scopes of work is set at $1 08,714.00 which means that the three additional items noted would cost some $4 4,829. We do not question the inclusion of the video survey and suggest that this should cost, based on our recent experience , in the range of $1,500 to $1,800 . Beyond this , however , we question the other two items included in the proposa l. First , we defin itely need more information on just what is meant and included in "circulate and clean the well ". We do not feel that any set of procedures should be considered until the video log is thoroughl y reviewed and analyzed . Once that has been done, appropriate methods for cleaning, if an y is required , can be developed and costs quotes requested. Finally , we do not agree that a pump test should be done on the well pr ior to resetting the permanent equipment. Unless we are misinterpreting the proposal, it appears that Mclemore would install a tempora ry test pump and run the test. This is unnecessary and a waste Mr. Don Coatman April 11, 2003 Page Two of time and money . Once the permanent equipment is re-installed, a test can easily be run by City personnel without the added cost of the temporary pump and the contractor time charges. To sum up , we basically agree with the first proposal , but have serious questions about the second. More detailed information as to just what is cont emplated by the contractor should be obtained before any decisions are made regarding acceptance of this second proposal. Please let us know if you have any questions concerning our review or the contents of this letter. Date May 19, 2003 INITIATED BY Utilities Department A I/. JO COUNCIL COMMUNICATION Agenda Item Subject License Agreement for 3594 S. Bannock St. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 14, 2003 meeting, recommended Council approval by Ordinance of the License Agreement to maintain a portion of the City Ditch at 3594 S . Bannock St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Ms. Colleen Burke submitted a License Agreement for crossing the City Ditch with a gate at 3594 S . Bannock St. to define the limits of her maintenance responsibility. In the near future Ms. Burke and her adjacent neighbor, Judy Harris, will be both applying for maintenance agreements on the City Ditch property behind their homes. Englewood will maintain the use of their easement and the right to install, repair remove or relocate the City Ditch at any time deemed necessary. The License Agreement will allow Ms. Burke to install and maintain a gate in the existing ditch easement for improved appearance and to minimize maintenance and safety concerns. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Ditch. FINANCIAL IMPACT None . LIST OF ATTACHMENTS License Agreement Bill for Ordinance CITY DITCH FENCE CROSSING LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of this __ day of ____ _ 2003, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "Englewood", and Patrick R. Burke and Colleen Burke, owners of Lots 26 and 27, Blodk 6 , Skerritt's Addition, Third Filing, Arapahoe County , State of Colorado. whose address is 3594 S. Bannock Street, Englewood, Colorado 80 l l O,herein referred to as "Licensee". WHEREAS , Englewood, without any warranty of its title or interest whatsoever, hereby approves a fence that is planned for construction over the City 's right-of-way for the City Ditch , described on attached Exhibit A , consisting of one ( 1) page , and made a part hereof by reference [Licensee to provide Exhibit A drawing], under the following terms and conditions: 1. Englewood shall have the right to maintain , install , repair, remove or relocate the City ditch or any other of its facilities or installations within Englewood's right- of-way at any time and in such manner as the City deems necessary or convenient. Englewood reserves the exclusive right to control all easements and installations . In the event the fence should interfere with any future use of Englewood's right-of-way by the City, Licensee shall , upon request and at its sole expense , relocate, rearrange, or remove its fence so as not to interfere with any such use. 2. any repair or replacement of a ny Englewood installations made necessary, in the opinion of Englewood's Director of Utilities because of the construction of the fence or other appurtenant installation thereof, shall be made at the sole expense of Licensee. 3 . The rights and privileges granted in this License shall be subject to prior agreements , licenses and/or grants , recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 4. Licensee assumes all responsibility of maintenance of the fence . 5. It is expressly agreed that in case of Licensee's breach of an of the within promises, Englewood may, at its option, have specific performance thereof, or sue for damages resulting from such breach . 6. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate. 7 . In granting the above authorization, Englewood reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water and irrigation ditch and system under the control of the City . IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. LICENSEE: Patrick R. Burke Colleen Burke LICENSOR CITY OF ENGLEWOOD APPROVED: Stewart Fonda, Director CITY OF ENGLEWOOD acting through and by its Water and Sewer Board Chairman I r .:.:..~.u.":7 -·' Englewood City Ditch [South Bannock Street] ·--534 8 \. ------------- Jefferson Ave. -·-·--------·----- Legend --Parcel Lines --Streets --Topographic Lines --Fence/Concrete Wall 1 :400 • Survey Property Pin/ Ditch Manhole Date May 19, 2003 INITIATED BY Utilities Department A T7. I I COUNCIL COMMUNICATION Agenda Item Subject Construction Easement & Water Drainage Easement for the Highline Canal Trail at Mclellan Reservoir STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 14, 2003 meeting, recommended Council approval by Ordinance of the Grant of Construction Easement and Intergovernmental Agreement for Water Drainage Easement of the City of Englewood Property into the Mclellan Reservoir. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Littleton has submitted a Grant of Construction Easement and Intergovernmental Agreement for Water Drainage Easement for the Highline Canal and Trail Crossing at County Line Road. This will enable construction of a hike/bike trail that will cross underneath County Line Road and continue on the Highline Canal Trail. This is serious safety concern because hikers and bikers currently cross the busy County Line Road. Construction of the drainage line will allow removal of seepage from the Highline Canal beneath the proposed trail to be discharged into the Mclellan Reservoir. A restrictor plate will be installed in the drainage pipe to minimize the amount of flows that would be allowed to enter the Mclellan Reservoir. The agreement requires the City of Littleton to monitor discharge flows for quality concerns. If discharge limits are exceeded, a cease and desist order would be issued, as per the agreement. This dra inage line is to be used solely for removing seepage from beneath the newly constructed trail at the Highline Canal, and not to be used as a storm water discharge point. Disturbed areas will be reseeded with a dry land pasture seed mix. The Highline Canal Trail project is to be continued on the south side of County Line Road and will be submitted to the Englewood/ Mclellan Foundation for approval. Englewood's City Attorney has reviewed and approved the proposed easements. FINANCIAL IMPACT The existing barbed wire fence will be removed and Eng lewood will be compensated on a cost-per-linear-foot basis. An 8' chain line fence will be installed after construction by an Englewood Utilities contractor. LIST OF ATTACHMENTS Ordinance Grant of Construction Easement Intergovernmental Agreement for Water Drainage Easement of City of Englewood Property and into the Mclellan Reservoir GRANT OF CONSTRUCTION EASEMENT THIS AGREEMENT is made this __ day of June, 2003, by City of Englewood, Colorado, of 1000 Englewood Parkway, Englewood, Colorado 80110, Granter, and the City of Littleton, Colorado (Littleton), whose address is 2255 West Berry Ave., Littleton, Colorado 80165, Grantee. WHEREAS , Littleton desires to construct improvements to the north side of County Line Road in accordance with the improvements in the Highline Canal Trail crossing. NOW, THEREFORE, the parties covenant and agree as follows: 1. Littleton will install a drainage structure on Littleton property as shown on the attached Exhibit A (hereinafter Project) beginning June. 2003, with construction to be completed no later than February of 2004. 2. City of Englewood agrees to permit Littleton , in conjunction with the construction and installation, to store equipment and fill dirt on a site as indicated on the attached map . Littleton agrees to erect a temporary security fence around the storage site and maintain adequate security for the s ite at all times. Littleton further agrees to comply with all s tate and federal statutes and regulations regarding the handling, storage, and clean up of any hazardous materials used by Littleton. its em plo yees, agents and assigns in conjunction with the Project. The location of the construction easement is depicted upon Exhibit A. 3. This Agreement shall expi re on February 29, 2 004 . 4. Littleton s hall have the temporary nonexclusive 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 sha ll be from 8 :00 a.m. until 4:00 p.m.; 2) the operation of equipment and heavy trucks will be permitted on the property only during normal working hours ; 3) Littleton will comply with all City of Englewood requirements regarding emergency access to the property . 5 . Littleton will do what is necessary to restore the property to its original condition including but not limited to regrading and reseeding the property. The restoration is to be completed by the expiration date of this Grant. 6. Littleton will provide security for the site at all times. In addition. Littleton will endeavor to keep the site in a vis uall y acceptable manner during the term of this Agreement, and Littleton will maintain adequate dust control. either by regularly spraying exposed so il with water or by other acceptable methods. 7. Littleton agrees to be liable for an y and all claims, causes of action, and liability which may occur as a result of the actions of Littleton, including the cost of defending against such claims. 8. Littleton shall maintain in full force and effect a valid policy of insurance for the Project in the amount of $600,000 property coverage and $600,000 liability coverage. Littleton further agrees that all Littleton employees, contractors and sub -contractors working on the Project shall be covered by adequate Workers Compensation Insurance. 9. In the event that Littleton shall abandon the rights granted to it hereunder as to any portion of the Easement Property affected thereby , a ll right, title and interest of the City of Littleton as to such portion shall cease and terminate; and Granter shall hold such portion of the Property, as the same may then be, free from the rights of the City of Littleton so abandoned and shall own all the facilities and other improvements so abandoned. Failure to use any portion of the Easement Property for a period of two years or more shall constitute evidence of abandonment of such portion. 10. This Grant of Easement sh all extend to and be binding upon the successors and assigns of the respective parties hereto. The terms , covenants , agreements and conditions in this Grant of Easement shall be construed as covenants running with the land . IN WITNESS WHEREOF , the Parties hereto hav e executed this Grant of Construction Easement on the date first above written . GRANTOR: CITY OF ENGLEWOOD , COLORADO Stewart H. Fonda Director of Utilities A. Gray Clark, Chairman Water and Sewer Board GRA.t'fTEE CITY OF LITTLETON, COLORADO Attest: I ,\... -. ' ~ .... """'------------ -----------------------#'· 0 20 ------ SCALE: i·~· JI FELSBURG ( .. HOLT & ULLEVIG Grccowood 7911 E. M c:..,....,. l'loD Grttnwood~ Ave. Sac. 200 i..._co1011 1 ;, .,,../ .. -~·.T Cl 01-017 TE-'4 of 5 I EXHIBIT A ------=----!:{~.::~~--:::__-- -----~)r----- ---::~-------~--=----=--------..::'.-----::--------_,,., --·-·· -·.:.-.....---- H\GHUNE CA (CllY ~D~~WATER 1~~,6~~~~::~~-~-~ ~· : ~~&:?~£ --:-:~:-tti~~,.:~~--~E ~~2~ -;:C.,_--~:=c:_ ~ ~ -· .•. · .. -..§[ ---···~ . 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INTERGOVER."\JMENTAL AGREEMENT FOR WATER DRAINAGE EASEMENT ON CITY OF ENGLEWOOD PROPERTY AND INTO THE McLELLAN RESERVOIR THIS AGREEMENT is made this __ day of June, 2003, by City of Englewood, Colorado, of 1000 Englewood Parkway , Englewood, Colorado 80110, (Englewood), and the City of Littleton, Colorado , whose address is 2255 West Beny Ave., Littleton, Colorado 80165, (Littleton). WHEREAS, Littleton desires to construct a trail crossing at County Line Road as a part of the Highline Canal Trail Improvements; and WHEREAS, this crossing, as designed by Felsburg, Holt & Ullevig and shown on the construction plans for the '·Highline Canal and Trail Crossing at County Line Road" dated September 16, 2002, a copy of which is available at the Englewood Utilities Department, shows approximately 600 feet of drainage pipe as a part of this project; and WHEREAS, this drainage will flow into the Mclellan Reservoir which is a drinking water source for the City of Englewood; and WHEREAS, the drainage from this project is expected to be minimal and to pose little danger to the quality of the water contained in the YfcLellan Reservoir. THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Englewood grants unto Littleton, a drainage easement, described herein. 2. Littleton s hall construct a seepage drain for this above-described project, which shall be on Littleton 's property with the outflow drainage onto the property of Englewood. 3. The drainage system shall be constructed as shown on the project drawings and specifications as described above and specifically as shown on Exhibit A, consisting of two pages , attached hereto and incorporated herein by reference . 4. Littleton agrees that the above-described drainage system shall not be enlarged, added to any other drainage system, nor incorporated into any other type of drainage or discharge system. 5. Littleton shall not nor shall it permit any other person or entity to discharge into this drainage system any polluting material or any other material which is not composed entirely of stormwater or narural drainage . 6. Littleton shall comply with all applicable laws, ordinances, rules and regulations of any governmental authority regarding environmental or water quality standards and regulations . 7 . Should Englewood find and declare that any discharge from the subject system is a danger to the water in McLellan Reservoir, it shall notify Littleton to immediately take measures to correct the danger at Littleton's sole cost. 8. Failure to correct such discharge described in paragraph 7 above shall be cause Englewood to terminate this easement and deny further access or drainage onto Englewood property. 9 . Littleton shall remove Englewood's existing fence as shown on the plans for the Highline Canal and Trail Crossing at County Line Road and shall reimburse Englewood at the replacement cost. l 0. In the event that Littleton shall abandon the rights granted to is hereunder as to any portion of the Easement Property affected thereby , a ll right, title and interest of Littleton as to such portion shall cease and terminate ; and Englewood shall hold such portion of the Property, as the same may then be , free from the rights of Littleton so abandoned and shall own al l the facilities and other improvements so abandoned. Failure to use any portion of the Easement Property for a period of two years or more shall constitute evidence of abandonment of such portion . 11. This Grant of Easement shall extend to and be binding upon the successors and assigns of the respective parties hereto . The terms, covenants, agreements and conditions in this Grant of Easement shall be construed as covenants running with the land . 12. Littleton agrees to be liable for any and all claims, causes of action, and liability which may occur as a result of the actions of Littleton , including the cost of defending against such claims. IN WITNESS WHEREOF , this Intergovernmental Agreement has been signed the day and year first above written. GRANTOR: CITY OF ENGLEWOOD, COLORADO B y~~~~~~~~~~~~~~ Stewart H . Fonda, Director of Utilities GRANTEE CITY OF LITTLETON, COLORADO Attest: EXHIBIT A Page 1 of 2 i-I ~-=-=ll£YISIDNS==-====~:-:::.=CXINSTIU:1m:--::==:--::¥CID=--;:::=:::::----111f-~~Jlm-~-;1-CCUlllAOO-CMllOll--+l--c-~-0-,--:-,7--+__;;~~-1-1-=~=:ll.=-g-1 'TYPE C INLET (AJ)\ (SEE DR-1 dr DP-1 FOR ACDITIONAI.. INFORMATION) ,...,_..,.....,..-..-.... Bi I -11 1s• RCP (M) . _. 8"• OPENING IN ORIFICE Pl..4TE TAMPER PROOF BOLT WIN. 1/4 INCH THICX ORIFICE Pl.ATE is• RCP (A2) FLOOR or INLEr \ .... WIN. 1/4 INCH THICK ORIFICE Pl..4TE r TAMPER-PROOF BOLT (4 EA.) ...---------- ,, ... _ ..... -_-_ ............. , , ,' ... , ' , , ' \ 1 s•t OUTU:T PIPE I I \ \ II I II \t II II II I I '' ,, \\ II \' I I . \ ' , , . ' ... , , .· 4 . fl.. ORIFICE OPENING ORIFlCE PL.ATE DETAILS FOR INLET A3 NOTES: NOT TO SCALE ORIFlCE PLATE. BOLT, WORK , ANO ALL OTliER MATERIALS REQUIRED TO INSTALL ORIFlCE PLATE IS INCLUDED IN iliE COST OF INL.£r IYPE C. •r~ FELSBURG •HOLT & ULLEVIG c....-c..,-.,_.. 7"1 (.M_A ... SllL:lll ~COIOlll City of Littleton HIGHLINE CANAL & TRAIL CROSSING AT COUNlf LINE ROAD DRAINAGE/EROSION DETAILS ~~DOUGLAS COUNTY Desi ner SCO Structure-----~ Detailer SCO Numbers Drawin Number DD-1 of 1 ··Orcwin • • 0 20 ------rl FELSBURG ~HOLT & ULLEVIG Ol<mWOod 79SI E.M ~ .. Ploza 0.-~ Ave. Sle.200 -.._coao111 l'llCW. NO. Cl 01-017 I 9:. EXHIBIT A Page 2of2 I I City of Littleton HIGHLINE CANAL & AT COUN1Y TRAIL CROSSING TEMPORARY CON LINE ROAD f\J't STRUCTION EASEMENTS .,~DOUGLAS ~~~~ COUNTY Detailer SI.fl' Structure Drowin Numb Numbens er TE-4 of 5 ... ____ _ CALL UNCC NO-~YI llEf'ORE YOO DIG 1-800-922-1987 1. UTILITY INFORMATION. SHOWN IS PLOTTED FROt.I THE BEST AVAILABLE DATA. THE CONTRACTOR IS RESPONSIBLE FOR MAKING THEIR OWN DETERlr41NATION "5 TO THE TYPE AND LOCATION OF IJTIUTIES "5 MAY BE NECESSARY TO AVOID DAMAGE THERETO. CONTACT THE UTILnY NOTIFlCATION CENTER OF COLORADO AT 1-800-922-1987 FOR UTILITY LOCATIONS AT LEAST 48 HOURS PRIOR TO EXCAVATING. CONTRACTOR SHALL COORDINATE WITH UTILITY C01r4PANY FOR ANY UTILITIES THAT NEED RELOCATING . 2. TEMPORARY CONSTRUCTION El>SEMENTS SHALL NOT BE Cl.EARED AND GRUBBED UNLESS IT IS REQUIRED IN ORDER TO CONSTRUCT THE RO>DWAY SECTION. THE CONTRACTOR SHALL USE PARTICULAR CARE TO lr41Nllr41ZE DAMAGE TO PLANTINGS WITHIN THE PROPERTY. MARTIN AND WOOD WATER CONSULTANTS , INC. Mr. Stewart Fonda Utilities Director City of Englewood I 000 Englewood Parkway Englewood, CO 80110 Dear Stu : May 14 , 2003 602 Par k Poi nt Dri ve , Suit e 275. Gold en, CO 80401 Phone: (303) 526 -26 00 . Fa x: (303) 526 -2624 em ail : pjt mw i@a ol.com Re : Well LA-5/UA-5 Geologic Concerns Project Number 159.12 This letter is a follow up to our conversations last week regarding the conditions encountered during the drilling of the borehole for the proposed Lower Arapahoe aquifer well LA-5 located adjacent to the Englewood Golf Course. During drilling we noted an absence of developed sands in the cuttings samples, but, in our experience, this does not always mean that the sands are missing . However, when we ran the geophysical logs, it did tum out that the Lower Arapahoe at this location was almost devoid of sands . A relatively good section of Upper Arapahoe sand was noted and it was decided to complete the well as an Upper Arapahoe well . An emergency request to the State Engineer's Office ("SEO") was called in, and , after a brief meeting, the permit was issued . The background on the events at the LA-5 site starts with the SEO maps that were developed in support of Senate Bill 5 in 1985. The maps present aquifer data for all the Denver Basin aquifers and they are commonly utilized in determining the annual appropriations for the aquifers. They present aquifer top and bottom elevat ions, and, most importantly, saturated thicknesses . This is the composite thickness of the water bearing materials (sandstones and siltstones) in a particular aquifer. The maps are based on interpretations of geophysical logs from other wells penetrating the aquifer of interest I n this regard , they are estimates and interpolations subject to the well known variation that can and does occur in the presence, thickness, and quality of the water bearing materials in the aquifers . When we first examined the conditions underlying the proposed LA-5 site, we examined the SEO maps and noted a saturated thickness value of roughly 75-feet estimated for the site area. However, a further review of some other geophysical logs in the area indicated that as much as 120-feet might be present On the basis of the SEO maps, we estimated that a well producing from the Lower Arapahoe at this site might produce as much as 200 gallons per minute ("gpm"). The additional sand thickness, if it were present, would only add to the likely production. So, the available information we had indicated that the LA-5 site should be a satisfactory location at which to construct a well. Mr. Stewart Fonda May 14, 2003 Page Two Before turning to the actual conditions encountered, we note the sandstones and siltstones in the Lower Arapahoe aquifer originated as stream channel deposits that meandered across the landscape. Over time, the deposits tend to stack up into a combined section of sandstones interbedded with claystones . Typically, the sands will predominate, but in some areas, due to the specific conditions existing at the time of deposition, the stream channels were not present or were not well developed and all that is present is a series of claystones. This is the case at the LA-5 site. The only way to describe it is through the term "extremely bad luck", as it is our experience that the Lower Arapahoe tends to be a good producing aquifer throughout all the area it underlies . There was no data indicating that the conditions would be as encountered and that the conditions at this particular spot would be so negative. Once we had reviewed the geophysical logs, we felt there were three choices . Abandon the project altogether, drill down to the underlying Laramie-Fox Hills aquifer, or complete the well as an Upper Arapahoe well. The first choice did not make sense, as we had the strong likelihood of being able to develop a producing well from one of the other aquifers . The Laramie-Fox Hills was a choice that would likely provide the greatest volume of water, but this would be offset by water quality issues . After discussions with you and your staff it was determined that the quality problems were severe enough as to preclude this as a viable option for either golf course use or for municipal use by the City. This left the Upper Arapahoe well as the remaining choice. Thus the well was completed as an Upper Arapahoe aquifer well . To accomplish this, the contractor had to fill the borehole back up to the separating layer between the Lower and Upper Arapahoe and then place a cement grout plug opposite the separating layer (this is required by the SEO). From there, the well was completed as usual , with well screen placed opposite the sandstones of the Upper Arapahoe . While the amount of sandstones Jogged in the Upper was a less than anticipated for the Lower Arapahoe, we estimate that the well as completed should be able to produce at least 50-60 gpm on a continuous basis . This equates to approximately 80 to 95 acre-feet per year. This volume of water will be of great assistance to the Golf Course. We note that the shallower completion of the UA-5 well will result in some cost savings over the original estimate, although the extra materials for backfilling the borehole and the grout plug will offset the construction related savings somewhat. An additional economic benefit will likely come with the pumping unit installation which can be expected to be smaller in size, and demanding less power to operate. For future wells in these aquifers, given this unexpected experience, it might be wise to consider starting with a test hole prior to actually mobilizing for the larger construction program. This could be accomplished by advancing a small diameter hole and then running the geophysical logs . If the conditions in the aquifer appeared favorable, then a production well could be constructed. The costs to carry out such a test hole would be dependent upon the actual depths involved. We are currently discussing the likely estimated costs with a drilling contractor but do not yet have the final numbers . Martin and Wood Water Consultants, In c. Mr. Stewart Fonda May 14, 2003 Page Three Please let us know if you have any questions concerning the conditions encountered at LA-5 or the contents of this letter. Sincerely, er~~~ Vice President Martin and Wood Water Consultants, Inc.