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Home My WebLink About2005-10-11 WSB AGENDAWATER& SEWER BOARD AGENDA Tuesday, October 11, 2005 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE SEPTEMBER 13, 2005 MEETING. (ATT. 1) 2. GUEST: DON MARTURANO -ATTORNEY FOR SOUTH ENGLEWOOD SANITATION DISTICT RE : RESOLUTION FOR BILLING . (ATT. 2) 3. GUEST: DWAYNE TINSLEY -BIG DRY CREEK INTERCEPTOR BASIN AGREEMENT. (ATT. 3) 4. GUESTS : LICENSE AGREEMENT DISPUTE AT 777 W . OXFORD AVE. MICHAEL & BETH RANKLE VS . NORM WOOD & KATHLEEN FREEMAN. (ATT . 4) 5. LICENSE AGREEMENT FOR McBROOM DITCH AT THE ENGLEWOOD GOLF COURSE. (ATT. 5) 6 LICE~J"£E AGREEMENT FOR '.VALL E~J"CROACRMENT FOR£. EMER£0N £T. DIANA BRAY. (ATT. 6) 7. UTILITY EASEMENT FOR 3167 S. VINE CT. (ATT. 7) 8. LETTER TO SAFEWAY DATED SEPT. 21, 2005 RE: INAPPROPRIATE MANAGEMENT OF NON-SALEABLE PRODUCT. (ATT . 8) 9 . OTHER. WATER AND SEWER BOARD MINUTES September 13, 2005 ATT. l The meeting was called to order at 5:04 p .m. Members present: Members absent: Also present: Burns, Clark, Moo re (conference call), Higday, Cassidy, H abenicht, Bradshaw, Garrett Otis Stewart Fonda, Director of Utilities Bill McCormick, Operations Supt. -Utilities 1. MINUTES OF THE JULY 12, 2005 MEETING. The Englewood Water and Sewer Board approved the minutes fr om the July 12, 2005 meeting. Mr. Higday moved; Mr. Habenicht seconded : Ayes: Nays: Abstain: Members absent: Motion carried. To approve the minutes from the July 12, 2005 Englewood Water and Sewer Board Meeting. Higday, Cassidy, Habenicht, Moore None Clark, Garrett, Bradsh aw Otis, Burns 2 . PARCO -DISTRIBUTION SYSTEM DISCHARGE PUMP VAL VE AND ACTUATOR REPLACEMENT. Due to aging equipment at the Allen Filter Plant, there is an increasingly imminent chance of a hydraulic leak occurring in the high lift pumps which could contaminate the clear well. Valves are wearing out and not sealing, which can cause the pumps to run backwards, which in turn would refill the clearwell, and potent ially cause flooding. The proposed new system will incorporate a new valve and an actuator system that will be a combination of electric and hydraulic actuators that uses a small quantity of food- grade oil that is self-contained on each actuator, minimizing a clearwell contamination if a leak should occur. Work will include demolition of existing valves and actuators, pumps and piping, installation of new pump valves, VFDs, piping, valves and related work, including start-up and testing of pumps. Because of previously successful installations, the Rotork Skillmatic Actuator system has been specifically requested. A bid opening was held on September 1, 2005 and four bids were received. Genesee Builders, Inc . is the recommended low, acceptable bidder at $188,300 . CDM has reviewed and approved Genesee 's b id. Mr. Clark moved ; Mr. Higday seconded: Ayes : Nays: Members absent: Motion carried. To recommend Council approval of the bid award for the distribution system discharge pump valve and actuator replacement to Genesee Builders , Inc . in the amount of $188 ,300. Clark, Moore, Higday, Cassidy, Garrett, Bradshaw, Habenicht None Otis, Bums 3. REQUEST FOR WATER TAP FOR 4780 S. CLARKSON ST . The Utilities Department received a request from Grace Evangelical Lutheran Church, located at 4750 S. Clarkson Street, for a new water tap to the exi sting rectory at 4780 S . Clarkson Street that is currently on a well that has since run dry. Englewood is currently serving the church but not the rectory, both of which are located in Cherry Hills Village. The church is in the process of trying to subdivide the rectory p ortion for sale. Denver Water has no objection to Englewood serving the rectory since they have no immediate plans to install a water main in the area. Denver Water has no objection to Englewood serving the rectory. Cherry Hills Village Sanitation District has also approved the rectory tapping into Englewood's water system. Mr. Higday moved; Mr. Cassidy seconded: Ayes: Nays : Members absent: Motion carried. To approve Grace Evangelical's request for an Englewood water tap for 4780 S . Clarkson St. Clark, Moore, Higday, Cassidy, Garrett, Bradshaw, Habeni cht None Otis, Burns 4 . TANK REP AIRS TO THE CLARKSON ST. 3-MILLION-GALLON RESERVOIR. The east Clarkson Street 3-million-gallon covered reservoir is located two blocks east of the intersection of Clarkson and Sunset Ridge in Greenwood Vi ll age. In January, 2003 CDM did an extensive inspection of the two 3-million gallon tanks, resulting in repairs on the east tank roof slab. It was recommended that the concrete roof and venting be repaired on the west tank and the valves and hatches be replaced on both tanks. The concrete on these tanks has deteriorated, and if left unrepaired, w ill become more extensive. One bid was received from Premi er Spec. Contractors in the amount of $261,285.00. CDM reviewed the bid and determined that Premier was an acc eptable, low bid for the above amount. Mr. Cassidy moved; Mr. Habinecht seconded: To recommend Council approval of the bid award for the tank repairs of the east Clarkson Street 3-million-gallon reservoirs Ayes: Nays: Members absent: Motion carried. to Premier Spec. Contractors in the amount of $261,285.00. Clark, Moore, Higday, Cassidy, Garrett, Bradshaw, Habenicht None Otis, Bums 5. CITY DITCH LICENSE AGREEMENT & TEMP. CONSTRUCTION AGREEMENT WITH WILDACRES. Wildacres, LLC submitted a City Ditch License Agreement and a Temporary Construction Agreement for crossing the City Ditch along Santa Fe with a 2" water line and an electrical service line . The agreements will allow the 2" water and electrical line to cross 12" beneath Englewood's 48" City Ditch pipe from Santa Fe drive to the Littleton Large Animal Clinic west of Santa Fe Drive. Englewood's City Attorney and the Utilities Engineer have reviewed and approved the City Ditch License Agreement and Temporary License Agreement. Mr. Higday moved; Mr. Cassidy seconded: Ayes: Nays: Members absent: Motion carried. Tom Bum's entered at 5:45 p.m. To recommend Council approval of the License Agreement and Temporary Construction Agreement with Wildacres, LLC for crossing the City Ditch with a 2" water line and an ele ctrical service line. Clark, Moore, Higday, Cassidy, Garrett, Bradshaw, Habenicht None Otis, Bums 6. GUEST: DAVID HILL, WATER ATTORNEY David Hill, Englewood's water attorney, appeared to review the history of Englewood's water rights, pending water cases and Englewood's interest in those cases. 7. JOINT DEFENSE AGREEMENT WITH AURORA. The Joint Defense and Confidentiality Agreement with the City of Aurora enables both parties to make available to each other privileged information, both verbally and in writing relating, to common-interest cases. The purpose of this agreement is to reduce expenses, improve efficiency and communication. The City Attorney's office presented the agreement to Council at a previous date, and it was approved. 8. A WW ARP ULTRA VIOLET DISINFECTION PROJECT. The Englewood Utilities Department has been asked to particip ate in an A WW ARP project to develop an ultraviolet disinfection knowledge base. Federal regulations for drinking water are becoming more stringent , with pathogens being an area of focus . The research team will visit the Allen Filter Plant and compile a custom report that includes specifications and costs in the case that UV disinfection becomes necessary. UV creates no by-products and is effective on pathogens that chlorine cannot treat. Participants are contributing an in-kind amount of $5,000. Ms. Bradshaw moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To approve the participation of the Utilities Deparment in the A WW ARP "Development of a UV disinfection Knowledge Base" in the amount of $5,000. Clark, Moore, Higday, Cassidy, Garrett, Bradshaw, Habeni cht, Bums None Otis 9. DOG PARK WATER QUALITY ASSESSMENT. The Board received a copy of the Off-Leash Dog Park Water Quality Assessment from CDM. If properly maintained, the park is not expected to significantly effect levels of contaminants in the South Platte River. CDM's Dog Park Water Quality Assessment will be forwarded to City Council. 10. WATER MAIN CLEANING. Bill McCormick appeared to discuss the successful results of the water main cleaning that took place at Cherokee and Nassau in August, 2005. Stu noted that cleaning the mains, as opposed to replacement, is a financially advantageous metho d to increase volume and pressure. 11. LETTER FROM THE SA VE THE DITCH GROUP DATED JULY 29 , 2005. The Board received a copy of a letter sent to Englewood City Council formally thanking the City of Englewood for their support in the City Ditch recirculation system. The letter specifically thanks Bill McCormick who faithfully attended their meetings. The meeting adjourned at 6 :40 p.m. The next Water and Sewer Board meeting will be Tuesday, Sep te mber 13, 2005 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary -,, ATT. 2 SOUTH ENGLEWOOD SANITATION DISTRICT N0.1 RESOLUTION WHEREAS, SOUTH ENGLEWOOD SANITATION DISTRICT NO . 1 (the "Districf') is a single purpose special district providing wastewater transmission services to its users , organized and existing pursuant to CRS 32- 1-101 , et seq., and CRS 37-45 .1-101 , et seq .; and WHEREAS , the City bills District users and users of all other districts which deliver wastewater to the Littleton/Englewood Wastewater Treatment Plant ("Treatment Plant") a wastewater processing fee ("treatment charge "), based on an average of mid win ter water meter readings , when water usage is more representative of sanitary sewer use; and WHEREAS , the District has a defined service area , which is, in part , with in the jurisdictional boundaries of the City of Englewood (the "City") and, in part, outside the City , the treatmen t charges for users outside the City being billed annually, and for users within the City billings are quarterly; and WHEREAS , the District has decided to assess a service charge or a fee based on wastewater transmission services provided to its users and avail itse lf to the City bi lling and collecting suc h a service charge, as the City can and does with other sanitation and/or water and sanitation districts ; and WHEREAS , the City , in billing such a service charge , together with their treatment charge , can bill a flat fee or a percentage of the City 's treatment charge for the District ; NOW, THEREFORE, commencing December 1, 2005, the District's fees for wastewater transmission provided to its users to the Treatment Plant shall be billed and collected by the City , together with the City 's treatment charge and other fees billed and collected by the City , such as the Interceptor Basin Agreement charge (IBA charge): • Annually to those District users outside the j ur isdictional limits of the City of Englewood ; and • Quarterly to those District users within the City of Englewood , to be billed and collected at the rate of SIXTY PERCENT (60%) of the Treatment Plant charge billed by the City , which billings and collec.tJons shall continue on the same basis and the same percentage rate of the Treatment Plant charges until further notice from the Dist rict. If a percentage of billings and collections is to change from SIXTY PERCENT (60%) or if said fees are to be discontinued, the District will notify the City in writing, in care of its Utilities Manager , no later than September 1 preceding the annual December billing to District users. Fl NALLY, the District's attorney is expressly author ized and empowered to execute any and all agreements with the City as may be necessary to effectuate th is resolution and directive to the City to blll and collect to and from , respectively , the District users the service charges , the fees for the services actually provided by the District to its users . CERTIFICATION The undersigned Assistant Secretary of South Englewood Sanitation District No . 1 (the "District") hereby certifies the above and foregoing resolution is a true and correct copy of a reso lution adopted at a regular meeting of the Board of Directors of the District held August 3 . 2005 . SOUTH ENGLEWOOD SANITATION DISTRICT NO . 1 [SE AL] By-=----,~--:-:-~~~~~------~~----~ Donald E. Marturano , Assistant Secretary Ov29-l6l-EOE ~u~~~ oue~n~~ew ·3 Pieuoa evt=so so 22 2n~ Southgate Water & Sanitation Districts 3722 Eas t O rch a rd Road Ce ntennial, Co lo rado 801 21 Telephone (3 03) 779 -026 1 FAX (303) 779 -0220 Mr. Stu Fonda, City of Englewood 1000 Englewood Parkway, Englewood, CO 80110 South Arapahoe Sanitation District, C/O William Petri July 27 , 2005 Clifton Gunderson, LLP, 6399 S. Fiddlers Green Cir., #100 Greenwood Village , CO 801 11 A TT. 3 South Englewood Sanitation District #1, C/O Mr. Donald Marturano, Attorney P.O. Box 2858 , Littleton, CO 80161 Re : Big Dry Creek Interceptor -Agreement -Cap ital Project Status Rehabilitation and Replacement -Assertions/Proposals Dear Gentlemen : Agreement . In August, 1990 the City of Englewood, South Arapahoe Sanitation, South Englewood Sanitation No. 1 and Southgate Sanitation entered a 4 party agreement relative to ownership, reservation of capacity , operation, capacity development projects, and funding for the Big Dry Creek Interceptor. There was: • Finding of insufficient capacity to serve ultimate projected flows, (Sec. Ill, Page 2). • Commitment to resolve disputes , provide for the orderly and timely enlargement of the system, and provide effective maintenance/repair/operation, (Sec. IV, Page 2). • Determination of capacity re lated construction projects that would be needed in the future , provision for project management and a source of funding for such projects, as well as for the ongoing operation, maintenance, replacement and repair of the Interceptor, (Sec. V, Page 2). • Parties to participate in eight (8) reconstruction "Projects" which will enlarge and realign the Interceptor to accommodate the ultimate projected wastewater flow ... eight projects are identified in Exhibit "A", (Sec. 2, Page 6). • Project Manager shall give timely written notice to all Parties of any proposed material changes in the plan, design, schedule, or construction of any Project subject to its control, (Sec. 3.4.3 , Page 11 ). • Project Funding -The actual cost of the Projects shall be funded by special charges, (Sec. 4.1, Page 13) • To be held by Englewood until disbursed solely for the purposes set forth in Section 4 and for no other purpose whatever, (Sec. 4.1, Page 13). • Base Charge --estimated or actual cost of the Projects divided by the projected SFEs. Periodic revision based on the revised estimates of the BDCI -Page 2 July 27, 2005 actual cost of Projects or portions thereof not yet completed, (Sec. 4.5, Page 16). • Base charges to be collected until all advance charges have been repaid. • Advance Charge --additional amount necessary to deal with cash flow needs of the joint venture, (Sec. 4.6, Page 17). • As of March 31, 2005 there was $2,641,229 in the joint venture "Project Fund". There is additionally, a previously expended amount of $757,031.32 for which the parties have equitable claim. • After all Projects have been completed and finally accepted for maintenance, or presumably found to be unnecessary, by the appropriate Owner, the Project Fund will be used exclusively to refund to the Parties any and all Advance LCs which they have previously paid, and then to refund base LCs, (Sec. 4 .8, Page 19) • Each owner shall be responsible for operating, ma intaining, repairing and replacing when necessary that segment of the Inte rceptor owned by it, (Sec. 8.1, Page 30) • Actual costs of operation, maintenance repair and replacement of the Interceptor shall be charged to and collected directly from all customers served by the Interceptor, (Sec. 8.2, Page 31) • The term "actual costs " ... shall be the same as set forth in 4.1 above [Projects], except that each owner shall also provide for the accumulation and maintenance of a reasonable reserve for contingencies, and for major repair or replacement costs with reference to specific, identified portions of the Interceptor which may require the same within the succeeding seven years. The amount of each Owner's reserve for contingencies shall be determined by the Owner, except that such amount, including accrued interest, shall not exceed $50,000. (Sec. 8.3, Page 32), for an aggregate contingency limit of $100,000. • As of March 31, 2005 there was $76,811 .33 in the joint venture "Operation and Maintenance Fund". • The agreement was amended in October, 1991 to designate the Southgate Sanitation District as Project manager for all eight capacity related Projects. Southgate has, per request of the City of Englewood, functioned as operations and maintenance manager for the entire Interceptor. Capital Project Status Since 1990 Southgate has: • As the Project Manager -coordinated and completed reconstruction work for Projects #6 and #8, and for the majority of Project #7. • As the Operations Manager -operated and maintained the Interceptor, with expenses reimbursed from the joint venture. • As both the Project Manager and Operations Manager -monitored flows in the interceptor and twice modeled the projected flows in the interceptor. BDCI -Page 3 July 27, 2005 • In 2004 an update of the Southgate and BDCI sewer master plan was completed. The effort included: flow metering, rain fall measurement, infiltration and inflow analysis, current and future land use investigation, survey of the Interceptor, video inspection of the interceptor, sewer model calibration, and future flow modeling. The model projected flows associated with build-out land use together with the affects of a 50 year storm event. For purposes of capital planning, (with recognition of the conservative modeling assumptions), it was determined that any segment of line where the build-out flows/50 storm event flows did not rise higher than 1 foot above the crown of the pipe, or such other depth as would have no affect upon customer service or property, would be deemed to have sufficient capacity. See attached "2004 Sewer Master Plan Methodology" and "Big Dry Creek Interceptor -Ultimate Growth @ 50 Year Storm" modeling results. The unimproved segments of the Interceptor meet the cap ital planning criteria . The capacity related capital needs of the Interceptor have been met. Rehabilitation and Replacement In 2005 Southgate conducted critical review of the Big Dry Creek Interceptor video. It was determined that over the next 25 years: • Several sections will need no rehabilitation or replacement. • Several sections warrant immediate rehabilitation, replacement or realignment, (for system sustainability , not for capacity). • The remaining sections will need rehabilitation in progress ive fashion, (again for system sustainability, not capacity). • The estimated cost for such work is $10,606,080 . See attached "Big Dry Creek Interceptor R&R". It is now time that we look to the future of the Interceptor sustainability. Assertions/Proposals • Southgate asserts: • Pursuant to Section 3.4.3 of the agreement, that the capacity needs of the Interceptor have been met and the remaining capacity related "Projects" are no longer necessary. • Pursuant to Section 4.6 of the agreement, that Advance Line Charges be immediately discontrnued. • Pursuant to Section 4.8 of the agreement, that monies held in the "Project Fund", (given the specific limitations of Section 4 .1 of the agreement), be immediately refunded to the Parties and the proceeds of future Base Line Charges be progressively refunded to the Parties (pursuant to Section 4 .8 of the agreement). ,• BDCI -Page 4 July 27, 2005 • Southgate proposes that: • In addition to the current customer charges for operation and maintenance there be an additional charge, (pursuant to Section 8.2 of the agreement), to cover the projected rehabilitation and replacement costs over the next 25 years. This additional charge to commence with the 2006 Englewood billings. • We have consulted with the Englewood staff and have been advised that the current annual charge to raise $15,000 per year for operations and maintenance is $0.005434 per 1,000 gallons of winter water consumption and that the affect of that charge on customers ranges from $0.45 to $1 .66 per year for residential customers and from $0.45 to $38.18 for commercial customers. • We estimate that the annual charge to ra ise $15,000 per year for operations and maintenance, and an additional $424,243 per year for rehabilitation/replacement, would be $0.159123 per 1,000 gallons of winter water consumption and that the affect of that charge on customers would range from $13.18 to $48.61 per year for residential customers and from $13.18 to $1, 118.02 for commercial customers. • See attached "BDCI Rehabilitation/Replacement" calculations. • To facilitate the timely pursuit of the identified rehabilitation and replacement projects, Southgate, (without reliance on Section 4. 7 of the agreement), proposes in the manner of Section 4. 9 of the agreement to advance, as a loan , to the "Operations and Ma intenance Fund" of the Joint Venture the amount of $1,800,000; to be repaid from future R&R charges as discussed above. We believe, and trust that you will agree, that the constituents/boards/managers of the parties to the Agreement will benefit from the changes proposed herein. The on- going viability and reliability of the Interceptor will be assured . The direct costs to the customers will be small in relation to the importance of the Interceptor and the resulting fiscal security of the Joint Venture. I stand ready to meet with the members of the Joint Venture, as you may wish, to discuss these findings, assertions and proposals. U(t ~ ~rs Truly, uane~ District Manager CC: Directors Legal Counsel District Engineer ) • 2004 Sewer Master Plan Methodolo gy/! • Sewer flow metering. • Rain fall monitoring to determine the extent to which d rainage and ground water is entering the sewer system . • Smoke testing of 285 ,000 feet of sewer mains to identify where drainage or ground water is entering the sewer system and the manner in which it might be prevented. • Manhole and sewer video inspections. • Field survey to ensure that the system is accurately reflected in the computer model. • Existing and future land use quantification. • Sewer model calibration . • Computer modeling of severa l growth and storm frequency scenarios. • Preparation and delivery of final reports and recommendations. It is the purpose of this effort to ensure that system capacity is used most beneficially and that constituent investment in the system is most effective and efficient. SEP-21-2005 10:39 NILSEN & COH-1, P.C. VJCtor N. Nilsen, J.D. 1921-1996 Linda F. Cohn. J.D. James G. Ridgeway. J.D . 1Nifsen & Cohn P.C. Post Office Box 366 3396 South Sherman Street Englewood , Colorado 80151-0366 .. Phone 303-781-5531 Fax 303-781-5569 September 21, 2005 Mr . Stu Fonda. Director of Utilities City of Englewood, Colorado 1000 Englewood Parkway Englewood, Colorado 80110 Via US Mail and Fax# {303) 783-6894 AT T. Lf •for courier delivery use 80113 Re: Request for new License Agreement for a portion of "Parcel D", a tract of land located behind 760 West Nassua Way. within the City 's right of way for the City Ditch. Dear Mr. Fonda and Ms. Burrage : This law firm represents Michael W. Hankie and Beth Anne Hankie. The Hankies have lived and worked in Englewood for the past twenty five years. The Hankies' Englewood home at 760 Nassua Way backs to that certain parcel of land within the city of Englewood's right-of way for the City Ditch described in the attached Exhibit A as "Parcel D" . Parcel D has in the past been subject to a License Agreement dated September 23, 1998 by and between the City and Norman J. Wood and Kathleen A. Freeman, Licensees, recorded in the Arapahoe County Records, September 28, 1998 at Reception number A8154430 {the "Wood/Freeman License Agreement"). For the past six or seven years, however, the Hankies have maintained, improved and restricted public access to that portion of Parcel D lying immediately south of their 760 West Nassau Way home. The purpose of this letter is twofold: 1. To insist that there be no assignment of the Wood /Freeman License Agreement to anyone other than the Hankies without the Hankies being first notified in writing and given an opportunity to present their case against such an assignment; and, 2. To request that the City make a formal finding that the Wood/Freeman Licensees abandoned their rights and privileges to that portion of Parcel D the Hankies have maintained and enhanced .these past many years and grant the Hankies a license agreement to the land in question. Under its terms, the Wood/Freeman License Agreement umay not be assigned 1 SEP-21-2005 10:39 NILSEN & COHN, P.C. 303 781 5569 P.03/07 without the consent of the City". Moreover, the Wood/Freeman License Agreement specifically provides that, "Upon abandonment of any right or privilege herein granted, the right of the Licensee to that extent shall terminate .... n. I. BACKGROUND When Mike and Beth HankJe bought their home at 760 West Nassau Way, some twenty four plus years ago , there was an open ditch in Its back yard with a large hill behind it and a field off to the side. In approximately 1996 under the City's Project BUILD Program, Englewood reshaped the land at great expense to its taxpayers. The ditch itself was covered and a large, long, high retaining wall put in place behind the Hankies' property. During th is construction period the Hankies lives were greatly impacted as they dealt with mud , machinery and noise for almost two years. After construction was complete the City deeded the Hankie 's a small tract of land adjacent to their home and granted the Hankies a License Agreement for another small tract of land adjacent to their home. The Hankies were not, however, approached about the possibility of obtaining the License Agreement for that portion of Parcel D situated directly behind their house desp ite a written request to a City official on September 4, 1998 asking that the City grant them this license agreement. (See attached Exhibit B. September 4, 1998 letter from the Hankies to Englewood offic ial Harold Stitt.) Despite the fact that the Pa rcel D License Agreement went to Wood and Freeman instead of the Hankies , my clients have, at the request of Wood and Freemen and with the full knowledge and consent of the ir ne ighbors, landscaped, maintained and restricted access to the property in question fo r nearly seven years. The Hankies now seek-a written license agreement with the City to continue this mutually beneficial arrangement. II. OPENING PARCEL D TO THE PUBLIC AND TO VEHICLE TRAFFIC IS. NOT IN THE CITY'S BEST INTEREST NOR FAIR TO THE HANKLES As noted above, the now covered City Ditch runs underneath Parcel D and a large, high retaining wall sits atop the land . Before the Hankie 's began their efforts to maintain, preserve and enhance that portion of Parcel D lying south of their backyard, teenagers and others would drive across the subject land, using it as a shortcut between West Nassau Way and West Oxford Avenue. Additionally, children would sometimes play on the top of the high retaining wall and graffiti was a constant problem. In the years since the Woodman/Freeman abandon their interest in the subject land and invited my clients to care for the subject land , the Hankies have planted and grown grass on the land, built a removable shed and generally ensured that City funds have not been spent removing graffiti from the wall or ticketing teenage drivers seeking an unsafe shortcut. In short, what was once an attractive nuisance in the making has instead been kep t as a clean, safe well landscaped preserve. My clients wish the arrangement to continue and believe it is the City's best interest they 2 SEP-21-2005 10:39 NILSEN & CO-f'.I, P.C. 303 781 5569 P.04/07 be allowed to do so. In the coming week to ten days I will be forwarding your office photographs of the land in question, photos which clearly illustrate the present day site conditions and degree of injustice inherent in permitting an unrestricted assignment of the Parcel D License Agreement to anyone other than Mike and Beth Hankie . These photos will show just how critical the effected portion of Parcel Dis to the Hankies' home life and clearly demonstrate that there is prec ious little to be gained by permitting this land to again be turned Into a parking lot or thoroughfare. 111. CONCLUS ION We ask that the City Attorney's office and Utility Department review the Hankies' request for a license agreement for that portion of Parcel D ly ing south of the Hankies' home as further depicted in the thatched area of attached Exhib it C and that this item be placed on the Board of Water and Sewers agenda for consideration at their meeting scheduled for October 11, 2005. If you or City staff have any questions regarding this letter or wish to conduct a site visit, please fee l free to contact me, Jim Ridgeway, at (303)-781-5531. Otherwise, my client and I would appreciate the courtesy if a written response on or before October, 1, 2005 Respectfully submitted,/ 4 ~"·-.,,-.,_,, ""'-~_,. dgeway ~~---· Nilsen & Cohn, P.C . Enclosures cc: Nancy Reid, Assistant City Attorney, City of Englewood Bill McCormick, Operations Supervisor, City of Englewood Mike and Beth Hankie 3 SEP-21-2005 10:39 NILSEN & COHN, P.C. 303 781 5569 Thot port of the City Ditch Right-of-Woy located in the · Northwest Quarter of the Southwest Quarter of Section 3. Township 5 South, Ronge 68 West. of the Six t h Principle Meridian, ly i ng Eost of ond adjacent to Tract "A ... OX-BOW, Co1.inty of Aropohoe , State of Colorado, more particularly described os follows; Commencing ot the Northeast corner of Tract .. A ... OX-BOW. said point ol~o being on the Cit_y Ditch Ri9ht-of-Woy as shown on the recorded plot of said OX-BOW; thence Southwesterly ond olong the Eost line of said Tract "A " and along the West line of said City Ditch Ri9ht-of-Woy, olong o curve to the left a distance of 1.3 .5J feet. ~aid curve having o radius of 14.6J, a central ongle of 52° 59'21'', said curve ha vi ng o chord bearing of S 53• 22·14 .. W and o chord distance of 12.92 feet: thence S 27·51•44N W along the Eost line of soid Tract .. A" and Qlong the West li ne of said City Ditch Ri ght-of-Woy a di stance of 2.40 to the Tr u e Point of Beginning; thence continuing olon9 t he oforemcntioned line S 27 ~ 5 1'44 N W a distance of 124.25 feet t o a point of curvature ; thence olon9 the City Ditch Right-of-Way li ne and o curve to the r i gh t o distance or 18 .71 feet, sai d curve hav i ng a radius of 59.57 fee t and o central angle of 17·59·45 '' to a point of reverse curv e os shown on the recorded plot of sa i d OX-BOW; thence along a curve to the left and continuing along said City Ditch' Right-of-Woy o distance of 18 . .3 4 to a point of t angvncy. soid curve having a. radius of 31.85. f eet ond a central angle of 32•59·s.:r: thence S 12°51'.36" W along the tangent of the aforementioned curve ond continuing along the West line of said City Ditch Right-of-Way o distance of 195.93 feet more or less to the Southeast corner of said Tract NA .. , said point also being located on the North Right-of-way line of West Oxford Avenue; thence: Eosl along the North fine of sa i d West Oxford Avenue a distance of 2 .20 feet; thence N 1.3•or54" E o distance of 175.72 feet; thence N 3 Q•35 '14w E o distonco of 158.73 feet; lhencs N 76•19•02" E o distance of 60 .32 feet more or less lo o point on the West Right-of-Woy tine of South Galapago Street Right- of-Way extended Northerly sold point being 20.27 feet South of the North Right-of-Woy line of said Ci ty Ditch; thence N 00'34'09" E olon9 the West Right-o f -Woy line of South Gofopa90 Street a distance of 17 .27 feet; t hence s s2· 3l'l7N West a d istance of 60.1~ feel more or le$$ t h e True Point of Beginning,· County of Arapahoe. Stale of Colorado. Containing a Totol Area of P.05/07 SEP-21-2005 10:40 NILSEN & COHN, P.C. Septi:mber 4, 1998 Mr. Harold Stitt City o~ Enqlewood (_ .... ....._? -) Me1ghl::>orhood and ·~inass Sai:vices 3400 S. !Uati Saeet Enqlewood, CO 80110 Dear Mr. Stitt: 303 781 5569 :r a.m reqoa•ting ari Encroachment Agreement be 9'ranted. by the City o~ 2nqlewcod !or the use o~ sai.d property a.JJ de~ined by the att~ohed drawing. OUr land wa:s eomproiaised :for l!IQl':e than a yeaZ" with the City' s building project at 777 W. O~~ord. We lost existing gra:s:s, £1owers, top:soil .md $Om& :fence dUl:'ing thi.!$ project as -11 as de.tl.t .with mad and macbina;ry ... In Febiua.ry or . March 0£ this YQ:l:t' I stakes wara p.l.iiced by the City as to where our fence :ho'Ulci be positioned. We waited until May ~o that the construction c.ew coul d continue using our personal land to drive across bef'o:re replacing the fence. During this time, WI!! we::e lea.d to believe th.it th.a land situation was takan ~· of by the City. In May, we replaced. the fence a.nd. landsc.~ the property at a g:-eat exponsa to us. In Auqust, I aqai~ c:alled the City to find out the status of the paperwork for the land and ~as told that the :situation bad c:hanged. We ev.ntually had a portion o:f the additional land de~ckad to us (Parcel :B) , but are in the process 0£ obtaining !Clase agzeemants and/or encroachment agreement: fo:r: the :rema.ininq portion o~ the di:sputcd land. We are now :requeat:ing that wa be granted an agreement ~or the us• 0£ the trian~a: shaped prope:;ty (Parcel 0) that is to the: e11st 0£ our property l.in.a that falls in the Galapaqo riqht-0£-way. We haVG al:eeady fenced and landscaped this land :since it was a portion of the City .staked area. This situation has been a lonq and tedioue1 one. Your qaick responlie would be qn-.tly appreci.ated. Please a.drise ma if there is any Oldditicmal. i~o.:r:mation you need in o:der to bri.nq thi& moitter to a conclusion. 'l'hanlc yO'U for your attention to th.is situation. Seth Rankle 760 W. Nassau Way Znql.AWOod, CO 80110 (303) 761-0471 cc= ~ Brad.sb.a.w Shannon Mc:::Ginty Lauri C1app NAnc:y ~id. P.06/07 NILSEN & ~. P.C. 303 781 5569 P.VT?/187 COLORADO IBGINBllJHQ & SUllVBYJHG INC. 4S-b3Z. ~ ~IS.Et>~~ /"IA/18 -r I ~ "qp'* hot llM •' ox~o• I "~+ ~-···• •r< Cl1;11:" ., ""' --t-----_J I I I I I I • • n•st'S3" II• lUS' • 11 •• I l . I l I / /\ , "I \ ffi j I hi••'"" I 11 r1-Clly Dilcft lk jjJ"'"" o_ u; ~· o..11 ~ ~· ~· cJ ! = ~ = g I l I I 2} w • I ~ ~ 1· I~ Cll1 1)11"' -•--4-••1 or1 "' I .. •• ... 11t. , ..... ~ ~, , · ,a1 01 ox.eow I I l • : : I & I ! ~ . I I l . I . I I I : I IOUMASl cacll \ I / Of lAACT .,.. \ • I L iL ____ _ '-" ars3· sa• E 2..20' WIST oxroRD AVENUI .SCA.££: t' • 40' !J.OOD 'CU.!l11CA'll0(: I HEllEBY , CZ:lltTP'Y THAT TIC PROPCRTY DDC!'9U> HEREON IS NOT LOCATED N A 100 YEAR f'l.000 PL~. ACCO$!DIHG TO THC MOST CURllEHT FLOOO ~E RA TE l.IAP (FIRM). PRoouctD 8Y TlE: FEOERAI. EM£RG£NCY ~GEMENT A~Y (FEMA). MAPS AA[ OAlED AIJG\JST 16Til. 1995 COMMUNITY NO. O*S07 4 PANEL HO. 01115 -J TOTFl.. P • 'J7 Victor N. Nilsen, J.D. 1921-1996 Linda F. Cohn, J .D . James G . Ridgeway, J.D . !:Nifsen & Colin P.C. Post Office Box 366 3396 South Sherman Street Englewood, Colorado 80151-0366 * Phone 303-781-5531 Fax 303-781-5569 September 30, 2005 *For courier delivery use 80113 Mr. Stu Fonda, Director of Utilities City of Englewood, Colorado 1000 Englewood Parkway Englewood, Colorado 80110 Hand delivered Re: Photos and New Legal description relating to Request for new License Agreement for a portion of "Parcel D", a tract of land located behind 760 West Nassua Way, within the City's right of way for the City Ditch. Dear Mr . Fonda:: Enclosed please find four original photos, three photocopy photos, a graphic map and a legal description relating to the City land my clients, Beth and Mike Hankie, are requesting a new licensing agreement for. We believe these photos will help illustrate the present day site condit ions and degree of injustice inherent in permitting an unrestricted assignment of the Parcel D License Agreement to anyone other than Mike and Beth Hankie. These photos show just how critical the effected portion of Parcel D is to the Hankies ' home life and clearly demonstrate that there is precious little to be gained by permitting this land to again be turned into a parking lot or thoroughfare . Please include the enclosed materials in the agenda package for the Board of Water and Sewer's scheduled meeting of October 11, 2005. Thank you for your considera ti on. Enclosures cc: Mike and Beth Hankie Res .pectfully submitte~, ; ~ . *4~/J---. ~mes _G . Ridgeway •'.f.lilsen & Cohn, P.C . 1 , SEP-30-2005 03: ZSPM FROM-FRONT I ER SURVEY I NG , I NC . TRACT "A" OX-BOW SU8DIV1SIDN LOT 6 BLOCK 2 OX-BOW SUBDIVIS ION PARCEL D JACKSON'S BROADWAY HEIGHTS 7208556544 FOUND NO, 5 REBAR W/ RED PLASllC CAP STAMPED COLO ENGN & SURVEY PLS 26958 20' 10 ' 0 20' 40' --- SCALE : 11 = 20' T-918 P.OOZ/OOZ F-914 EXHIBIT A NOTES: THE GRAPHIC £XHIBlT AND ACCOMPANYING LEGAL DESCRIPTION J)O NOT REPRESENT A LAND SURVEY PLJ\ TOR MONUM£NTED SURVEY . PAGE 2 OF 2 ~~~==========1 FRONTIER SURVEYING. INC. 352 NORFOLK STREET AURORA, CO 80011 Of c. 303-3-40-0113 F'ax. 303-340-011-4 OAlE 9/30/05 PROJECT NO . 05-230 SEP-30-2005 03:2BPM FROM-FRONTIER SURVEYING, INC . 7208556544 T-918 P.001/002 F-914 EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERID IAN ON THAT PARCEL DESCRIBED IN LICENSE AGREEMENT RECORDED AT RECEPTION NO . AB 154430 AT PAGES 001 -005 AND AS AMENDED BY AFFIDAVIT FOR CORRECTION OF LEGAL DESCRIPTION RECORDED AT RECEPTION NO. A8174192 OF THE RECORDS OF ARAPAHOE COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL RECORDED AT RECEPTION NO. A8174192, THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID PARCEL THE FOLLOWING IWO (2) COURSES: soo·34'09"W, A DISTANCE OF 17.27 FEET; 575·19'02"W, A DISTANCE OF 60.32 FEET; THENCE N44°57'46"W, DEPARTING THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 12.39 FEET TO THE WESTERLY UNE OF SAID PARCEL; THENCE N2?51'44 ~E. ALONG THE WESTERLY LINE OF SA ID PARCEL, A DISTANCE OF 16 .90 FEET; THENCE N82'31' 1 rE:, ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 60. 15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1 ,315 SQUARE FEET OF LAND, MORE OR LESS. BASIS OF BEARINGS IS THE RECORD BEARING OF THE NORTH LINE OF SAID PARCEL RECORDED AT RECEPTION NO. A8174192 OF THE RECORDS OF DOUGLAS COUNTY, COLORADO, MONUMENTED WITH FOUND NO. 5 REBARS AND RED PLASTIC CAPS STAMPED NCOLO ENGN & SURVEY PLS 26958". P·\D.-.... lngs\760 v Nossc11J IJo.y\rS_Bl).SE .oVrg ':>130/cQOS 3 •17 °'.lB PM HST PAGE 1 OF' 2 ====~=~=======• FRONTIER SURVEYING, IMC. 352 NORFOLK STREET AURORA, CO 80011 Ofc. 303-3-'0-0113 F'ax. 303-3-40-011 ~ OA'I! 9/30/0S PROJ£CT NO. 05-2.:lO MEMORANDUM TO: Stu Fonda, Director of Utilities au FROM: Nancy Reid, Assistant City Attorney' !/{!;t ~ October 3, 2005 DATE: REGARDING: The History of the License Agreement of the City Ditch in the Area Between Oxford, Nassau Way and Galapago I have been asked to review the legal issues concerning the License Agreement request for the City Ditch Right-of-Way in the area of South Galapago Street and West Nassau Way . Two neighbors, Hankle on Nassau Way and Wood/Freeman on Oxford (or new owners), have conflicting requests for a License to use the City Ditch Right-of-Way for yard or lawn purposes. The Englewood Utilities Department records show: • The City Ditch at this location was acquired April 28 , 1875 by the Platte Valley Water Company, the rights of which were eventually acquired by the City of Englewood. • The traditional easement granted in the original Deed is the 25' Ditch bottom plus property that is necessary for sl opes and embankments and for men and mules to keep the Ditch in repair. That is traditionally interp reted to be ten feet (10') on the uphill side and fifteen feet (15 ') on the downhill side of the center line. In this particular case the western edge of the City Ditch Right-of-Way is delineated by a meets and bounds description of the eastern side of the Oxbow Subdivision, wh ich was platted in 1953. That Plat specifically lists out the dimension and the location for the west side of the Right-of- Way of the City Ditch, (shown on the attached drawing). The property addressed on South Galapago Street, is described in its plat as lying east of the City Ditch. • In 1977 the owner of the northern part of Block 9 of Jackson 's Broadway Heights, Mr. Crumpacker, requested and received a license from the City to enclose the City Ditch in conduit and, as usual in this type of license agreement , the City reserved the right to rescind this license and reserved the right to make full use of the property involved as may be necessary or convenient. Further, there is a provision that "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 Licensees sole responsibility to determine the existence of said documents or conflicting uses or installations." • In 1990 a License for approximately sixty feet (60') of the Right-of-Way east of Galapago Street was granted to a Thomas V . Kolvat. This L icense was personal to Mr. Kolvat. Mr. Kolvat owned Tract A of Oxbow Subdivision by the terms of the License itself it was not assignable without written consent and the Englewood Utilities Department has deemed this License abandoned. • • • • • In 1996 the property listed as Track A in the Oxbow Subdivision was purchased by the Englewood Housing Authority. Project Build constructed new houses in the City. Tract A -Oxbow Subdivision is one of those properties. The Englewood Housing Authority built a single-family residence and as a part of that construction a wall was built on the slope which contained the City Ditch Right-of-Way. As noted in the permit application, the Englewood Utilities Department required that the encroachment upon City Ditch Easement on the east side of the property line would not be allowed." However, the wall was in fact constructed upon and through the middle of the City Ditch Right-of-Way. In 1998 a standard License Agreement for use of the surface was granted to Wood/Freeman, the owners of Tract A -Oxbow subdivision. That area is described as Parcel D, on the attached Map (green area). It should be noted that that area more or less includes the City Ditch Right-of-Way north and east of the retaining wall. This was a standard License Agreement with the City which provided that the License is subject to abandonment by the licensee, and prior agreements and or licenses. It also provided that the License may not be assigned without written consent of the City. Also in 1998 a License was granted to Hankle for that part shown on the Map as Parcel C, (the pink area). This License was the same as the license granted to Wood/Freeman. The Wood/Freeman property is in the process of being sold . A request was sent to the City regarding possible assignment of the Wood/Freeman License (Parcel D). At that time the Licensee of Parcel C (Hankle) objected to the assignment of the northeastern section of the Licensed Area (approximately sixty feet (60 '). The City then learned, as part of a handshake agreement, Woods/Freeman allowed the Hankles to use that northeast sixty feet (60') of the licensed area for yard and parking area and shed. It should be noted that all of these licenses issued by the City for use of the surface of the City Ditch , restrict such usage and prevents construction of structures or placement of trees or other permanent structures on the property. Such use is normally restricted to lawn, with some possible shrubbery or unpaved areas. There are arguments by the parties regarding the legal effect of the actions of the Licensee of Parcel D (Woods/Freeman) in allowing the Hankies to use the northeast portion of the leased area. Colorado law requires that all interests in land be in writing. The City has been told that this was a verbal agreement. Therefore, there was no written attempt to assign this license without the City's permission. The Board may decide that the Licensee abandoned his rights under the License in which case the License should be revoked; or that the licensed use continued and if so Wood/Freeman continue to own the License until it is revoked . The Board may also determine that, by asking for an assignment, Wood/Freeman wishes to relinquish the License on Parcel D and the Board can either assign it or revoke it. The structure (shed) placed in the Right-of-Way is a violation of the terms of the License. The City does not necessarily consider this a fatal violation. The ultimate Licensee, if any, should ask for a determination that the structure is portable and allowable in this Right-of-Way. OPTIONS THE BOARD MAY WISH TO CONSIDER: 1. Parcel C may remain as it exists. All of Parcel D may be assigned to the purchasers of the Wood/Freeman property. OR 2. The Wood/Freeman License may be revoked and Parcel D divided in some definable manner, e.g. the sixty feet west of the Galapago Right-of-Way to Hankle and the rest to the owners of Tract A. OR 3. The License for Parcel D may be revoked and the Utilities Department may take over maintenance of the surface in that area. OR 4. The Licenses for both Parcel C and Parcel D may be revoked. Attachment NNR/nf f(Of 1: • tCllCATIS Ml IS lllllAll II" LONG WITH /I lllD f't.A&llC C~ IWll((O L.S. Htst I ' \ loot llnl of OIC-IOW llem9 tllt w .. 1 Right of ••r ... of lh• Cllr Ditch ~-----_J I ' I \ I I I ' I ' I ' I ' I •• 32•59•53• R • 31 .85' L • 18 .34' I SOUTHEAST CORNER \ Of TRACT "A• k_ I I I --'-N 81°53' 58" t 2.20' WEST OXFORD POINT or COMMENCEMENT NORTHEAST CORNER OF fRACT "A" ~- / uon-Hot1 I ~ .... ~ .. , ... , .... ..... . .. ~" ~ !!.)-c; +~ ..... ~ oc; ~'t- q,'v ~ ~Q qj [ .... "' lll1M-ol-••r Li.o ol Cllr Dll<• •-t >- --""' JOO" --...................... '~ I 17.27' ...... , H 00°34' 01" E l' ~ Mon-Holt • • ......... Cllr Ditch RIQhl-ol-Wor H -·" on 1ht ucor4'•• plol ol OlC-80# ... w w ~ ... en o_ O!i ~· ~~ jj ~ uk ":-....._ I I I I I I I I ' I ~'? "o = I cf· I ... I "),. --- AVENUE I I I •• \ SCAL£: 1' • 40' W cod/Freeman property Rankle property Wood/Free man License (parcel D) Rankle License (parcel C) => 0 fl> I I lllGltf Clf WAY ·l I I I • --. H!J)_ Conflicting License requests .,,11111111111111\\\\\'. 0 ;.:J-+_,.-.=-1'--nnrA~ ~ 80132.83: -~ N 30' :g '\-(J\ <J'I . . (I) -.J---80 @ 002 AREA 2 IS J3. J2 so ~9 ~7 ....... 0 (!) .· <( Cl.. <( _J <( (!) JACKSON'S . · £. / v BROAD~ A 'I HTS . ---.G39--- 24 12!1. (4 d . "" 12 • .WEST 125 WE ' _, 8" x 3 _, . . LL . ~-~ .§- ~ TO: FROM: DATE: RE: ATT. MEMORANDUM Stewart Fonda, Director of Utilities David Henderson, Engineering/Capital Projects Administrator-~/!- September 30, 2005 McBroom Ditch Crossing for Golf Course Maintenance Facility at 3650 S. Clay St. The Public Works Department and the Englewood Parks and Recreation Department submitted a Grant Of License for crossing the McBroom Ditch. The crossing is at the Englewood Golf Course Maintenance Facility at the Englewood Golf Course, near S. Clay Street and W. Mansfield Ave. The agreement is to provide crossings for electrical, sewer, water, telephone, gas, cable and a driveway for the Golf Course Maintenance facility. Ash & White Construction Company installed the lines to the new fac ility in 2004. Public Works, Parks and Recreation Department and the Utilities Departments previously reviewed and approved the crossings. The utilities lines cross in three locations as shown on Exhibit A of Grant of License. GRANT OF LICENSE THIS GRANT OF LICENSE is entered into as of this __ day of October, 2005, by and between the Mc BROOM DITCH COMPANY , a Colorado Mutual Ditch Company, herein referred to "Company", and the City of Englewood, herein referred to as "Licensee". WITNESSETH: The Company without any warranty of its title or interest whatsoever, hereby authorizes Licensee to maintain a parcel of land in the Company's Right -Of-Way for the McBroom Dit ch, more specifically described as an unplatted parcel of land situated in Township 5S and Range 68W, as shown on the attached Exhibit A. 1. Licensee is granted as exclusive license to cross the McBroom Ditch with utilities (electrical-aerial, sewer-u nderground, water-underground , telephone-aerial, gas- underground, cable-aer ia l and a driveway-surface), subject to all terms and conditions contained in t hi s License Agreement: a. Licensee shal l be responsible for the placement of the utilities . b. The Company will inspect as necessary crossing areas to ensure no damage to McBroom Ditch. c. The Licensee will seed disturbed areas as needed to ensure vegetation growth . 2 . In granting this License , the Company reserves the right to make full use of the parcel as may be necessary or convenient in the operation of the Ditch and the Company retains all rights to operate, maintain, install, repair, remove or relocate any of the Company's facilities located within the McBroom Ditch Right-Of-Way at any time and in such a manner as it deems necessary or convenient. 3. Subject to the provisions co ntained in paragragh 2, the Company shall have the right to maintain, install, repair , remove or relocate t he Di tch or any of its facilities or installations within the Company 's Right-Of-Way, at any time and in such a manner as the Company deems necessary or convenient. The Company reserves the exclusive right to con t rol all easements and installations. 4. 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 respo nsibility to determine the existence of said agreements, licenses or grants or conflicting uses or installations. 5. The Licensee shall have the right to maintain the above described parcel including but not lim ited to planting and trimming grass and/or bushes, fertilization and irrigation and removal of trash and brush. 6. Access to the parcel by Company personnel must be maintained by Licensee for inspection and Maintenance. 7. No construction, other t han placement or repair of these utilities, shall be allowed on this parcel without the written permission from the Company. 8. Upon abandonment of any right or privilege herein granted, the right of the Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the Company, its officers and employees, shall not terminate in any event. 9. The rights granted Licensee hereunder may not be assigned without the written consent of the Company which consent may not be unreasonably withheld. 10. Licensee should comply with all applicable laws and ordinances and all rules, regulations and requirements of any environmental standards and conditions applicable to the Ditch . If, as a result of Licensee's occupancy of the premises and its operations hereunder, any such law, ord inance, rule or regulation is violated this License shall terminate immediately. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. APPROVED: McBROOM DITCH COMPANY Stewart Fonda, President ?8 ' '.·?J / ·,· ' . 5M ... ' ...:,. ,SM'"' , '~-'f:VC • '/B ,. ·i:i 9 . ?9 ,A1.<. c.Jl1<.1r1eS ;18,,vli t,~oLu-tP fi 't' V .tf . t;)e) I ~'"''-#/ nol . 'i s · •• ;::19 .. :--.......... . . . . . ·J1 . ?S .• 09_ · .?'iCS ·. ,: ,: 0.9' :1 •. 0 SIGN . ?VC , \ TO: FROM: DATE: RE: MEMORANDUM Stu Fonda, Director of Utilities Jim Veryser, j·V.. September 23 , 2005 3167 S. Vine Court A 77. 7 Attached please find an engineers drawing for replacing a deteriorating wood retaining wall at 3167 S. Vine Court. The owners have requested permission to replace the weakening retaining wall with another wood retaining wall that is in an existing utility easement. Englewood has a sanitary sewer located in the ten-foot utility easement. This retaining wall is vital for the stability of the existing yard and landscape and the structural integrity needs to be maintained. The encroachment agreement is necessary so the Utilities Department has free access to the sewer main in the Utilities easement. In the event of repairs or maintenance, which may necessitate the wall being dismantled, the Utilities Department will not be responsible for the existing landscaping and wall. Printed on Recycled Paper W Improvement Location Certificate Gillians Land Consultants LLC QilliAOS 8474 W. Rice Avenue • Littleton, CO 80123 •303-972-6640 LANO CorctULTANTS Address: Borrower(s): Tia. Mlln:fl by: Commnrn.nt No.: Legal o.crlpllon: 3167 S VINE COURT NIA PBRCLIHNT City and County of DENVER State of COLORADO , .. :::z..c:>' lo ~us:C:."I" MP-Z~..:ic.o Oc=' ui-11.-1.,..1e:.~ ~T: 'W\A/\./. U ~C.C.... 01Z£::, ,_ ~ -ci·t:z..-1"01 [ / O<-o Ylcct:> ~ t:.~101::,._T"I~'-' \.y'~"O P:~l\l1~W7 w~ (,~./Cf I "' iJ , ,, ~I 1. I "' I ' ;1 "1 I I .. . I I. L = zt....S:) e" "':;.o1 .1z: 48rl7' -.,. p:;,z,,.Jt> + ezo+.,. 'S \/t1'JE: ~JZ:.I (~·ec....;) Torn1t and Conditions: As st•ted In the Certlnc1te, "this is not• Land Surny Plot or lmpmvement Su"•Y Plot". This lmpron· ment Lor1tlon Certlnute does nnt est•blbh property cornen anti I• Intended only to sin the gener1I sitaotlon or the current vis- uol improvtmenlt. Gllll•ns will not be 1 111~1• for more that the cost or this Improvement Loc•tlon Certln<1te, and then only to the party •pe<inc1lly •hown hereon. Acttpt1ilce •nd/or use or this Improvement Loution Certinc1te for any purpose constllatn 111rtemtnt to •II terms 1t1ted hereon." Note: Unless otherwise noted. lot lines ore bll5ed on apparent R.O. W.s Md orcupied lines. On 1he bll5is of my knowledge, information and belief I hereby cenify that this improvement location certilicate WIU preplRCI for MATT BREY under my <upervision nnd th•t it is not a Land Survey Plat or improvement Survey rial, and that it is not to be relied upon for the establishment of fenct. building. or other future improvement lines. I furt~ cenify thll the impmvements on the above-described P"""'I on this date, except ut ility connections nnd fences and landscnping. •re entirely within the boundaries of the p1n:tl, except as shown. that there are no encroachments upon the described premises by improvements on any adjoining premis.,. except 115 indicated. and that I · apparent evidence or sign of any c115cmenl crossing or burdening •ny rart of said parcel, except 115 noted . "Notice: According to llr!'; must commence any legal 111:1ion based upon any defect in this survey within 3 yean after you lirsl discover such defect. Jn ':::,~ , !11'1 I~ ~ based upon any defect in this survey be commena:d more than I 0 years from the cmilication shown hemm." ~ • •• • •• •• <'o . . . ~ .. ~. \ Job Number: FH: 536-2005 s 100.00 Census Tract No.: .. MEMO TO: FROM: DATE: RE : Stu Fonda, Utilities John Bock, Utilities Jim Veryser, Utilities 1 () Nancy N. Reid, Assistant City Attorney .!t:ttl September 27, 2005 License Agreement This particular license agreement is an unusual one in that the licensee is asking for a license from the City in a 5-foot platted utility easement. It is unusual to grant a specific license for placing something such as this wood retaining wall in such an easement. It is my understanding that the Utility Department is contemplating this license because the water utility has in-ground utilities at this location. Please make sure the licensee reads, understands and initials paragraph 4, which explains that this does not bind any other utilities which may have access to or use of the utility easement. If the licensee has concerns about permission from other utilities, the licensee needs to talk with those entities. The lease is also unusual in that it is a platted easement and the license agreement does not claim the Utility Department has sole authority to grant such a license . Please return the signed original to our office for recording. Because this is not a grant of easement over exclusive City property, the Mayor 's signature is not required. The Director 's signature will be sufficient for this agreement. bb / cc: Cathy Burrage t-/ ... LICENSE AGREEMENT FOR PLA TIED EASEMENT THIS LICENSE AGREEMENT, made and entered into as of this day of ______ , 200_, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "City", and _____ _ ---------------------' herein referred to as "Licensee". WITNESSETH: The City, without any warranty of its title or interest whatsoever, hereby grants a License to the Licensee, its successor and assigns, to install a wooden retaining wall consistent with the diagram in Exhibit, A attached hereto, within the five (5) foot platted utility easement over a parcel of land described as 3167 S. Vine Court, Englewood, Arapahoe County Colorado. l. Any construction contemplated or performed under this L icense shall comply with and conform to standards formulated by the City of Englewood, and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The City shall have the right to maintain , install, repair, remove or relocate the City utilities or any other of its facilities or installations within the easement at any time and in such manner as the City deems necessary or convenient. In the event the wooden retaining wall should interfere with any future use of the City's easement by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 3. Any repair or replacement of any City installation made necessary, in the opinion of the City 's Director of Utilities because of the construction of the wooden retaining wall or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 4. The Licensee understands that the subject easement is a platted easement for all utilities above and below ground and this License does not apply to or bind any utilities which may be located within the subject easement other than the City of Englewood Water Utility . owner's initial. ----- 5. Licensee, by acceptance of this License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by damage to any water utilities within the easement. The Licensee assumes all responsibility for maintenance of the installation . 6. 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 wooden retaining wall. 7. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. •· IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. STATE OF COLORADO ) ) COUNTY OF ARAPAHOE ) SS. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities Signed before me by Stewart H. Fonda as Director of Utilities for the City of Englewood, Colorado . My Commission expires : Notary Public STATE OF COLORADO ) ) SS. COUNTY OF ARAPAHOE ) The undersigned Licensee has read the foregoing License Agreement and agrees for and in behalf of said Licensee that he will accept and will abide by all the terms and conditions thereof. LICENSEE: Notary Public My Commission expires. -2- • EXlllBIT A Improvement Location Certificate Gillians Land Consultants LLC QilUAOS 8474 W. Rice Avenue • Littleton, CO 80123 •303-972-6640 LAfl'D CorvsutTANTS Addren: Borrower(•): Title search by: Commitment No.: Legal DMcrlptlon: 3167 S VINE COURT NIA PBRCLIBNT City and County of DENVER State of COLORADO , .. =LC>' lo ~us:L:.'"\ MN:::.~-lC... ()~ UT"11-1-r-1i;;~ ~\: 'WW \A/. U ~ C..C... CilU:o , _~-CJ"?. -z.. -·~e< 'C'~IOl!:~T"l~t.!' W~"'O ~e:n.i~I~'-' W"tl-1.- Ct .1t:t' 481"f1' \/,i\Jts ~~. (~· eo,...;) I ,, ,, ~ I ~ I ~, I ;1 I 1 ·" . I Ttrm• ond Condition.: As stated In the Certlliute, "thh I• not• Land Sur>ey riot or lmrrovement Sur>ey riot". This lmrrove- mtnl Lorollon Ctrtllirate dou not tstablhh rrortrty rornen and h lnttndtd only 10 gl•t the generol slluotlon of lht eurrtnt vis- uol lmrrovtmtnts. Giiiians wlll not be IJJl~Jt for mo rt th•l lht eosl of this lmrrovrmtnl Loutlon Ctrtlfieale, and then only to the r•rly •r«llirolly •hown hereon . Arreriohre and/or ust of thl• lmrrovemenl Loution Certllieale for any purrost eonstllutu •Rtttmtnl to •II ltrms stated hereon." Note: UnleSJ olherwise noted. lot lines are based on apparent R.O. W.s and occupied lines . On the basis of my knowledge, Information and belief I hereby certify lhal lhls improvement location certificate was prepared for MATT BREY under rny .irrervision and lhnl ii is not • Lnud Survey Pint or imrrovemeut Survey Pint. nnd that it is not to be relied upon for the eslahli•hmenl of fence, building, or other future improvement lines . I further certify thnt the improvement• on the above-described porcel on this date, except utility connections ond fences nnd lnndscnping. arc tntirely wilhin lhe boundaries of the pnrcel , except as shown, that there •re no encronchments upon the d"cribed premises by improvements on on y adjoining premises. except as indicnted. ond Iha\ th · o apparent evidence or sign of nny eoscment cro'5ing or burdening ony part of soid porcel, except as noted . "Notice: According to R'l'!: u must commence ony legal action based upon nny defect in this survey within 3 yean aflcr you first discover such dcrecl . In ~~, !VUI~ /qr.IP." based upon any dercct in this survey be commenced more than 10 years from the certincation shown hereon." :-..; ,.··· ~:*. \. Job Number. 536-2005 ~r. Fee: $ 100.00 Census Tract No.: c ATT. 8 T y 0 F ENGLEWOOD September 21, 2005 Mr. Andy Knutson , Store Manager Safeway 201 E. Jefferson Avenue Englewood, CO 80113 Sent Via Certified Mail: RE: INAPPROPRIATE MANAGEMENT OF NON-SALEABLE PRODUCT Dear Mr. Knutson: An inspection was performed at your facility on September 20 , 2005 in response to odor complaints received by Littleton/Englewood (LIE) Pretreatment Division. The complaint from City of Englewood Utility Department personnel stated that a smelly liquid was flowing from your site to the curb and gutter in S. Sherman Street. LIE Pretreatment and Utility Department personnel performed a inspection and observed a liquid dripping from the compaction dumpster on your property. This liquid traveled off site to the curb and gutter located on the eastside of the 3500 block of S. Sherman Street. Section 12-5-9(A) of the Englewood City Ordinance states that "it shall be unlawful for any person to discharge or cause to be discharged to the storm drainage system any polluting material or any other material which is not composed entirely of storm water." You are in violation of this prohibited discharge standard. It is imp era ti ve that you take all actions to resolve this prob lem immediately, and that you implement all measures necessary to prevent a recurrence . As a result of this violations, please be advised of the follow ing requirements that must be completed by October 21, 2005 : You are required to Cease and Desist the practice of disposing of liquid non- saleable product in the compaction dumpster; and , ensure that none of your products, saleable or non-saleable, enters the storm sewer by any means. 1000 Englewood Parkway Englewood, Colorado 80110 Phone 303-762-2300 www.englewoodgov.org • You are required to clean up the liquid from the pavement and sidewalks well as the other debris from the loading docks. You are required to develop and implement a plan specific to the management and disposal of liquid non-saleable product to ensure that the product is handled and disposed of properly, specifically ensuring that the non-saleable product does not enter the storm sewer system by any means. The plan must be submitted to the City of Englewood Utilities Department. If you have any questions regarding the contents of this letter, please contact me at 303- 762-2654. Sincerely, ~/~~ Thomas J. Brennan, PE Utility Engineer Cc: Ms. Suzanne Pagorek, Pretreatment Specialist I, LIE Pretreatment Division Mr. Al Garcia, Pretreatment Administrator, LIE Pretreatment Division Mr. Gary Condreay, Code Enforcement Field Supervisor, Safety Services