HomeMy WebLinkAbout2007-08-14 WSB AGENDAWATER & SEWER BOARD
AGENDA
Tuesday, August 14, 2007
5:00 P.M.
COMMUNITY DEVELOPMENT CONFERENCE ROOM
1. MINUTES OF THE mLY 10, 2007 MEETING. (ATT. 1)
2. TRANSFORMER AND SWITCH PURCHASE. (ATT. 2)
3. BOARD APPRECIATION NIGHT CHANGED TO SATURDAY , AUGUST 25,
2007. (ATT . 3)
4. BROWN DITCH CROSSING AGREEMENT FOR 2727 W. UNION A VE .
(ATT. 4)
5. INTERGOVERNMENTAL AGREEMENT BETWEEN DENVER AND
ENGLEWOOD REGARDING 2270 AND 2275 W . CHENANGO. (ATT. 5)
6. LICENSE AGREEMENT FOR 3066 S. SHERMAN ST. (ATT. 6)
7. GRANT OF EASEMENT & QUIT CLAIM DEED FOR 2890 S. ZUNI ST.
(ATT. 7)
8. LAYTON AVENUE LINE EMERGENCY REPAIR. (ATT. 8)
9. WATER RIGHTS UPDATE. (ATT. 9)
10 . OTHER.
WATER AND SEWER BOARD
MEETING
July 10 , 2007
ATTe!
The meeting was called to order at 5 :03 p .m .
Members present:
Members absent:
Also present:
A quorum was present.
Clark, Moore , Cassidy, Wiggins, Wolosyn,
Oakley, Habenicht
Bums, Higday
Stewart Fonda, Director of Utilities
1. MINUTES OF THE MAY 8, 2007 MEETING.
The Englewood Water and Sewer Board approved the minutes of the meeting of June 12 ,
2007 .
Mr. Wiggins moved ;
Ms. W olosyn seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the minutes from the June 12,
2007 meeting.
Clark, Moore, Cassidy, Wiggins, Wolosyn,
Oakley, Habenicht
None
Bums, Higday
2 . SOUTHGATE SUPPLEMENT #162.
A request was made by the Southgate Sanitation District representing the owner, Jared
and Eileen Slattery, for inclusion of Southgate Supplement #162 consisting of a parcel
totaling 2.17 acres into the Southgate Sanitation District. This is in conjunction with a
renovation of their residence and they are requesting inclusion into the district for
residential use. The property is currently zoned residential and no changes in zoning or
use are anticipated . The property is located between Belleview and Orchard, west of
Quebec in Greenwood village at 7105 E . Powers Ave.
Adequate capacity has been provided in the treatment plant to accommodate such
inclusions. Annexation of this parcel will not increase the tap allocation of the Southgate
Sanitation District.
Mr. Clark moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
3. MS4 STORMWATERPERMIT.
To recommend Council approval of a Bill
for Ordinance approving Southgate
Supplement #162.
Clark, Moore, Cassidy, Wiggins , Wolosyn,
Oakley, Habenicht
None
Bums, Higday
The Board received a copy of the letter from the State of Colorado dated June 18 , 2007
approving Englewood's MS4 Stormwater Permit. Stu discussed Tom Brennan 's program
that includes measurable goals, mapping and stormwater monitoring . It was noted that
the Public Works Department maintains the stormwater system above ground, while the
Utilities Department handles the system underground, starting below the grates .
4. ARTICLE FROM JUNE, 2007 AMERICAN CITY & COUNTY, "THE NEXT
DRUG PROBLEM."
The Board received an article, "The next drug problem." The article discussed
pharmaceuticals that are appearing in surface and drinking water. Improved technology is
detecting compounds formerly undetectable. Upcoming research and studies were
discussed in the article.
5. UTILITIES BUDGET OVERVIEW.
Stu discussed concerns regarding upcoming revenues. He noted that 6% to 10%
increases are possible in 2008 and 2009. Rate increases may be required to finance
increases in operation and maintenance costs along with large capital repairs and
replacements .
6 . LETTER FROM ED ENGEL REGARDlNG THE
DISTRIBUTION/COLLECTION CREW.
The Board received a letter from Ed Engel of3150 W . Stanford Ave. thanking the
employees on the Distribution/Collection crew for their courtesy and cooperation during
the main break on his street. Mr. Engel was hosting a rehearsal dinner for his son's
wedding at 6:00 and was concerned that water would be restored by 4:00, which it was.
7. BOARD AND COMMISSION APPRECIATION NIGHT.
The Water and Sewer Board received an invitation to the Board and Commission
appreciation Night August 27 at 6:00 p.m.
The next Water and Sewer Board meeting will be August 14, 2007 in the Community
Development Conference Room at 5:00 p.m.
Respectfully submitted,
Cathy Burrage
Recording Secretary
AT T. 2
MEMORANDUM
TO: ENGLEWOOD WATER & SEWER BOARD
,4tf(lll11--
FROM: BILL McCORMICK, UTILITIES SUPT.
DATE: JUL y 20, 2007
RE: BIDS FOR TRANSFORMER AND SWITCH BID PURCHASE
The original 1000 KV A transformer was installed in 1952 by Public Service Company
and Xcel has removed it from their inventory. The plant had the opportunity to buy the
transformer, but after evaluation it was determined that it was not economical and
expensive to dispose of because of PCB's. This leaves the Allen Plant with a single
power source and the standby generator. The newer transformer was installed in the
1980's and the plant has been experiencing blown fuses. The in-plant fuseholders were
recently rebuilt. Primary fuses seem to blow during events such as lightning, requiring
replacement. Two sets of fuses have resulted in extended troubleshooting and Sturgeon
and Xcel have changed fuse sized to reduce the dual protection dilemma.
There is only one Xcel primary service line to the plant, with the existing transformer and
the proposed new transformer being serviced by the single line. The anticipated UV
disinfection system at the plant in the next 3 to 5 years will increase plant load.
The Utilities Department has received bids for replacement of the transformer and switch
for the Allen filter Plant. A secondary transformer and switch is critical during various
events that create power outages from Xcel Energy.
The existing online transformer will become the backup transformer. Because of the 35
week delivery time, the Utilities Department will order the transformer and switchgear
now and bid the installation in early 2008. This will allow the new transformer to be
online by the summer, 2008.
Six bids were received. Granite City Supply, the apparent low bidder, did not meet the
specification requirements for the switch. HD Supply, the next lowest bidder, proposed a
Maysteel switch. Brown and Caldwell determined it was not an "or equal" to the
specified S & C switch and they did not supply the required bid form with their proposal.
HD's projected delivery time was 42 to 44 weeks.
Brown and Caldwell recommend the bid be awarded to MV A. Although they are not the
lowest bidder, they bid meet all bid requirements and are the most technically acceptable
bidder. MVA is proposing well know brands and has a lead time o f 35 to 37 weeks for
the transformer, which meets the projected installation time frame to be on line for the
high demand of the 2008 summer season.
' '
City of Englewood Bid Tabulation Sheet
Bid Opening Date: July 12, 200710:00 a.m.
ITEM BID: IFB-07-129 Transformer & Switch
Addendum
Vendor Y/N Transformer
Gorman Company
Dana 303-762-1123 Not noted No Bid
10465 Melody Dr Ste 215
Northgleen, CO 80234
Granite City Supply
Michael 617-221-1302 y $ 29,215.00
19 Quincy Ave.
' Quincy, MA 02269
Medium Voltage Supply
Jim 303-425-6111 y $ 28,684.00
5758 Lamar St
Arvada, CO 80002
HD Supply
Clay 303-988-6200 Not noted $ 31,426.00
10311 W Hampden Ave Ste A-109
Lakewood, CO 80227
Stuart C Irby Company
Frank 303-576-2656 y s 32,750.87
4720 Lima St
Denver, CO 80239
Consolidated Electric Dist.
Dyrl 303-623-1233 y $ 42,850.00
2405 W 5th Ave.
Denver, CO 80204
--
Medium Voltage
Switch Total Bid Exceptions:
$ 13,470.00 $ 13,470.00 See bid documents for details
Switch only
$ 10,800.00 $ 40,015.00 See bid documents for details
$ 17,551.00 $ 46,235.00 See bid documents for details
$ 11,678.00 $ 43,104.00 See bid documents for details
No Bid $ 32,750.87 See bid documents for details
Transformer only
$ 20,019.00 $ 62,869.00 See bid documents for details
I FB-07-129TransformerT AB .xis
Memorandum
To:
From:
Date:
Subject:
Cathy Burrage
Water and Sewer Board
Susan Werntz ~~\
City Manager's '\1J"
July 18, 2007 ·
Change of Date for the Annual
Board and Commission Appreciati0n Night
Attached is a memo from the Mayor and City Council changing the date for the
upcoming Annual Board, Commission and Authority Appreciation Night from
Monday, August 27th to Saturday, August 25th.
Please distribute this memo to each of your board members either at the next
meeting or through the mail. You'll still need to contact Sue Bradshaw by August
20th to give her the number of board members who plan to attend.
If there 's any question, please call us at 303-762-2310 or 2311. Thanks for your assistance!
TO:
FROM:
DATE:
RE:
MEMORANDUM
Englewood W:~?t Sewer Board
Bill McCormick , Operation Supt. -Utilities
August 1 , 2007
Brown Ditch Crossing Agreement for 2727 W. Union Ave .
, --, T A .
Dennis Parr, submitted a Brown Ditch Crossing Agreement to cross the Brown Ditch with a 1"
water service line at S . Decatur St. and W . Saratoga Ave . to serve his property located at
2727 W. Union Ave , Englewood , CO 80110.
Englewood will maintain the easement and the right to install, repair remove or relocate the
Brown Ditch at any time deemed necessary. The License Agreement will allow Dennis Parr to
cross the Brown Ditch and install his 1" water service line in the existing Brown Ditch
easement at a location acceptable to the Utilities Department.
The Licensee expressly assumes full and strict liability for any and all damages of every nature
to person or property caused by the point or points where the Licensee performs any work in
connection with the crossing provided by the Licensee. The City reserves the right to make
full use of the property necessary in the operation of the Brown Ditch.
BROWN DITCH CROSSING
LICENSE AGREEMENT
TIIlS LICENSE AGREEMENT, made and entered into as of the day of
-------, 2007 , by and between the CITY OF ENGLEWOOD, a municipal corporation of
Colorado, hereinafter referred to as "Englewood" or "City", and Dennis Parr, owner of2727 West Union
Avenue, Englewood, Colorado 80110 hereinafter referred to as "Licensee";
WITNESS ETH
The City , without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its
successor or assigns, to install a 1" water service line over the City 's Right-of-Way for the Brown Ditch.
Described on Exhibit A, consisting of two pages , attached hereto and made a part hereof, under the
following terms and conditions:
1. Any construction contemplated or performed under this License shall comply with and
conform to standards formulated by the Director of Utilities of the City and such
construction shall be performed and completed according to the plans approved by the
City .
2 . Licensee shall notify the City's Director of Utilities at least three (3) days prior to the
time of commencement of the coruitruction of, or any repairs made to, Licensee 's water
line so that the City may, in its discretion, inspect such operations.
3. Within thirty (30) days from the date of the commencement of construction of said water
pipe, Licensee shall complete such construction, place and maintain permanent, visible
markers of a type and at such locations as designated by the City's Director of Utilities,
referring to the centerline of the installation , shall clear the crossing area of all
construction debris and restore the area to its previous condition as nearly as may be
reasonable. In the event the placing of the centerline markers and the clearing and
restoration of the crossing area is not completed within the time specified, City may
complete the work at the sole expense of Licensee.
4 . City shall hav e the right to maintain, install, repair, remove or relocate the Brown Ditch
or any other of its facilities or installations within City's Rights-of-Way at any time and
in such manner as City deems necessary or convenient. City reserves the exclusive right
to control all easements 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 Licensee's sole
responsibility to determine the existence of said documents or conflicting uses or
installations.
7. Licensee shall contact and fully cooperate with City 's personnel, and the construction
shall be completed without interference with any lawful, usual or ordinary flow of water
through the Brown Ditch. Licensee shall assume all risks incident to the possible
presence of such waters, or of storm waters, or of surface waters in the Brown Ditch
8. All trenches or holes within City's Rights-of-Way shall be backfilled and tamped to the
original ground line in layers not to exceed six (6) inches loose measure to a compaction
of ninety percent (90%) Standard Proctor Maximum Density.
9. Licensee shall indemnify and save harmless the City, its officers and employees, against
any and all claims, damages, actions or causes of action and expenses to which it or they
may be subjected by reason of said water line being within and across and under the
premises of the City or by reason of any work done or by omission made by Licensee, its
agents or employees, in connection with the construction, replacement, maintenance or
repair of said installation. Licensee, for a period of one (1) year beginning on
--------·' 2007, warrants to City that the water line will be free from defects
in materials and will be free from defects in the installation of the water line into the
Brown Ditch Right-of-Way.
10. It is expressly agreed that in case of Licensee's breach of any of the within promises, City
may, at its option, have specific performance thereof, or sue for damages resulting from
such breach.
11 . Upon abandonment of any right or privilege herein granted, the right of Licensee to that
extent shall terminate, but its obligation to indemnify and save harmless City, its officers
and employees, shall not terminate in any event.
In granting the above authorization, 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 City.
IN WITNESS WHEREOF this instrument has been executed as of the day and year fir st above
written .
CITY OF ENGLEWOOD , COLORADO
Stu Fonda, Director of Utilitie s
LICENSEE:
STATE OF COLORADO )
L} ) SS . T~ COUNTY OF COLORADO )
The foregoing instroment was ocknowledged befo<e me this /~of ,ij'~
200_, by Dennis Parr as Owner of2727 West Union Avenue, Engle~ood, CoIOr ~
My Commission expires _3_~_1--T'?fa_/ I __ _
Witness my hand and official seal.
~~ NOtaTYPublic
'/'
/\/ Oeca. -\-a R s+.
-
0
I --
\) () I J: VQ
I I I ' 0 ........ l I ~ ~ s ~ &'1
l "' '-~ .. -t c ~ ' lj ~ ~ '""() 3 Q ... . Q ~
I J ,~ 3 3 \> -1~ ' ,...... " ~ ... c C6 ._ 6
M ~ r-r I 3 I -0 ~ vJ
I
I
I
l
•(Y)
'r-6
I
I
I
...
-'9-. I
. I
• C'C -
I I n-·1-.. . .j ,_ :r ....
' -~I .
) ..
> -OOj
. ..tJ
~ ) ~ I : ':)
l I 'v
I 4r I ~ ~
'"'
)
1 ~ \J
I : -0 ... . ,. v -> \A c ( ... ... -' -..J ... J \r-[. ,_ ....
~
-\-
\/) ,
~
+ Q!. ~
"" ..i I
" c
" I
9-;-· -
. 5 ~ --
~-1.
\il
~
Q...
0 ~
/J
($
3
I I I ft I r-
g:> I -
+-\) I I :r
~J. I
I I ~ I
'' '
0 ,· J I l I I ...
I I
I I .
....9
~
M \)
~
I I I I I I ,
I --{"')
.. --()
'~ 1
C)
I ({
41
IC'\-I I I I , ..
I I ., -' I .......
~"\)o. I
-
'
-)-
I I I I
4-'\)
I l
~ (
~-
1 I l
Q .J
I
~
I I I I
y, I j C(I _. '
d
: I~ l -.9
1
.. _
\I
J '1 l
-I I l V)
J J L
(~
' !~
Date
August20,2007
INITIATED BY
Utilities Department
ATT~ 5
COUNCIL COMMUNICATION
Agenda Item Subject
Denver Intergovernmental
Agreement -Transfer of
Water Service for 2270 &
2275 W. Chenango Ave .
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The original Intergovernmental Agreement for Transfers of Water Service between the City of
Denver and the City of Englewood was passed by Council October 1, 2001.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their August 14, 2007 meeting, recommended
Council approval by Resolution, using the existing Intergovernmental Agreement for the
Transfer of Water Services to allow the Santa Fe Drive Business Center located at 2270 and
2275 W. Chenango Ave. (approximately 4900 S . Santa Fe Dr.) to connect to Denver Water.
The Water and Sewer Board also recommended that the Director of Utilities be appointed to
sign such transfers in the future to streamline the process .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
ORIX Prime West, owners of 2270 W. Chenango Ave., Building E and 2275 W. Chenango
Ave., Bldg. D, are requesting that Englewood allow Denver Water to provide water service to
these two buildings located in Englewood. The majority of this development is in the City of
Littleton, already served by Denver Water.
Attached is a letter dated July 31, 2007 from ORIX Prime West requesting to connect to
Denver Water, a letter dated October 21, 2005 from City of Englewood to Denver Water
requesting Denver to serve this site under the existing agreement, a letter dated July 24, 2007
from Denver Water to Englewood agreeing to serve water to the entire site, per the existing
Intergovernmental Agreement for Transfers of Water Service between the City of Denver and
the City of Englewood and a memo dated July 31, 2007 from Nancy Reid, Assistant City
Attorney that discusses appointing a representative to sign future water transfer agreements.
In the original "Intergovernmental Agreement -Transfers of Water Service," it is stipulated in
the agreement, "the transfer must be approved by Englewood's City Council or their
designated representative ...... " It is requested that City Council allow the Director of Utilities
be allowed to sign these agreements to expedite tap transfers for both parties in future, similar
situations.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Resolution
Letter dated July 31, 2007 from ORIX Prime West
Letter dated October 21, 2005 from City of Englewood to Denver Water
Letter Dated July 24, 2007 from Denver Water to Englewood
Memo dated July 31, 2007 from Nancy Reid, Assistant City Attorney
Intergovernmental Agreement-Transfers of Water Service
July 31, 2007
Mr. Stu Fonda
Director of Utilities
City ·of Englewood
1000 Eng.[ewood Parkway
Englewood, CO 80110
ORIX Prime West Littleton, LLC
1873 S. Bellaire Street, Suite 500
Denver, CO 80222
,,
RE: Santa Fe Drive Business Center -Water Service
Dear Mr. Fonda;
As Administrative Member of ORIX Prime West Littleton, LLC (property owner) and pursuant to your
letter to Chips Berry of Denver Water dated October 21, 2005 (copy attached), please inform your board
that Qenver Wat.er wil.I providing services to. the two buildings on our site that are located in Englewood ,
The location of this development is at Chenango and Santa Fe and the legal description of the effected
p<Jrcel is: Lowe's of North Littleton Filing #2, Lot 1, Block 1-A site plan is attached for your use;
As you are aware, construction for th'is development has already begun. E:nglewood's quick response to
this agreement is appreciated ~ Please do not hesitat~ to call me should you have any questions,
Administrative Member
c
~~
.... ...
T y 0 F E
October 21, 2.005
Chips Barry
Manager of the Denver Water Department
1600 West 1i1i Ave.
Denver, Cok>rado 80254
N
OCT 2 5 2005
G L E W 0 0 D
..
RE : South Santa Fe Driv·e and West Belleview Avenue I Future Commercial Site
Dear Mr. Barry:
The City of Englewood Development Review Team is currently in the process of
reviewing the above planned development that will require water and sewer servi~e to the
buildings within the project. TQ.is commercial site is to be situated on the west side of the
4900 block of Santa Fe Dr. which is south of W! Chenango Ave . and north of the future
Lowes project off of Belleview Aye. (Please refer to the attached map) The r.eferenced
site is divided between the City of Englewood and the City ofLittleton. Sewer will be
provided to the development by the Littleton Interceptor Sewer Line .
It is the City of Englewood Utilities Department1s position that either the entire location
be provided water by the Denver Water Department or by the City of Englewood; not
partially by Denver and partially by Englewood. Given the fact that the bulk of this site
lies within the City of Littleton boundaries, Englewood is requesting that Denver assume
the responsibility for being the water purveyor for this eptire development project.
We ate asking that you respond to this formal request in writing at your earliest possible
convenience . If you have any questions or concerns specific to Utilities for this site,
please contact Jim Vetyser in the City of Englewood Utilities Dept. at 303-762-2646. All
other general questions should be directed to Anthony Ftuchtl fa the City of Englewood
Community Development Department at 303:-762,.2345 .
SinC'erely,
Stu Fonda
Director of Utilities
1000 Englewood 'Parkway Englewood, Cok>rado 8011 Ci Phone 303-762-2300
Co: Anthony Fructhl, C.O .E.
Jim Veryset, C.O .E.
Fred Bromberger, City of Littleton Utilities Engineer
Ben Woolf, Prime West Development
2
/
-I -~:
~
-p~·~ 7:~
-~·-~
. '
I':;
I .'' \I,
JU~/19 /2007 /THU 09 :45 AM Denver Water Sales
100 0
SCALE 1 : 1,522
100
~E:ET
200
FAX No . 3036286046 P. 004
I I
L I_~ .____.______,___
300
90
~
120
60'
4 • PIN &. YELLOW
:1 LS. NO. 27609
Tt0 OTHERWISE
' '
VNPUJTTEP
' ' '
463.26'
' ' '~ ', LOT2,
................ '-....""'' 173,219
................ """", ", 3.97f
', \ \
LOT 3 , LOCI( 1,
106,954 QUARE FEET
2.50 2 ACRES
\ ' \
\ \ I I \
I I Of" L
I / ' ! ! 25' p L-:4' ; \ \ \ -I , \
\ \' \ '
\ ' ' .. ', ~
"-,
JUL /24 /2007 /TUE 02:24 PM Denver Water Sales
DEN ER vVATER
1600 West 12!h Avenue· Denvi:r, Colorado 80204·3412
Phone 303-628-6000 ·Fax No. 30.l-626-6199 · www.denverwater.org
Jnly 24, 2007
Mr. Stu Fonda
Director of Utilities, City of Englewood
1000 Englewood Parkway
Englewood CO 80110
FAX No. 3036286046
RE: Santa Fe Drive Business Center: 2270 & 2275 W Chenango Ave.
Dear Mr. Fonda:
On October 21, 2005 you sent a letter to Chips Bany, Manager of Denver Water
regarding water service for a development in the 4900 block of S. Santa Fe Dr.
The property is now being developed and Denver Water has water plans on the site.
P. 001 /00!
As a majo1ity of the development lies within the City of Littleton (Total Service Contract
14)i Denver Water agrees to serve water to the whole site pursuant to the September 4,
2001 Intergovernmental Agreement.
Sincerely,
G.T. Malmberg Jr.
Sales Administrator
Denver Water
MEMORANDUM
TO:
FROM:
DATE:
Stu Fonda, Director of Utilities
Bill McCormick, Utilities Operations su6e"rintendent
Cathy Burrage, Utilities Department ~JJ
Nancy Reid, Assistant City Attorney /(JA_ ~
July 31 , 2007
REGARDING: Your inquiry on the necessity of taking'transfer of water service agreements to
Council.
The transfers of water service between the City and the Denver Water Board was authorized under
Ordinance No . 59, Series of 2001. The Ordinance adopts the Intergovernmental Agreement on
transfers of water service. The Agreement itself provides:
• Paragraph 1 -" ... The transfer must be approved by Englewood's City Council or their
designated representative and the Manager of the Denver Water Board, using a form to
be developed by the two parties."
There is no evidence that the Englewood City Council has designated someone to sign those
transfers instead of the City Council itself. Therefore it is recommended that this go to Council.
There also does not appear that a form has been developed for such transfers. If you feel that this
process would be streamlined by having a designated representative appointed to do such
transfers in the future. I would recommend that you include that in your Council Communication
so that the Ordinance as states would approve this transfer and to appoint someone, either the
City Manager or the Utilities Director to sign these agreements in the future.
NNR/NF
JUL /19 /2 007 /THU 09:44 AM Denver Water Sales FAX No. 3036286046 P. 002
· ..... :. ,_
~ .. :• .. ·· .. \' . Please reterenee th& follow~
number on all~ o~mants.
Contract# ~ L'Pt
This Intergovemm~tal .Agreement is entered hlt.o ~ ~ day of~~
_ __.. 200 l, bclWccn the Clfy and Cotmty of De:om, actlng by and through 1ts Board of Water
Co~onctS rBoard"), a mumc1pal corporation of the State of Colorado, cwd the City of
Englewood (•Englewood1. a tnunicipal CO?"poratton of the State of Colorado.
WHER.&AS. the Board operates a rnuntctpal water supply system that provides water t.o
custom~ in the Board'& Combined Servtc:e Area: and ..
WHEREAS, l!!nglewood operate; a municipal watet-supply system that provide$ water .for its
residents and others. as deternlined by Englewood's City Council: and
WHEREAS. a portion af Englewooc;1'5 eervice arca.11~ within the Board's Combined Service
Area, so that tbe two service ueas overlap tn some areas and also .share common boundary
lines; and
WHEREAS, 1n those overlapping areas and 1n certain areas near those common bcunda?y
lines, customers loca.ted Within Englewood's or the Be>ard's service area., respectively, could be
served mo:re e1f1c1ently by facruties owned by the other entity; and
WRE.REAB , the tral1$:fr:r ofwat~r s~ce for certam customers from one eo.tlty to the other
would ellmtnat:c the need for expensive and duplicative d:l.sWbutlcm. :fa.c:lllties and would also
p:roV1de better sef\'i.ce to those customers: and
'WaEREAS. eooperauon mnong local governments to provide services is encouraged by
Article XXV-, Sectlon lB(2)(aJ of the Colorado Constitution: and
WHEREAS. Eoglewooo a.nd the Boa.rd wish to proVide a mechanism to accomplish the
framfcr of water .service of cu.stcmcr:i between the two entitles whenever such a. transfer would
be mut\1ally bc1:1eficial .
NOWTHEREFORE, Englewood and the Board ape as follows:
l
2.
3.
~sf er of water Si:m9~. The transfer or taps from water service provided by
Etlglewood or the Board to water service proVided by the other entity ts hereby
authctiied. The transfer mu.st b~ approved by Englewood'<; C1t'.t CoU!'...cil or their
deslgp.at:ed representative and the Mcmagcr of 1be t>enver Water Board, using a form
to be developed by the two parties.
I[illnsfm;!m~ Enti~. Tlle b'anlifcnhl.g ent1cyo Will be responsible for provtdillg
nottce to the customer whose tap is being tnmsrcncd 1md for the co:st of ph;yzsical
connecti.oM required to allow water to be supplied by the receMng entity. This
shall include the transfer of ddst.fng water 'tD.eters. .
&s:cMng Entlcy. After the physical connection Is completed. the receiving entlty
will provide water service to the transferred tap, and bill the customer accordingly.
JUL /19 /2007 /THU 09:45 AM Denver Water Sales FAX No. 3036286046 P. 003
! -:. • ..
4. fll!mcnt Qf Tap Fees. It is iuiUC1pated that the Board and EngI~ood 'Will tran.sfer
customers betwcca. themsehrcs on numerous occasions, and. that payi:nent of tap fees
for each transacUon would be burdewsome.. Th~ore. the parties agree to perform
an amiual recoaiclliation to detcrmiDe U' either party aw~ ta.p fees to the otber. At
the cud of cacb. calendar yeu in which water service has been tran6f'erred under tlUs
.Agreement. the Board and Englevrood Will convert the taps each has iJ:'lm!lferred into
S/ 4 :inch cqWn.Jents, accordh:ig to the table a.ttacbed as Exhibit A. 1f one mtlty has
transferred more equtvalents than the other, then that enf;!.ty will pay the then-
current tap !ee charged by the oiher for the number of c:zc.ccss 3/ 4 mch equivalents.
5. Awgoment Ndthcr party eba.ll a8.sign my of its tights and duUcs nndcr this
.Agreemellt without the wr:tt:ten consent of the other parey.
6. AppltC!!ble Laws. ~Agreement shall be go~d by and shall be construed in
accordance With the Ct:lnstitut1on and laws of the State of COlorado.
7. ]'erminotipn, '11li& Agreement shall remain l.n force rmlil termination by either
party wtth sixty (60) dayx' notice.
Cl'IY AND COONIY Or DENVER.
A.ctmg by and through lt.s
BOARD OF WATER COMMISSIONERS
REGl'.SrERED AND COUNTEMIGNED:
Donald J. Mares. Auditor
Clfy and County of Denver
Date
August20,2007
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
City Ditch Easement for 3066
S. Sherman
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
''
Council approved Grant of Easement for 3066 S. Sherman St. on November 6, 2006
RECOMMENDED ACTION
The Water and Sewer Board recommended Council approval at their August 14, 2007
meeting License Agreement and Construction Agreement for 3066 S. Sherman St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Property located at 3066 S. Sherman St., owned by American Homes, LLC -Emilie A. Hogy,
owner has submitted a License Agreement and Construction Agreement for placing decorative
rock on a portion of the City Ditch retaining wall and removing an existing fence in the City
Ditch easement that runs diagonally east to west spanning the property.
The existing wall and fence were needed to protect the right-of-way from trespassers and
prevent illegal dumping. The new homeowners will be responsible for maintaining the right-of-
way. Decorative rock will improve the concrete wall appearance. No trees will be planted in
the City Ditch easement.
Englewood's City Attorney has reviewed and approved the license agreement and
construction agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
JUL-24-2007 TUE 10:00 AM COE UTILITIES FAX NO. 3037836894 P. 02
._..:.. ..... -.. -·····-·
LICENSE -CITY DITCH CROSSING AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this J ~ day of
Auq c.2o=JJ._, by and between t~.e CITY OF EN~L~~OOD . a municipal
corporation of the S,t;:i.te of Colorado, herem referred to as C1ty , and
A ME:.RI CAN HOM Es.I. LLC-
herein referred to as "Licensee'.
WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby
authorizes Licensee, its suc~sor, assign;,.. to install a fi:fiJ If A 7T ~ C... H E D P<
{\JEX H JBJT A 11 cove IC. ~xts.71t..J0 ·creer-G' Vi Au... WrrH ..).tc:itJG'
O'fer the City's rights-of-way for the City Ditch, described as a parcel of land situated in the_
LV a 19-f H EA s -r Ci?Ll A 1~"'( e R , , of Sedion 3~ ,
Township ~ ~6Yl'Etf Range lo 'C{ w~ :sr of the
Stxrl-1 P, i;= Plf Iv\ ERi D IA-IJ P.M ., County of Arapahoe, State of
Colorado described as follows:
)_o ·rs J ~ 1 I '1 A 1-l D ( <6 1 B t-.o Cf< (p .J S-rR AYER:::;,.
bf(ofl-'DWA )I f/GJ &ft-TS
The above-described parcel contains </ 3 7 S S,. p, . more or less.
1. Any construction contemplated or performed under this License shall comply with and
conform to stari.dards formulated by the Director of Utilities of the City and such conatructi.on
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.
3 . Within thj{ty (30) days fr9Ji!l the date of the commencement of construction of said
SrorJe <.!:o\Jgf(Eo uoPcf?EIE WALL --
the Licensee .sh.all complete such construction, place and maintain permanent, visible
ma.l'kers, of a type and at such locationsas designated by the City's Director of Utilities,
referring to the centerline of the installation and shall clear the crossing a1·ea of all
construction debris and restore the area to its previous condition as near as may be
reasonable_ In the event the planing of the centerline markers and the clearing and
restoration of the crossing area is not completed within the time specified, the City may
complete the wo1·k at. the sole expense of the Licensee.
·1 ... The City shall have the right to lllaintain, install, rnpari, remove or relocate the City
D1tc~ or any other of its facilities or installations within the City's rights-of-way, at any time
and m such manner as the City deems necessary or convenient. The City reserves the
JUL-24-2007 TUE 10:01 AM COE UTILITIES FAX NO. 3037836894 P. 03
exclusive right to control all easements and installation$. In the event the $."yo,o e: C,Vei2.E o
CotJc. RGTg WALL should interfere with any future use of the City's rights-of-way by the
City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove
its installations so as not to interfere with any such use .
5 . AJw repair or replacement of an.y City instnllation made necessary, in t~opinion of the
(.:jty's Director of Utilities because of the construction of the S:.-ro f\J G <.!ou 61<-:.. E. O
{.l_o;J elf:_ FYG. \I\/ ALL or other appurtenant
installation thereof, shall be made at the sole expense of the Licensee .
6 . The stipulation and conditions of this License shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract basis.
7. The rights and privileges granted in this License shall be subject to prior agreements,
licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole
responsibility to dete1·mine the existence of said documents or conflicting uses or
installations.
8. The Licensee shall contact and fully cooperate with the City's personnel and the
construction shall be completed without interference with any lawful, usual or ordinary flow
of water through the City Ditch. Licensee shall assume ail risks incident to the possible
presence of such waters, or of storm waters, Ol.' of surface waters in the City Ditch .
9. All trenches or holes within the City's rights-of-way shall be bach.-fllled and tam.pod to the
original ground line in layers not to excee six (6) inches loose measure to a compaction of
ninety percent (90%) Standard Proctor Maximum Density .
10. Licensee, by acceptance of this License, expr4essly assumes full and strict liability for
any and all damages of every nature to person or properly caused by water from the ditch
leaking through the ditch banks or pipeline at the point or points where the Licensee
performs any work in connection with the crossing provided by this License . The Licensee
assumes all responsibility for maintenance of the installation.
11. LiceOBee shall indemnify aud save harmless the City, its officers and employees ,
against any and all clalln.s, damagtes, acctiona or causes of actioA and exp(fses to which it
o:r. they may be subjected by i·eason of said FX Is -r I tJ & ~ cry o Al c<ee re-
VVAL L orJ '/.) rrcw G"AsfJyleNr <1.CJyGRE:P Vll 1 l/t Srot{G'
being within and across and under the premises of the City or by reason of any work done or
omission made by Licensee, its agents or employees, in connection with the construction,
replacement, maintenance or repair of said installation.
12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the
City may, at its option, have specific performance thereof, or sue for damages resulting from
such breach.
13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that
extent shall terminate, but its obligation to indemnigy and save harmless the City, its
officers and employees, shall not terminate in any event.
In granting the above authorization, the City reserves the right to make full use of the
p:roperty involved as may be necessary or convenient in the operation of the water works
plant and system under the control of the City.
-2-
JUL-21-2007 TUE 10:01 AM COE UTILITIES FAX NO. 3037836894
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 da.y and
year first above written.
CITY OF ENGLEWOOD
Stewart H. Fonda
Director of Utilities
City of Englewood
Chai.nnan
Englewood Water and Sewer Board
has read the The undersigned officer of A {'1), EK: f CA-J /-/o MES-. LLc__
fofegoing License and a-r;rpes for an o. n behalf of said
-!.A--=-..!,M___._E....;.......:_R...!...!....:/ C=t...AL..L.1...::.\J--L..fj{;..!.::.0~1...1-=-i --=c:;:=-s_,,i..... _L=Lc._:.....::::....,...___ _______ ----'. that it will
accept and will abide by all the term~ and conditions thereof
LICENSEE:
Notary:
My commission expires:
ANITA L. SCHULTZ
NOTARY PUBLIC
STATE OF COLORADO ;
My Commission Expires Aug . 04,-2008
P. 04
CHAIN LI
FENCE
LOT 14
LOT 15
~
EXHIBIT "A"
LOT 16
_ALLEY .
East property line
s ·AA YER~s a OADWAY H lGHTS
BOOK A I PAQE 01
LOT 17
~---~ Dl1CH ltNTE~-lrNE BLOCK6
= ... l .... -
LOT 18
i x
awn link fence
tobenmoVed
Existing Concrete Wall which commences 31' south of the north property line and
ends 43' south of the north property line to be covered with the same stonework as
shown on the home illustration in photo 3 of Exhibit "B "
3066 SOUTH SHERMAN STREET
JUL-24-2007 TUE 10:01 AM COE UTILITIES FAX NO. 3037836894
TEivfPORAR.Y CONSTRUCTION EASEMENT
This Temporary Construction Easement (the Temporary Easement) is entered into
this _L day ofA-41 £3667 by and between the City ofEnglewoo~, Colorado, a
municipal corporation qf the state of Colorado, acting by the through its Water and Sewer
Board (Granter) and AME.f?. ICA tJ t/o fVi ES:. LLI'
(Grantee). ~~~~~~~~~~~~~~~~~....-'-~~
WHEREAS, The City of Englewood owns a right·of~way for the City Ditch, a carrier
ditch (City Ditch ROW) which is located as described .on Exhibit A.
WHEREAS, N\Gl? 1c.AtJ Ht::J/lliES LLc_ desires to install a .$70/lfe" (16V i=e 1 (Uq
OVER Fx1s-n1.JG-atvCf(ETLEE WA-LL withintheCityDitchROW
pursuant to a license between the parties.
NOW, THEREFORE, In consideration of the mutual covenants of tbe parties,
more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby
acknowledged, it is agreed as follows:
l. TeJ;\orary Construction Easemen~. Englewood (as ?rantor) hereby ~ants
to _Vi f:!'R:.l<::_AtJ HOMes·. Li.c. (as Grantee), its successors, assigns,
contractors, and sub -contract;rs, a non-exclusive temporary construction
easement through, over, under and across the City Ditch ROW for the
installation ofa S-1c;FJ ~ <!.6V/3R OVER_ ~X/ST/NC-GoJJc..RgTc= WA Ll pursuant to a
license agreement (the Project).
2. Term of Easement. The Project will begin no sooner than~t.t~ /0, .;lcoz and
will be completed no later than:'Ju-1c . .:<p".7-Completion ;the Project
will be deemed to have occurred upon iii'spection and approval of the Project
by Grantor and this Temporary Easement will be deemed to have terminated
upon such completion.
3. Access. Grantee shall have the temporary non-exclusive right to enter the
City Ditch ROW for any reasonable purpose necessary or prudent for the
construction of the Project subject to the following restrictions: I) nonnal
working hours shall be consistent with CDOT construction bours, Monday ·
through Friday and 2) the operation of equipment and heavy trucks will be
pennitted on the Englewood City Ditch ROW only during normal working
hours.
P. 05
JUL-24-2007 TUE 10:01 AM COE UTILITIES FAX NO. 3037836894
4. Restoration. Upon completion of the Project, Grantee will pertorm 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 permitted 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. Liability. Grantee hereby acknowledges that it understands that there is water
flow in the City Dirch from April 1 to November I 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 ·
consnuction activities.
7. Insurance. Grantee shall maintain in full force and effect a valid policy of
insurance for rhe Project in the amount of $600,000.00 property coverage and
$600,000 .00 liability coverage. Grantee funher 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 panies hereto have executed this temporary
construction Easement on the date and day first written above.
P. 06
JUL-24-2007 TUE 10:02 AM COE UTILITIES FAX NO. 3037836894
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.
CITY OF ENGLEWOOD
Stewart H. Fonda
Director of Utilities
City of Englewood
Chairman
Englewood Water and Sewer Board
The unders~gned officer of A M GR I CA iJ f-f-of'I\ es. LLc_
fqegoing License and agrers for an on belµlf of said '
has read the
*8___._._M~l?_R._,,' '-'-1c:..~A:~rJ_-:..--H=-t.O-'-N....:.\_;.e-_s-J_l -=LL:;__..::::L""'"---------that it will
accept and will abide by all the tenns and conditions thereof.
LICENSEE:
Notary:
My commission expires:
ANITA L. SCHULTZ
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Aug . 04, 200S
P. 07
Date
August 20, 2007
INITIATED BY
Utilities Department
A T T. 7
COUNCIL COMMUNICATION
Agenda Item Subject
Grant of Easement for the
Water Line to Zuni Water
Tank and Quit Claim Deed
for Curb & Gutter.
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their August 14, 2007 meeting, recommended
Council approval by ordinance of the Grant of Easement and Quit Claim Deed for the Zuni
Tank water line and a Quit Claim Deed for 2890 S. Zuni St. for curb, gutter and access .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Currently, the City of Englewood does not have an easement for the water line going into the
City's Zuni tank . The right-of-way for the water line should have been executed in 1960 when
the property , an old fire station, was sold and the water tank was constructed . The Grant of
Easement and Quit Claim Deed is to correct this situation by the Grant of Easement from the
property owners in exchange for a Quit Claim Deed for their access , curb and gutter. The
owners plan to fence in the property and give access for the water line easement by installing
a gate large enough for backhoe and dump truck access. The proposed easement is
approximately 20 ' x 72 '.
FINANCIAL IMPACT
Ten dollars to John & Julie McGrath for consideration noted in the Quit Claim Deed .
LIST OF ATTACHMENTS
Ordinance
Bill for Ordinance
Grant of Easement and Quit Claim Deed
GRANT OF EASEMENT
THIS GRANT of Easement (this "Grant") is made this_ day of , 2007 , by
JOHN J. McGRATH and JULIE K. McGRATH ("Grantor") as the Owners of 2890 South Zuni
Street, Englewood, Colorado 80110 , whose address is 5265 South Y oungfield Court, Littleton,
Colorado 80127-1502 , in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is
1000 Englewood Parkway, Englewood, Colorado 80110 .
The parties co venant and agree as follows :
1. Easement Property. The "Easement Property" shall mean the real property located in the
County of Arapahoe, State of Colorado , more particularly described as a 20 foot
easement, ten feet (10') on each side of the centerline of the waterline running from the
Zuni Water Storage Tank to the Zuni Street Right-of-Way, as shown on Exhibit A ,
attached hereto and incorporated herein by reference .
2. Consideration. As consideration, Grantee has given Grantor ten dollars ($10.00) and
other good and valuable consideration, including an exchange of easements, the receipt
of which is hereby acknowledged by Grantor
3 . Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns , a
perpetual easement over, under, across and through the Easement Property for the
purpose of constructing, operating, maintaining, repairing, replacing, removing,
improving and enlarging a water main from the Zuni Water Tank.
4 . Access. Grantee shall have the perpetual , nonexclusive right of ingress and egress in, to ,
over, through and across the Easement Property for any purpose necessary or desirable
for the full enjoyment of the rights granted to Grantee under this Grant.
5 . Restoration . Grantee agrees that after the construction, maintenance, repair, replacement
or enlargement, if any, for the water main, Grantee shall restore the surface of the
Easement Property as nearly as possible to the grade and conditions existing immediately
prior to said construction, maintenance, repair, replacement or enlargement, except as
may be necessary to accommodate the water line . Grantee further agrees to replace any
topsoil removed from any cultivated or agricultural areas on the Easement Property and
to remove any excess earth resulting from said construction, maintenance, repair,
replacement or enlargement, at Grantee 's sole cost and expense.
6. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan
any "Improvements ," as hereinafter defined, on the Easement Property without obtaining
the prior written consent of Grantee . "Improvements " shall mean any structure, building,
planting, trees , shrubbery, or garden other than a grass type lawn or asphalt parking
surface. Grantee shall have the right to r emove , without any liability to Grantee, any
improvements constructed, erected, placed or planted on the Easement Property without
Grantor's having obtained the prior written consent of Grantee. If such prior written
consent is not obtained, Grantee shall not be responsible for repair or replacement of the
Improvements if they are damaged during construction, maintaining, repair, replacement
or enlargement.
7. Subj acent and Lateral Support. Grantor covenants and agrees that Grantee shall have the
right of subjacent and lateral support on the Easement Property to whatever extent is
necessary or desirable for the full , complete and undisturbed enjoyment of the rights
granted to Grantee under this Grant.
8. Rights of Grantor . Grantor reserves the full right to the undisturbed ownership, use, and
occupancy of the Easement Property insofar as said ownership , use, and occupancy is
consistent with and does not impair the rights granted to Grantee in this Grant.
9 . Abandonment. In the event that Grantee shall abandon the rights granted to it under this
Grant, all rights, title and interest hereunder of Grantee shall cease and terminate, and
Grantor shall hold Easement Property, as the same may then be, free from the rights of
Grantee so abandoned and shall own all materials and structures of Grantee so
abandoned, provided that Grantee shall have a reasonable period of time after said
abandonment in which to remove any or all Lines and Appurtenances from the Easement
Property. In the event that Easement is abandoned by Grantee, Grantor shall have the
right, at its sole option, to require Grantee to remove or neutralize any improvements
constructed in the Easement by Grantee .
10 . Warranty of Title. Grantor warrants and represents that Grantor is the owner of the
Easement Property and that Grantor has full right, title and authority, to grant and convey
to Grantee the Easement. Grantor further covenants and agrees to indemnify, defend and
hold Grantee harmless from and against any adverse claim to the title to the Easement
Property by all and every person or persons lawfully claiming or to claim the whole or
any part thereof.
11 . Binding Effect. This Grant shall extend to and be binding upon the heirs, personal
representatives , successors and assigns of the respective parties hereto . The terms ,
covenants, agreements and conditions in this Grant shall be construed as covenants
running with the land
IN WITNESS WHEREOF, the parties hereto hav e executed this Grant of Water Line
Easement the day and year first above written.
STATE OF COLORADO )
) SS .
COUNTY OF ARAPAHOE )
Acknowledged before me this ~O day of ~ ,2007 , by
John J. McGrath and Julie K . McGrath as the Owners~ outh Zuni Street, Englew od,
Colorado 80110 .
My Commission expires:
TRACY MERRITT
NOTARY PUBLIC
STATE OF COLORADO
MY COMMIS SION EXP'IRF.S :3/23/2009
QUIT CLAIM DEED
SOUTH ZUNI STREET
EXHIBIT2
TillS QUIT CLAIM DEED is made this day of , 2007, between the
City of Englewood, Colorado, a municipal corporation duly organized and existing under and by
virtue of the laws of the State of Colorado, Grantor, whose address is 1000 Englewood Parkway,
Englewood, CO 80110 , of the County of Arapahoe, Grantor,
and and , whose address is 2890
~~~~~~~~~-
So. Zuni Street, Englewood, CO 80110, County of Arapahoe.
WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars
($10 .00), the receipt and sufficiency of which is hereby acknowledged, has remised,
released, sold, conveyed and QUIT CLAIMED, and by these presents does remise,
release, sell, convey and QUIT CLAIM unto the Grantee, their heirs and assigns forever,
all the right, title, interest, claim and demand which the Grantor has in and to the real
property together with improvements, if any, situate, lying and being in the County of
Arapahoe and State of Colorado, described as follows:
Parcel 1: The 5.5 foot easement recorded in Book 2328 at Page
419, in the records of the Arapahoe County, Clerk and
Recorder.
Parcel 2: The north eighteen feet ( 18 ') of the property located at
2890 South Zuni Street, Englewood, Colorado and
shown on the attached Exhibit.
TO HA VE AND TO HOLD the same, together with all and singular appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining with the exception of said
18 foot easement and conditions attached thereto, and all the estate, right, title, interest and claim
whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of
the grantee, their heirs and assigns forever. The singular number shall include the plural, the
plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has caused its name to be hereunto subscribed by
its Mayor, Olga Wolosyn, and attested to by its City Clerk, the day and year first above written.
CITY OF ENGLEWOOD, COLORADO
ATTEST:
Olga Wolosyn, Mayor
Loucrishia A. Ellis, City Clerk
(J) p
N c
z
(J)
:-i
. TO SCALE"
--t><l-
0
of:>_
."'O
r
111 TAP
I'\)
CD
<.D
0
N
20 1 R.O.W.
CITY SALE TO HAYNIE"
BOOK 2291 PAGE 484
W. BATES AVE .
---~-_._._... ... _____ ..__.--..._ ..... -~------·"' --_,_
~
I ,
.(}'
0
I -1;
fi\ ,
[
! [I\
i tfl l-{
·t}·J r ·,
J? -\
If~
I .r!'\ I~
<
(11
-J \ .. nr11fa--\J\ -cc: rj x:..-t:OV\
-l
.Q_ l I ·' 1 1t I l•\:lf\ ' . . .. , , . I .I •. ' I I .. ". ' ' -,. ""'{ ' --· "I I .. ' -·'·· --. '•·'>:L -'\ --.,<~...::::--T ; '' -,; C.'i·: "lJ . . .. .:-. .;) 7 / ··--; ·r·1'--!-'--'-!--.I ---. t , .,. ,,.,,.. \j I
,;i) <") '·.:.....::.:· _/ -l ,· . ···:,-,-; , .. _(,, ::: ... z ·.: .(. . ,. :;',; \ .. t ; ·---01
,, -. ' --'" ' r\-. -. ., \ -;
---~
:<• r-I\\ if\ N t 1: i :i ;u ; 6\tiiiii ' ' < . ~ It \ii
-(;:·I ~; 0
"Ul-lJ 1 n: :"\F{•t:.u .f_ -..-1 Iii ~J~ c_l~
f:; -, ;.. o-o ~ 1
. _; : jJ I s "l·.::1 ~; · o 11 ~< r-. . ~ S-11 ~ m !~
i;-, I 4 :. ::. • 1·· , . ·' '1 ' --< . . ._ ... -, v' ,;J1-:1 h'
. -._ ~ -·-· l . \, ::..--'"'-TIU±-: -.. v {t;;:; 1,\ ~ .['-{~' ';:_" ~-. -~ .. ·--:-~ ' . I .. , . i1 :t.:iBIF-r+4 -r,.,-,_ . -<J' )ir I" --l \j• !:-~-f.\ ';11 . 'I -' f . '-H+rn .c ·.-r-t ' . . . ~ I .... , ~I\ r ..J r--~< ··. 1 · . ·\ · · --i --:c .cc:-::-~,_-{;I ti I;\ -;::\ ~ 11, ti
7
'-~ . "'I . I ' ' ---. . -·' J ~ ... (.\ ., [ ) · 1 •. , ,... ...-. I .. ---I -1 ·1 ' " "" 6' --. -.. ·. . -' _,__ ~ .. , t. -I J-
1
·, I · ·\ 1 ·.Y · •. t~:) •\ J I ! -:'., n_-~1 ! · ·, -!_-~ \s ;: ' ::-ii' -' i~
0
u;
" .l. .. ' J '· .)... ·-· I .. :! m ~---\ .. ,;-' '.-!_, ··I . f'l 0 -<. \ •. ·> ----' _. r'T, -., ----.. T -I_ -· --:---·:--· -·f1 · <._ · ~;' · · _...;,, 1.,,7' .:: '.·: -'· u -;:: ,_ O ti
--; ':":~·~ \ .§ • ~ --; ., 'i\ ~. •. · • l-i •• J'... ::..:. · -=-~---·-~:: '{, . I • • I · J .,, I .ti --._:,. ----~ ,,.,__.
1·, 'r r :~·~ ' --• . . ,·:· t,/I ,-=;':. ·-.. --~":;:;'"J-~ ...... ~.
' k -\ i "ii (') ''l "-==·· -<J• 1· ' ~--·11 F· . '. I . ,--I~ ~ -
--1 , o_:i , . _ --1: ---· ·f j . J-.• I . . q:::_ m_ --=""' o _ -'--l\'i
-.:.,. •.. ,---ii-•• ~ r\ f ' ··:"i \ H j. "-.... ·-~ -~ .. _ (' I··· J 1-t (.~ :· ;-_\; --;-, l'i'\ '-
1
\1 ..... (jl-\
· 1 · ,. ': J '! .... ·1 w • • ' lv.\ -rn rr1 . . .-. "· ' .. "" -· ''-" ' ... I : .l : -~ --I It-I' -;::\ "··1___:__·._.· -· -I ~
1
{)
r '-~~
I c:...._ \J~ lJ . ·t >-41 ? . ~ ,;;
. "'l J r f\\J ,G,I~
-J
_, .,
.'·. ,
,.. I
·:: I
.,
·~ I
1-<•· -
)( ,• : I I r U\'>( I . ~ »
tJ -\h . L't T:? ~ ' IJ> !J j'I q o'-I . . 'See ~1;
(}'-
~
' .... -;;·~1 1 . ·~ :: I \ ".. (,. . :· I • I ~',. r•. -~ ['"
'\· .l!-f-'. ~~ , , , ~ .
/ \ ~··: ~J ---t:::.~
~
--< t [)
~ [\\ =i
fl j-\J -z
cJ ~ ):>'
;fJ t; ..
F1 ~-\
)> f ~\
-l
~
jf
A -r T ~ 8
c T y 0 F E N G LEWOOD
News Release
For Immediate Release: August 1, 2007
Media Contact: Bill McCormick, Water Operations Superintendent
303-762-2652
Englewood residents to experience drop in water pressure
August 7 due to water transmission main repairs
West Layton Avenue will be closed August 2-10 for preparation and cleanup
Englewood, CO: Englewood's water customers are likely to experience a drop in water pressure
for approximately 12 hours on Tuesday, August 7 as a result ofrepairs on a large water transmission
main outside Englewood's Water Treatment Plant. Repairs are expected to take place between 9 am
and 9 pm on Tuesday. Two primary valves must be shut down in order to perform the repairs, and
customers are likely to experience discolored water along with a drop in pressure.
Customers are asked to curtail all outside watering during this time, and limit nonessential
inside water use . If customers experience a complete pressure drop (i.e . no water) during this time,
they are asked to report the problem to the Englewood Utilities Department at 303-762-2635 .
In preparation for the project, West Layton Avenue will be closed to traffic between South
Windermere Street and South Mariposa Street beginning the morning of Thursday, August 2. The
street will remain closed until the project and follow-up street repairs are completed (tentatively
August 10). While traffic delays are likely to be minimal, drivers are encouraged to find alternate
routes during this time.
Crews will work as quickly as possible to make the repairs and restore the water pressure to
normal ranges. The Utilities Department thanks customers in advance for their patience during these
necessary repairs.
#
1000 Englewood Parkway Englewood, Colorado 80110 Phone 303-762-2300
www.englewoodgov.org
CDM
ll3117th~tre<t,Su i l~ 1200
Dt!r1 v<•r, C o l o 1~d o l!Co2'U2
1~1 . l{i ~. 29·8 · u 11
f~=t)(: ){rj. i9) · 8i 36
August 2, 2007
Bill McCormick
Operations Superintendent~ Util.ities
City of Engle-wood
1000 Englewood Parkway
Englewood, CO 80110
Subject: Emergency Pipe Repair at the Allen \l\/TP
City of Englewood, Cok>rado
Dear Mr. f\kCormick:
,.
Eodosed is the Not to Exceed Estimate for the repair to the ~vater line under Layton Avenue just m)rth
of the Al.lcn Water Treatment Plant The amount is based upon CDM project management time,
petmits, maintenance bond, geotochnkal services during the excavation, Mountain Man Wdding's
estimated ti.me for fabrication of the plate lo be welded to the 30" pipe cross, and the Garney
Construction estimate of daily costs for lahor and equipment.
CDM bclievf'S the actual cost of lhe repair work wiU be substantial]}' less than $50,000. However with
an excavalion to this depth (25 ') in saturated soils, it is impossible lo estimate the amount of time and
effort nl"<:'l~ssary to ex.cavate and repair the pipe. CDM will make every effort to keep the costs to a
min.imum while completing this n~p~it work as quickly and efficiently as possible .
CDM appreciates tlle opportunity ltJ be of .,ssistanc-e and work with the City of Englewood on this
emergenq' repair and we look forward lo assisting with any future ncC'ds of thC' City of Englewood .
Since~!~) flj E'l JJ..~~
Michael Gordon
Project Ma:nager
COM Conslruclors Inc.
l'.3-'11170• Street, Suite 1100
Denver, CO 8()~02
consulting -engineering -construction -operations
Owner: The City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
Contact: Bill McCormick
Phone: 303-762-2652
COM Constructors, Inc.
133117th Street, Suite 1200
Denver, Colorado 80202
Office: 303-383-2470
Fax:303-298-9886
Project: Emergency Waterline Repa i r
(Allen WTP)
Date: 8/2/2007
Plans: N/A
The following is a not-to-exceed cost estimate prepared for the owner, City of Englewood, to repair a
damaged waterline at Layton Ave. & Windermere St. (Allen Water Treatment Plant). The estimate includes
all costs, within the agreed upon scope, associated with labor, equiprnent, and materials. The general scope
of work includes the following: utility locates, bonds & permitting, geotech investigation, excavation/shoring,
pipe repair, and backfill & compaction . If you need more i nformation, please contact CCI's Project Manager,
Michael Gordon, at (303) 383-2333 or CCI's Project Engineer, Tom Evans, at (303) 383-2344. We look
forward to the opportunity of working with The City of Englewood on this project.
Emergency Waterline Repair (Allen WTP} -
Not-To-Exceed Cost Estimate
ITEM DESCRIPTION I QTY I UNIT I UNIT PRICE I EXTENSION
1.0 MAINTENANCE BOND & PERMIT FEES
1.1 MAINTENANCE BOND & PERMIT FEES 1 LS ~ 1,000 .00 ~ 1,000.00
ITEM 1.0 -SUBTOTAL $ 1,000.00
2.0 CCI MANAGEMENT
2.1 PROJECT MANAGER 24 HR $ 120.00 $ 2,880.00
2.2 PROJECT ENGINEER 40 HR ~ 85.00 ~ 3,400 .00
ITEM 2.0 -SUBTOTAL $ 6,280.00
3.0 SUBCONTRACTOR WORK
3.1 SUBCONTRACTOR -GARNEY CONSTRUCTION 1 NTE $ 26,000.00 $ 26,000.00
3 .2 SUBCONTRACTOR -MOUNTAIN MAN WELDING 1 NTE ~ 2,000 .00 ~ 2,000 .00
ITEM 3.0 -SUBTOTAL $ 28,000.00
4.0 ON-SITE GEOTECHNICAL INVESTIGATION
4 .1 ON-SITE GEOTECHNICAL INVESTIGATION 1 LS ~ 3,000.00 ~ 3,000.00
ITEM 4.0 -SUBTOTAL $ 3,000.00
OVERALL SUBTOTAL $ 38,280.00
DIRECT COST MARK-UP {5%) ~ 1,400.00
TOTAL DIRECT & INDIRECT COSTS $ 39,680.00
CONTINGENCY ~ 10,320.00
NOT-TO-EXCEED COST ESTIMATE $ 50,000.00
CDM Emergency Waterline Repair (Allen WTP) 81212007, Page 1 of 1
-----Original Message-----
From: Brock Southwick [mailto:bsouthwick@garney.com]
Sent: Wednesday, August 01, 2007 5:41 PM
To: Gordon, Michael
Cc: Scott Terry
Subject: 6019 Englewood Bulkhead -Scope and Pricing
Attachments: 6019 Rate Sheet.pdf
Mr. Gordon :
It was good meeting with you this morning . We look forward to working with COM and the City to help
solve the issue at hand as quickly and safely as possible .
As commun icated in today 's on-site meeting , we have proceeded with requesting locates in the area of
excavation . For your reference , the UNCC ticket number is A275328 . As you know, I have contacted
my superintendent and we plan on meeting with you on site tomorrow at 10:00 to discuss staging of
materials and any other pertinent issues . We will start mobilizing equipment tomorrow afternoon , and
will conclude this operation by Friday. We will begin demolition operation sometime Friday to prepare
for major excavation and shoring operation starting Monday morning. It is our understanding that the
City will procure any and all permits needed for excavation , street closure, construction dewatering and
discharge , and erosion control for the work . It is also our understanding that COM w ill provide services
for any eng ineered excavation needed to perform the work .
As discussed with COM and the City this morn ing , Garney's scope shall be as follows :
• Demolish asphalt, curb , and inlet to facilitate excavation for repair.
• Perform excavation at the area of damage and remove pipe to allow installation of welded steel
bulkhead by Mounta in Man .
• Install concrete thrustblock and backfill using Owner supplied material compacted with an
excavator mounted compaction wheel.
•!• Final grading, along with any and all surface restoration are not part of Garney's scope, and
will be performed by Owner.
Please see attached pricing sheet for our time and equipment. Our total price estimate for a 40 hour
week with no overtime is shown totaled at the bottom . Given the urgency of this work , the duration
shou ld be shorter than 5 working days , but may include overtime charged at 1.5 the hourly rate over 8
hours per day. We will keep record of manpower and equ ipment on-site and bill against the daily rates
shown upon completion of the work . With the scope as stated above , and cond itions as understood
without pothole excavation or so il samples , Garney feels comfortable with a price not to exceed
$26 ,000.00 .
Please do not hesitate to call with any questions.
Thank you ,
Brock Sout hwick
Garney Construction
This e-mail message is from Ga rney Construct io n a nd is intended only for named recipie nts . It contains information that may be
co nfid entia l, privileged , or otherwis e exe mpt fro m d isclosure under applicable law. If you have rece ive d this message in e rro r, are not a
named recipient, o r a re not the emp loyee or age nt respon sib le fo r delive rin g t his message to a na med rec ipien t , be advis ed th at an y
review , di sclos ure , use , di sse minati on , d istribu tion , or reproductio n of t his message o r its co nte nts is stric tl y prohi bited . Pl ease notify us
im mediat ely at 8 16.746 .72 74 or at dmeyer@g arney.co m t hat you have received th is me ssa ge in error, and de lete th e mes sage . Th ank
yo u. Visi t us on the we b at http ://www.Ga rney.co m
-----Original Message-----
From: Rick Sublette [mailto: mmwf rick@earthlink .net]
Sent: Wednesday, August 01, 2007 3:34 PM
To: Gordon, Michael
Subject: Allen WTP Leak
Mike,
We can supply the epoxy painted 1" thick plate to cap the pipe as we've talked about
for $900.00.0ur field rate is $80.00 per hr.and with the time I have involved plus the
field welds you should figure around 12 hrs. to be on the safe side.Also , I have
worked for the city of Enlglewood before so I'm asumming i can just b ill them direct
unless they want the bill all in one billing which is fine as well.
Thanks,
Rick Sublette
V.P. of Operations
Mountain Man Welding and Fabrication, Inc.
504 E. Otero Ct.
Littleton, CO 80122
303-798-6822 phone
303-798-1284 fax
Daniel L. Brotzman
July 9, 2007
Page 2
AT T.
Introduction. Please understand that this letter is a confidential attorney-client
communication. Please keep it confidential.
The following events have occurred in the FRI CO/United/East Cherry Creek case. First, we
have finally obtained significant information about the new Burlington Canal headgate which is
being built 800 feet upstream from the old headgate,-,without a change of point of diversion
proceeding . It turns out that the new headgate will take significantly more water than the old
headgate. That is, during periods when the river is rmming a significant amount of water, the
Burlington will take considerably more water than before. This is improper, given that the
diversions are being changed from agricultural to municipal use, and the new municipal diversions
are not supposed to exceed the old agricultural diversions.
Next, as you know, in 1999 FRICO/Burlington/Heruylyn agreed with Denver to change the
priority of the 1885 storage right to 1909, without a change case, so that Denver could take more
water. The change is potentially quite injurious to Englewood. The State Engineer had informally
blessed the change (improperly). On the next to last day before his retirement, Hal Simpson, the
State Engineer, issued an "Instruction" which appears to legitimize the 1999 Agreement. (Additional
controversial "Instructions" were issued, which have drawn objections from a number of parties.)
We have challenged the "Instructions" as being unlawful as well as procedurally incorrect (the
Instructions were not filed in Water Court and made subject to challenge as they should have been).
Kate Griffin of Ma1iin and Wood met with the Division Engineer concerning the failure of
FRICO/Burlington/Henrylyn to keep accounting as required by the decree entered last fall. The
Division Engineer is quite concerned and sympathetic. Kate will meet shortly with Manuel
Montoya, the CEO of the systems, to see if he is willing to correct the accounting. If not, the
Division Engineer may well force the necessaiy changes; and if that fails, we will file a motion to
reopen the decree to require the correct accounting.
Finally , we have received answers to our interrogatories, which are quite illuminating. We
are still studying them.
Along with many other water users, we have challenged Aurora's claimed rights to i1Tigation
return flows from its reusable water sources. Unfortunately, the engineering appears most
inadequate, and in several instances incorrect. The amount of return flows which Aurora claims
appears to be excessive by well over 2,000 acre feet, perhaps as much as 5,000 acre feet. Aurora
received so many objections that it has postponed the trial, presumably to rework the engineering.
At some point, a settlement will probably be reached, but only after Aurora's engineering is
reworked.
Daniel L. Brotzman
July 9, 2007
Page 3
Aurora is building a major gravel pit reservoir near Brighton, which will recapture its
reusable sewage return flows and serve as storage for the changed ditch rights which Aurora is
purchasing in the area. Aurora initially objected to adequate accounting for the water which went
into and out of the reservoir, but after our objections (and those of others) an adequate accounting
system and access to their records has been agreed upon.
The remainder of the cases are described below.
1. General (#001): This matter is our general file for work not attributable to specific
cases. In some instances , the work is not specific to a particular matter. In other instances, the time
spent on any individual matter is not large enough to justify a separate bill, but the time on the group
of matters is significant. This includes charges related to general calendaring, reviewing various
daily incoming pleadings and correspondence, overall case management and other activities that are
not case specific. It usually includes preparation of many statements of opposition.
2. Colorado Division of Parks and Outdoor Recreation (93CW121) (#322): This case
involves an exchange right (absolute and conditional) upstream ofEnglewood's senior South Platte
exchange rights in W-8456-76. Englewood entered this case to ensure that the sources of
replacement water are proper sources and that the exchange is not exercised when Englewood needs
water for its exchange. We reviewed a notices of Referee status conference and substitution of
counsel within Attorney General's office.
3 . Buffalo Park, et al. (94CW290) (#341): Applicants seek ground waterrights, surface
water rights, change of water rights and an augmentation plan, including exchange for the purpose
of providing augmentation water to four subdivisions located in the Bear Creek/Turkey Creek water
shed in the Evergreen area. Englewood entered this case to preserve return flows from Warrior
Ditch. We have reached a stipulated settlement with applicant and will continue to monitor the case
for compliance with that stipulation. We reviewed notice of change of address for Petros & White
and opening brief of co-applicants-appellants.
4. Colorado Springs and Aurora (95CW272) (#357): These cities seek a conditional
wa.ter storage right in the a1:nount of 30,000 acre-feet from Homestake Creek; a conditional water
storage right for aquifer storage in the amount of 90,000 acre-feet in the Can1p Hale area ; a
conditional water right for an underground aquifer called the Eagle Park aquifer; and other diversion
rights and storage rights. They also seek to augment the out-of-priority depletions caused by the
pumping of their well fields. Englewood entered this case because of the magnitude of the
appropriations and to monitor the augmentation plan. We reviewed a notice of Referee status
conference.