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Home My WebLink About1985-01-21 (Regular) Meeting Agenda• City Council Meeting -Regular January 21, 1985 • • • 0 • - • • • ,. • ~ 41-/, ~J 1, ~,q, ID <Iht-~~ *µ-A%,? ~ • 0 0 I . . ( 1. 2. 3. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 21, 1985 7 :30 P .M. Call to order. I nvocation. Pledge of allegiance by Boy Sco ut Troop #92 . 4 . Roll Call. {o _,. / 5. Minutes. ~I rf'l tvd... (a) ~ 6. Pre-Schedul ed Visit ors. to 10 minutes.) Minut s of the regular meeting of January 7, 1985. • 7. (Ple ase limit your presentation (a) Mrs. Donna Sovern, r pres nting Miss Englewood Scholarship Pageant, will be present to accept a proclamation declaring the week of February 3-9, 1985 as Miss Englewood Scholarship Pageant Week . Non-Scheduled Visitors. (Please limit your presentation to 5 minutes.) R. Communications and Proclamations. Letter from Mr. Hal Rutenberg, Chairman, Grants Committee, of the Community Arts Symphony Orchestra requesting a $5,000 grant for 1985 . • I • • -• • ,. • Page 2 January 21, 1985 ( (l.,I~~~ ~it-}- (b~Jt 4 ()µ_Ji j_ ~~:#-1 / ~~j_ Consent Agenda Items. (a) Minutes of the Housing Authority meeting of October 31, 1984. (b) Minutes of th e Park s and Recreation Commission meeting of No vember 8, 1984. (c) Minutes of the Urban Renewal Authority meeting of December 5, 1984. (d) Minutes of t he Water and Sewer Board meeting of De cemb e r 11, 1 9 84. (e) Minutes of t h e En glewood Downtown Development Authority meeti ng of Decem ber 12, 1984. (f) Minutes of the Bo a r d of Ad j ustment and Appeals meeting o f Decemb er 12, 198 4 . (g) Minut e s of the Public Li b ra r y Board meeting of Januar y 8 , 19 8 5 . (h ) (i ) (j) (k) Ordinance on final rea d i ng a pproving Southgate Sanit a tion Dist r ict's Suppl ement #104 to annex approximat ely 2 .3 acres to th e District. Or di n ance on final readi n g a ppro ving Gr eenwood Village Se wer Ge n eral Im prove ment District's Suppl emen t #9 to anne x a ppro ximatel y 30 acres t o t h e District . Or dinan ce on final rea d ing app ro vi ng t h e Tri-City Di ssoluti on enabling the cities of De n ver an d Englewo od to i ndependently own and ope r ate the respective water rights held for each City by the Trust. Ord inance on final reading app r ov ing a License Agr eement betwe n the City of Englewood and Leslie N. Johnson to allow the installation of an 8" due ile iron water pipe across the City's r ight-of-way at Wind~rm re and Be l l evi ew . 1 O. Public Hearing. • 11 . Ordinances, Resolutions and Motions . Recommendati on from the Engineering and Fi n a n ce Departments to approve Resolution adopting t h e Public Improv mcnt Fund Six-Quarter Budget for the p riod January, 1985 through June, 1986 • • I • • ( • • • • Page 3 January 21, 1985 Agenda 11. Ordinances, Resolutions and Motions (Continued). (b) e,.e.i>--~ Recommendation from the Engineering Services Department to approve easements along the South Platte River near Union Avenue to the Colorado Water Board for the River Rechannelization Project. (c) Recommendation to repeal Ordinance No. 12, Series of 1982, which established a Mutual Aid Agreement for Police Services. Recommendation from the Water and Sewer Board to approve the utility easement s exchange between the City of Englewood and Centen nial Partnership, Ltd., for the Centennial Shopping Center located at Federal and Bell eview . Recommenda tion f r om the Water and Sewer Board to approve th e contract to Denver Heating and Air Conditioning in t he amount of $6,024.13 for venti- lation system improvements for the Cornell and Pennsylvania Pump Station. (f) Recommendat ion from the Water and Sewer Board to . _,)approve utility ea sements to the Public Service (2 ~.Ji../ [.,,,}4V" Company for property located at Union Avenue and ll)V" . South Santa Fe. (g) Recommendation from the Water and Sewer Board to approve utility ea sements to E.S.P Investments for C PJJJ:-/_0 ...}-property located at Union Avenue and South Santa Fe. ~· (h) Recommendation from the Water and Sewer Board to ~ approve utility easement s to the 1950 Corporation C PJtf-1IJ_ Q'J) f or property located at Union Avenue and South ...pv-Sant a Fe . <,i~./Rec ommendation from the Water and Sewer Board to {2;~-d-~IJ'f" approve utility easements to Jack M. Horner for \Yfl" property located at Union Avenue and South Santa Fe. 12. City Manag er's Report. 13. City Attorney's Report . • I • - • • Page 4 19 85 Agenda January 21 • 14. General Discussion. (a) (b) Mayor's Choice. b er's Council Mem 15. Adjournment. I) I r7. ~~ I J'J"/&, ,///;. ~:I/\._ [,ANWMc co Ci~Manager AM/sb • • • I • • • - AGENDA ITEM -----P RE S ENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Rlnt1av t- Neal L-- Vobe,da v- Wei st v-- Rilo v-- Bradshaw v-- Otis v MOTION: I • • • • • • • AGENDA ITEM _d__ PRESENTED BY ~~~~~~~~- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain 111qaav Neal Vobeida Weist Bl lo Bradshaw Otis MOTION: I • • • • • • • AGENDA ITEM PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladay --Neal Vobeida ""' Weist l v Bl lo I v Bradshaw I Otis I ' I • • • • • • •' • AG ENDA ITEM ~~ P RESENTED BY-------- ROLL CAL L Moved Seconded Ayes Nay Absent Abstain Hlgdav Neal \ Vo be ;da I ,_. Weist I 1,/ Bl lo I Bradshaw I Otis \ MOTION : I • • • • • • AG ENDA ITEM 1 -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HT "'1av Neal Vobe ,da Weist Bl lo Bradshaw Otis MOTION : I • • • • • • • AG ENDA ITEM ~~ PRES ENTED BY ------- ROLL CALL Moved Seconded A yes Nay Absent Abstain H1Q<1av ~ Neal \ Vobeida J Weist I ,,.,. RI In I v Bradshaw I Otis \ MOTION : • I • • • • • • .. • AG ENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain _lilaaay v Neal -,,_ Vobe1da Weist -Bllo -Bradshaw -Otis MOTION:~~ I • • • • • - AGENDA ITEM ~ ...-t PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain n1aaav Neal l v Vobe1da I Weist I Bl lo I v Bradshaw I Otis \ MOTION~_ 7JJ ~-I • • • • • - AGENDA ITEM //?---PRESENTED BY ~~~~~~~~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hfqaav Neal Vobe1da v-Weist Bl lo v-Bradsh- Otis MOTION: I • • • • • - AGEN DA ITEM ---PRESENTED BY ----- 6 c;c__r-a ~~~~~ ~ ~~ f!f-cJ-/dr;_r-~~ fa Jµ_:;f ~-~~~~r ~-f~~ ~ ~~(!°~~;~~ ~~~~~~~ ~ ~ ..r ~A /GOLL CALL 4 ~ ~ ~ o1-/i,J, 1r· ~Moved Seconded Ayes Nay Absent Abstain Hlgday Neal I Vobe1da 7 Weist I Bllo I Bradshaw I Otis 7 MOTION: • • I . • - • • AG E NDA I T EM // b P RES E NTED BY bl ( (Jtuht... ---' ROLL CALL M d Seconded Ayes Nay Absent Abstain ove Hlgdav v--Neal \ v Vobeida I Wei s t I Bilo I I/ Bradshaw I Otis ' MOTION: ft I (J/8 I • • • • • • .. • AG ENDA ITEM -~/ .... /_c_~~-PRESENTED BY -------~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaay Neal Vo beida Weist v-Bl lo v Bradshaw I Ot Is MOTION: I • • (l ~IF ~ • • • • • AGENDA ITEM /IL PRESENTED BY+~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav Neal ' v Vobeida I Wei st I // Bllo I Bradshaw \ Ot Is \. MOTION: I • • • • • AGENDA ITEM //tJ .....- 1 Moved Seconded Mlguay v Neal Vobe1da Weist Bllo v-Bradshaw Otis MOTION:~ ,. ROLL CALL • • - PRESENTE D BY ~ Ayes Nay Absent Abstain l I I I \ _'\.., I • • • • • - AG ENDA >T"° ~ P RESENTED BY i~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav --Neal l I? Vo beida I We I st I Bl lo I I/"'" Bradshaw \ Otis " MOTION: I • • • • • - AGE NDA I TEM -----PRESENTE D BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaav !-/ Neal I Vobe1da I Wei s t I ./ Bll o I Bradshaw \ Ot i s ...... MOTION : I • • • • • • • AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain nlQ<lay Nea1 l Vobe1da I We is t I v Bila I v Br ads haw I Otis \. MOTION: I • • • • • • - AGENDA ITEM -----PRE SENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Absta i n Hlgday -Neal \ v Vobeida I Weist I Bile r v Bradshaw \. Otis MOTION: Cj3Jlr v I • • • • • • '. • AGENDA ITEM -----PRESENTED BY --------- !~ (~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain noqaav Neal Vobeida Wei st 11110 Bradshaw Otis MOTION: I • • • • • • - PRES ENTED BY ------ ROLL CALL Moved Seconded Ayes Nay Absent Abstain I ~oay - Nea1 VObtUda We_!st J!l lo v--Bradshaw I Otis - MOT ION: Z..-1-8'1' I . • • / AGENDA I TEM ---- I -I-~ 't ~ cu_Q~ {!__/i-c_ /2--_31 -t 6 • ~ f~ '-f\.J2u_,.,__ /)}~ Moved Seconded ~ MOTIO N: Hlodav Neal Vobe,da Wei s t Bl lo Bradshaw Ot i s ROLL CALL • • - PRE SENTED BY ------- Ayes Nay Absent Abstain I . . • • • • AGENDA ITEM -----PRESENTED BY -------- ;tf [ lf / Z-/3 1 -t S ROLL CALL Moved Seconded Ayes Nay Absent Abs ta In HIQOav -- Neal \ Vobe1da ' We ist I Bl lo I Brads haw ( Otis \ ' MOTION : I • • • • • - AGENDA ITEM -----PRESENTED BY ------- ~{µ_·~~ t0-a ~ c~~ 1° 0 d--- ROLL CALL l'!oved Seconded Ayes Nay Absent HTaday Neal Vobe,da Weist RI lo Bradshaw Otis MOTION: Abstain I • • • REGULAR MEET ING: • • • COUNCIL CHAMBERS City of Englewood, Colorado January 7, 1985 The City Council of the City of Englewoo d , Arapahoe County, Colorado, met in regular session on January 7, 1985 , at 7 :30 p .m. Mayor Otis , presiding , called the meeti n g to o r der . The invocation was given by Father Dennis Ryan , Saint Louis Catholic Church , 3310 South Sherman Street. The pledge of allegiance was led by Mayor Otis . Mayor Otis asked for roll call . Upon a call of the roll, the following were presen : Council Members Higday, Vobejda, Weist , Bile, Bradshaw, Otis . Absent: Council Member Neal. The Mayor declared a quorum present. * * Also present were: * * * * * * * City Manager Mccown Assistant City Manager Vargas City Attorney Olsen Director of Wastewater Treatment Owen Director of Utilities Fonda Deputy City Clerk Owen * * * * * COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF DECEMBER 17, 1984. Council Member Bradshaw seconded the motion. Upon a call of he roll, hP vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Council Mem The Mayor decl a red he * * * • * • * I • - • January 7, 1985 Page 2 • • - Pre-scheduled visitor , Director Owen of the Wastew ater Tr eat - ment Plant, was present and discussed a recommendation for award of a contract for Littlet on /Englewood WWTP Phase III Expansion Project. Di- rector Owen recommended awarding the contract to the lowest bidd e r, Weaver Construction, for $4,127,202 with a 10% contingency allowance of $410,000 for a total authorization of $4,537,202. Director Owen noted the costs a re split between Littl eto n and Englewood; and that the Super- visory Committee which comprises of members from both municipalities recommended approval of award to Weaver Construction. COU CIL MEMBER BILO MOVED TO AWARD THE 1985 PHASE III EX PAN SION CONTRACT TO LOW BIDDER, WEAVER CONSTRUCTION, FOR $4,537 ,2 02 WHI CH IN- CLUDES A CO NT I NGENCY OF $410,000. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Weist, Bile, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried . * * * * * * * There were no other visitor s at this time • * * * * * • • The l ollow ing communications and proclamations were presented to Council: (a) (b) (c) (d) ( ) Letter from Mrs. Lois Sterling, Vice Chairman of the Library Ad vi sory Board, recommending reappointment for Mr. Bruce Hogue and Mr. Jerry Valdes. Let er from Mr. Bruce Hogue, Library Adv i sory Board Member, concerning reappointment. Letter from Mr. Doyet Barbre, Planning and Zoning Commission Member, concerning reappointmen t . Letter from Mrs. Virginia Dawson, Board of Ad justment and Appeals Member, concerning her reappointment. Le er from Mrs. Betty Keena, Board of Career Service Commissioners Member, concerning her term expira- tion • I • • ( • January 7, 1985 Page 3 (f) (g) • • - Letter from Mr. Eddie Tanguma, Planning and Zoning Commission Members, concerning reappointment. Council Communication from Mr. Harry Fleenor, Chair- man, Court Advisory Committee, concerning the terms of service for the Committee. Mayor Otis noted receipt of a letter from Hazel Nilsen request- ing reappointment to the Election Commission, which was not in Council's packet . COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE ALL THE LETTERS. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. Mayor Otis asked that Council consider these letters prior to convening at the next Council meeting; and that staff advertise for the vacant positions on the Career Service Board, the Planning and Zoning Commission, and the Board of Ad justments and Appeals. • • • • • • * Consent Agenda Items were: (a) (b) (c) (d) (e) Minutes of the Downtown Development Authority meeting of November 14, 1984 . Minutes of the Board of Adjustment and App eals meeting of November 14, 1984 . Minutes of the Planning and Zoning Commission meeting of December 4, 1984 . Minutes of the Englewood Pub lic Library Advisory Board of December 11, 1984 . Transmittal of he Englewood Downtown Development Authority Budget for the year 1985. • I • • ( ( • January 7, 1985 Page 4 (f) (g) (h) • • • Information from the Library Advisory Board concerning organizational procedures, officers of the Board and their duties, and annual election of offi- cers. Ordinance on final reading approving an easement to the Public Service Company for the installation of a gas line at the Bi-City Wastewater Treatment Plant to serve the proposed north return activated sludge pump station. Ordinance on final reading approving an amended bill which provides a process for the appointment of As- sociate Judges. Mayor Pro Tern Bradshaw complimented Penny Dietrich on the EDDA budget submittal. COUNCIL MEMBER VOBEJDA MOVED TO ACCEPT CONSENT AGENDA ITEMS 9(A) TO 9(H). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Counc il Member Neal. The Mayor declared the motion carried. Consent Agenda Item (g) was numbered Ordinance No. 1 , Series of 1985; and Consent Agenda Item (h) was numbered Ordinance No. 2, Series of 1 985. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR • * * COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING SUPPLEMENT NO. 104 TO SOUTHGATE SANITATION DIS- TRICT'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN THEIR DISTRICT BOUNDARIES. • I • • Januar:y 7, 1985 Page 5 • • • COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 5 , SERIE S OF 1985, ON FIRST READING. Coun cil Member: Vobejda seconded the motion. Upon a call of the r:oll, the vote r:esulted as follows: Ayes: Nays: Absent: Council Member:s Higday, Vobejda, Weist, Bila, Br:adshaw, Otis. None. Council Member: Neal. The Mayor: declar:ed the mo ti on car:r:ied . ORDINANCE NO. SERIES OF 1985 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE APPROVING SUPPLEMENT NO. 9 TO CITY OF ENGLEWOOD CONNECTORS AGREEMENT, SEWER CONTRACT NO. 12, GREENWOOD VILLAGE SEWER GENERAL IM- PROVEMENT DISTRICT ~O. 1. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 4, SERIES OF 1985 , ON FIRST RFADING. Council Member: Br:adshaw seconded the motion. Upon a call of the r:oll, the vote r:esulted as follows: Ayes: Nays: Absent: :ouncil Member:s Higday, Vobejda, Weist, Bilo, Br:adshaw, Otis. None. Council Member: Neal. The Mayor: declar:ed the motion car:r:ied . ORDINANCE NO. SERIES OF 1985 • • • • BY AUTHORITY A BILL FOR • • • • COU NCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER BILO I • • f • January 7, 1985 Page 6 • • • AN ORDINANCE APPROVING THE DISSOLUTION OF THE TRI-CITY TRUST ORIGINALLY CREATED BY DENVER, ENGLEWOOD AND LITTLETON FOR PURCHASE OF SENIOR WATER RIGHTS ON SOUTH PLATTE RIVER. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 7 , SERIES OF 1985, ON FIRST READING. Council Member Vobjeda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay es : Nays: Absent: Council Members Higday, Vobejda, Weist, Bile, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the mo ti on curried • ORDINANCE NO. SERIES OF 1985 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE APPROVING LICENSE AGR EEMENT BETWEEN LESLIE N. JOH NS O AN D THE CITY OF ENGLEWOOD TO INSTALL A WATER PIPE ACROSS THE CITY'S RIGHT- OF-WAY NEAR WINDEMERE AND BELLEVIEW. COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 6, SERIES OF 1985, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: The Mayor RESOLUTION NO. 1 SERIES OF 1985 Council Members Bradshaw, 0 is . None. Council Member declared the mo • • • Higday, Vobejda, Weist, Silo, Neal. ion carried. • • • * • I • • , ( January 7, 1985 Page 7 • • • A RESOLUTION TO RECOMMEND TO THE DEPARTMENT OF CORRECTIONS, THE GOVER NOR AND LEGISLATURE OF COLORADO TO APPROVE AND SITE A NEW CORRECTIONAL FA- CILITY ON STATE LAND LOCATED AT THE LOWRY BOMB ING RANGE. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO . 1 , SERIES OF 1985 . Council Member Bradshaw seconded the motion. Upon a c all of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday , Vobe j da, We i s t , Bilo, Bradsh a w, Ot is . None. Council Member Neal . The Mayor declared the motion carried • RESOLUTION NO. 2 SERIES OF 1985 • • • • • • • A RESOLUTION AMEND ING THE GENERAL FUND . COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1985 . Council Member Bilo seconded the motion . Up on a call of the roll, the v ote resulted as follows: Ayes: Nays: Absent: Council Members Higday , Vobejda , Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • • • • • • • • City Manager Mccown presented a letter from Mr. David Bean of the Government Finance Officers Association awarding the City of a Certi- ficate of Conformanc in Financial Reporting for the fiscal year ended December 31, 1983. Mr. Mccown noted the certificate was the highest form of recognition in governmental accounting and financial reporting; and appropriate publicity would b forthcoming in the monthly Citizen. • • • • * • • I • • ( • Ja nuary 7, 1985 Pa ge 8 • • • Mr. Mccown transmitted the weekly report on the downtown rede- v elopment status from Assistant City Manager for Economic Dev e lopme n t Sus a n Powers. * * • * * * * Mr . Mccown transmitted t he handbook for "Rules of Order and Procedure" established by City Council. * * * * • • * Mr. Mccown distributed complimentary maps of "Old Englewood" (the Bates "Englewood /Logandale"). * * • * * • * Mr. Mccown distributed t h e un a ud ited f i nan ci a l r e por t o n sal e s and use tax for 1984 year end. RESOLUTION NO. 3 SERIES OF 1985 * * * * * * • A RESOLUTION ESTABLISHING ANNUAL SALARY FOR PARALE GAL BEVERLY J . BRI ZEE FOR THE CALENDAR YEAR 1 985. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOL UT IO N NC . 3 , SE RIES OF 1 985. Counci l Member Bil o sec onded the mot i on. Upo n a call of the roll , the vo te r esulted as follows : Aye s: Nays : Absent : Co u ncil Mem b ers Higday , Vob ej d a , Weist , Bilo , Bradsha w, Otis . None . Counc i l Member Neal . The Mayor declared the motion carried . RESOLUTION NO . 4 SERIES OF 1985 * * • • * * • A RESOLUTION ESTABLISHING ANNUAL S ALARY FOR ASSISTANT CIT Y ATTORNEY CHARLES C . GRI MM FOR THE CA LENDAR YEAR 1985 . • I • • - ( • January 7, 1985 Page 9 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 4, SERIES OF 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion ca<ried. * * * * * * * No further business was discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:35 p.m. • I . ( • • • • P R 0 C L A M A T I 0 N ------------ WHEREAS, charm, poise, good manners, beauty, talent, intelligence, dignity and personality should be honored in all; and WHEREAS, the Miss Englewood Scholarship Pageant does distinguish those who have cultivated, developed, and continue to grow in those qualities from the best of the young woman-hood in Englewood; and WHEREAS, the Miss Englewood Pageant is dedicated to furthering the educational opportunities for the young women of Englewood by awarding educational scholarships; and WHEREAS, the Miss Englewood Scholarship Pageant for 1985 will be held on February 9, sponsored by the City of Englewood Chamber of Commerce; NOW, THEREFORE, I , EUGENE L. OTIS , Mayor of the City of Englewood, Colorado, hereby proclaim the week of February 3 - February 9 , 1985, as MISS E GLEWOOD SCHOLARSHIP PAGEANT WE EK and further proclaim February 9, 1985 as MISS ENGLEWOOD DAY in the City of Englewood, Colorado. GIVE under my hand and seal the 21st day of January , 1985. • I • ( • • • • P R 0 C L A M A T I 0 N ------------ WHEREAS, charm, poise, good manners, beauty, talent, intelligence, dignity and personality should be honored in all; and WHEREAS, the Miss Englewood Scholarship Pageant does distinguish those who have cultivated, developed, and continue to grow in those qualities from the best of the young woman-hood in Englewood; and WHEREAS, the Miss Englewood Pageant is dedicated to furthering the educational opportunities for the young women of Englewood by awarding educational scholarships; and WHEREAS, the Miss Englewood Scholarship Pageant for 1985 will be held on February 9, sponsored by the City of Englewood Chamber of Commerce; OW, TH EREF ORE , I , EUGENE L. OTIS, Mayor of the Cit y of Englewood, Col o r ado , hereby p r oc la im the week of February 3 -February 9, 1 9 8 5 , as MI SS E GLEWOOD SCHOLARSHIP PAGE AN T WE E an d further proclaim February 9, 19 5 as fISS ENGLEWOOD DAY in t he Ci t of Englewood, Colorado. GIVE under my hand and seal th e 21st day o f January, 1 9 5 . EUGE E L. OTIS, Mayor • I • ( ( The Honorable Gene Otis Mayor, City of Englewood 340 0 S Elati St. Englewood, CO 80110 Dear Mayor Otis: • • - Hal Rutenberg Chairman, Grants Committee Community Arts S y mphony Orchestra 11993 E. Arkansas Ave . Aurora CO 80012 January l 0, 1985 As the newly appointed chairman of the Grants Committee for the CAS, I'm writing to you as part of our annual request for grants and/or contributions from the City of Englewood. It is my understanding that the City of Englewood has been quite supportive of the CAS in previous years -both financially and morally . As you are keenly aware, the CAS is major organization in the cultural foundation of the City of Englewood. We have provided quality classical programs for over 30 years now. Also, as you know, we present special concerts for Englewood school children at Englewood High School each year. Thes e concerts greatly enrich the cultural program of the Englewood School District. Because of this type of involvement in the Englewood Community, t is imperative that the CAS should be in a strong financial condition to insure it's continued existence . I am th e refore request ing a grant of $5000 from the City of Englewood t o be applied directly to th e cost of presenting concerts for the community . This money wi ll be used for hall rental, printing costs, soloist fees, music rental. and personne l salaries -to mention but a fe w of the costs associated with producing a concert. In this manner, the Englewood Community w ill benefit directly from the grant money allocated by you . For the entire CAS Board of Directors, let me thank yo u and th e City of Englewood for supporting our activities. With this kind of support, we can all benefit for another 30 years! cc: Peter Bulkeley Beth Dickinson T. Gordon Parks • RECE\ 'ED JAN 11 . CllY MAHAGE H'S U~FICE ENGLEWOOD • I • n ' • • • CALL TO ORDER • • - ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Regular Meeting Wednesday, October 31, 1984 The l:egular Meeting of the Englewood Housing Authority ~:as cal iAd to order at 5:25 p.m., October 31, 1984, by Chairman Thomas J. Burns, at Simon Center, 3333 South Lincoln St., Englewood, Colorado, 80110. I. ROLL CALL Members Present: Members Absent: Also Present: Thomas J. Burns, Chairman Betty Beier, Vice Chairman Valerie Lash, Member Beverly Bradshaw, Member Cindy Peterson, Member Peter Vargas, Acting Director, Corrmunity Development Frances Buck Vansyoc, Executive Director -EHA Mary A. Ryan, Recording Secretary I I. READ I NG AND APPROVAL OF MI NUT ES The Minutes of the September 26, 1984, Regular Meeting of the Engle wood Housing Authority Board of Corrmissioners, were accepted and approved with the following amendments: Page Two, Fourth Paragraph, second line: Delete "specifically, the possible negative impact on the City of Englewood especially in view of the Downtown Redevelopment, and rehabilitation loan eligibility outside of the target areas for persons below a certain income level." Add in lieu thereof : "in conjunction with the possible negative impact on the City of Englewood in view of the Down- towm Redevelopment. Rehabilitation loan eligibility for low-income families living outside of the target areas was also a concern of City Council." Page four, Between Items E-5 and E-6: "NOTE: Chairman Thomas J. Burns arrived at the meeting at this point." I • • • • - Englewood Hou s ing Authority Bo a rd of Comm i ss i oner s Reoular Meeting Oct ober 31, 198 4 - Page Two MO TION lT WAS MOVED BY BETTY BEIE R THAT THE MI NUTES OF THE SE PT EMBER 26 , I9 84, MEET ING OF THE ENGLEWOO D HOU SJ NG AUTHORITY BOAR D OF CO MMI SS ION ERS BE ACCEDPTED AS AMENDED. VALERI E LAS H SECO ND ED THE MOTION . AYES : NAYS: ABSENT BURN S , BE I ER, LASH NONE BR ADSHAW, PCTERS ON The Cha irma n dec la red t he Motion carried . I I I. PUB U f. HO IJ~ I NG The Status Repo rt 1or t he Duple xe s, Septembe r 1 th r ough Se ptember 30 , l g84 , wa s noted by th e Engl e1•ood Hous i ng Authority Boa r d of Cammi ss i one r s wit h little corrunent. Executive Director Vansyoc amm ounce d tha t s he wo ul d be meet i ng on Friday , Nove mber 2 , 198 4, ~lith J ulie Lucas, Chief Accounta nt f or t he City of En glew oo d, t o discuss Fin an cial Ma na geme nt Contro l s needed f or th e Englewo od Hous i ng Auth or ity . Item B-4, HUD's Comp uta t i on of Fixed An nual Con tr ib ut i on an d r equ est ha t $181,092.79 in ex cess dev e lopme nt fu nds be returned to HUD wa s expla i ned to th e EH A Bo ard of Commissio ners. Mr s. Va nsyoc exp la in ed that t he $1 81 ,092 .79 1•ould not be paid to HUD unti l the amount has been veri f ied a s correc . Th e audito r s were unsure of th e in e r est portion of this form and wante d o cl a n y and ve r ify the amo unt due . rs . an sy oc expl a i ned that th e annual con ribu io s were used t o pay off th not es each year. Resol ut ion ifo . 16, Seri es of 198 2 , "Inv estm ent Policy " was pre se nt ed o h EHA Board of Co.T1Ti iss 1oner s. Mr s . Vansy oc repor t d that t he auditor s an d Julie Lucas woul d be war in g with the Engl ewoo d Hou si ng Au ho ri t y in re comm endi ng th e bes t i nves tment s for t he Housing Au t hori ty . Ac t i ng Director of Co111nuni y De ve l op men t, Pet er Va r gas, the Eng lewo od Housing Authority Boa r d of Co mmissioners and Executi ve Direc to r Van syo c di sc ussed he di ff icu l i es r eg ardin g Fina ncial a nageme nt Con t ro l pr oc edur es . Th e con rol audit wh ich conce r ned itself wit weaknesses in the EHA Fi na ncial ·ana9~ n system and th rero:'l11enda io s r.iade o improve tha t sys t em of the Housing Au hority were a1so discussed. The auditors , Lehman , But erwich and Comp11ny, P.C., a e to be at th budge meeting , ovember 28 , 1984 , to e~plain h a di anc. h 1 r r corm1enda ions o t•1e Board of Comm i ssioners. There as concern about paying Lehmar , Bu terwi c and Campany f o r t h con ro 1 audi co ndu cted in the early Pctrt of Jg84, since e EHA ha s not yet recei ved he ..iudit repor t on this par icular audit from Lehman, But erwic and Company. I em B-5 , merro regaroing vate lea s a Orchard Place was nex discussed by th e Bo ard of Co111nissio n rs. I ts. ansyoc explained he wo r Bra dy Corpora ion ha d don e t rying o al l eviat the water leas. Specifical ly di scuss d was • I • • ' • • • • • Englewood Housin9 Authority Board of Commissioners Regular Meet111g Oc tober 31, lg84 Page Th ree apar tment No. 70 3 and the problems with water leakage encountered by the occupant of that apartment. Steps taken to alleviate the water leakage pro - blems in this sp ecific apartment were explained by Mr s . Vansyo c . Item B-6, 198S Operating Bu dget. A special meeting was set for Nov ember 28 , 1984, at 5:30 p .m., at Simon Center, to discuss the 1984 Revised Section 8 Exis ting Budget, 19 85 Section 8 Existing Budge t, 1984 Revised Publi c Housi ng Budget , 1985 Publi c Hou sing Budget , 1985 Simon Center Budget and the final Developmen Budget of th e Duplexes and Orchard Plac e . This meeting date is contingent upon th e re ceipt from Robert J . Syl ves t er , CPA, of the reconciled budgets. It em B-7, Maintenan ce Status Report for Septemb er 15, 1984 to October 19, 19?.4 , was presented for the information of the Board of Commissioners . There 1~as little discussion concerning this report. The Statu s Report fo r September l, 19 84 , to September 30, 198 4, was noted by the Board of Commissioners with no comr.ient. Mrs. Vansyoc and Vice Chairman Beier reported on a mee ting they attended 1vith tw o repres entatives from Public Service Com pany . The meeting oncerned the boiler co nver sion proposal for energy conservation at Simon Cen ter and Orchard Plac e . Public Service Company repor ted they would do an energy -cons ervation audit at each building and make recommenda ti ons to save energy. lh•on com l)l e - tion of the energy audit, Public Se rvi ce Compa ny would supoly the Englewood Housing Authority wi th a data base upon wh ich t o compa re the eneroy-saving proposals submitted to t e Housing Authority. V. SECTJON~!!_?.!}NG The Status Report for September !, 1984 to September 30 , 19 84, for Section 8 Existing was noted with little discussion by the Board of Commissioners. Mrs. Vansyoc reported t at effec ive been hired as th e ne w manager of the who has been temporar ily assigned as appoin ed Manager at Simon Center e further explained that the Englewood of scrutinizing application s t o ill Simon Center. October 15 , lg84, Sandra Richardson had Section 8 Existing Pro gra m. Theresa Girtin, he Section 8 Existing Manaqer, was ec ive October 15, 1984. ~r s. Vansyoc Housing Authority is now in the process tne cler typist/receptionis position at The letter from HUD noti~·in he Englewood Housing Authority that conditional appro al of 28 add1tiondl units of Section 8 Existing assisted housing was presented to the Board of Colll'lissioners for discussion . Mrs. Vansyoc explained that she could foresee no problem leasing up 28 additional units of assisted housing in the six-month time period se by HUD. Briefly discussed by the Board of Co111nissioners wa s Project Self-Sufficiency and the counties awarded tie program certificates . • I • • - • • • • Engl e~1ood Haus i n g Au tho rity Bo ard of Commissioners Regular Meeting October 31, 198 4 Page Four VI. REHABI LI TATION PROGRAM The Use Tax Assessment against the Englewood Housing Authority wa s brought up for discussion. Peter Vargas, Acting Director of Communi ty Development, ex pla ined that the Finance Department , by cha rter and code, is re sponsible f or the receiµt of fees; and the Buildin . ., Department i s responsible for th e is- sua nce of he appropriate permi s. T ere was a brief discussion concerning reimbursement of fees paid to the City of Fnglewood for Rehab permit s by the co ntractors wor king on he ARRP projec t s. Th e Rehab Status Report for Sep ember 1 t roug h September 30, 1984, wa s discussed regarding deliquent Jccounts. Mrs. Vansyoc sugg ested discussing 1~ith various mor gage-lending insti u ions what kind of criteria they use o determine 1~ e h r or not o for lose on del iquent accounts . The Fi seal Sta us Repor for e P hab Program was discussed by he Board o Commissioners. Mrs . Vansyoc epor ed hat Jane t Grimmett, Hou sing Finan1..e Specialist, would be keeping more of he details on re hab finances. Item E-2, Rehab Cons ruction Sa JS Repor for September 18 hrough 1984, was discus sed regarding th• number of applications evalua ed. of the State Hi stor ical Socie y r 0 gardi g the houses located in the target areas were al so discussed. Oc ober 19 , fieauiremen s 1ehab Item E-3 , Agreement between Aut hority wa s brought before he Ci y o f Englewood and The Englewood Housing .e Board of Corrmissioners . ~O IO I IT WAS MOVED BY BETTY BEIER TO AUTHORl?E THE E ECUTIVE DIRECTO R AN D THE CHAIR MAN OF THE BOARD OF CO MMI SSIO~ERS OF THE ENGLEwOOD HOUSI IG AUTHORI TY TO EXECUTE HE AGREEMENT B£TwtE THE ENGLEWOOD HOUSING AU<HOR! Y A D THE CITY OF ENGLEWOOD REGARDING THE POLICIES GOVER l IG THE ffOUSI G REHABll TATIO LOAN AND GR.l\r\T PPOGRAM or THE ENGLEWOOD HOUSING AUTHOP.I y. VALERIE LASH SECONDED THE MO IO . AYES: NAYS: ABSE T: BUR S, BEIER , LASH NONE BRADSHAW , PETER OW The C 11irma declared he Mo ior carriPd. Ms Beier raised d Question co1 cerning Partlgraph XI I .13 (Page 5) o he Aqree- 1ent, the annual re ort to be Submt ted o tt1e Englel'lood Ci y Council reg3rding performance of the EHi\ Rehab Progra•n. I em I-4, Ren al Pehat. Program, v.as discusser! by the !loard of Comrnissioners. ~rr Va'lsyoc explai•1ed nat the rental rehdb program is very staff intensive an l hdt no admints rative funds itl'e i!vailJble for his program. Mrs. Vansyoc st1 EJ tha ~h will discuss ~11 h the Stdtl 1, adrn1n1s ra ive prohlr.ms r a'.ed because dud1 requ1reni nts and uriding <1ppl ici! tons are dt.I} a the s me time ot y dr . I • • - • • • • Englewood Housing Authority Board of Commissioners Regular Meeting October 31 , 1984 • • - Page Five Item E-5 , ARRP Status Reports. Chairman Burns suggested a meeting be held between Walt Groditski, the Englewood Housing Authority Board of Conunissioners and Pete Vargas. The purpose of this meeting to be to isolate and remedy any discord 1vhich might exist between t he Englewood Housing Authority and the City of Englewood Building Department . Mr. Burns sugges ed that Englei-1ood Housing Authority staff me t with Building Depar ment staff before homes are purchased or th ARRP program to determine if planned rehab work is cost feasible. 'ice Chairman Beier asked the Executive Director if a price has been se on th e ARRP houses. Mrs. ansyoc explained hat alternate sources of funding are being explored before a selling µrice is set. Chairman Gurns e111phasised that all applicants should be treated equally on this program. Ja et Grimnett's memo on possible assistancP wi h financing o ARRP units and t r. Ci y o Lakewood's shared arip1eciation method of financing was brought up or discussion. Chairman Burns asked the Englewood Housing Au hority staff to re iew La ewood's ,hared appre cia tion plan for financing and submi the find1rigs on this plan to the Board o Comnns,ioners. VII. TE ANT COUNCIL Mrs. Vansyoc reported on a meeting she and Fra nk McCoumb , Maintenance Supet~isor, had with Tenan Council Pres ident of Orchard Place, Marie Gu terres. Them eting was resarding maintenance at Or e ard Place. All problems vere resolved at that meeting . VI I I. DIRECTOR'S CHOICE Due to the recen marriage and name change of the Executive DireL or of the EHA, new signatur cards or Englev1ood Housing Authorit ban accoun s a First Interstate Ban of Englewood i.ere signed by Chairman of the Board o Comiss1one rs, Thomas J. Burns. The Jo int meeting bet1veen the City Council of the Ci yo Englewood and he Engl£wood Housing Autt.ori ty scheduled for N1 vember 15, 1934, 1vas di cussed. City Council will want to know what the go al of the Housing Authority ar . lt was •uggested by Pete arga~ that the Englewood Housing Au ori y gi e Ci y Council information in advance plus a short slide presen ation on ne Rehab, ARRP and Section 8 Existing units. The sta tu s of the tn']IPwood Housing Authorit.v audi 1va• bri ly discussed. The status of the conversion o he Englewood Hous'n9 A thority filing svstem was bt iefly reported on by 'he E>ecu 1 e Dir c or. The rew HUD aud1 r qui1enents undtt O~B Circul~r A-102 were discussed. Mrs. Vansyoc repor·ted that he HOt•Sing Authol"ity can now pick the auditor by the standards s' by ti Ho•Js111q Auttiori v. Mrs. Vansyoc al so stated hat he cntrria or audit ri;,t;11·ements needs to be put toge her for· the ext meeting and '• a ed tha t audi ors chos••11 need o be familiar w1 th audi ing public hous ng . I • • • Englewood Housing Authority Board of Co ~nissioners Regul ar Meeting October 31, 1984 IX. COMMISSIONERS' CHOICE ·---·---- • • • Pag e Six It was noted that Linda A. Knopinski 's memo to Beverly Brad s haw regarding housing programs and needs in the City of Englewood was di s tributed to the City Coun ci l at the Budget Retreat. Now proposed HUD eligibility criteri a which superce des EHA criteria was discussed, i.e., (A) pe r sons displaced through gove r nment action; (B) persons living in substandard house ; (C) persons paying more than 50 '!'. of their monthly income for rent. MOTION IT WAS MOVED BY BETT Y BE! ER THAT THE MEETING OF THE ENGLHIOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD OCTOBER 31, 19 84, BE ADJOURN ED. VALERIE LASH SECONDED THE MOTION . AYES: NAYS: ABSENT : BURNS, BEIER, LA SH NONE BRADSHAW, PETERSON The Chairman de c lared the Motion carried. The Meeting adjourned at approximately 8 :30 p.m. The Minutes of t he En gl ewood Housing Authority Board of Co1T111issio ner s Reqular Meeting held October 31, 1984 , stand a pproved as amended. '"r . I f ' l_ . c.Zllie{_ll._ ~. 1 '~¥b(:..__ --Linda A. Knopins i Acting Executive Director I • • ~( • • • Englewood Parks and Recreation Q:mnission 16 Minutes of November 8, 1984 Following a tour of the Engl~ Recreaticn Center, the regular IOOnthly meeting of the Engl~ Parks and Recreation Catmission was called to order at 5 :10 p .m. by Cl1ainnan Poole at the Engleviood ltlnicipal Golf Course clubhouse . Me!nbers present : Me!nbers absent : Allen, Boarcinan, Bradshaw, G:mes, Higday, Howard , Poole, Radanacher , Winkler, Rcrnans , ex officio Also present: !bug Foe, Assistant Director of Parks and Recreation Leen Kuhn, Assistant Director of Parks and Recreation Ken Ballard, Recreation Supervisor 01ainnan Poole asked if there were any additions or corrections to the minutes of October ll, 1984. TI-lere were none . A motion was made and seconded that the minutes be approved as presented . TI1e motion passed . Director Ranans reported that City Council approved the Catmission' s reccmnendation V to approve the proposed recreation center fees and equiµnent list as presented by the Parks and Recreation staff . &mans reported that City Council has informed City MIDager McCown that the fee schedule can be handled by staff unless there is a significant change . TI1ev do expect , however, to be informed of all changes. Director Ranans reported that Citv Council approved the fcmnission' s recannendation that no corporation fees be offered for acinission to the recreation center , and also that City Council approved the Ccmn.ission' s recmmendation to reduce non-resident winter week- day golf fees as proposed by Golf Pro Jerry King . Director Rcrnans reported that City Manager Mee.own had obtained an applicatien fran Arapahoe Co.mty to apply for county lottery funds to be used to purchase a bus for use by Malley Senior Center . Rcrnans stated that the application is being carq:>leted by Malley Center Director LuArme Mickelsen and it will be forwarded to the County Comnissicner for consideration soon . Director Rcrnans reported that Gary Diede, Director of Engineering Services , and Rick Kal-m of the Engineering Depar0te1t have set the date for C001>letion of the recreatien center en January l, 1985 . Director Ranans explained that a camiittee is in the process • • I • • (• Er)glewood Parks and Recreation c.airnission Minutes of November 8 , 1984 Page -2- • • • t of making plans for a dedication ceraraiy for the recreation center and it has been set tentatively for Saturday, February 2, 1985 . This date will be presented t o City Manager M:Col,,n for approval . &mans stated he hopes it will be possible to have a week or n..u to nove equiµ:rent into the center so that it will be canpletely operational before the ded- ication date . Ranans added that if the Camd.ssion has anyone special they would like to have invited to the dedication, they should give those nanes to Linda Wilks . A public invitation to all Engla.iooci citizens will appear in the paper . Di.rector Ranans stated that !Xirothy lA:l.lquist has reccmnended that the City , upon approval fran City Manager M:c.own and City Council , give a special recognition dinner the evening before the center dedication to those people who dedicated their t.irre and services to praoote the camunity center , i.e., the Parks and Recreation Ccmnissicn , City c.oun cil, and nenbers of the Citizens for an Engla.iooci Camunity Center Camrl.ttee . Di.rector Ranans reviewed three opt ions that were presented to City MIDager M::Cown by .; the Recreation staff for staffing the recreat ion center . Ranans stated that City M'!l'lage r M:Cow'l approved the organizational chart us ing one o f the present supervisors as center director (copy included in Camrl.ssion packet). This chart establishes that Re c r eation Supervisor Ballard will supervise the recreation cent er plus his pre sent dutie s as s uper- visor of all sports prograns . He will have a new part-t.irre person to assist in these duties . Cliainnan Poole , after s ~ discussion, asked if one person will be able to handle such a heavy ~rkl oad . Di.rector Ranans stated that if, after a trial period, his staff feels this ~kload too heavy for one persoo to perfonn effectively and efficiently, he will approach the City Manager and City Council for additional staffing . Ccmnissioner Boa.rctnan entered the meeting at 5 :30 p .m. Concerning landscaping for the recreation cente r, As sistant Di.rector Kuhn repor t ed that planting, whl.ch wa.5 originally scheduled for mid-Oc tober, has been de lay ed because the parking lot has not been CC1J1>leted . Kuhn stated that they prefe r to do no landscaping beyond the end of Oc tober to prevent l oss of plant material due to freezing weather. He stated he has advised the landscaping canpany to put the plant ma t erials oo hold un til Spring . Kuhn stated it is his hope to get the sprinkle r systsn in this Fall if the weather • • I • Englewood Parks and Recreation Ccmnission Minutes of November 8 , 1984 Page -3- • • • • holds out. Kuhn advised that late March to early April, 1985 is being considered for planting. Qnmissioner Bradshaw stated she has discussed with City Council her coocern with the ~ct en the recreaticn center that might occur sOOul.d sareone buy the ~-acre plot of land north of the recreaticn center. 1be Ccmnission exhibited l!llch ccncern en what might be constructed in that area . After sane discussion, Ccmnissiooer Boar<inan made a rroticn, seccnded by Catmissiooer Howard, to reeameld to City Council to purchase fran Beatrice Foods the ~-acre plot of land directly north of the Engl~ Recreation Center . The rrotion passed. Di.rector P.anans reported he checked with the City engineers as directed by the Ccmn- ission, concerning the trash that has collected in frcnt of the golf course road entrance and he was advised that the matter should be taken up with the City of Sheridan . P.anans .f spoke with Jim Qirnes of the City of Sheridan and was told that because of all the con- structicn alcng Oxford Avenue by PACL Warehouse, the trash will be cleaned up by PACE Warehouse~ all construction is crnpleted, 'Which will not be until Spring of 1985 . Assistant Di.rector Kuhn reported that the tree covering the park area light at Rotolo Park has been trimned by the parks crew so that Public Service Carpany can replace the light with a lcriger arm that will extend beyood the branching of the tree . He stated that he expects the light will be replaced by early ~t week . O:mcerning the section of handrail under the Broadway interchange that has been down for quite sc:xne time, Assistant Di.rector Kuhn reported that after talking with the State Highway Departrrent and getting no results, Kuhn talked with Di.rector of Public Works Kells Waggoner~ will contact the State Highway Departnelt . Di.rector Ranans stated that if Waggoner has no success, he will go to Ci ty Manager M::CO'.n and ask him to write t o the State Highway Departrrent . {t Ccncerning the flag at the go lf course clubhouse , Di.rector Ranans reported that Jerry King called the Q.istans Building t o inquire about the rules and regulations for taking down the flag at night. He was advised that there is no hard and fast rule for taking the flag down at night. A sugges tion was made t o put a spot l ight on the flag if it is going • • I • • Englewood Parks and Recreation Ccmnission Minutes of November 8 , 1984 Pag(, -4- ' to be left out 24 hours a day . • • • Assistant Director Kuhn reported that representatives fran the An£rican Excel sior Cocrpany , 4799 S . Windenrere, approached him concerning the possible dooati on to t!-e City of a ~ acre plot of land on the west side of Windermere . Kuhn stated the land presently has a three-bed.roan house and a.io large steel storage sheds . Director Ranans stated Mr. Kuhn will be meeting with Assistant City Manager Vargas to inform him of this possible donation and check out the possibilities of acquiring this land . Director Ranans asked the Ccmnission if they wish to canc el the De cember Ci:mnission meeting, as has be61 the practice in previous years, as there is no business requiring imnediate action . 'nlere was s~ discussion ccncerning a Orristmas dinner t o incl ude the Ccmnission members and spoo.JSes wtri.ch "10Uld replace the Decen-ber meeting . The Q:mnission decided that they would have a Orristmas party with spouses on December 18 , 1984 . thder Ccmnissioner's clvJice, Ccmnissioner Ganes states that the Englewood High School Advisory Coomittee, of ....nich he is a member , has been discussing different poss i b- ilities for keeping the kids off the streets after the high school prcxn and graduation . Ganes stated that this conmittee is interested in having parent -supervised activities at the Englewood Recreation Cent er on those evenings frcxn midnight to 4 :00 a .m. Af t er s are discussion , Director Ranans stated he would approach City Manager McCown for his approval of this matt er . The Ccmnis sion agreed t hat ther~ \olOUl d be no charge to the School Distr ict since this \olOUld not a ctually be a School District function, but a function conducted by the students' parents . Coomissioner Ganes reported that the Public Service light a t Ranans Park is still out on t!-e northwest comer of the tennis court . Assistant Director Kuhn stated he will again check with Public Service Canpany to have this light replaced . . Coomissione r Higday asked about the State ftnds for landscaping the Jianl'den/Santa Fe interchange . Director Ranans stated he will check into the matter . Qmnissione r Boarctnan asked about the property between OJshing Park and the r a ilroad tracks . He stated this \olOUld be a nice piece of land for the City to extend OJshing Park . He was informed that the property has a very large price tag and .Anderson C:OOStruction • • I • • • • · fzlglewood Parks and Recreation Cc.mni.ssion Minutes of November 8, 1984 Page -5- • • • Canpany and VonFrellick plan to develop storage on the property . Ccmn:i.ssioner Bradshaw informed the Cc.mni.ssion that City Council is very concerned about the impact of the develoixnent on the fairgrotrlds and how it might adversely affect Belleview Park and that City Ccuncil is DXlllitoring that development closely . Ccmnissioner Bradshaw reported that the U.S. Corps of Engineers has spoken to the City concerning the straightening of the curve in the Platte River near the Hall Property at Centemi.al Park and City Cooncil agreed that the curve should be straightened . A portion of land fran the City will be deeded to the State for the new course of the river . Ccmnissioner Bradshaw asked O:mni.ssioner Boardnan to obtain roore infonnation on the statenent by Ms. Wilsen that appeared in the October 25, 1984 School/City Ccmn:i.ttee min- utes which spoke of using proper channels of coonunication between Council members, School Board, and Parks and Recreation O::mnission relating to public statEm!rlts that concern both the School and City. The meeting was adjourned at 7:00 p .m. ,. (JJ~ unaa~,/Reco~secretary I • • ' I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY December 5, 1984 9 The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:40 P. M. by Executive Secretary Susan Powers. Members present: Totton, Cole, Minnick, Neal Nonvoting Alternate Mcintyre Members absent: VanDyke, Voth, Novicky Also present: Dick Hinson, Assistant Director Judith Belnap, Relocation Officer Gary Diede, Director of Engineering Services Penney Dietrich, EDDA Director James Espinoza, Administrative Assistant City Manag er McCown City Attorney Olsen Dorothy Dalquist, Public Relations Specialist City Council Members Higday, Otis, Vobejda, Neal Ms. VanDyke entered the meeting immediately after the call of the roll. II. ROECKER DESIGN GROUP. Ms. Powers stated that the purpose of the meeting is to follow up on a joint URA/City Council meeting of approximately three months ago, wherein concern was expressed on the proposed street lighting program along the Englewood Parkway. Brady Development Corporation has hired Roecker Design Group to prepare design guidelines for the entire development area, and at the last meeting of the Urban Renewal Authority, approval was given to sign a contract with Roecker Design Gro up to extend these design guide- lines to cover South Broadway from Eastman Avenue south to U. S. 285. Ms. Powers stated that th e City staff and Brady Development personnel have seen the presentation by Roecker Design Group. Mayor ProTem Bradshaw entered the meeting. Mr. Dave Roecker presented the design standards being recommended for Englewood Parkway and Little Dry Creek. These include street lights, street furniture, signage, etc. Mr. Novicky entered the meet ing during Mr. Roecker's presentation. Civil Engineer Ragland entered the meeting during Mr. Roecker 's presentation. Mr. Roecker presented a proposed budget breakdown on the fixture• that he has discussed. Mrs. Cole asked if the figures cited include installa- tion of the lights. Mr. Roecker stated that the cost includes the cost of the poles, globes, and footings; it does not include the cost of wiring and installation. • I • • f t ( • • • - -2- The total package of elements addressed by Mr. Roecker is estimated at $502,000.00. Messrs. Weist and Bila entered the meeting at 6:00 P. M. Mr. Roecker dis cussed the "entrance" I. D. at U.S. 285 and the Parkway and at Broadway and the Parkway. Ms . Powers asked for comments and questions. Mrs . Cole stated that the presentation for proposed street lighting and street furniture is "beautiful"; Mayor Pro-tern Bradshaw stated that she liked the proposal very much. Discussion ensued. Mr. Novicky asked if the URA has the money needed to do this program as it has been proposed. Ms. Powers stated that nothing is budgeted; she suggested that perhaps the determination should be made whether this is what is wanted in theme and accent features, and determine where the funds can be found later. Mr. Tatton stated that he liked the proposal; it gives a distinctiveness to the Parkway; he did point out, however, the proposed budget figures do not include installation costs. Mr. Neal stated that he would like to proceed on the assumption that the funds can be found to implement the proposal . He suggested that no orders for equipment be placed until the revenue sources are determined. Mr. Higday stated that he is in complete agreement with the concerns on funding; however, he pointed out, the City is doing something that is be- coming continually more exciting and significant, and the project should be completed as "nicely as possible without overextending ourselves." Ms. Powers stated that if the general theme has met with the approval of the Council and URA, it would be used as the general theme on Broadway, also, and will be taken to the EDDA in January. Mr. Voth suggested that the URA will take the comments of the City Council under advisement, and expressed the appreciation of the Authority for the attendance of the Council members and representatives of the Roecker De- sign Group and Brady Developm ent Corporation. III. APPROVAL OF MINUTES. November 7, 1984 Minnick moved: Novicky seconded: The Minutes of November 7, 1984 be approved as written. Mr. Voth declared the Minutes approved as written. IV. RELOCATION CLAIMS/APPEALS. (a) Grand Aerie Fraternal Order of Eagles. Ms. Belnap reviewed the relocation claim filed by Mr. Leo Lentsch on • I • • • ' ( • • • • -3- behalf of the Grand Aerie Fraternal Order of Eagles. Mr. Lentsch has appealed the staff determination regarding reprinting cos t s f o r obsolete materials, payment of attorney's fees, and personnel costs affiliated with the move. Mr. Lentsch addressed the Authority, and stated that the Fraternal Order of Eagles is a non-profit organization. Mr. Lentsch stated that the Grand Aerie of the Fraternal Order of Eagles is the membership branch of the Eagles for the entire country, and have more than 1,000,000 members across the country. Mr. Lentsch estimated that their mailings average 15,000 per month, and that the forms that are needed for these mailings are numerous. Mr. Tatton asked how long the $18,000 printing bill would restock the Eagles office. Mr. Lentsch estimated approximately three months. He estimated that close to $800,000 is spent per year on postage and flyers. Mr. Voth asked if the obsolete inventory is still in the possession of Mr. Lentsch. Mr. Lentsch stated that it is not; he was not told that it had to be kept, and he had it destroyed. Ms. Powers stated that the Authority would consider Mr. Lentsch's appeal, and let him know the determination tomorrow. (b) Waddell Music Group, Inc. Ms. Belnap reviewed the relocation claim filed by Waddell Music Group, and the appeal to the staff determination filed by Mr. Bob Waddell. This appeal is on the amount allowed for re-installation of the burglar alarm system, and for a double rent payment that he experienced during the move from one location to another. Mr. Waddell addressed the Authority, and stated that the $2,500 maximum allowance for re-installation of a burglar alarm system is not reasonable in his business; the system that is being installed at his new location is similar to the system he had at the site in Englewood, but the installa- tion cannot be done for $2,500. Mr. Waddell then addressed the issue of the double rent; he stated that a great amount of time was spent in remodeling the new location in prepara- tion to the actual move, and that rental payments were thus required at both locations. The Authority expressed their appreciation to Messrs. Bob and Glen Waddell for their attendance, and stated that a determination would be made later in the meeting and they would be notified of that determination on December 6th. V. ENGLEWOOD PARKWAY. (a) Construction Report Update. Ms. Powers stated that this report will be provided on a monthly basis to the URA, and asked that Ms. Ragland discuss the pertinent points of the report. Ms. Ragland reviewed the progress of the Concrete Works of Colorado on • I • ' ( • • • • -4- installation of the waterline and sanitary sewer line, and on demolition of the Old Hampden Bridge. Discussion ensued. (b) Construction Services: Safeway Retaining Wall and Sewer Relocation. Ms. Ragland reviewed this memorandum setting forth a need for additional funding authorization by the URA in the amount of $1,680.68. 'Tilere is an overage of $2,755.68, which was the result of additional time spent on the project by McLaughlin Water Engineers and Jorgensen, Hendrickson and Close because of contractor errors or omissions. There is $1,075 remaining in the budget for the "construction" of the project, and if that amount is applied to the "Construction Services" budget, the Authority need only au- thorize an additional $1,680.68 to cover the cost of the Safeway Retaining Wall and Sewer Relocation. Discussion ensued. Neal moved: Minnick seconded: The Urban Renewal Authority authorize the payment of $1,680.68 for the Safeway Retaining Wall and Sewer Relocation. AYES: NAYS: Voth, Cole, Minnick, Neal, Novicky, Totton, VanDyke None ABSENT: None ABSTAIN: None 'Tile motion carried. (c) Construction Services -Englewood Parkway Bid Package No. 1. Ms. Ragland discussed the need for the URA to contract for various con- struction services, such as observation of construction, testing and con- struction staking. This is in addition to the contract amount with the Concrete Works of Colorado for the actual installation of the water and sanitary sewer lines, the box culvert, and the demolition of the bridge. Ms. Ragland reviewed the proposals submitted by Black & Veatch, CDM , CTL Thompson, McLaughlin Water Engineers, and Western States Surveying, and the amounts that each company is estimating for their services. Discussion ensued. Totton moved: VanDyke seconded: The Urban Renewal Authority approve the construction services for the following companies in the amounts set forth: Black & Veatch CDM CTL Thompson McLaughlin Water Engineers Western States Surveying $ 9,900.00 $12,894.00 $13,000.00 $39,272.00 $ 7,973.00 TOTAL ••••••.••. $83,039.00 • I • • ' ' • • • • -5- AYES: Cole, Minnick, Neal , Novicky , To tten, VanDyke, Voth NAYS: No ne ABSTAI N: None ABSE NT : None The motion carried. (d) Little Dry Creek Final Design Broadway to Clarkson. Ms. Powers stated that this po rtion of Little Dry Creek design was done by contract between the City of Englewood and McLaughlin Water Engineers; however, when the funds from the Public Improvement Funds were transferred to the Urban Renewal Authority , so was the responsibility for the contract payment. Mr. Diede reviewed the changes that have been cited as reasoning for the increase in final design fees, the change requested being an additional $16,720 . Discussion ensued. Neal moved: Minnick seconded: The Urban Renewal Authority approve the e xpenditure of $16,720 for additional final design services on Little Dry Creek from Broadway t o South Clarkson Street, payable t o McLaughlin Water Engineers. AYES: Minnick, Neal, No vicky, Totten, VanDyke, Voth, Cole NAYS: No ne ABSENT: No ne ABSTAIN: No ne The motion carried. (e) Undergrounding Utilities: Properties in 3300 block of South Bannock. Ms. Powers stated that the utilities in the downtown redevelopment area are being placed underground. In the process of doing Little Dry Creek, the problems with service of overhead lines to existing buildings that will remain have been considered. Two of these buildings which will not be redeveloped are 3375 and 3385 South Bannock Street; the property owners do not want to pay the expense to put the lines serving these buildings underground, and yet it would make for a much more attractive redeveloped area as a whole if service is underground. The estimated cost to under- ground service to these buildings is between $10,000 to $14,000. Ms. Powers stated that the staff would like to proceed with getting these service lines put underground at the expense of the Authority for the overall aesthetic value. Ms. Powers stated that the same situation may exist at Ludwig 's Flowers, also; but this is not determined to this point in time. Ms. Powers then discussed the lines serving the First Interstate Bank. The lines serving this use are in the alley, the middle of the channel construction. Public Service Company officials have met with staff; it is PSC's proposal to provide service to First Interstate from the ser- vice at King Soopers area, at a cost of $22,814. Staff is not recommending • I • ' ' ' • • • • -6- that the Urban Renewal Authority stand payment for this service. Ms. Powers stated that she has discussed this issue with Mr. Jim Harm from Mr. Benedetti's office; he does not feel it is the responsibility of the Authority to pay because the improvements in the channel are for flood control purposes. Discussion ensued. Mr. Diede stated that it is his understanding that PSC will not begin construction until the bill is paid. Discussion ensued. Mr. Totten stated that he felt the URA should proceed with undergroun ding of the service to the buildings at 3375/3385 South Bannock Street. This was the consensus of t h e URA members. (f) Mountain Bell Ms . Powers stated that Mountain Bell has counter-sued the City of Englewood, and named the. Urban Renewal Authority as a "third party defendant". A copy of this suit has been sent to Jim Harm, and Mr. Harm will be working with Mr. Olsen, City Attorney, on the answer to the suit. VI. RELOCATION CLAIMS. (a) Queen City Candy. Ms. Belnap reviewed the relocation claim filed for Queen City Candy; this business will be moving to 4361 South Broadway in January, 1985. Mr. Flanagan, president/owner of Queen City Candy, is asking for cartage, packing, unpacking, cartage insurance, pre-paid yellow page advertising, and estimated tenant finish costs at the new address. This is the initial claim filed for this relocation; additional claims will be forth-coming. Ms. Belnap stated that the request as submitted is in the amount of $30,600.40; staff recommends payment of $3,440.20, citing the fact that tenant finish in a new location is not a compensable item; also, the telephone number will not change at the new location, therefore, one- half of the pre-paid advertising requested is recommended. Discussion ensued on the payment for pre-paid yellow page advertising when a business relocates within the same telephone exchange and keeps the existing number. VanDyke moved: Minnick seconded: Discussion ensued. The Urban Renewal Authority amend the guidelines for reimbursement of pre-paid yellow page advertising to state that when a business relocates within the same telephone exchange, and the telephone number does not change, that reimbursement will be 50 % of the cost. AYES: Neal, Novicky, Tatton, VanDyke, Voth, Minnick NAYS: Cole ABSTAIN: None ABSENT: None The motion c arried • • I • • ' , • • • • -7- Ms. Belnap further reviewed the relocation claim filed by Queen City Candy. VanDyke moved: Novicky seconded: The Urban Renewal Authority approve payment of $3,440.20 as a partial relocation claim payment to Queen City Candy. AYES: Novicky, Tatton, VanDyke, Voth, Cole, Minnick, Neal NAYS: None ABSENT: None ABSTAIN: None The motion carried. (b) Englewood Camera. Ms. Belnap reviewed the relocation claim filed for Englewood Camera; the request is for $17,480, and staff recommends payment of $16,780. This is an initial claim, and further claims will be submitted. Mr. Abe is dividing the Englewood Camera operation, moving the retail portion to Littleton in January, and the processing lab will remain in Englewood. Discussion ensued. Neal moved: Minnick seconded: The Urban Renewal Authority approve payment of $16,780.00 to Englewood Camera for a partial relocation claim pay- ment. AYES: Tatton, VanDyke, Voth, Cole, Minnick, Neal, Novicky NAYS: None ABSTAIN: None ABSENT: None The motion carried. (c) Jackie McGrath & Co., Inc. Ms. Belnap discussed the final relocation claim submitted by J ackie McGrath & Co., Inc. This business moved in October to Littleton, and this is the final claim to be submitted. The request is for $3,7 80.94, and staff recommends payment of $3,627.80. Tatton moved: Neal seconded: The Urban Renewal Authority approve payment of $3,627.80 to Jackie McGrath & Co., Inc.; this will be a final relocation payment to this business. AYES: VanDyke, Voth, Cole, Minnick, Neal, Novicky, Tatton NAYS: None ABSTAIN: None ABSENT: None The motion carried • • I • • n ' ' • • • • -8- (d) Blazer Financial Service. Ms. Belnap pres e nted a relocation claim filed by Blaze r Financ ial Service . The request for $13,079.72 encompasses compensation f o r t elepho ne r einstalla- tion, tenant finish costs, reprinting obsolete materials, moving an ou tdo6r sign, advertising the move, packing and unpacking personal property. Staff recommendation is for reimbursement of $4,381.90. Ms. Belnap discussed the fact that the reprinting costs will exceed the amount she has recommended, and noted that the Authority can either consider the additional amount in a subsequent relocation claim, o r can increase the amount of this claim. Discussion ensued. VanDyke moved: The Urban Re newal Authority accept the relocation claim filed for Blazer Financial Service, and approve payment of $4,381.90, with additional funding for printing ap- proved provided the total amount for reprinting obsolete materials does not exceed the maximum set forth in the Relocation Guidelines adopted by the Urban Renewal Au- thority. Discussion ensued. Ms. VanDyke withdrew her motion. Neal moved: Totton seconded: The Urban Renewal Authority approve payment o f $4,381.90 to Blazer Financial Services for their relocation expenses; the staff is authorized to approve an additional amount up to $400 for printing costs for obsolete materials based upon proper documentation. AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke, Voth NAYS: None ABSTA IN: None ABSENT : None The motion carried. (e) South Evangelical Presbyterian Fellowsh ip Ms. Belnap presented the relocation claim for the South Evangelical Presbyterian Fellowship; this firm moved in September to 3780 South Broadway, and a previous claim was paid for cartage, packing , and un- packing. The present claim was in the amount of $13,219.90 for rein- stallation of telephone service and obsolete pre-paid yellow page ad- vertising. Ms. Belnap stated that staff recommends payment of $2,164.90. Additional relocation expenses will be submitted later by this company . Neal moved: Minnick seconded: The Urban Renewal Authority approve payment of $2 ,164 .90 to the South Evangelical Presbyterian Fellowship for partial relocation claim. AYES: NAYS: Minnick, Neal, Novicky, Totton , VanDyke, Voth, Cole None ABS ENT: ABSTAIN: None None • I • • ' ' • • • -9- The motion carried. (f) Colorado's Finest Meats Ms. Belnap presented a second relocation claim filed by Colorado's Finest Meats; this claim is f o r an estimated six months storage for obsolete equipment until Mr. Valles can sell this equipment. Staff is recollllllending approval of $1,950.00 f o r the payment of storage costs; this will be billed directly t o the Englewood Urban Renewal Authority on a monthly basis, and the amount of equipment stored will be monitored. Novicky moved : Totten/Minn ick seconded : The Urban Renewal Authority approve payment o f $1,950.00 in storage costs for Colorado's Finest Meats for storage of obsolete equipment; this cost is to be billed directly to the EURA on a monthly basis. AYES: Neal, Novicky, Totton, VanDyke, Voth, Cole, Minnick NAYS: None ABSTAIN: None ABSENT: None The motion carried. (g) Ali Baba Restaurant Mr. Hinson stated that he discussed the payment of relo cation claim filed by AlCase Corporation for the relocation of the Ali Baba Restaurant with URA legal counsel Marlin Opperman; Mr. Opperman has stated that the pay- ment must be made to Ali Baba, and must be delivered t o Mr. Lehey as the legal counsel for Ali Baba. Discussion ensued. Mr. Hinson stated that Ali Baba Restaurant is eligible f o r relocation benefits, Mr. Lehey is the attorney for Ali Baba Restaurant; Mr. Opperman s tated that the request for relocation payment was submitted on behalf of Ali Baba, and the pay- ment s hould be mad e payable to Ali Baba, and delivered direc tly t o Mr. Lehey. Settlement will then depend on Mr. Lehey and whateve r o ther companies have dealings with Ali Baba. Ms. Belnap stated that th e staff recommendatio n wa s fo r paym ent o f $7,100.00; this business relocated in July, 1984. Discussion ensue d. VanDyke moved: Neal seconded: The Urban Renewal Authority approve payment to Ali Baba Corporation of $7,100.00 as a partial payment on their relocation claim; the staff is to determine by checking with the Finance Department whether or not any funds are due the City from the Ali Baba Corporation prior to payment being made. Further discussion ensued. Ms. VanDyke suggested that perhaps Mr. Opperman should be requested to submit a written opinion or be in attendance at the next meeting regarding payment to Ali Baba • • I • • ... ' • • • • -10- VanDyke moved: Minnick seconded: The Urban Renewal Authority go into Executive Session. AYES: Totten, VanDyke, Voth, Cole, Minnick, Neal, Novicky NAYS: None ABSTAIN: None ABSENT: None The motion carried. * * * * * Novicky moved: Minnick seconded: The Urban Renewal Authority come out of Executive Session. AYES: VanDyke, Voth, Cole, Minnick, Neal, Novicky, Totton NAYS : None ABSTAIN: None ABSENT: None The motion carried. Ms. VanDyke withdrew her motion approving payment to Ali Baba Corporation for relocation claim expenses; Mr. Neal, as second to the motion, agreed to withdraw the motion. VanDyke moved; Novicky seconded: AYES: Voth, Cole, NAYS: None ABSTAIN: None ABSENT: None The motion carried. The Urban Renewal Authority table action on the relocation claim filed by Ali Baba Restaurant until the next regular meeting; Mr. Opperman's presence is requested at this meeting to discuss this issue. Minnick, Neal, Novicky, Totton, Va nDyke (h) Grand Aerie Fraternal Order of Eagles. The appeal filed by Mr. Lentsch had been considered during the time the Authority was in Executive Session. Novicky moved: Minnick seconded: The Urban Renewal Authority approve payment of $9,996.03 to the Grand Aerie of the Fraternal Order of Eagles as the final relocation payment; this payment does acknowledge the extraordinary printing expenses cited by Mr. Lentsch in his appeal, and that amount is increased from the staff-recommended $3,000 to the Urban Renewal Authority- approved $6,000.00. AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSTAIN: Voth I • • , • • • • -10- VanDyke moved: Minnick seconded: The Urban Renewal Authority go into Executive Session. AYES: Totten, VanDyke, Voth, Cole, Minnick, Neal, Novicky NAYS: None ABSTAIN: None ABSENT: None The motion carried. * * * * * Novicky moved: Minnick seconded: The Urban Renewal Authority come out of Executive Session. AYES: VanDyke, Voth, Cole, Minnick, Neal, Novicky, Totten NAYS: None ABSTAIN: None ABSENT: None The motion carried. Ms. VanDyke withdrew her motion approving payment to Ali Baba Corporation for relocation claim expenses; Mr. Neal, as second to the motion, agreed to withdraw the motion. VanDyke moved; Novicky seconded: The Urban Renewal Authority table action on the relocation claim filed by Ali Baba Restaurant until the next regular meeting; Mr . Opperman's presence is requested at this meeting to discuss this issue. AYES: Voth, Cole, Minnick, Neal, Novicky, Totten, VanDyke NAYS: None ABSTAIN: None ABSENT: None The motion carried. (h) Grand Aerie Fraternal Order of Eagles . The appeal filed by Mr. Lentsch had been considered during the time the Authority was in Executive Session. Novicky moved: Minnick seconded: The Urban Renewal Authority approve payment of $9,996.03 to the Grand Aerie of the Fraternal Order of Eagles as the final relocation payment; this payment does acknowledge the extraordinary printing expenses cited by Hr. Lentsch in his appeal, and that amount is increased from the staff-recommended $3,000 to the Urban Renewal Authority- approved $6,000.00. AYES: Cole, Minnick, Neal, Novicky, Totten, VanDyke NAYS: None ABSTAIN: Voth I • • I • • • ,. • -11- ABSENT: None The motion carried. (i) Waddell Music Group , Inc. The appeal by Messrs . Bob and Glen Waddell had also been considered by the Urban Renewal Authority during the time they were in Executive Session. Novicky moved : Totten seconded: The Urban Renewal Authority approve payment of $5,095.55 to the Waddell Music Group, Inc. as partial payment on their relocation claim. This payment does take into consideration the appeal filed by Messrs. Waddell, and makes full payment on the reinstallation charge of the burglar alarm system of $4,350 due to extra-ordinary circumstances cited by Mr. Waddell on the nature of his business. The rent compensation is hereby denied. AYES: Minnick, Neal, Novicky, Totten, VanDyke, Voth, Cole NAYS: None ABSTAIN: None ABSENT: None The motion carried. (j) Relocation Synopsis. It was noted that the relocation synopsis was included in the packet for the information of the Authority. Ms. Belnap excused herself from the meeting. VII. PAUL LEWAN 3311 South Broadway Acquisition of this property, and the counter-offer made by Mr. Lewan had been considere d during Executive Session. Novicky moved: Minnick seconded: The Urban Renewal Authority reject the $925,000.00 counter offer of Mr. Paul Lewan; the Authority will consider any other counter offer from Mr. Lewan. AYES: Minnick, Neal, Novicky, Totten, VanDyke, Voth, Cole NAYS: None ABSTAIN: None ABSENT: None The motion carried. VIII. FIRS T INTERSTATE BANK/KRAVCO. Ms. Powers had discussed the i s sue of the use of a parking lot owned by • I • - • • • • -12- KRAVCO in exchange for property owned by First Interstate Bank during Executive Session. Novicky moved: Minnick seconded: The Urban Renewal Authority authorize Executive Director Powers to sign the letter/license agreement with KRAVCO on use of the parking lot north of Floyd Avenue. AYES: Neal, Novicky, Tatton, VanDyke, Voth, Cole, Minnick NAYS: None ABSTAIN: None ABSENT: None The motion carried. Novicky moved: VanDyke seconded: The Urban Renewal Authority authorize Chairman Voth to enter into the agreement with First Interstate Bank on "Contract to Exchange Real Estate" on behalf of the Authority. AYES: Novicky, Tatton, VanDyke, Voth, Cole, Minnick, Neal NAYS: None ABSTAIN: None ABSENT: None The motion carried. IX. BYLAWS AMENDMENT. Ms. Powers reviewed proposed amendments to the Bylaws, citing sections that had been deleted, sections or words that had been added, and modi- fication of the "Order of Business". Discussion ensued. Further modi- fications were made to the "Order of Business" by the Authority. Tatton moved: VanDyke seconded: The Urban Renewal Authority adopt the amendments to the Bylaws as proposed and discussed at the meeting on December 5, 1984. AYES: Tatton, VanDyke, Voth, Cole, Minnick, Neal, Novicky NAYS: None ABSENT: None ABSTAIN: None The motion carried. X. FINANCIAL REPORT. Ms. Powers reviewed the Financial Report for each property and project. Also reviewed were the sources of revenue through 1984, anticipated ex- penses on the various projects, and variables such as court-determined I • 1- ' • ( • • • • -13- acquisition/relocation costs which will not be determined until some time next year. Ms. Powers discussed the possible amendment of the Indenture on the bond issue, necessitated by the disposition of the interest earned on the in- vestments; it was anticipated that this interest would be deposited into the construction fund for immediate use; however, it is being deposited into a reserve fund, which will be used to retire the bonds. Discussion ensued. Mr. Neal noted one or two other sources of revenue that may be available to the Authority. Ms . Powers pointed out that the Authority will be bidding the actual con- struction on Englewood Parkway in April. Mr. Neal stated that he has received a breakdown on the investments of the City with the local banking institutions. XI. URBAN RENEWAL AUTHORITY DINNER MEETING. Members of the Authority were reminded of the dinner meeting to be at Gregory's Restaurant, Granada Royale Hometel on December 12; get-acquainted hour at 6:00 P.M., with dinner served at 7:00 P. M. The meeting adjourned at 10:00 P. M. 4~<-4L# Certrude G. Welty • Recording Secretary I • - (~ • • • • • WATER M~;:J SEWER BOARD Decemb e r 11, 19 84 Regular Meeting (Dinner ) 9 p The meeting was called to order at 5:00 p.m . Chainnan Best declared a quoru m pr esent. Members present : Members absent: Al so present: Vobejda, Be s t, Tho mps on, Ful l erto , Resley, Ot i s, Lay, Gull ey Hi gday St ewa r t Fonda , Di r ector of Utilities 1) NEW MEMBER -MR. R OBER~ THO MPSON. Stewar t Fonda introduced the new membe r of the En glewoo d Wat er and Sewer Board, Mr. Ro bert Thomp s on . 2) MIN UTES OF THE NOV EM BE 1~. 1984 MEE TING . The En glewood Wat er and Sewe r Board Minutes of Novembe r 14, 19f.4 were approv ed as wri tten. Ms. Lay moved; Mr. Resley se co nd ed : P.yes: Nays: Members absen : Motion carried . To approve he ovember 14 , 1934 meeting minutes as wr1 ten. Vobe jda , Best, Thomoson, Ful lerton, Resley, a is, Lay, Gulley one Hi9day Page l o 6 I • • ,, • • • • 3) TRI-CIT Y TR US T DJSS OLU ~lJN . Mr. Fo nda ex plained the purpose of the Tri-City Trust Dissolution t o the Boar d. Ea ch City involved preferred to work with one or tw o ditches rather than with five di c hes which would actu allv ~n ail t r2 use of a proportionate share of ten different water rights. T e s · lit of the ditches was wor ked out on a consumptive use basis . Mr. Fullerton mo ved; Ms . Lay seconded : Ayes : Nays: Me ir.bers absent : Mo tion carried. To rec omme nd Council aop r ove t he Tri-City Trust Dissolution . Vobejda , Be st, Th ompson, Fullerto n , Resley, Otis , Lay, Gulley Hone fiigday 4) C~LUMBINE RESERV OIR AND DAM . ihe Board dis cussed the letter from Mission Vie jo Company da t ed No ve mber 16, 198 4 regarding t he Columbine Reservoir and am. No mo tion wa s made. 5) CO tlS TDUCTJO SCHEDULE FOR U"l!ON AVENUE PUMP STATJO' . Lillard and Clark were t he low bidders f or the Union Pvenue Pump Station projec with a bid of Sl,2 7,629.00 . Tero ic of Award wa s pre vio usly executed by th e Colorado Water Conserva ion Board and the Notice of A ard should be executed along wi the lot·ce to Prcceed. The otice t o Proceed i s very important o s t ay on sch edule with the Co r ps of Enginee r s. Stew art Fonda a lso discussed with the Board the Public Service Company Electric Distribution Li e Extension Agree~ent for hP Union Avenue Pu mp Station. T agreement is for the elec rical requiremen t s for th e Punp Station and is part of the entire proJect. A) Mr. Fullerton moved; Mr . Resley seconded: Ayes: To rec o11111'end to Council npproval o the Notice of Award to Lillard and Clark for the Union Avenue Pump Station projec . Vobejda, Best, Thompson, Fuller on, Resley, Otis, Lay, Gulley Page 2 of 6 • I • • - (( ( • Nays: Me mbe rs ab sent: Motion carried. B) Ms. Gulley mo ved; Ms . Lay seconded : fl.yes: Nays : Me mbers absent: Motion carried, C) Ms. Lay moved; Ms . Gulley second ed: Ayes : Nays : Members abs ent: Motion carried. • • • ~o ne Hi gday To re commend to Co un cil a pnroval of the Not ice t o Proceed for the Unio~ ~ve nu e Pump Station pro ject. Vob e j da, Best, Thompson, Fullerton . Re sley , Otis, Lay , Gulley None Higday To re comme d t o Cou ncil approval of the Publi c Service Co ~1 ran [l r tric Distribut ion Line E~tension Aoreemen fo r t he Union Aven e Puma S at1on. Vob!j da, Best, hompson, Fuller on, kesley, Otis, Lay, ulley tlo ne Higday 6 1 LICE NSE AGRE E ME~T -WI lDERMEPE AND BELLEVIEW. A License Agreement fo r an A" ductil! iron wate r pip wa s submi ed by Leslie N. Johnson. This is to cons ruct, utilize, maintain, repair and re place the ductile iron wa er pine across t e City's right-of-way for th e City Ditch loca ed at Windemere and Bf:'lle w. Ms. Gulley moved; Mr. Resley seconded : To recommend to Council ap1 rova 1 o' the Lie nse Aore ~ent for ~r. Leslie N Johnson loca e a appro~1mc elv Winder111ere and Belleview Page 3 of 6 • I • • ( • Nays: Members absent : Motion carried . B) Ms. Gulley mo ved; Ms. Lay seconded : P.yes : Nays: Me mbers absent : Motion carried, C) Ms. Lay moved; Ms. Gulley second ed: Ayes : Nays: Members absent : Motion carried. 6) LICENSE AGPEEME • • • ~o ne Hig day To recommend to Cou ncil ap oroval of the Notice to Proceed for t e U io1 1 Ave nue Pump Stati on pr oject. Vobejda, Be st, Thompson, Fuller o , Re sley, Otis, Lay, Gulley None Hig da y To r ecom~end to Co un cil arproval o he Public Servi ce Co~.r an y [lac ric Distribution Line Ertension Agree~ent fo r t e Unio n Av e n e Pu~o Stati G . Vobejda , Best, Thomason, Fullerto n , e sle , Otis, Lay , ~ulley one tlig day -WINDERMERE A~D BELLEVIEW. A License Agree men t or an 8" ductil iron wa er pipe was sub•nitted by Leslie N. Johnson. T~is is to cons ruct, utilize, main ain, repair and re place he ductile iron w1ter pipe across Cit 's right-of-way for th City Ditch Joe.a ed a indermer and Belleview Ms. Gul ley moved; Mr . Resley seco ded . To reco1!J11 nd o Council approva 1 o h Lie nse Agree~en for Mr. Leslie John5on locatPd at appro ximat lv \..inder-irere and Bellevie1-1 Pag 3 of I • • - • Aye s: Nays: Me mbers absent : Motion carried . • • • Vobejda, Best, Tho mp son, Fullerton, Resley, Otis , Lay, Gulley None Higda y 7 ) LICENSE AG REEMENT -PARK-N-RJOE. The re quest for a license agreement for the encasement of the City Di tch at the Littleton Park-n-R i de , submitted by Mr. Danaher of RTD, ~1as tab 1 ed. 8 ) "THAN K YOU ' LETTER . The Board rec ei ved a copy of a t han k you lette r received re qard i ng the c ourtesy extended by a Util 1t1 es Dcpa rtmen ~ empl oyee, Mr . Mac Mc Collurn . 9 ) SOUTHGATE SUPPL EM EN T ,104. Mr. Fonda reviewed So uthga e San 1 a i on Di s t rict 's req ues t t o ann ex appro xi mately 2.3 a cres ' sizE and 1s pre s entl y zone1 G-l wot th e pr ooosed zon in g to re ~ai e s ar P. i s does no t in c r eas e th e nu mber of taps a ll oc a e d o Sou th ga " Sanita tio n Dis tric t . The C•wn e r i s Gr eenwo od Centr , L d. Mr . Fu ll erton mo ved: ~s. Gu lley s eco nd ed : Aye>: t1a y s : embers a bs en : Mo t i on ca r r i ed . To reco'11Ti e nd Ci t y Cou nci l a pp r ove Sou hga t e Sa ni tati on Dist ri c t 's Sup p 1 en • nt t104. ob je j a, BPs t, Thomps on , r ul l e r ton , Resl ey , Otis , Lay, Gulley ~.on e Hi oda y age .: o f1 I • • l • • • • 10) GREENWO OD VILLAGE sup · ~"'['-::9. tl.r. Fonda review ed Greenwoo d Villa qe Se wer Gen ral !l"prove"'"n' Dis trict 's reque st t o ann ex appr orima tel 30 ac res o vaca ldrd. The pr oposed zoning is to be f or s 'ngle •al"il r side ces. T is does not increas e the nu mber of ta ps a 11oca ed o Greenw ood il'age General I mp rovement District. h owners are Eulalia ea qan Cervi, Mary Cla re Symons and Clara ~odriqu z. c /o Leonard M. Ca pbe1 1 . Mr. Fullert on mo ved ; Ms. Gulley second ed: Ayes: Nays: Members absent: Motion carried. To re colll'11end Ci y Co uncil a ppro ve Gree nwood Village Genera l l mprove ne t Distri c t's Supplement ~9. Vc beJ da. Best , Thompson, Full erton, Resley, Otis, Lay , Gulley ore Higday 11) LICENS E AGREEM E T -CORNER OF PRINCE AND W. LAKE AV E. The Cherokee Co rpora ion su mi tted a license agreeme nt •or a 12-inch storm sewer. In the a g re emen , th e Licensee r ese rves th e r i gh t t o grant an alternate easement oc a ion. Any additiona l e xoenses i ncurred by usin g an a l erna ive e ase~en location over a nd abov e the expense of using the eY i s i ng easenent l oca tion will be borne by th e License e . The Lice ,n A1r em n is or a si t e s ituat d on the northeast corner o' Pr ine· St1e and Wes t LaYe Aven ue in Littleton . Mr . Resley moved ; Mayor Otis second ed: f.. es : ays: To 1·ec oimie nd to Council i!pproval of h LicenSP Agr ement ram t e C er okee orpnrat1on loca ed at e o rthea~t co r nPr at Prine S ree nd ~es Lay<> Aven e in Li tle o . '.JobeJda, Bes t, -hompson , Ful 1 er ton , Resle., 0 ·s, Ldy , Gu1le .on • I • • I • • • • Embers absen : Higday Motion carr;ed . 12 ) WASTE WATER TRANSMISSION AGPEEMENT -COUNTY LINE LA OFILL. Mr. Fonda rresenteo an aoreernen frail' the So:it h Ara pchoe Sanitation Distr ict, the Board of Co unty Com111issi on e r s of the County of Arcpah oe and Waste Man agement of Colorado,lnc. The aoreement is for permiss i on to use the District fa ci liti es to ca rr1 waste water from the landfill to he Ci y's reat ·~nt Plan t. Mr. Fullerton moved; Ms . Lay seconded : Ay P.s: Nays: Me mbers abse Mot i on c:arrieo. To recorim nd Ci y Council aprruval c• tne Waste Wa r 7tans~issi on Aoreement wit h Sou Arapahoe Sa nita ion Dis ri ct , the Board of CoJn y Corissio e s o' 1 P County o Ararahce a•td has t '~ nage ne nt of Colorado , Inc . obeJda, Best, T>ici:npson, F,.11 1· or , Res ley . rtis , Lay , Gulley ~J ne iqdoy Te meeting adJourned" 7 :00 p.n. Tr.e next Englewood ha t rand Sew r Board r·ee ino will he held January 8, 1984 in he L ihrary Con eten c e Poor-1. Resr;ectfo I ly subnii t d, Ca th Burrage R£:cordinq Secre ary r nq• Ii o t I • • • • • - ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 MINUTES December 12, 1984 9 ·- Board Members Present: Coleman, Kaufman , Mausolf, Neal , Owens, Pendleton, Tomooka Board Members Abs en t: Green, Holthaus, Oswald Staff Present: P. Dietrich Guests and Visitors: Dorothy Dalquist The regular meeting of the Englewood Downtown Development Authorit y Board of Directors was called to order by Chairman Bill Pendleton at 12:06 PM on December 12, 1984. The minutes from the November 14, 1984 r egualr mee ting were present ed for approval. Ms. Owens moved, secon ded by Mr. Kaufman, to approve the minutes from the previous meeting. The motion was passed unanimously by voice vote. The Treasurer's Report was presented by Bill Pendleton. Mr. Neal moved, seconded by Mr. Tomooka, to accept the Treasurer's Report as presented. The motion was passed unanimously by voice vote. CHAIRMAN'S REPORT 1985 Proposed Budget -The 1985 proposed budget was presented by Rachel Owens, member of th e budget subcommittee. She explained each line item, with particular emphasis on the budget as it related to the work program and the projects for 1985. A series of questions regarding the proposed street- scape for Broadway, lighting costs, street identification, and banners were discussed. Mr. Mausolf moved, seconded by Mr. Coleman, to approve the 1985 budget as presen ted. The motion was passed unanimously by voice vote. The Budget Subcomm!tte also recommended that the Chairman appoint a sub- committee to recomm nd alternative us es for the carry over balance of the EDDA. Mr. Pendleton appointed Fred Kaufman, Chairman, Rachel Owens and Dan Green to this subcommittee. • I • • • • - MINUTES ENGLEWOOD, COLORADO 9 F" BOARD OF ADJUSTMENT AND APPEALS December 12, 1984 The regular meeting of the Board of Adjustment and Appeals began at 7:30 p.m . with Chairman Fish presiding . MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Seymour, Hallagin, Brown, Gage, Dawson, Ferguson and Fish. None . Dorothy A. Romans, Staff Advisor Nanc y Reid, Assistant City Attorney Mar y Alice Rothweiler, Planner I Sheryl Rousses, Recording Secretary * * * * * BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF NOVEMBER 14, 19 84, BE APPROVED, WITH THE APPROVAL OF THE FINDINGS OF FACT INSERTED. Board Member Gage seconded the motion. Upon a vote, all seven members voted in the affirmative, and the Chai rm a n ruled that the Minutes were Approved as amended . * * * * * BOARD MEMBER BROWN MOVED THAT THE FINDINGS OF FACT I CASES 1'10. 29-84 AND 31 -84 BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion. Upon a vote, all seven members voted in the affirmative , and the Chairma n ruled that the Findings of Fact were APPROVED as written. * * * * * The Chairman stated that there was a co ntinued case. The Chairman asked for a motion con erning Case No. 32-84. BOARD MEMBER FE RGUSO N MOVED THAT TN CASE NO. 32-84 , FOR PROPERTY LOCATED AT 2303 EAST DAR™OUTH AVENUE, THE APPLICANTS, !ARK LEE LEVINE, ROBERT L. PITLER AND KENT JAY LEVINE, BE GRANTED AN EXPANSION OF A VARIANCE GRANTED TO THE PREVIOUS OWNER OF THE SUBJECT PROPERTY, LEONARD CHESLER, ON AUGUST 8, 1984. THIS VARIANCE WOULD CHANGE THE PERMITTED USE FR M A PROFESSIONAL OFFICE BUILDING FOR ATTORNEYS AND ARCHITECTS TO AN OFFICE BUILDING FOR ATTORNEYS, ARCHITECTS, ENGINEERS AND REAL ESTATE BROKERS. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 b, PERMITTED PRINCIPAL USES. Board Member Gage seconded the motion. • I • • Page Two Minutes December 12, 1984 • • • Safeway Grand Opening -The grand opening of the Safeway Store in the downtown district was very successful. It was reported that the store has been ex- tremely busy since the opening. DIRECTOR'S REPORT Landscaping -Streetscape -At the January 9, 1985 regular meeting of the EDDA, the Roecker Design Group will present the proposed streetscape for South Broadwa y . These designs will coincide with those already de signed fo r t he Englewood Parkway. Newsletter -There will be two issues of the engleword published and distri- buted by the end of 1984. Suggestions were made for additional distribution points for this newsletter. Also, it was suggested that an over all informa- tion sheet be printed in early 1985 regardin g the entire redevelopment project. Street Closure Information -Information on street closures and disruptions in traffic has not been di s tributed in a timely manner. There has not been enough lead time for this information to be distributed to customers. In addition to the st reet closure of Girard, South Bannock will become a two way street. Semina rs for Small Business -The Small Business Assistance Center at the Universit y of Colorado sponsors several small business seminars on beginning and managing a profitable business . It is proposed to sponsor this kind of a program in 1985. Slide Show -Ms. Dietrich presented a slide show on the downtown r edevelopment project. This slide show will be presented to any interested parties in the area during the early part of 1985 . Also, it will be updated as appropriate. Other -The owner of 7 houses in the 3600 block of South Fox called and wanted to know if the EDDA was interested in purchasing this block of land. This ar ea is not in the downtown district. Other -It was noted that additional signs should be posted with the location of the public parking lot on South Lincoln, particularly during the construction of the redevelopment project. The Director will follow up on this request. Other -Mr. Kaufman requested a workshop on the use of computers for retail operations. This can be scheduled for early 1985. As there was no other business, th meetin g wa s adjourned at 1:10 PM . • I • • • • - -2- The members locked in their votes ,nd gave their findings as follows: Mr. Seymour said th at he voted "n o " because the six co nd itions ne cessa ry to grant a variance wer e not met; a nd the variance did not ad dress the needs of th e neighborhood. Mr. Hallagin stated that he voted against the motion because he felt that mor e s tringent c onditions wer e needed t o protec t the ne ighborhood . Mr. Brown stated that he voted against the motion in ord e r to add more conditions. Mr. Gage said that the applicants did not meet the six conditions, a nd a denial would permit a new motion with better safeguards for the neighborhood. Mr s . Dawson voted "n o " to permit the improvement of the motion by addressing certain details. Mr. Ferguson voted "no" be cause Item six was not followed under the o ld variance , beca us e the appropriate us e of the adjacent property mi ght be af fecte d; a nd the essential character of the neighborhood might be altered. Mr. Fish co nc urred with the o ther members of the Board. When the votes were displayed, all seven members had voted agains t the motion; and the Chairman ru led that the varian ce was denied. BOARD MEMBER SEYMOUR MOVED THAT IN CASE NO . 32-84, THE BOARD OF ADJUSTMENT AND APPEALS GRANT THE APPLICANTS, MARK LEE LEVINE, ROBERT L. PITLER AND KENT JAY LEVINE , AN EXTENSION OF A VARIANCE GRANTED BY THE BOARD OF ADJUSTMENT AND APPEALS ON AUGUST 8, 1984, TO LEONARD M. CHESLER IN CA SE NO. 23 -84 , WHICH VARIANCE PERMITTED THE STRUCTURE AND PREMISES AT 2303 EAST DARTMOUTH AVENUE TO BE USED AS A PROFESSIONAL OFFICE BUILDING FOR ATTORNEYS AND /O R ARCHITECTS. THE EXTEN SION REQUESTED IN CASE NO . 32 -84 WOULD ALLOW THE STRUCTURE AND PREM ISES AT 23 03 EAST DARTMOUTH AVENUE TO BE USED FOR THE OFFICES OF ENGINEERS AND REAL ESTATE BROKERS, IN ADDITION TO, BUT NOT IN LIEU OF , THE PROFESSIONAL OFFICES OF ATTORNEYS AND/OR ARCHITECTS. THIS TS A VA RIANC E FROM THE COMPREHENSlVE ZONING ORDINANCE, SECTlON 22 .4-2 b , PERMITTED PRINC IPAL USES. THE GRANTING OF THIS VARIANCE SHALL BE CONDITIONAL UPON COMPLIANCE WITH THE FOLLOWING CONDIT ION S : 1. THE PRIMARY OCCUPANCY OF THE BUILDING AND PREMISES SHALL BE FOR THE PRO- FESSIONAL OFFICES OF ATTORNEYS AND ARCHITECTS; ANY OCCUPANCY OF THE STRUCTURE AT 2303 EAST DARTMOUTH AVE E BY REAL EST ATE BROKERS AND/OR ENGINEERS SHALL BE ASSOCIATED WITH THE PRINCIPAL OCCUPANT ATTORNEYS AND/OR AR CHITECTS. 2. THE STRUCTURE SHALL NOT BE CONVERTED TO PROFESSIONAL OFFICE S UNLESS OR UNTIL ALL NECESSARY PE RM ITS ARE OBTAINED AND ALL APPLICABLE CITY CODES AND/OR ORDINANCES ARE SATISFIED. 3 . 4 . THE OUTSIDE OF THE STRUCTURE AT 2303 EAST DARTMOUTH AVENUE SHALL NOT BE ALTERED. IF AN OU TSIDE STAI RWAY IS REQUIRED BY AN ORDINAN CE OF THE CITY OF ENGLEWOOD BEFORE OCCUPANCY OF THE STRUCTURE AS A PROFESSIONAL OFFICE BUI LDING, SUCH STAI RWAY SHALL BE LOCATED ON THE EAST SIDE OF THE STRUCTURE IN ORDER TO MINIM IZE ANY NEGATIVE IMPACT ON TH E ADJACENT RESIDENTS. THE USE OF THE ST RUCTU RE AT 23 03 EAST DARTMOUTH AVENUE AS A PROFESSIONAL OFFICE BUILDING FOR ATTORN EYS AND ARCHITECTS WITH SUBSIDIARY USE BY REAL • I • • • • - -3- ESTATE BROKERS AND ENGINEERS SHALL BE SUBJECT TO A CERTIFICATE OF OCCUPANCY WITH THE FOLLOWING STIPULATIONS: a. AT SUCH TIME AS IT IS DETERMINED BY THE CODE ADMINISTRATOR THAT THE STRUCTURE IS IN COMPLIANCE WITH ALL APPLICABLE CITY CODES AND ORDINANCES FOR OCCUPANCY UNDER GROUP B DIVISION 2 OCCUPANCY UNDER THE 1982 UNIFORM BUILDING CODE OR ANY AMENDMENT THERETO, A TEMPORARY CERTIFICATE OF OCCUPANCY WHICH SHALL BE IN EFFECT UNTIL A DATE CERTAIN AS SET FORTH HEREIN, SHALL BE ISSUED TO THE APPLICANTS LEVINE, PITLER AND LEVINE, TO OCCUPY THE STRUCTURE EVEN THOUGH THE CON DITIONS PLACED UPON THIS VARIANCE APPROVAL WHICH ARE APPLICABLE TO THE GROUNDS SURROUNDING THE STRUCTURE , I.E., LANDSCAPING, DRAINAGE, OFF-STREET PARKING, ETC., HAVE NOT BEEN COMPLETED BECAUSE OF SEASONAL RESTRAINTS ON PLANTING OR THE TIME NECESSARY TO ACTUALLY IMPLEMENT SAID CONDITIONS. (1) THE CODE ADMINISTRATOR MAY AUTHORIZE VARIATIONS TO THE REQUIREMENTS OF THE UNIFORM BUILDING CODE UNDER SECTION 3-1 -3 j OF THE ENGLEWOOD MUNICIPAL CODE IF APPLICABLE. b. ALL CONDITIONS ATTENDANT TO THE APPROVAL OF THIS VARIANCE REQUEST AS THEY APPLY TO BOTH THE STRUCTURE AND GROUNDS SHALL BE COMPLETED TO THE SATISFACTION OF THE CODE ADMINISTRATOR BY JULY 1, 1985. c . UPON SUCH DETERMINATION BY THE CODE ADMINISTRATOR THAT ALL OF THE CONDIT IONS HEREI N ARE MET, A CERTIFICATE OF OCCUPANCY SHALL BE ISSUED . d. IF ALL OF THE CONDITIONS SET FO RTH IN THIS ACTION ARE NOT COMPLETED BY JULY 1, 1985, THE OCCUPANCY OF THE STRUCTURE SHALL BE TERMINATED UNTIL SUCH TIME AS THESE CONDITIONS ARE MET. 5. IF FOR Ai'IY REASON WHATSOEVER, THE STRUCTURE, TOGET HER WITH TH E SURROUNDING PREMISES, IS VACATED BY SUCH PRINCIPAL USER ATTORNEYS AND/OR ARCHITECTS, THE STRUCTURE AND PREMISES AT 2303 EAST DARTMOUTH AVENUE SHALL BE USED ONLY AS A SINGLE-FAMILY DWELLING UNLESS THE APPROVAL OF THE BOARD OF ADJUSTMENT AND APPEALS, ACTING IN AND FOR THE CITY OF ENGLEWOOD , COLORADO, IS RECEIVED. 6. 7. REQUIRED OFF-STREET PARKING SHALL BE PROVIDED IN THE AREA ON THE NORTH SIDE OF THE SUBJECT PROPERTY AND SUCH PARKING AREA SHALL BE PROPERLY GRADED FOR DRAINAGE WITH ON-SITE DETENTION OF STORM RUN-OFF , AND SHALL BE SURFACED WITH CONC RETE, ASPHALTIC CONCRETE, ASPHALT OR BRICK PAVERS. IN ADDITION, SUCH PARKING AREA SHALL BE PROVIDED WITH BARRIERS OF SUCH DIM ENSIONS THAT OCCUPANTS OF ADJACENT OR ADJOINING RESTDENTIAL STRUCTURES TO THE WEST, NORTH AND SOUTH ARE NOT UNREASO ABLY DISTURBED , EIT HER BY DAY OR BY NIGHT , BY THE MOVEMENT OF VEHICLES OR THE LIGHTS THEREOF. SUCH BARRI ER SHALL CONSIST OF A DECORATIVE WALL OR CLOSED-FACE FENCE AT LEAST FOUR (4) FEET HIGH OR AN OPEN-FACED FENCE TOGETHER WITH A SCREEN OF EVERGREEN TREES PLANTED IN SUCH A MANNER AND OF SUCH SIZE THAT WITHIN (TEN (10), (FIVE (5)) YEARS WILL FO RM A SOLID SCREEN OR BARRIER TO PASSAGE OF PERSONS , WASTE MATERIAL AND LIGHT FROM HEADLIGHTS. LIGHTING FACILITIES IN THE PARKING AREA SHALL BE SO ARRANGED THAT THEY DO NOT UNDULY ILLUMINATE OR REFL ECT ON ADJACENT RESIDENTIAL PROPERTIES. THE BERM ON THE WEST SIDE OF THE PROPERTY SHALL BE REMOVED, AND THE GROUNDS LANDSCAPED. ON THE WEST SIDE OF THE PROPERTY, TREES OF A VARIETY WHICH COMMONLY GROW TO A HEIGHT IN EXCESS OF 12 FEET, SHALL BE PLANTED IN CLOSE PROXIMITY TO THE STRUCTURE, RATHER THAN ADJACENT TO THE WEST PROPERTY LINE, • I • • • • - -4- IN ORDER TO PROVIDE A PRI VACY SC REEN WITHOUT BLOCKING THE SUN FROM THE HOMES OF RESIDENTS TO THE WFST. THE LANDSCAPING SHALL BE APPROVED BY THE PLANNING DIVISION. 8. A DRAINAGE STUDY SHALL BE SUBMITTED TO THE ENGINEERING DIVISION DEMONSTRATING THAT ALL RUN-OFF IN EXCESS OF THE HISTORIC FLOW WILL BE CONTAINED ON SITE . 9. THE CURB, GUTTER AND PAVING NECESSARY TO TIE INTO THE EXISTING PAVING IN EAST DARTMOUTH AVENUE AND SIDEWALK SHALL BE INSTALLED ON THE NORTH SIDE OF EAST DARTMOUTH AVENUE AT THE OWNERS' EXPENSE PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. THIS VARIANCE IS GRANTE D ON THE FOLLOWING GROUNDS: 1 . THE STRICT APPLICATION OF PROVISIONS OF THE COMPREHENSIVE ZO ING ORDINANCE AS APPLIED TO THE PROPERTY AT 2303 EAST DARTMOUTH AVENUE WOULD RESULT IN PRACTICAL DIFFICULT IES OR UNNECESSARY HARDSHI P INCONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO. 2 . THE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS APPLYING TO THE PROPERTY AT 2303 EAST DARTMOUTH AVENUE DO NOT APPLY GENERALLY TO OT HER PROPERTIES IN THE R-1-A ZONE DISTRICT. 3. THE GRANTING OF THIS VARIANCE WILL NOT BE A SUBSTANTIAL DETRIMENT TO THE PUBLIC INTEREST OR TO THE PROPERTY IN THE R-1-A ZONE DISTRICT AND WILL NOT MATERIALLY IMPAIR THE PURPOSE OF THE COMP REHENSIVE ZONING ORDINANCE. 4 . THE VARIANCE GRANTED IS THE MINIMUM NECESSARY TO RELIEVE THE EXISTING HARDSHIP. THE DEPARTMENT OF COMMUNITY DEVELOPMENT rs HEREBY AUTHORIZED TO ISSUE THE NECESSARY PERMITS AND TO ENFORCE THE TERMS AND CONDITIONS OF THIS MOTION. Baord Member Gage seconded th motion. The Board discussed the time limit permitted fo r the landscapin~ t o mature and decided to requir e that the landscaping form a solid screen within 7 years . Mrs. Romans suggested that, if an a rrangement can be worked out with the c hurch, an ame ndm e nt be made to permit the owners to use the parking which is provided by the church for the office building's required off-street parking. This amendment would make unnecessary Condition 6 's requirement for screening of the parking area. Discussion ens ued . BOARD MEMBER SE YM O R MOVED THAT THE MOTION BE AMENDED TO CHANGE CONDITION 6 TO READ: "UNLESS JOINT USE PARKING IS PROVIDED ON THE PROPERTY ADJOINING TO THE EAST PURSUANT TO SECTION 22.5 e OF THE COMPREHENSIVE ZONING ORDINANCE, THE REQUIRED OFF-STREET PARKING SHALL BE PROVIDED IN THE AREA ON THE NORTH SIDE OF fHE SUBJECT PROPERTY AND SUCH PARKING AREA SHALL BE PROPERLY GRADED FOR DRAINAGE WITH ON-SITE DETENTION OF STORM RUN-OFF, ANO SHALL BE SURFACED WITH CONCRETE, ASPHALTIC CO CRETE, ASPHALT OR BRICK PAVERS. IN ADDITION, SUCH PARKING AREA SHALL BE PROVIDED WITH BARRIERS OF SUCH DIMENSIONS THAT OCCUPANTS OF ADJA CENT OR ADJOINING RESIDENTIAL STRUCTURES TO THE WEST, NORTH AND SOUTH ARE NOT UNRE ASONABLY DISTURBED, EITHER BY DAY OR BY NIGHT, BY THE MOVEMENT OF VEHICLES OR THE LIGHTS THEREOr. SUCH BARRIER SHALL CONSIST OF A DECORATIV E WALL OR CLOSED-F ACE FENCE AT LEAST FOUR (4) FEET HIGH OR AN OPEN-FACED FEN E TOGETHER • I • • • • • • -5- WITH A SCREEN OF EVERGREEN TREES PLANTED IN SUCH MANNER AND OF SUCH SIZE THAT WITHIN SEVEN YEARS WILL FORM A SOLID SCREEN OR BARRIER TO PASSAGE OF PERSONS , WASTE MATERIAL AND LIGHTS FROM HEADLIGHTS. LIGHTING FACILITIES IN THE PARKING AREA SHALL BE SO ARRANGED THAT THEY DO NOT UNDULY ILLUMI NATE OR REFLECT ON ADJACENT RESIDENTIAL PROPERTIES. IF AT ANY TIME IN THE FUTURE THE JOINT USE PARKING IS WITHDRAWN, THE PARKING SHALL BE SET FORTH AS ABOVE." Board Member Gage seconded the motion. Upon a vote all seven members voted for the amendment, and the Chairman ruled tha t the amendment had PASSED. The Chairman called for a vote on the amended mo tion. The members locked in their votes and gave their findin g s as fo llows: Mr . Seymour said he voted "yes" because the added conditions will give the neighborhood further protection . Mr. Hallagin said he voted in favor of the motion because he would like to see the large building used and preserved. There is a hardship and the six conditions n eces sary for granting a variance will be met if the variance conditions are met. He suggested that the owners work closely with the City. Mr. Brown voted "yes" because he felt this would be the best use for the property and house, and the ad ded conditions will beautify the property and make it an asse t to the neighbo rhood. Mr. Gage voted "yes" since the six conditions will be met because of the additional r quirements attached to the expansion of the variance . Mrs. Daw son s tated that she had voted "yes" because the new condit ions wi ll satisfy the problems of the neighbors, and the six conditions requ ired for a variance would be met. Mr. Ferguson said he voted "yes" because the house cannot be maintained as a single-family dwe lling, a nd the a dded conditions will mak e the situation better. Mr. Fish said that the applicant met the six cond itions necessary for g ranting a variance after the additional requirements were made to strengthen the original variance. The situation has been deteriorating, and this expansion of the variance will reverse that. Th votes were displayed; all seven members voted in favor of granting the variance with the specified co nditions ; and the Chairman stated that the variance was GRANTED. H i nstructed Mr. Pitler to apply for the needed permits in the Building Division. Mr. Pitler thanked the Bo ard and the Staff. * * * * * The Chairman opened the Public Hearing for Case No. 34-84, and stated that the Board has the power to grant or deny a variance by Part 3, Section 60 of the Englewood Charter. He s tated that he had verification of publishing and posting of th subject property , and asked that the staff identify the request. Mrs. Romans stated that the applicant is requesting a variance to permit a redu c- tion in th required number of off-street parking spaces from 10 spaces t o • I • • • • • -6- in order to convert the existing a partment building at 3390 South Pearl Street to condominiums. This is a var i a nce from the Comprehensive Zoning Ordinance, Section 22 .4 E f, Off-Street Parking of the Condominium Conversion Ordinance, and Section 22.5-5 a (10), Private Off-Street Parking Standards. The Chairman asked that the applicant come forward and be sworn in for testimony. Mr. Tom Townsend, 669 East Tufts Avenue, Englewood, was sworn in. He stated that granting the varianc would do jus tice to all since the number of owner- occupied units will be increased, and there s hould be a n increase in the tax base . Mr. Townse nd said that the situation i s unique because the apartment house is built on a 50 foot lot, with six existing parking spaces . It has opera ted without problem for 32 years with o ne parking space per dwelling unit. The Condominium Conversion Ordinance requires standards for co nversio n which can- not be met with this property because there is no vacant land to acq uire. All other co nditions are met. Granting the variance will not alter the essential character of the area or injure adjacent use because the use is permissible in the area whi ch is zoned R-3. Mr. Seymour asked how many bedrooms the units have. Mr. Townsend said all the units have one bedroom with about 600 square fee t in each unit . Mr. Seymour said that the units could be occupied by two persons who co uld have tw o ca rs. Mr . Townse nd said that that situation can exist now, but there has been only one co uple in the apar tment house in the last five years. The area is in a restri c ted parking area , and there is pa rkin g space available on the street. Mr. Ferguson asked what the unit s would cost . Mr. Townsend said that they would sell for between $39 ,000 and $44,000, depending on what owners would require him to do before they bought a unit. Mr. Hallagin stated a conce rn about the dumpster in the alley. Mr. Ferguson asked if the alley is plowed each yea r. Mr. Townsend said that he did not know if the alley is plowed; most of the property nearby is owned by Mr. Chaput and Swedish Hospital. The alley is paved. Mr. Brown asked if a ny of the adjacent own ers opposed the varian ce . Mr. Townsend said that no one had toJd him of any objections, but he was unable to bring letters of approval because most of the neighbors are renters. There were no furth r questions. There were no further speakers in favor o f, or opposed to, granting the variance. Th Chairman incorporated the Staff Report into the Record and ask d if th staff had any further comments . Mrs. Romans said "no". The Chairman closed the Public Hearing on Case No. 34-84. BOARD MEMBER GAGE MOVED THAT THE APPLICANT BE GRANTED A VARIANCE TO PERMIT A REDUCTION IN THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FROM 10 SPACES TO 6 SPACES IN ORDER TO CONVERT THE EXISTING APARTMENT BUILDING AT 3390 SOUTH PEARL STREET TO CONDOMINIUMS. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22. 4 f f, OFF-STREET PARKING, OF THE CONDOMINIUM CONVERSION ORDINANCE, AND SECTION 22.5-5 a (10), PRIVATE OFF-STREET PARKING STANDARDS . • I • - • • • • -7- Board Member Dawson seconded the motion. Th re was no discussion, and the Board locked in its votes and gave the findings of fa c t as follows : Mr. Seymour voted "yes" because there was no opposition and the units had been oc c upied for 32 years with six parking spaces . Mr. Hallagin voted "yes" because there was a hardship. The building was built before the present parking standards and the Condominium Co nversion Ordinance were passed, and this variance will encour age affordable housing . Mr. Brown voted "yes " because affordable housing will be provided without chan ging the neighb or hood. Mr. Gage voted "yes" because the six condition s were met, and the variance will permit the development of affordable units for young c ouples o r single people. Hrs. Dawson voted "yes" because there was no opposition and there is not room for ex tra parking . Mr. Ferguson voted in favor of g r a nting the variance because the six conditions were met and the conve rsion will n ot change the essential character of the area . Mr. Fish concurred with the other members of the Board . When the votes were displayed , all seven members had voted in favor of the variance. The Chairman ruled that the variance was GRANTED and instructed the applican t to conta c t the Building Department for permits. DIRECTOR 'S CHOICE. Mrs. Romans stated that most of the proposed changes to the Zoning Ordina nc have been made, and the Planning Commission will invite the Board t o a ttend a futur e meeting for any input . BOARD 'S CHOICE. Mr. Ferguson asked how the cases that Hilda's sign was still up. c ases for the January meeting. of the last y ear are progressing, and stated Mrs. Romans promised him a report on the ye a r's Th e meeting adjourned at 8:32 p.m. Shery l Rousse s , Recording Secretary • I • ( • • • • ~I l'\UTES Eng lewood Public Library Advisory Board January 8, 1985 9 Chairman Jerry Valdes called the regular meeting of the Lib r ary Advisory Board to order at 7:35 p.m. PRESENT: ALSO PRESENT: Jerry Valdes, Lois Ster! ing, Uebbie Dix, Bruce Hogue John Peterson , Al Quaintance, Ge rald Samp son, Kay Van Val ken burg, Dorothy \\~i ce I ehan ~!r s. Bruce Hogue Mr . Hank Long, Library Services Administra tor Sharon Winkle, Director of Libraries Donna Gottbe r g , Recording Secretary Roll ca ll was taken an<l a quorum <leclare<l present. Ms. ll'inkle introduced Mr. llank Long, Library Services Ad min ist r ator to the Board. Mr. Long proceeded to give a presentation on e l ectronic a nd magnetic security system s for 1 ibraries, beginning with background as to why suc h a system is needed. He po sed different si tuation s a nd introduced so lutions. After a s hort question and answered period the Board thanked ~Ir . Long for his i nformative presentation. Mr. Valdes gave the Chairman's Report, r egarding the Board duties, which was sent to the City Man ager for review. The City Manager suggested a few minor cla rifica tion s. The changes were mad e and the Board duties list was approved as forwarded to Ci t y Council. This 1 ist wa s approved by Council o n -londa y, Janua r y 7. Mr. \'a ides read a letter from llayor Otis in answer to the Board's invitation to Co un ci l for dinner. Council declined th e dinner invi tat ion s tating first of al l the dates that were s ug gested by the Board were not convenient for Counci l , and seco ndly, Co un cil plans to host sma ll groups, in a dinner atmosphere, of one or t1w Boards throughout the year, where discussions wil I be presented. Mr. Va ldes turned the meeting over to Ms. Sharon ll'inldc for the Director 's Report. She gave an update on the Library Building Program noting that the revised space layout calls for 30,000 sq. feet for the Library facility. This ls a decrease of approximately 6,000 sq. feet. llowcver, some Library space will be s hared with the City flail facility, so there were no maJOr cuts 1n ~ervice ca pacit)·. The Board discussed the expansibility of the L1brary/C 1ty lb!! facility. There was a brief discussion on the tlm line schedule of the project. \t thi s point in time occupancy of the Library/C ity Ila!! facility is late 1986. Ms . hinlde 1.•il! J..eep the Board informed as to new developments in the building project as they become available. Phase I of the Library Building Co n su ltant's con tract is now completed, an<l ~Ir . Smith has been paid to date . conti nued .... • I • • • • - -2 - Ns. Winkle gave an update regarding the Arapahoe Co unt y Con tract with the Denver Public Library (DPL). She distributed a draft copy of a let te r t o the Cou nt y Commissioners from the APAL Directors. She pres ented a co py of a letter from Tom Eggert to Nr. Akroyd s tating negot iations were in pro g res s, and until suc h time when negotiations should break off or a contract is signed , Arapahoe Cou nt y residents may continue to use DPL. Ns. Winkle reported that the Planning Committ ee is developin g a n ew cyc le of plans for current year 1985 and a n ew 5-Ycar Pl a n for 1986 -1990. From this point forward copies of the Planning Com mitt ee ~l inutes wi 11 be distributed to the Board. No committee report s . No unfinished business. Nembers' Choice Al Quaintance s hared s everal newspaper articles o n Librari es. II donated a hand - made wire-work s "spider in a web" to the Children 's Librarian, Ka ren Ke lley. Ms. Wheel ehan noted excellent service on an interlibra r y loan item for he r son. Lois Ster! ing invited all the Board member s to her hom e for drnn r on I ehruary 12 at 6:00 p.m. The regul ar meeting of the BoanJ will tal.. pla e after he d inn er. llOnna Lott ber g hanl..cd the Board on behaJ f of all the ~ .ii f mtml ,l r lovely plan t s a t Ch ri s tmastime. They arc s till being enJn d h• al I e. books come from that ,ire 111 .ins1o,ered they c om e from wi thdr.11o,aJ ind I ihra ry doe s not need, and th mon1 fr lr . l'e erson sugge s ted an o n -goin Ix h table one evening a wee!... The Board Pc erson and Ms. Winkle 41ll mer fo1 t hl .If j nJ Jl.l rorh !111.:r< 1o,,1 no d1 ~u :;1011 on he Stat i s ti ca l Report for I <'(t•mb<'t IJ I. l11n I noted that tllt Annual Repo rt o n th e Stati s ti cs will he ,J\;uJ.1blc Jt h lt•bru:i ry meeting. '.:i-1 MO! I(),\: fhat the Nrnutes from the December 11, l !IS-1 ~ll·ct 1ng he .ipprcncJ as "ritten . iTOii'Cd"by: Al Quarntanc 8 -2 85 3 • Seconded by: (;era 1 J Sampson lotion carried. Mr. \aides called for no mination s for Chairman and \ice-Chairman. ~Is. ll'heelehan asked that the pr sent officers be l..ept for anothe r year. IOT!O.'l: fhat the nominations for Chairman and Vice -C hairman be c lo sed. Moved by : Al Qua rntan cc Seco nded hy: .John Peter so n Motion car ried . MOTION : That the s lat e of officers for Vice-C hairman ), for the ~loved by: John Pet er so n Seconded by Bruce Ho gue (J erry Valdes for Chairman and Lois Ster! ing Board be approved. continu d .... • I • • ( • • • • -.)- Chairman Valdes a nd Vice-Chairman Sterling elected by acc lamation. Meeting adjourned at 9:27 p.m . 1 -11 -85 dg • I • • - • • • • • 9 ,_, BY AUTHORITY ORDINAOCE NO. ~ SERIES OF 198_5 __ _ COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER HIG:lAY AN ORDINAOCE APPROVING SUPPLEMENT NO. 104 TO SOUTHGATE SANITATION DISTRICT'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN THEIR DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District desires to include additional land within their district boundaries; and WHEREAS, annexation o f this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, it is necessary for said District to anend its contracts with the City of Englewood to include this additional land within the District; NCM, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLDKX>D, COLORADO, AS FOLI:mS: Section 1. The City Council of Englewood hereby approves the agreanent entitloo "SUppleTient No. 104 to Connector 's Agreanent" between Southgate Sanitation District and the City of Englewood, a copy of which is attached hereto and incorporated herein by reference. Section 2. The ~yor and ex officio City Clerk-Treasurer are hereby authorized to sign and attest, respectively, the said agreanent for and on behalf of the City Council and the City of Englewood. Introdocoo , read in full, and passed on first reading on the 7th day of January, 1985. Published as a Bill for an Ordinance on the 9th day of January, 1985. Read by title and passed on final reading on the 21st day of January, 1985. • I • • - • • • • • PUbl ished by title as Ordinance No. ___ , Series of 1985, on the 23rd day of January, 1985. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1985. Gary R. Higbee • I • • - • • • - Sll l'P!.F:MEN T NC. 10 '4 TO CONNECTOR'S llGREFMENT Tll IS llGR EEMENT, ma de anc! ent.,red into by and betw<'r,n tl\e CITY OF CNG LLW OO D, dCtlng by a nd through its dul y au th orized May or and Ci ty Clerk, he r e1na:ter referred t o as "Cit y , 11 and SOUTllG ATE SANI TAT'ON DI STRIC T , Arapahoe and Dougl as Counties, Col o rad o , her einafter referred t o as ~Dist r ict,• WITN F.SSETH: WHEREAS, on t he 20th d a y o f June, A.O . 1961, the City entered into a Connector's Mc;reern ent with the DJ.str ict conce rn ing the conn e ction o f the D1s rtct sPwer collection facilities to th~ City 's sewage system, wh ich Connector's Agreement was modified and dmended by agreement dated the 4th day o f April, 1966; and WHEREAS, satd agre .,men t and modi fica tion thereof provided th ~t additional serv ice areas could be ir.cluded within th e l imi ts of the Dtst rict wit h the written consent of the City; NOW, THEREF ORE, in considera tion of the p remis e s a nd o f the mutual cover.a nts of th ~ part ies hereto , i t is ag reed as foll ows: I. The Ctty does he re by consent to the inclusion of t he addlti<'nal area, s1tua !.' in the County o f Ara pahoe, St ate of Colcrado, described as fr •. c ~s. t o wit: Pro r ·r ty into Suuttl«] ner: Greenwood Cen tre , Ltd ., a Colorado L1m1ted Partnership 1873 Sou~h Bel laire Stree t Sult 900 Denve r , CO 80222 A• rror tu ly deecribed in Exhibit A dt ach d hereto and incorpora ted h~re1n by reference . ~an l t'1tlor c _s tr1ct., ard agrees that said add1t.1 ona l •red .Al ~ ::._1 cj "'"'1th the sP w~r fac1l1t1l!!:> of the D1stricl , and th~t t~e Ci t ~ will trrat he sewage discharged into the Clty'a trunk 11n" ftcrr said adclittonal a rea, all in accordanL~ wi h lhe Corr ·.:t o r'. Agreemt!n t dated .June O, 1961, and the mod1ticativn th•1 .. of d ·ll"d th 4th ddy of Apr ll, 19C6, hf'L ween tlte C1 y Jnd r:t~ 01 :..a r1ct . Accordingly, Eeh1bi t A rPferrPd t~ in p ara~r•rh I of the Modif teet1 on to the Connec or's I • • • • • • Agrf!cm~nt t: 1ted t_h~ 4 th d~'':' o t l\[JL 11, 1966, 1s ht!rdlJy am1?nd t::d <~ lllCl UJL Lhl• .1rlrlitlOlldl urCd d~ ~et !Orth herelltdbOV~. 2. F:.lch ..,.nd cVl'I). ,11.hct i.-r ov 1~1 on o f the Modtfir<J tion to L~mu1n un ~n ~nqcd. lN WlTNt ~S WHEPEOf, the p~rt1ez hdve CdUS~d their na1 nes ~n d ~eJls e n Ut! herrunto subscr1b~d and affixed t h is __ day o f 198_ (SEAL) ATTEST: SECHETARY ISE!.L) MAYO!l SlJLTllGATE SANJTATIC'N DJST!lCT ARAPAHOE ANO DCl'GLAS C'OUt.Tl ES, CCLOPAOO ny ~P~!l~E~S~I~D~E~N~T:----------~ -.'- • I . ·.·-- • • • • _____ .... __ . _____ __.. ______ . ------·------·---·· ·- • .. i I' D~l ·i\31T A 'n-c ~st O'"IC -hdl! of tot I , Bl ~k l, ,.a:>f\'1Sl<>'f CE S0.."';10~ U , iQ .!~llP ~ ~ .. um , AA.'Gt '7 ~i:sr . Co.lnty of N•r-toe · Sut.e of CDlor•dc>. dcM:r L.bed •s f oll °'""': Clrt•tenCH'.q •t v-.e 1oo1Clil onc~rler C'Of"'nC r ,. ' ~1 !d Sc-ct lQn 16'; \Nn..."U nof"\.t..;r ly , .llonq t).c ~,:~t l t.."'C of tJ"c n~;tJi..oe:Sl O"'C~tt cr of ~.ud Sr"'"1on 16, • <1l :..~~ ot l 0.00 fC"Ct to t.h! 11 1 t.rr~tH>"l ...,1t.h t.he n::H'l.11 r1q:"\v-o!-.y lu~ of De r ry "'""c:n ...c CAtcnded ; t.)'lcr~ on .rl .anq \e lO tk CJ q"'\t of 119• 4 2' 00•, •\trq wad n9h t -of-...,.y lu--: Vttc1d!d, • d ~sy.-..;...: ot )0 .00 (eel t.0 a 5=0uit 01 uw-u•t nc;tit-Of-'•Y lute of S...:.Uth ~ Suc-et, 1i • .ud polnt ta: i.nq t.he 1'0-lt.~~t 1.."X>rncr of ! .•• ud Lo t I a.nd t.he t.CUC p:a.nt o f b·11N'l\.llq ; ~ on 41\ ..:,-;h: to t.,,"'lt ich. o! 1 9• 42' oo• A....l o lo."'111 w 1C ~ :i.~ ... c,"'lt-<l {-•) 4 ,",! c! : .. ~ .. ·J .. • .. ·'.··.; ~UIL"el • c.Hi>t..A.-....:. o t l2 l.i2 11..,,:o l w t..'"le rv~~"t C"'1 :-ncr c t 1o.ud l.Dt. I ; t he......::e on a.n ._,1\e to the n<;9'l t o : n• 42 ' Cl1"', •l~ lhe ro.rt.h 11..r~: o( ~ ... _11 d tot I , • d 1s--.£.--c. ot ll) '' feet to U-nc.cV•• .. nt rornc.r o f th .. • w.:st Q"'ll '-f'.tl! cf s-i 16 .. o· 6 , tJ~ O"\ a.n a.."Y:ll e to v.e nc;trt. o: go • 20' ~t ·, .ic:n; u-ir e...nt llna of 1o41d \.Clot. aL-~t, • di rt.Aloe of ))l .12 f<"lrt la • p:u.nt on t.he r...il'tii n'l'l-o!~y 11.fllr o t ~~ -"~.....e &rd tJ'w KJUlh 1 Lne of :.a.ad Lot r . t.i'c-.:. on &.fl -....,.1e: tD U'C ri~t. •1~ w.1d .... ~t.h h.nt ot ..,id lot I a....:S tJ ~ ro:-t.h r1q°"t.-C.!~ U.r• of &u"ry 1'w.nue , • d..1.-.u.r.cr of lll ,. f H l tn V-.: poU\t ot b."iV.tWWI · • ") ,. ·i .! : I .. .: ·-1 : l \, :1 ....: 4 ' :\ l ,_ , .. I • • • ORDINANCE NO._d___ SERIFS OF 1985 • • • BY AUTHORITY COUOCIL BILL NO. 4 INTRODUCED BY COUOCIL MEMBER VOBEJDA AN ORDINANCE APPROVING SUPPLEMENT NO. 9 TO CITY OF ENGLEWOOD CONNECTORS AGREEMENT, SEWER CONTRACT NO. 12, GREENWOOD VILLAGE SEWER GENERAL IMPROVF.MENT DISTRICT NO. 1. WHEREAS, Greenwood Vi llage Sewer General Improvenent District No. 1 desires to include additional l a nd within their district boundaries; and WHEREAS, it is necessary for said District to am end its contracts with the City of Englewood to include this additional land within the Di strict ; NGJ, THEREFOR E, BE IT ORDAI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOL[.,(),VS: Sect ion 1. The City Council of Englewood hereby approves the ~nt entitled "Greenwood Village Sewer Gener al Improvenent District No. 1, SUpplenent No. 9 to City of Englewood Connectors Agreement, Sewer Con tract No. 12 ," a copy of which is attached hereto and incorporated herein by reference . Section 2. The Mayor and e x officio City Clerk-Treasurer are hereby authorized to sign and attest , respectively , the said agreement for and on behalf of the City Co uncil a nd the City of Eng l e wood. IntrodL1Ced , read in full , and passed on first reading on the 7th day of January , 1985 . Publ i5hed as a Bill for an Ordinance on the 9th day of January , 1985 . Read by title and passed on final reading on the 21st day of January , 1985. Published by title as Ordinance No·~---' Series of 1985, on the 23rd day of January , 1985 . Attest: Eugene L. Otis, Mayor 9 1 <i I • - • • • • • I, Gary R. Hig bee , ex off icio City Clerk-Treasurer of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true, accurate and ccmplete copy of the Ordinance passed on final reading and published by title as Ordinance No . , Series of 1985. Gary R. Higbee I • • Jn , • • • .. - GREEN W00D VILLAGE SEWE!< GE NICRA L I MPhOVEMENT DIST RICT NO. 1 SUPPLEMCNT NO . 9 TO CI TY OF ENGLE WOOD CON l\LCTO RS AGREE MEN1' SEWLI < CO !'.'fl(ACT NU . 1 i THI S AGREEMl.NT made and en l <:re d into by and between the CI TY OF EN GLEl'IOOD , acting b y and thro ugh its duly autho r ized May0r .rnd Ci ty Clerk, hereinafter r1... fcrrt::d to as "C1 ty .. , and G REE~ VJOOD VI L LAGE Sl::WCR GE NERAL IMPkOVEMEN T DIST RICT NO . 1, Ar apaht.e Coun ty, Co l o rado, hertllntlf t e r r efer r ~~ t o d S "D1str1ct ", WI T NE SSETll TH AT: WH EREAS, on the first. day o f May 1969, th" City ent.erc.d Hoto a Co nnecto r s Agreement with the District concern1n9 the c0nnr ~c - t1on of the Distric t's 5 r•wcr collection faciliti es t o t he C1ty 1 s sewage s y stem; and WH EREAS , said Agrecn1.,n t provided th at additional service areas could be include d w1th1n the 11m1ts of tile D1~tr1~t \1 1t.h the written consen t of tho Cit}'i and WH EREAS, said Dist.ri c ha & incl u ded by sta t uto r y procedure the f ol low 1ng descr1bc<l l..inds w1th1n its b ounJclt.H•s; NO W, THERE FORE , in cons 1 u~ra tion of th e premise s and the mutual covenan ts of the pa rt1 u~ h~reto, 1t is ogreed d& t u l lo~s: 1. That th e Cit 1 doeb h~t~by consrnt to Lhe in clu~1 o n of the followin g d zcribcd duu1t i on<1l lands w1 thin t.he boundufl•' o f s~1d 01str1ct, all s1tu~tc w1th111 the Count)' of Arapah0e, State of Co lorado, to wit: Pet1t1on<"rs or O\.Jn< rs: Eulalia Re agan Ccrvi, Mary Cla r e Symons and Cla r u Rorl r1 q ue z, c/o Leonard M. Campb<:ll, 1 401 17th St r eet, Sui t e 1 1C 0, Denver , Colorado HO~O~ Lega l DP ~c11pt1on PARCEL A : Tha t p rt of th .. Nl 1, o l section 14 , 1'o wn ship 5 Sou h, n n~" 68 W "~l uf the blh 1'.M., tormt:tly kno wn as Tra c t s ~0 , n, 22 , 27 , ~8 and 29, HO:il\MU• D P Al{I( (now vacat.cd}, lXCLPT th W bl ~~ t~·~L <11 L ul<l T ra ct~ :o ~nd 9, • I • • -• • • PA!<Cto:L D: TOGETHER WITH the s i, o f va c<.1t"d Wilamette Avenue adJ~cent LO Tracts 2 0, ~l and 22, ROShM OND PAkK (now vacated), EXC EPT th~ w~~t LS fe~t th e r..,of and th~ NI, of va c ated Gard~n Avenuti ad jace nt t o 1'r.lc ts 27 , 28 and 29 , ROS AM OND PAl<K t r.ow vacated) , EXCE~T th~ Wes t 2~ f ·et th,·r ~u t, in the County o f Araµdh Oc , ~talc o f Co l or<.1do. <. That the City h e rc lly uq1~es tha t said addit i ona l area ma y be served w1tl1 thu ~x1 s t1n q ~c w •r fdc1l 1t1 es o f s~td Di s trict, and that th ~ Cit ~· wil l treat the sewa ge dinchdrged int0 the D1strict 1 s sani~dry se w a~~ system ~n d int o tl1t C1ty 1 u trunk line from sa1d a<ld1t.1onal Jrt.:a , a ll in acco rdan ce wi th the Connectors Agreement bet we~n thr Ci ty and the D1str1 c t ~11d the rules and r eq ulat1ons governing such matte r s promulgated by tic City . 3. That each and cv~ry oth~r provision of Sdld Conn~c ors Agreeml.!nt. shall r c n1a.i.ned unchilng ~d. IN WITNESS WllER LOF , ht pdrt1cs hdV " set Ll,.,ir hands and seal s th1s ~~-day o f 198 4. hTTCST: City Clerk (SEAL) ATTEST: . !.~ Seer tn (!;LAI I CITY OF CNGLE WOOD GIU.1:.NWOOD VILLAGE SEwEH Gl::N~IV\L I MPROVEMEN T UlSTl<l T NO. oy ~~-~ chd1rman o! the Bu~rd I • • , • ORDINAOCE 00. -....-.f"' SERIES OF 1985 . . • • • BY A!JI'HORITY COUNCIL BILL 00. 7 INTRODUCED BY COUOCIL MEMBER BILO AN ORDINAN:E APPROVING THE DISSOL!JI'ION OF THE TRI-CITY TRUST ORIGINALLY CREATED BY DENVER, ENGLEl'lOOD AND LITTLETON FOR PURCHASE OF SENIOR WATER RIGHTS 00 SOUTH PLATTE RIVER. WHEREAS, the Tri-City Trust was originally created by Denver, Englewood and Littleton for the purchase of senior water rights on the south Platte River between AlCITleda Avenue and the entrance to waterton canyon in the 1950's; and WHEREAS, ~en Denver took over Littleton's water syst an, Littleton's share went to the Denver water Board; and WHEREAS, Denver and Englewood now agree that it would be mutually advantageous to dissolve the Trust so that each can proceed to use their respective water rights as they see fit; and, WHEREAS, the Englewood water and Sewer Board recannended at their December 11, 1984 meeting that council approve the Tri-City Trust Dissolution as presented in the attached report Sll11llary; NCM, THEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGLEJ«JOD, COLORADO, AS FOLLCMS: Section 1. City Council hereby approves the basis of dissolution presented in the report entitled "Tri-City Trust Dissolution Denver water Department and City of Englewood." Section 2. Ci ty Counc i l authorizes the Mayor to vote for the dissolution of the Tri-Ci ty Trust on the basis presented in the above ment i oned report at the nex t meet i ng of the Tr i -City Trust . Introduced , read in full , and passed on first reading on the 7th day of January, 1985. Published as a Bill for an Ordinance on the 9th day of January , 1985. I ._, I • • - I • • • • Read by title and passed on final reading on the 21st day of January, 1985. Published by title as Ordinance No-~~~-' Series of 1985, on the 23rd day of January, 1985. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and p.lblished by title as Ordinance No. , Series of 1985. Gary R. Higbee • I • • ( • • • • TRI-CITY TRUST DISSOLUTION DENVER WATER DEPARTMENT AND CITY OF ENGLEWOOD by J . Patrick Quinlan Edwin D . James DENVER WATER DEPARTMENT Ronald K. Blatchley BLATCHLEY ASSOCIATES, INC . November 1984 I . - ( • • • • - TABLE OF CONTENTS Section No. I. II. 111. IV. Figures Tables INTRODUCTION RIGHTS ... DITCH CONSUMPTIVE USE A. Brown Ditch •........ B. Epperson Ditch ...... . C. Nevada Ditch ....... . D. Last Chance Ditch Co. No. 2. E. City Ditch DIVISION OF RIGHTS ..... Figure 1. Historic Straight Line Diagram. Table 1. Average Potential Consumptive Use Requirement For Six Crops 1911 -1950 Brown Ditch ...• Appendixes Appendix A -Brown Study . . . Appendix B -Epperson Study .. Appendix C -Nevada Study ... Appendix D -Last Chance Study Appendix E -City Study ..•. Page 1 3 4 7 10 12 17 19 22 23 Beige Orange Yellow Blue Red I ,I I . • • • TRI-CITY TRUST DISSOLUTIO N I. INTRODUCTION The Tri-City Trust was created on June 3, 1956 by Denver, Englewood, and Littleton for the purchase of senior water rights on the South Platte River betwe en Al ameda .Avenue and the entrance to Waterton Canyon. Water rights were purchased by each city and delivered to the Trust, which held title to the rights. As the rights were delivered an account was established for each city for value received, and credit was given as a percentage of total assets . Addit i onally , a ca s h account was establ i shed ~ as a purchasing fund. Cities received credit for cash deposited with the fund. No water has been purchased since August of 1962. ( • I n 1963 an audit, done by Mc Mahon, Maddo x and Rodriquez, was made of the assets and t he percentage of owner ship of ea ch city was esta blished a s follows. City Littleton Denver Englewood Percentage of Ownership of Trust's Assets 42.1624 37.1180 20. 7196 100.0000 • I • ( ( • • • • In 1970 Denver acquired all water rights of the city of Littleton, i nc luding its interest in the Tri-City Trust, when a total service contract was executed. Since 1963, several meetings have been held to discuss the dissolution of the Trust and to distribute the assets. A method of distributing the as se t s has been difficult to identify because of the complexity of evaluating the water rights for future use. Neither Englewood nor Denver was anxious to acquire a right that was of quest i onable or uncertain usefulness. Another factor complicating the di stribution was the aw kwardness of Denver and Englewood potent i al l y acquiring approximate l y 79' and 2ll, respectively, of each right owned by the Trust. Operationall y, each city would much rather work wi t h one or tw o di tches t han wit h f i ve di tches which would actually entail the use of proporti onate s hares of ten di fferent water rights. On December 15, 1983 the Trustees di rec ted t he engi neers of De nve r and Engl ewood t o detenni ne the best method of transfer or the water right s of the Trust. The eng i nee r s agreed that the most e xpeditious and fai r method available would be to qu antify the historical cons~tive use of irrigation water of the rights. Then distribution would proceed based on a 79/21 split according to consumptive use of irrigation water, with the intention that the rights themselves would remain as whole as possible. The one exception would be if it we re necessary to divide one of the rights in order to make the entire distribution equal to an overall 79/21 split. -2- • I • • • • .1.1. RI GHTS ( ( • The Tri-Ci ty Trust, in its short life, purchased rights in five different ditches, totaling 24.653 cubic feet per second (cfs). (See Figure 1 for a brief familiarization of the ditch locations.) As of February 1984, the Trust has title to the following rights: Trust Ownership Shares or Inches Diversion Rate Last Chance Ditch No. 2 9. 712 shares 1.265 cfs Nevada 29 .33 shares 7.038 cfs Brown 518.10 inches 13 .438 cfs Epperson 86.40 inches 2.25 cfs City 25 .43 inc hes 0.662 cfs 24.653 cf s Each of t he se r i ghts has been used histor ically f or irrigati on, dome stic and municipal use, or a ll three . However , s ome of the record kee ping ha s been poor or nonexistent, and in the ca se of the ditch CQIT\'.l anies, it has been difficult, if not impossible, to connect actual shares or inches to a parcel of land, crops and a historic consumptive use number. Each ditch has its own unique history and analytical problems. Hence, each ditch was examined individually and analyzed according to the most practical and acceptable method. Each ditch is discussed in the following section. -3- • I • • ( • • • I t is reco111T1ended that 42.6 /JF of historic consunptive use of i rrigation water for the City Ditch be used for dissolution of the Tri-City Trust. I V. DIV I SION OF RIGHTS Th e c ons~tive use of irrigati on water attributed to the Tr i -Ci ty Tru s t r i ght s has been evaluated, and the following estimates of historic cons~tive use or irrigation water should be used for division or the water rights presently owned by the Tri-City Trust. Ditch Cons!!!Eti ve Use in Acre-Feet Per Year Epperson Ditch 284.2 Brown Ditch 207 .4 Nevada Ditch 507 .2 last Chance Ditch 157 .5 City Ditch ~ To tal 11 98.9 The Brown Ditch should not be divided at this time. The productivity of the Brown Ditch depends on reviewing the municipal and irrigation uses or the ditch or transferring the historic consumptive use to Denver and Englewood intake structures. Neither proposition could be acconplished within the time frame desired for dissolut ion of the Trust. For this reason, the Trust Should be dissolved by placing the Bro wn Ditch in a 79 /21 joint ownership by Englewood and Denver and dividing the last Chance, ~ Nevada, City and Epperson Ditch rights as follows: -19- • • I • • ( • • • Pro~osed Ownershi~ Historic Pa rtici~ant Structure CU in PF !'t_r Shares/Inches ~ Remarks Denver Epperson Ditch 284.2 86.40 inches 2.25 entire ownership Last Chance Ditch 157.5 9.712 shares 1.265 entire ownership Nevada Ditch 344.4 19.92 shares ~ Subtotal 786.l 8.255 Englewood City Ditch 42.6 25.43 inches D.662 entire ownership Nevada Ditch ~ 9.41 shares ~ Subtotal ~ ~ Total 991.5 11. 215 This division would be consistent with the 79/21 split, and it would also have the advantage of leaving the Epperson Ditch intact. Englewood owns the City Ditch headgate and ditch down to Harvard Gulch and is desirous of obtaining additional contract wate1 . (It should be noted that when the structure was deeded over to Englewood in the contract dated February 6, 1970, Englewood was limited to obtaining a 11\Clximun of 2.25 cfs or contract water. The acquisition or the Tri-City Trust inches will bring their holdings to 2.6522 cfs, requiring a modification of the original agreement between Englewood and Denver.) This study has quantified the historic cons~tive use of irrigation water which in our combined opinions would be transferable in water court ~ proc Pedings. Many ass~tions were made and generalizations utilized to -20- • • I • • - • • • • arrive at these nLfllbers, but there is a dearth of data in this area ano what was available was used. It is unlikely that material differences would be found with more research. It is reasonable t o expect that signif !cant funds would be required for trar 1s fer or change i n use, which fr, our opinion would have the same end result as to allowable future consl.l'lPtive use. It is our combined reconmendation that these nLfllbers be utilized for dissolution of.the Trust. -21- I • • • • I N N I • • • ----- FIGURE 1 HISTORIC STRAIGHT LINE DIAGRAM • 0 - • ' I • • • • • Table I Average Potential Consumptive Use Requirement For Six Crops 1911 -1950 Brown Ditch Average Number of Potential c.u. C[OIJ A''~ig; vuu gf ~ilU Ai;;t;-F;;~/A!;i;~ Pasture Grass 20 3 Alfalfa 70 39 Orchard 8 4 Sugar Beets 20 11 Garden (Small Vegetables) 64 28 Cereals 61 31 Average unit c~nsumptive use of irrigation water = 1.46 acre-feet/Acre 1. 73 1. 95 1. 66 l.61 .97 1. 24 • The average unit consumptive use requirement for all the crop s for the Brown Ditch analysis was calculated by adding the entire consumptive use for all crops for the 40-year study period and dividing it by the total amount of acres irrigated in those 40 years. -23- • j ). I . • BY AUTHORITY ORDINAOCE NO. {p SERIES OF 198_5 __ • • - COUNCIL BILL NO. 6 INTRODOCED BY COUOCIL MEMBER BILO 9 AN ORDINAOCE APPROVING LICENSE AGREEMENT BE'IWEEN LESLIE N. JOHNSON AND THE CITY OF ENGLEWOOD TO INSTALL A WATER PIPE ACROSS THE CITY'S RIGHT-OF-WAY NEAR WINDERMERE AND BELLEVIEW. WHEREAS, landowner Leslie N. Johnson desfres to install an 8" ductile iron water pipe across the City of Englewood right-of-way at approximately Windermere and Belleview; and WHEREAS, landowner must receive a license fran the City of Englewood specifying the terms a nd conditions for installation and maintenance of the water pipe; Naol, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWOOD, COLORl\00, AS FOL~S: Section 1. 'Itle City Council of Englewood hereby approves the license agreenent between Leslie N. Johnson and the City of Englewood for licensee 's construction and installation of an 8" ductile iron water pipe across the City's right-of-way at or near S. Wind ermere and W. Belleview, a copy of which agreenent is attached hereto a nd incorporated herein by reference. Section 2. 'Itle Mayor and ex officio City Clerk-Treasurer are hereby"""iuthorized to sign and attest, respectively, the said License J\greenent for and on behalf of the City Council and the City of Englewood. Introduced, read in full , and passed on first reading on the 7th day of January , 1985 . Pub lished as a Bill for an Ordinance on the 9th day of January, 1985. Read by title and passed on final reading on the 21st day of January , 1985 . Published by title as Ordinance No. 6 the 23rd day of January, 1985. Attest: ex officio City Clerk-Treasurer • , Series of 1985, on Eugene L. Otis , Mayor I • • • • • .. • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No.~, Series of 1985. Gary R. Higbee • I • • ,, I • • • • LICENSE AGREEMENT THIS AGREEMENT, made a nd e ntered into as of the ___i___day of I .,_ 19___lL__ by and between the CITY OF ENG LEWOOD, a municipal corporation of t he State of Colo rado, hereinafter rtferred to as the "City", and LESLIE N. JOHNSON, an individual, hereinafter referred to as "LICENSEE." WITNESSETH : The City without a ny warranty of its title or in te rest whatsoever, hereby authorizes Licensee , its successor and assigns, to construct, utilize, maintain, r epai r and replace one (1) 8" DUCTILE I RON WATER PIPE within and across the City's rights-of-way for the CITY DITCH, situated in the SE 1/4, SW 1/4 of SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST of the 6th PRINCIPAL '1ERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, along the follow ing described centerline: Beginni ng at the S 1/4 corner of Section 9 , Township 5 South, Ra nge 68 West of the 6th Pr incipal Mer i d ian; thence N 02° 52 ' 34 " W a distance of 605. 84 feet, more or 1 ess, t o the TRUE POINT OF BEG INN I NG; thence S 89 ° 52' 53" Ea distance of 25.96 feet, mo re or less, to the point of te rminus. I. Any construct ion contemplated or performed under th is 1 i cense sha 11 comply wi th and c onform to standards formulated by the Direc tor o f Utilities of the City and s uch construction sha 11 be performed and com p 1 eted a ccording to the plan and within the t olerances given on the Ci ty 's drawing s, copies of which are attached hereto and llldde a part hereof . 2. The Li c ensee shall notify the City 's Director of Utilities, at least three (3) days prior to the t ime of co111nencement of the construction of, or any repairs made to, Licensee's one (1) 8" DUCTILE IRON WATER PIPE thereo f so, that the City may in its discretion inspect such operations . 3. Within fifteen (15) days from date of the co11111enc ement of construction of sai d one (I) 8" DUCTILE !ORN WATER PIPE the Licensee shall complete such construction, and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be re storable. In the event the clearing and restoration of the crossing area is not complete within the time specified, the City may complete the work at the sole expense of the Licensee . 4 . The City shall h•ve the right to maintain, install, repair, remove or relocate the City Ditch or any other of its hcilities or installations with in the City's right-of-way, at any time and in such manner as the City deems necessary or convenf ent. 1 he C Hy reserves the exc 1 us i ve right to control all easements and installations . ln the event the one (1) 8" DUCTILE IRON WATER PIPE should interfere with ony future use of the City's right-of-way by the City, the Licensee ;ha l I, up on request and at its sole expense, relocat~. rearr.nge, or re move its installot1ons so as not to interfere wnh any such use. • I • • ' I • • • - 5 . Any repair or re placement of any City installation made nece s sa ry, in the opinion of the City 's Director of Utilities, because of the construction, utilizat1on, repair, replacement or maintenance of the one (1) 6" DUCTILE IRON WATER PIPE or other a1 purtenant installations thereof, shall be made at the sole expense of the Licensee . 6. The stipulations and conditions of this License shall be incorporated into contract s pecif1cat i ons if the construction herein authorized is to be done on a contract basis. 7. The r i ghts and privilege s granted in this License sha 11 be subject to prior Agreements, Li censes and /or grants, recorded or unrecorded, and it sha 11 be the Licensee's so 1 e res pons i bi 1 ity to determine the existence of said documents or conflicting uses or installations. 6 . The Li censee s hall contact and fully c ooperate with th e Ci ty's ditch foreman and the crossing shall be made without i nterference with any lawful, usual or ordinary flow of water through the City Ditch . Licens ee shall assume all risks incident to the possible presence of such water, or of storm waters, or of surface waters in the City Ditch. g_ The Licensee will not place, nor allow to be placed, any manholes, meters or s im ilar appurtenances with i n the City's rights-of-way for the City Ditch. 10. All trenches within the Ci ty 's rights -of-way shall be backfilled and tamped to the original ground l i ne i n layers not to exceed six (6 ) i nches loose measure to a compact i on of ni nety pe r cent (9D i ) Standard Proctor Maximum Density. 11. Li cen s ee, by a cce pta nce of th1 s 11cense, expressly assumes full and strict 1 iabil i ty for a ny a nd a ll da mag es of every nature to persons or property cause d by wate r from the d 1 tch 1eak 1 ng through, or break i ng through, the ditch bank or ba nks a t t he po1n t or po1 nts where the Licensee performs any work i n con ne c t ion wi t h t he cross1ng prov i ded by th i s Li c e ns ee. 12 . Ll censee sh a ll 1ndemn1fy a nd sa ve ha rml ess the Ci ty, i ts off ic ers a nd employees , against a ny and all cla1ms , damages , ac t 1ons or cau s e s of ac t i on and e.pe nses t o which it or they may be subJected by reas on of s a i d one ( 1) 6' DUCT I LE IRO N WA TER PI Pf being wnh in a no ac r oss t he pr emis e s of t he City or by r eason of a ny wo r k done or om1s s1 on made by Licensee, I ts a gen t s o r em ployees , i n connec t ion wi th the construction , replacement , ma in t en a nc e or repa i r of s a i d ins ta lla t i on . 13 . It is exp r essly agreed tha t in cas e of Llcensee's breac h of any of the withi n promises , t he City may, a t its opt10n , ha ve specific pe r form an c e thereof, or sue for da ma ges resulting from such breac h. 14 . Upon abandonmen t of a ny right or privilege herein gran t ed, th e ri gh t of licensee t o that e xtent shall terminate , bu t ns obl i ga t ion t o indemni fy an d sa ve harmless t he City, 1u ofl•lers •nd empln1ees , shall no t t ermin ate in any event , for acts of Licensee octu rr11 19 prior t u termination of t h1s license. • I • • ' I • • • • In grant in~ the above author ization, thr· City reserves the nyt.t tu 11101.c full use of the properly involved as may be nece"•ry or convenie11t in the opct'atlon of the water worl.s pl ant and system u"der the control of the Cll1. !N WITNES S WH[RlUF, this instrun•·!rll has bce11 executed as of tlit day arid y ear first above writ terr . APPROVED . CllY OF lNGLEWOOO ac l i 119 through and by its Wat er Advisory Board Director of Util ilies L[SLJE N. JOHNSON ATTEST : • I • • ~ I • • • - :;:;;; OF T HE S E 1/4, SWl/4, Of SEC.9, T.5S.,R.68W ,OF T HE 6 thP CITY OF LITTL ETON , COUN T Y~ ARAPAHOE, j N STATE Of COLORADO 10 ' S 89 5 2 ' E ----15 ' PLAN SCALE t" • ~· •I 'I I I I I I I I I 50' 30 ' DETAIL SCALE : 1•: 201 THE CITY OF E NGLE WOOD UTILITIES DE PARTM ENT TO EOUlfY CONCEPTS FOR WATER MAIN CROSSING OF CITY DITCH AT SOUTH WINDERMERE STREET BELLEVIEW 8 WINDERMERE SUBDIVISION O~ TE DEC I , 1984 ORN . S.J W SHEET I OF I -----cR lNo -- • I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Janua ry 16 , 1985 AGENDA ITEM SUBJECT SIX-QUARTER BUDGET CL J AN ., 1985 THROUGH JUNE , 1986 INITIATED BY ACTION PROPOSED Con siderati on of adouung a rcs0 Jyt1qn for the SJ.x-ciuarte1 Bqdg et - ~aoyary . 1 985 throygh J yne . BACKGROUND The Pu lie Improvement Fund (PH') SJ.x-Q arter Budget process wa s adopted in the sununer of 1973. The essence o the SJ.x-Quar er Budge is that the City has a con- tinuing budget which extends one-and-one-hdlf years into the future. Every quarter , the Ci ty Co uncil reviews and analyzes this budget , and if projects are delayed uu t o unavoidable circumsta nces , th y are dropped bdck in this budget , while projects ready to go are moved forward. The most c urrent revenue forecasts are used , and if addi- tional funds become avail ble, specific proJects could be moved forward and com1·leted ahead of schedule or a new or em rgcmo:y proJecl could be added . 1985 CHANGES Ro_<1.<;l__a~id e poject is the 1st quarter, we dded $18 ,34 . pay he City based on th u de mate of .177 ,000 in he 1Y85 b annu 1 l d:>f . .11 • over lay and chip sedl effort. In the Tlw ar<! th, .i tdi tional funds Arapaho Coun ty will ual 1..alcul tlc>11s of .,.1'.l5 , 3 o versus our earlJ.er es t.i-n•; t revenues Golf Course ps is a new proJec pumps o main a.in the levels of Englewood Municipal ;01 '-CU! e. red from th Golf Course Furci, Refund,and $8Y ,370 from transfer- I r do Water Conservation Grant "1°°1 ~ '6 pl (- New City llall/Library is d new P«.lJe..:t to , '-'<.ll 1 .. i.c"'ign of the new City Hall/Li rary fa cility in the Down 0-.·11 Redc•vc lopmen Fro cl. v::>lo , 00 J is shown in the ls qu.uter for design fe s. These fun s <>le l 111g tt n.;tc:rreu tr m the Special Construction Fund. B llev1ew/M1ller l a1J... Improvements i 11 111 w )HO)ect bud·Je ud a S l .!,648 in the l sl quartet for l n,lscap1n 1 at Hell v1c.w I ir1< d irrl•J.:l 011 improvem nt<> t Denny Miller t'ield. 1he<>e f rnds are ava1lat-le t m 1 "1 Lo t ry u11d transfer . • I • • c • • • • -2- 1 986 CHANGES Sidewalk Repairs is a project to pay for the City's share of c onc r ete that has deteriorated , and $50 ,000 i s budgeted in the 2nd quarter i n accordance with the 1985 five -year plan. Paving District ~31 is the second year in t.he ten-year program to bring the streets in Englewood up to min imum standards. $400 ,000 is budgeted in the 2nd quarter to pay the City 's share of the costs , which is consistent with the 1985 five-year plan . P IF BALANCE FOR THIS SIX-QUARTER BUDGET: As of December 31, 198.J Less Golf Course Pum1s New PIF balance RECOMMENDATION $280 ,000 89 ,371 $1 ':10 ,629 The resolution wh1ch adjusts the Public Improvement Fu nd as described above is attached for your cons1de1at.ion. GD/lo h. SUGGESTED ACTION: • I • - • • • RESOLUTION NO. s§.- SERIES OF 1985 • • • A RESOLUTION AMEND ING THE PUBLIC IMPROVEMENT FUND . WHEREAS, the Ci ty Council of the City of Englewood, Colorado , desires to make certain ch a nges with i n the Public Improvement Fund; NOW, THEREFORE, BE I T RESOLVED, by the City Council of the City of Englewood, Colorado , as follows: Section 1 . The following estimated reve nues and appropriations of fu nd s are hereby made in th e P ublic I mprovement Fund: Source of Funds: Special Constru ct ion Fund Tr an sfer PIF Fund Balanc e Golf Course Fund Tr a nsf e r Gran t -St a t e of Co l or ad o Lottery Fund Transfer Arapahoe County Road & Br i dge Fund Total App licatio n of Funds: Road & Bridge Golf Course Pumps New C i ty Ha l l /L i br ary Bellev i ew /Miller P ark Improveme nts Total $ 518,0 0 0 89,37 0 10 ,000 25 ,6 3 0 162 ,648 18 ,3 46 $ 82 3 ,994 ========== $ 18,3 46 125,000 518 ,000 162 ,648 $ 82 3 ,994 ========== Sect i on 2 . The Ci y Manager and Direc or o f Fin a nc e a re here by a uthorized to ma k e the above ch~nges increa s i ng th e 198 5 Pub li c Improveme n t b udget of the City of Englewood . ADOPTED AND APPR OVED this day of -----------t 1 985 • Euge n e L . Otis , Mayo r • I • • - • ' c • • • • -2- ATTEST: ex officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true , accurate a nd complete copy of Resolution No. , Series of 1985. Gary R . Higbee • I • • ( DI. 1 r 11 rit a1naq"' f'..ener-a l , .. [tt-ler,rvcr,.,..lr: 1H I• Ora naqP & Tr ttic 1•1 rovf"aen .. s .. ~ """'nff h .. ll'l\prVJtnts-Sr di..J.y 1.:; t-J j rry Ct"'*-'k F.ngrq. •d Clw1 l!ridg,. P:n,.1 Ofo\'1-lopaa(•nt Phase II ve-r l.,_v.,. lo~,..,,. Ph.t.s .. J l t ~ .... :tlk Pei ir • ts rry Pond e~ "lt ley P.uio'ir1q 1 ' •l 84 Hou•e vtnq f'f'>lram r \wrt Y F'd adf' J 1':\Jf<A A.1m1n. But1q~r 'B tidmpdf"n/San f Land'."leapin9 28 Pav1nq Dutrict •)0 q~ J""eia! Pro1f"•-t-E:n91nPf"r ?~ Fa ill ty t•pro vf"1r1en1 s AO H lt y Sty-P-k.L1b ,CH Bldq 90 Tratfu• E'nqrq Al'1P • Gt.Jl f Couref" PwDpe N v Ctty Hall Library fV llf>Vltrw/Hl ller Pk Impr lttv1nq 01atrict •11 EST PROJ ~ 41c;,ooo 6, 300,000 180,000 115, 000 1,016,000 1no, ooo '21, '\00 3,i..00 , .~4 h, 0 )10,0(.1 H'M,"1~0 h0,00() 111, 99 100,000 4QO, ono 20, 000 100,000 40,000 25,000 125 ,000 518,000 162,6 4 8 400,000 • • - SI X QUAR TER BUDGET January 1985 -June 1986 APPRO P .T .O. EXP BAL ~ 4 1 4. 4 21 407 . 889 1,607,t~43 1 ,377 ,901 14),0f 0 135,nno 796, I 5 <1 (.~4. '4 )~~. ,.j'> 1, 1 O ,QAf 111,500 1 .ooo 13 ,000 100,vOO 4,675, 00 , • 01) 11~,000 3,094,4 7n l, 400 1 ,R4 5 ,fd4 JI0,000 104, 7'>0 ,000 111,89Q 100,noo 35. 000 16, 525 0 40,000 0 0 0 0 0 20, 677 111, 380 793,4 57 '95. 445 167, 3A6 1,097, 3SJ "4, 21A 11,0 (l 1 00 .000 4,':t1 4,2 7q 1no 86,b75 2, R9 4, 410 2,q10 I, 779,927 228,231 14 J, 87 34 . 026 111,899 0 0 16, 525 0 4 0,000 0 0 0 0 0 PROJ 1ST BAL CTR ~~ 6, 532 230 ,042 122 ,323 21,620 2 , 691 58. 191 28. 464 3,633 27. 262 1q, 996 2,000 0 60, 721 59, 700 28,325 200,000 47 0 65,6A7 81, 769 {JA,9171 25. 974 0 100,000 35,000 0 0 0 0 0 0 0 0 0 510,921 0 0 18, 346 0 0 0 0 0 100 ,000 0 0 0 0 0 0 0 0 0 0 0 38 ,480 0 0 24, 769 125,000 518,000 162 ,6 4 8 0 ------------------------------------------ s21.&02.on s16 .093, 750S1 4,8 41,679 s1,252 ,01 1s1 ,490, 164 -··-······· --········ -········ ----...... --·-···- • 2NO CTR ~ 0 510,920 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 400,000 0 0 0 0 0 0 0 0 $ 910,920 3RO QTR ~ 0 0 0 0 0 285,000 0 0 so,noo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n5.ooo 0 4TH CTR ~ TOTAL A P PRO ~ lST CTR ~ 0 0 $ 0 0 1,021 ,841 4 50,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100,000 0 0 0 0 0 0 0 0 0 303. 34 6 0 0 50,000 0 0 100,000 0 0 0 0 0 0 0 0 0 0 0 400,000 38 , 480 100,000 0 24 . 769 125 ,000 5 18 ,000 162 ,6 4 8 0 S 100,000 $2,A44,084 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $450, 000 2ND QTR ~ 0 0 0 0 0 0 0 0 50,000 0 0 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 00,000 $ 4 50 ,000 C 0 U N C I L DATE J anua ry 2 1, 1 985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM /lb SUBJECT Easements for South Platte River Rec hannel izat1on Project INITIATED BY Cit Mana er ACT I ON PROP OSED Pa ssag e of ordinance providing Colorado Wa ter Conservation Board with a temporary easement , permanent easemen s , and a c onveyance of City-owned pro- ert BACKGROUND Seve ral years ago, the U.S . Army Corps of Engineers formu lated plans and designs to improve the flow of wa ter in the channel of the South Platte River. Pha se I of the rechannelization, an area north and south of Ox ford Avenue , is nearing completion , and Phase II , which inc ludes an area north and sou t h of Union Avenue, is schedu l ed to begin . In order for the Corps of Engineers to s tart this project , it is the responsibility of the Colorado Water Conservation Board to a cquire all easement s and right-of-way . T his phase of the project includes five parcels of Ci ty-owned land that will be affec ted by construction. FINANCIAL The City will hav no financial obligations due to the easement s. In excnange for the parcel transferred to the Colorado Water Conservation Board , the City will bene- fit by the fill placed on <...:tty prOf•tr nor hC!dSt ot en enn1al Park (Parcel 110-A-l T.E.) by the Corps of Enqineers. RECOMMENDATION It is recommended that the followinCT •Ja C!mc s, transfer , and agreeme nts be granted to the Colorado Water Conservation Bo rd so tucy Cdn make certain improvements on the South Platte River, with the understaud1ny that Englewood will not bear any financial responsibility: 1) Bill for ordinance approving agrec,,,ent with the Department of Natural Resources for South Platte River cha11nel improvemcn s , including : a) Temporary easement o vlac fill material on City property northeast of Centennial Park (Pdrcel 110-A-l T .E.); b) Pe rmanen easements on C ity proper y at Union Avenue (Parcels 116 & 117); c) Transfer in fee i;imrl to Department of Natural Resources for one a cre northeast of Centennial Park (Parcel 110); d) Amendm nt to Ordinance 23 , Series of 1983 (clarification of language and add legal description) for [Jdrcel 114 t Union Aven ue Reservoir. 2) Contract (3 pag ) tor conveyarce ot one acr of land northeast of Cente1n1al Park (P reel 1101 L•> th" ... tatc. c.f Co lo1·aao J.n exchange for fill on four • • I • • < • • • • -2- acres of land northeast of Centennial Park. (Parcel 110-A-l T .E.) 3) Special Warranty Deed transferring one acre of land northeast of Cen tennial Park (Parcel 110) . 4) Easements(Appendix E , 3 pages). Permanent easements near Union Avenue (Parcels 116 and 117). 5) Temporary easement (Appendix G , 3 pages). Temporary easement to place fill materia l on four acres northea st of Centennial Park (Parcel 11 0-A-l T.E.). 6) Grant of easement (3 pages). Pe rmanent easement amendments to Ordinance 23, Series of 1983 (language clar ification) for Pa rcel 114 at Un ion Avenue Reservoir. GD/lo SUGGESTED ACTION: MOVED BY SECOND YES NO ABSENT I • _J <t z z w .... z w u '\ \ \ I J I PARCEL 110 / (APPEND I X. A) 1.0 "''~ I I I NOTE : PAACE'l!I 110 t llO ·A·ITE' FO ~MERLY KIJOWN A~ TME PLATTE RI VER REC HA NNELI ZATION • ,. ' ' ' • • • I I I I ' \ ' ' ' ', \ \ \ ........... ...... W . UN101J A.vE. • ...... ........ ....... ...... ..... , ' ' ' 0 ' ' \ ' \ I I I I I I I I , . UNION fWE RES~R VOI~ \ \ , I , ' ' , I I . • • f • • • - ORDINAN::E NO. SERIE.S OF 198'""""4 __ _ A BILL FOR C000CIL BILL NO. l INTROOUCn C0UocIL MfliBER . AN ORDINAN::E APPROVING AN AGREEl'1ENT WI TH 'IliE DEPAR'Il-IENT OF N.l'\TlJRAL RESOURCE.S ACTING BY AND THROUGH THE COLORAOO WATER CONsERVATION ·BOARD AND AMElIDING ORDINAOCE 00. 23, SERIE.S OF 1983, FOR A CONSTROCTION PROJOCT BY THE UNITED STATE.S ARMY CORPS OF ENGINEERS KNCMN AS 'lllE SOUTH PLATTE RIVER CHANNEL IMPROVF.MENT PROJOCT TO REDOCE FLOOD DANGER. WHEREAS, the United States Army Corps of Eng ineers has formulated plans and designs to improve the flow of water in the channel of the South P atte Riv e r in the County of Arapahoe, State of Colorado ; and WHEREAS, s uch improvenen s wi ll take place partly on property owned by the City o f Englel<.QOd; and WHEREAS, it is to the bene fit of the City of Englel<.QOd to cooperate in the construction of sa id improvenents thereby provid- ing recreational resources t o the residents ; N<M, 'IliEREFORE, BE IT ORDAINED BY THE CITY COUNcIL OF 'lllE CITY OF ENGI:.avooo, COLORADO, AS FOLLGJS : Section l. 'Ihe con t ract be we en the City of Englewood and the State o f Colorado , De pa rbnent of Na ural Resources , acting by and through t he Colorado Wa ter Conse r va ion Board , is hereby approved. A copy of said contract is a~ ached hereto and incorpcrated herein by reference . Section 2. 'Ihe tenpora ry eas.~ent for construction acce ss and to all ow the placenenl of fi l l matei:1 a l on parcel 110-A-lTE is hereby approved. Section 3 . approved. 'Ih ea Pn on reels • 116 and No. 117 is hereby Section 4. Parcel 110 sh 11 ransferred in fee simple to the State of Co lorado for >1e us nefit of the Deparbnent of Natural Res o urces acting by ariU through the Colorado W:l ter Conservation Bo ard. For said ~rnnsfer , the City shall r eceive substan i al ~oun of fill on its parcel 110-A-lTE . Section 5. By Ordin n ... e • 23 , · n es of 1983 , an easenent was to be granted t o h State of Colorado , parbnent of Natura l Resources , Wat c Con rvat1on RoarJ , wh en the legal d scription was determined. Sine Ord1n nc • 23 , Series of 1983, the State of Colorado has requ st l several Chhn<J s in the easenent spec ifi cally • I • • • • • • the name of the State agency to accept the easement and that the State wanted clarification language on the fact that the State would oot be respons ible for removing City of Englewood improve- ments. '!he City Council hereby amends the Grant of Easement in Ordinance No. 23, Series of 1983, arrl adopts this easement attached and description fourrl in the attached Grant of Easement Parcel 114. All other provisions of Ordinance No. 23, Series of 1983, shall remain in full effect. Section 6. '!he City Council hereby authorizes the Mayor to sign arrl the ex officio City Clerk-Treasurer to attest the Special warranty Deed to Parcel 110 (attached as J\pperrlix A to the Contract) transferring said parcel to the State of Colorado , a copy of l<tlich deed is attached hereto and incorporated herein by reference. Introducoo, read in full, and passoo on first reading on the 21st day January, 1985. Published as a Bil l for an Ordinance on the 23rd day of January, 1985. Attest: &!gene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio Ci y Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canple e copy of a Bill for an Ordinance, introducoo, read in full, and passed on first reading on the 21st day of January, 1985. • [ [ I • • • • • - Form 6-AC-02A :DEPARTMENT OR AGENCY NUMBER :CO.NT RACT ROUTI NG NUMBE R THIS CONTR/.CT, made this __ day ot , 1 984, by a d e:veer Sta e of Colorddo ~ r the use and benefit of the De- partment of . atura. Resour es e t1rg ty dnd through the Colorado Wate r Cons rvatio Board, rei after referred to as the state, and City of Eng e ... ood, a r f".1t1~ and corporate hose address 1s Engle.oud, Colorado he re inafter referred t a th :ty, ~---- tract been W){ ~AS, after referred EREAS, ta1n landb and pro Ject; a d WHEREAS, tt ert y designated as legally d s'r' ed are attached her to area of t~e proJe ti 10 WH vh1 ch thu for Sha l I y have been and a suff1- for payment tr. la.., and fund,; e rrade avd1!able, reof •er.a1ns available L nC_J, .. t number ~------' con-___ ; iind val, cl drance and coord1na ion has appropriate agenci es ; and of Engineers, here1n - has formulated plans and designs the hannel of the South Platte • e State of Colorado, through t e ~o h Platte River channel •r referred to a he projec ; and e state is required to ob- ry for cons truction of the erta1n parce s of real prop-l~ and 1!7. These parcels are B, and c, respectively, ..,h 1ch e• I, lo•ated "'lthin the r <u1red to ob a1n ti- e arcels; and reed on the term~ under o he state 1n exc ange on specified belov; and e agreed that the city st u ~ion access and to 110-A-lTE, legally the placemen o f fill plet1on of the proJect 1r roperty from flood ing hat: tate the real µrop· ufficient special I • • • • • • warra nty deed (s ) f ree and clear of all lien s a nd encumbranc es as ev iden c ed by a c e rtificate of title insuranc e issued at the state 's expense. The deed(s ) shall be de li vered to the state within fift e e n (15 ) days of the fin a l exec ution of this contract. 2. The c i ty a grees to execu te the permane n t easemen t at - tached he r e to as app e nd i x E in f a vor o f the state wh ich will al- low the co ns r uction a nd permanent ma i nten ance of t he pro j ect a c ross parce l llb a~u 117, The ci y agr ees to exec ute the ease - me nt with in '•'teen days of the flnal ex ecut i o n o f this c on -tract. 3. I n c o ns i d e ra tion o f the conveyan c es from the city d e - scribed i n pa ragraphs 1 a nd 2 abov e , t he sta te shall place or cause to b plac ed on t o p a rc e l ,1 0 A-lTE suffic ien t f i l l ma t eri - al to raise th e s urfac e elev ation o f the parc el to a mi n i mum ele- vation o f 5 ,288 fee . Tht top t o fee t (2 ') of fi ll materia l will no have any r ocks large r •har. four •n c hes (4°) in d i ameter wh il e t he top one f oot (l') ~:l not ha v e a ny roc ks l arger than two i nches (2") i n d i a met e r . ln order tha t the f i ll may be placed on p a rce l 11 0-A-lTE, the ci y a grees t o execute the tempo - r ary easement a t t a ched hereto as a ppe ndix G withi n fifteen (15) days of the fin a l exec ution of this cont r a c t. 4. I n further consideration of t he c onveyances by the city descr i bed i n pa r agr a p hs l and 2 above , the s t ate agrees to extend i ts best e f forts t o ca~se th e com p l e i o n o f t h e pro j ect which wil l protect the c it y of Engl ewo od and resi dents from the dangers and d ama g e s re sulting f r om the fl ood ing o f the South Platte Ri v e r . DELI;;TJ::D S . T e part 1 the y wil re loca of wh · h i s oca ted o f t~ agree~ nt are ttac hed wi by w icV t:en inr ( 6 °) w t. e r. p pelln , par be 1.n ar u•s o f the p O)e c t The for• 1n the t 1l1 y re l a t ion i x H an made a pa r hereo . mpora e ous l y 6 , Th i s cont ract shalt extend to and be b i nd ing up o n the part i es hereto, the ir respec·1ve teirs, de visees, execu t o r s, ad - mi nistrato rs, legal rep r Psentat1ves, successors and a s signs, 7. Th i s con ract e .bodies al agreements be t we e n the par ti e s he reto and th e re ar ro promises, terms, cond i ions, or o b l iga tions ref r ri ng to the su ject ~att er hereof othe r h a n as he re in contained , a. The partJ s here r present and af f 1rm t hat the s1g- nator1 e s to th1 agre reent are legally au•hor1z ed t o b i nd t~e parties . 9. Th laws Of h lations issu e d p~rsJant ·her • hal! he ppl1 e d in the in t erpre- tation , execution dnd enforce ent ot th s cont rac t . An y p r o v i- sion of th is contract whet Pr r o incorporated her e i n by r ef - erenc e "'h ich provi s for rb, rati ., by any x t ra -jud ici a l body or person or which is o her se 1n ~o~tl1ct ~1th said l aws, ru le s and reguld t1ons sha l be ~on id red null and vo id. Nothing con - t a ine i n a ny prov.sion tn rpora ed herein b y refe r e n ce which purports t o ne gate th! or a y o•tPr p c1al provision in whole or in par shall b~ val.d or tor ea le or v a1 l able in any a c - tion at l aw wheth r by "' y ot aint, def n~ o r ot he r wise . Any pro v i s ion rendered null and votd by t he o pe r a t ion of this provision wi ll not nvdlid t ~· remaindvr o t t h i s c ontract to the extent t hd t the c n ra able of ex ·u t ion. 10. Th 19nJtor1 ith 1 8 -8 -301, IH S ., ( 8 -4 0 1 et s eq., (abus I • - • • • - a mended, and that no v1 olat1on of ,.u ... h provisions is p re s e nt. 11. The signatories aver that to their kno wledge, no sta e employee has any personal or beneficia l interest whatsoeve r in the service or property d~scribed herein. IN WITNESS WHEREOF, the p~rt1e& hereto have executed this agreement on the dJy first dbove wr1tt~n. CITY OF ENGLEWOOD STATE OF COLORADO RICHARD D. LAMM, GOVERNOR BY: ------------------------- May or, City of Englewood BY: -------------------------- BY: ------------------- City Manager EXECUTIVE DIRECTO R DEPARTMENT OF NATURAL RESOU RCES Attest: --------------------- To wn Clerk COLORADO WATER CONSERVATION BOARD BY: --------------------------Deputy Director A?PR .'A:..S DEPARTMENT OF AOMIN IST~A~I N DIVISI ON Of S1ATE UU!!.DU:CS BY: ----· ·---• ATTORNE GENE. AL-DLANE WOO A liY: --------------------A. H. EW~LL, JR. As 1st n A t r~cy G eral AG A .,h N A e .. J • DEPAi< .. NT OF ADMIN IST RAT IO N PU ASING DIVISION DY: STATL COSTROLL ER -JAM S STROUP HY: •• ----------------------- ! ] • I • - • • • • • lu .... 1.ri. ro.\ l<..-••• : .. 1 11 THI:, lh:t.IJ, ~!~Jo Li ii• ''"' ol l~ , Lct."'t:dl th1.,; Cl TY Cr LNGLl:..\10 D, a Colorado M n1ci{Jl corporJtlon, of the Cou11ty vl ALJ hoe ~late uft vi~ r•Ju, ufth-.: JJr::i.t J..i.;.rl, ..i.111.J !::: ATE Cr C LOR.ADO ct.1r.q by and throuqh •hp DEl'i\!l'r11.C?I~ r '. T i<;..;, l>f'SOURCEr J R.f.c fJ/;'r:1 ~J'J:.c.'\.'\~ bt:i:ef ~o:,~f H~:-~"i'~o~c~~bLR II ult),,. I oUlll}' ui .. 1.J .. l«Alt. Vl l'°vh.ir..i.Ju, ul ll1t: .::..t.:'"uuJ ~----------., P•rl; WIT N~z>SJ::Tif. Tlio.i..t l ht. ... 1J "'"" t vr tt1t rir.:tt fJ..&rt, fur dud in con~1d~rauon oftht :,um /! uf TEN DOLLARS AND OTllt.t< GOO;; ,\!IQ VALUABLE CONSIDERATION ---------' -------------------------------------------------------------bottll'l"S I lu the :, .. uJ J,Ju rt Y u( tfu.: t1 1-:.t 1J..i.J t, 1t1 t.Jntl v.uJ Ly tlic ~1.111.J )Ju.rt y of the ~ccond purt, th~ rc1:t:i}J t ~t.crcvl ht ht:rt:lty t.vldo..::;,0)-.;J J11J .u .. h.tw'o•1:h:<l..;nJ, hJ .:r J.UtcJ, bi&r .ck lned, solJ a..nd con- II vcyod, ~nd uy Lht>c ~«•cnt, <.lut. .;1 .... t L..r.;.1n, ... 11. lVll\c)' .. nJ co nfirm UlllO tire ·~•u •, j1 p~rt y uf lt,t: :u:"u J J. .. rt l t t.c1r.li unJ .... ,..;.~ni, furt. Ver, ttll lhe foJlowu.; Jc..,cril.,.,:J lul ur µ..i.1-.:d uf l..i1icJ .. :tHu ..i.t~.111 ii,;, .. ..a ttcuit; i ti~ County of Arapahoe Ii I """'"" """'"'"""· """ /! ll •.. ,.. 11 II ·-~:.... . I' OJ ,tj I 1•,1.•, u ... 11 .... u..,. ~ ".•J, t .. ..._..;jo;j '-""''. 11 ~ •-:t~.·h." .. "J,,,, ,. w l.V~'., '-h" •·cw 0 1 h ... h~lf• uhJ J.::tl>IJJ>rrlll Jurt:H:f. A nd t }1c ••iJ IJ..i.rt y uf tt.'-= hn,t J .. r l, I .tdn1rnt)lfklvr::. Jou!:i Cv\.\:n ... nt1 t:r-'1:1 ~4.:cunJ J.i..i.rt, 1 ts Ju .. Lr.11 .. nJ.,. ,. 1-;1 po3,)t:.l).:.100 "( ..... ,J J•utl y o( th-.: ~r :u.•11 ur ~t:i.>vu 1~~ri.. Jy 1 ... 11 lHhJ,·1· Uu .. •..i.I ft ul 'j ul J J l II l'l!\t.l>. ltl Id U~, 1h .... ,,J !a 1-111J .... 1 6 ... 1 ·1,cJ, ... :J;t d .... 11d l>d1 A tc6t: ...,_Uot I l "" tnt• u11i'•~rt-.·11o11nc~ . unto ll1t:a.."'1Jp.a l y O ltht'.'..,~ '1hU1J art, l.ts St. ht'.'rt.!untu ... ~.-t l t s l~LAl.j corpor .... l>1'ALJ .-otiS.-1-1a,.IJ'fALJ / db I!>< o ffl c 10 11 ........ , j .. ~. 80 10 11 IJ /, I I • • • • - l:.ASEME NT THIS AGREEMENT, made t hi s da y o f • 198 • by and betveen the City of Enql ewood, of the County of Arapahoe in the Sta te of Colorado, a bOdy politic and c orporate vhose ad- dress i s 3400 So. Elat i t., En gl ewood, Colorado 80110 , hereinaf- ter referred to as the granter, and the State of Colorado acting by and throug h the Department of Natural Resources for the use and be ne f it of the Colorado Wa er Conservat ion Board hereinafter re f erred to as the grdntee; WHEREAS , a uthority exist 1n the lav; and WHEREAS , required approval, clearanc e , and coordination has been ac compli shed from and v1t h app r o priate agenci es; and WHEREAS, the Uni ed States Army Cor ps of Engin eers has for- mu l ated plans and des i gns t o improve th e lov of water in the chan nel of the South Pldtte H1ver, herein after the river, in the County of Arapa ho e in the State of Colorado , through a construc- t ion project known as t he S o ~th P atte River I mprovement Proj ect hereinafter the proJe c t; and WHEREA S, as proJect sponti o r the grant e e is required to ob- tain the ne c essary rignt of vay tor the project including real propert y a nd ce rta in rights in real property; and WHEREAS, the granter 1s t he owner and in possession of a c e rtain parcel of real pro per t y which 1s in the proJ e c t area. Sa id rea l property has bee n de~i gn ated as parcels No. 116 and 117 a nd are more particula rl y descr 1 ed by heir l egal description which are attac hed 1e re ·o a 1~ inco r po rated here1n by re fere nc e as appendixes B and C, he rea f t e bo th r eferred to as the "proper-ty .• WH ERE AS, the g r ant v r v1 ~ .~~ t o o otain and the granter agree s to grant a perpe tu a as eme n t ov r the propert y for access to and construct i on a nd ma1nt e ~anc ~ o t that por t 1on of the proj e ct which c r o sses t he pro~e rty ; a nd WHEHEAS, t he proiec t is o f gr ed t enef1t t o the granter and t herefor thi~ easement s hrl 1 b e gra nt e d vithout monet ary consi d -erat i on . N THERJ::F ORE , it IS hereby ~re ed that; 1. Gran t er hereby grar s to t ne g rantee, its heirs, suc- cessors, an'l a :ngns a per an"nt e sem ent and right of way upon, over, d c r o ~~ and ~hrough th pr~p r t y ae~c r 1 bed in appendixes 6 and C1 a t ta ched here 0 and Ir Or.ora ted by reference a though Se t forth 2n fu l t or the purpo • o f allowi ng the grantee, it s con-tractor~. cmp oyee~, agents drd a,s19n s to construct that portion of the here 1nLe fvr e descrited proJeC t wh 1cn affects the property . 2 . T~1 gra t of ~1th the l a n , d nd hal. cessors 1n int r ~ • ase n sha l l be perpetual, shall run c binding upvn the parties a nd any sue- J . T ~ gra n•or ~ ~ her e b y covenant v1th the grantee that grdnt o r is ldv t u ly ~e1zea a nd possessed of the property abov des c rit, d , tl1e gr ntor hd ~ a g o od and lawful right to con- y y the rqe rt y or .try part tt r of , that the above des cri bed easement a nd r :ght o t Vd 1 tr ee o f dll encumbrances and that grant e r 21 1 f or ~'er ~a rtdn t and efend the titl e thereto aga inst the lawt Ml cl 1m· o t a ll p r ons w hom~o ever. A ,,end1 x E • I • • • • • • 4, The con ideration f o r this easement is the best ef- fort of the grantee to cause the constructi on and completion of the project in a ti mely manner, hi ch pro)ect wi ll protect the residents of the grantor from i nju ry and daJDag e s from flood i ng. 5. Granto r reserves the right to us e said easement and r ight of way for purpo~es wh1 r h wi ll not int erfere with grantee's full enJoyment of t he r i ghts here by gra~ted; provided that the granter shall not erec t o r con s r uc t any building or other struc - ture or dril l or oper a e a n y we l l o r remove any soil, sand o r gravel 1n said e aseme n t ana right of way or in a manner that would alter the channel mprovemen s mdde by grantee; nothing herein contained shall proh .b 1t the grantor from const ructing, maintain ing, expa nding, or rebuilding a b r idge across the South Platte Ri ver . Any p ans for the con s tructi on of a bridge must meet with approval of the Army Co rps ot Engineers, Omaha Dis -trict. 6. Grantor fur her grants to gran tee the right of in- gress t o and egress from said st rip over and a c ross said lands by means of roads a nd lanes t hereon if such ther e by; otherw ise by such ro u te or r outes as shall occasion the least practical damage and inconvenience to grant e r. 7, Grantee or its assigns , contract ors or employees cov- enant and agre e to perform any constructi on, maintenance, serv ice or repairs with di spatch and care and upon completion of any op- eration shall repair any damaged done to the grantor's fences , roads, lanes , paths, or other 1mprovemen s. Any damaged trees and shrubs whi ch are not rem o ved under the proj e ct shall be re- placed, if destroyed by the gran tee or its assigns, contractors or employees. 8. Grantee agrees to notify the granter at least ten (10) days prio r to undertaKi ng any construction , maintenance, re- pair or serv ice a c tivity . Sa i d not i c e shall be by first class mail postage prepaid t o the Ott1 c e o f th e City Ma nager, City of Englewood , 34 00 So . Elat 1 St., Englewood, CO 80110, Attn : 9. The laws o! t he S t ate o f Colorado and rules a nd regu- lations pu rs uant the r et o s hal l be a pplied in the interpre tation, execu tion a nd enforc eme nt o f hi s con tract. Any provis ion of this contract, whe the r or no t i nc orporated herein by reference whi ch prov i des f o r ar b1 rat i on by any extra-Jud ici al body or per - son or which is o t her~1se in conflict w1 h s a i d laws , rules and regulations, sha ll be co'· 1dered n ull a nd vo i d. Nothing con- tained in a n y provision in~orpo1·ated her e in by reference which purports t o neg a te this or ry otl~r s p ~c1 a l provision in wh ole or i n pa r t sha ll be va 1d or entorced b e o r available 1n any a c- tion at law , whether by ·ay to co ~ld1n , def nse or o t he rwise. A prov i ~:on re nde red null and void by t he o erat i on of this pro- vision will no t invalid t~ •le rem d ind e r of this contra ct to the extent tha t the con r ct 1s c ~u b l ~ o f e xec ut i on. 10. The s o gnator1e~ here n aver th at they are f am1 l1ar withs Ct 1on 18 -8-301, C.R.S ., (brib ~r y und Corrupt Influences) and ~e c tion 18 -8-401, C.R.S., (Abu se o f Pub l ic Offi ce), as amended, and thut n v 1ola t 1on o t such provision is present. 1 1 . The s1 qnatori ~~ aver that to their knowledge, no state empl o yee hds a ny pe rson a l o r benet1 c 1al in ter st what soever in the servi c e or proJ ~C t , d escribej he r ein. IN WITN~SS WH EIU'OF , the parties hereto have ex cuted this concrac the day a nd yea r t irst a ve ~r i t en. -.- • I • • • • • CITY OF ENGLEWOOD By: -------------------------- PRESIDENT OF CITY COUNCIL • • • ST ATE OF COLORADO RICHARD D, LAMM, GOVERNOR By ---------------------------EXECUTIVE DIRECTOR Depa r tment of Natural Resour ces COLORADO WATER CONSERVA TIO BOARD ATTEST: ---------------------- APPROVED AS TO FORH BY THE OFF ICE OF THE CITY ATTORNEY ------------------------------JOHN R. OLSEN City Attorney By RICK DEWITT Ass istant City Attorney By: -------------------------- APPROV ALS DEP ARTMENT OF ADMINISTRAT IO N STATE BUI LDI NGS DIVISION By: By: --------------------------DUANE WOODARD Attorney Genera l --------------------------A.H. JEWELL, JR, First Assistant Attorney General AG Alpha No. NR WC HULP AG File No. DNR8403843/BW -3 • I • • • • t • • • - TEMPORARY EASEMENT THIS AGREEMENT, made this ~-day of ' 198~, by and between the City of Englewood, whose address is 3400 So. Elati St., Englewood, Colorado 80110 here inafter referred to as the granter and the State of Colorado for the use and benefit of the Department of Natural Res ources a cting by and through the Colorado Water Conservation Board, hereinafter referred to as the grante e or the state, WHEREAS, authority exis ts in the law and funds have been budgeted, appropriated and otherwise made available and a suffi - cient unencumbered balance thereof remains available in fund Num- ber , G/1 a ccount Number , contract encum -branceliUiiiber ; and WHEREAS, required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and WHEREAS , the United States Army Corps of Engineers has for- mulated plans and designs to improve the flow of water in the channel of the South Platte River, hereinafter referred to as the river, in the County of Arapahoe in the State of Colorado, through a construction project kno wn as the Platte River Channel - ization Proj e ct hereinafter referred to as the pro j e ct; and WHEREAS , as project sponsor the grantee must purchase or otherwise acquire easements, rights-of-way and other int erests in real property which are necessary for con st r uction of the project; and WHEREAS , the granter is the o wner and in possession of cer- tain real property located conti guous to the project right-of-way; and WHEREAS, the granter wishes to acquire and the granter is willing to grant a temporary cons truction access and fill ease- ment, hereinafter referred to as the easement. NOW THEREFORE, it i s hereby agreed that; l. For and in cons i deration of the paym en t hereinafter stated a nd the keep ing of the covenants and agreements her e inaf- ter expressed, gra n ter hereby grants and conveys to grantee a temporary construction a ccess and f ill easement for a per iod of 24 months commen ci ng January l, 1985. The easement shall be on, over, and across that property which is d escribed in appendix D, wh ich is atta ch ed her et o and incorporat ed by reference, and i s herei nafter referred to as the propert y . 2. Granter and grantee have mutu ally determ i ned that the construction of the proJect and the placement of fill material on the property accordi ng lo the specifications of the Corps of En- gineers which have been provided to the city is good considera- tion for the grant of this easement. 3. The easement shall commenc e on J a n uary l, 1985, and extend for a per iod of 24 months through December 31 , 1986 at which time it shall be of no fur her force and effect. 4 . The easement sha 1 inc ud e the r i ght to permanently fill areas whi ch lie below the design water surface profile as determined by the Corps. Said perm nen fill material shall c on - sist of sand, dirt, rock, or other simil ar materials whi ch shall no contain debris o r ot er unsu1 able aterials or it ems and h 11 be of a s1m1 I r na ur o th! •at rials comprising the con - tiguous l rrain. Tne final grade of t e filled area shall match • I • • • • • • • - that of the contiguous terrain so th at no water will stand on said filled area, but will flow to the r i ver. There shall be no dens it y control over said permanent fi ll material. 5 . The easement shall also include the right for the grantee to enter onto the property for purposes of construct ion of that portion of the proj e c t which i s ad j a c ent to the easement. Said right shall include the movement of vehicles, machinery and equipment a c ross the proper ty. 6. Th e easement sha ll also include the right for the grantee to use the proper y for mo b ili zat ion of labor forces, as a staging area for construction equipment, vehicles and materi - a ls, and for use as a temporary stoc kp il e area for excavated ma -terials. 7. The granter does he reby coven ant wit h the grantee that granter is lawf ully seized and possessed o f the property, the granter has good and lawful rig ht to convey s a id property or any part t her eof , and granter will forever warrant and defend the tit l e thereto agains t the lawf ul cl aims of al l persons wh omso ev -er . 8. The provisions hereof sha ll be binding upon the par - ties hereto , their agents, contractors, successors and ass i gns and s hall r un with the l and. 9 . In the event hat the grantee cont rac s for any work to be performed on the property, grantee shal l require its con- tractors, ex cept the United States and the United States Army Corps of Eng ineers, to indemnify, save and ho d harmless the grantee and the granter from any and all claims or liabili t i es whatsoever for 1nJury or death to persons o r d amage to property ar i sing from the contractor's actions o r inactions. 10. This agreement shall not be deemed valid until it sha ll have been approved by he con roller of th e Sta e of Colo- r ado or such assistant as he may design a te. This prov i s ion 1s app licable to any contract involving the payment of Money by the state. 11. Financial obligations of the sta e payable after the current fiscal year are contingent upon funds for that purpose bei ng appropriated, budge ed or Otherwise made available. 12. The avs of the State of Colorado and rules and regu- lations pursuant thereto ~hall be applied 1n the in erpretation, execution and enforce~e1.t of th1~ aqre ment. Any prov1s1ons of this agreeme ~t, h ther or not incorporated her 1n by relere nce h ch prov1d for arb1 ra ion by any ex raJud·c1 al body or person or which 1s Otherwise 1n conf.1ct with said laws, rul s and regu- lations, shall o cons1 lered null and void. Nothing cont a ined in any prov1s1on 1ncor r& d herein by reference which purports to negate this or any o h r µrov1s1on 1n whole or in part shall be valid or enforceab.P or available 1n any action a la , whether by WdY of co p dint, d tens or other wise. A provision rendered null and void by he o • r~t1on of this provision will not invali- date tne rema1nd r ot this agr ement to the extent th t the agr ement 1s Cdpab le of ex cut1on . l. Th s19ndtOr1es hereto dver that th y are t m1 1ar with section 18·8·301 to 18-8 JO , C.R.S. 11973), (bribery and corrupt infl u ence ) nd ~ ct1on 18~8-01 to l8 8 408, C.R.S. (amend d 19771 (abus ot pu lie oft1ce), and that no v1olet1on of such prov1s1on 1s pr ~en • . .. I • • , • • • • • 14. Upon the expirat ion of this easement, grantee shall execute, in recordable form, an instrument evidencing the expira- tion of sa id easement, whi ch instrument shall be delivered to granter. I N WITNESS WHEREOF , the parties he reto have executed this contract the day and year f irst above written. GRANTOR By: -------------------------- Title:------------------------ ATTEST: ---------------------- TITLE: ----------------------- SEAL APPROVALS DEPARTMENT OF ADMINISTRAT ION DIVISION OF STATE BUILDINGS By:--------------------------- ATTORNEY GENERAL DUANE WOODARD By: --------------------------A.H. JEWELL , JR . F irst Ass is tant Attorney General STATE OF COLORADO RICHARD D. LAMM, GOVERNOR By: -------------------------- EXECUTIVE DIRECTOR Department of Natural Resources COLORADO WATER CONSERVATION BOARD By: --------------------------DIRECTOR DEPARTMENT OF ADMINISTRATION PURCHASING DIVISION By: -------------------------- STATE CONTROLLER J AMES STROUP By: -------------------------- AG Alph No. NR WC HULP AG File No. DNR8403613/1SC -3 - • I • • • • • • • • - GRANT OF EASEJ'1Eln' Parcel 114 THIS GRANT OF AN EASEME NT ("this Grant") is made this day of I 198 by the CITY OF ENGLEWOOD , COLO~ ("Granter "), whose addressis 340 0 s . Elati Street , Englewood, Colorado 8 0110 , to the SI'ATE OF CX>LORAOO, by and through the DEPAR™ENT OF NATURAL RESOURCES for the use and benefit of the WATER CONSERVATION BOARD ("Gr antee"), whose address is 1313 Sherman Street, Denver, Colorado 80203. The parties covenant and agree as fo llows: 1. EasBTi ent Propert¥. '!tie "EaseTient Property" shall mean the real property located m the County of Arapahoe , State of Colorado , more particularly described on the attached Bound ary Survey of Pa r cel 114. 2. Consideration. As consideration for this Grant, Gr antee shall pay to Grantor the s of One Dollar ($1 .00) and other good and valuable consideration paid by Gr antee , r eceipt of which is hereby acknowledged by Grantor . 3. Gran of &ls en . Granter hereby grants to Grantee, its successors and assigns, nonexclusive easenen over , under , across and thrc h the Ease"".ent Pro rty for th purpose of constructing , o rating, main aining , r epairing , replacing , reTiovrng and enlargrng those s ructures or lll1ptovenents of Gran ee tha Grantee: finds necessary or '"'s1 reaole to pass the flo waters of th Chatfield 01ann~l ProJect , as eterm1ned by the U.S. Army Corps of Engineers , and also for ace ss to th 01atfield PrOJec 01annel unprov ents , xcept that said rights shall not interfere with the punping sta ion of Grantor. 4. Access. Grantee shall have e per tual, nonexclusive r1gh of ingress and egress 1n , to , over , through and across the EasBTient Pro r y for any purpos~ necessary or desirable for he full enJoymen of the righ s granted to Grantee under this Grant. 5. SUb)acen agr s tha Grantee support on t~ Eas en desirable f or the full, rights 9ranted to Gtant.,; Granter covenan s and lat ral 6. Rights of Grantor. Gran or res rves th full right o t11 uncJisturbc .. 'l.l o·...,.1crs11ip , use , an<l occupancy of the Ea nt Pro rty insofar as s...iid 01.ne!rship , use, and occupancy 1s consisten with and docs no impair h• rights granted to Gran in this Gran . • or I • • ' • • • • • - 7. Abandonm ent . In th e event that Grantee shall abandon th e rights granted to it under this Grant , all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor s hall hold the Easement Property, as the s ame may then be, free from the rights of Grantee so abandoned and s hall own all materials and structures of Grantee so abandoned, provided that Grantee s hall have a reasonable p eriod of time after sa id abandon- ment in which to r emove any or all Lin es and Appurtenan ces from the Easement Property. In the event that Easement is abandoned by Grantee , Grantor sh all have the right, at its sole opt ion , to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee, except for improvemen ts built by the Grantee for the Grantor. 8. Warranty of Title. Granter warrants and represents tha Grantor is the fee simp le owner of the Easement Pr operty and hat Grantor has full righ t , title and author ity , and that th is Gran is effective to gran t and convey to Grantee the within des cribed easement. Gr ant or fur ther covenants and agrees to indemnify , de fend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 9. Binding Effect . This Grant shall extend to and be binding upon the h irs,-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 he land . IN WITNESS WHEREOF, the parties hereto have executed ,is Grant of Water Line Easement the day and year first above written. GRANTOR: CITY OF ENGLEWOOD, COLORADO Attes Gary R. Higbee ex officio City Cl rk-Tr e sur r 2 • I • • • , • • ( • • • • STATE OF COLORADO ss . COUNTY OF ARAPAHOE The foregoing instrument was acknowledged before me this day of , 19 by Eugene L. Otis as Mayo r and Gary R:""lilgbee as ex off1c10 City-Clerk-Treasurer of the City of Englewood, Colorado. Wi tne ss my hand and official seal. My Commission expires: Notary Publi c Address: • I • • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SU BJ E'CT January s , 1985 / /c, Mutual Aid Agreement INITIATED BY Chief Robert Holmes , Police De par t ment ACTION PROPOSED Repeal of Ordinance 'o. 12 , Series of 1982 regarding Mu ual Aid Agreemen for Police Services In 1982, he Englewood City Coun ci l adop ed a u ual Aid Agreemen for Police Services. Si ce adopt.on oc 'ha ordin ance, only four police agenc i es, in c luding Englewood , have signed the agreement . As a resul of the lack of participa· ion in thi s agreement , the Metro~olitan Associa ion of Chiefs oc Police vo ed in its November 1984 ;ee ing o d1ssol e he ~u ual aid agreemen . It is he opinion of hat organi~ ·ion, as well as Ci y A torney Jack Olsen , ha Colorado State S·a utcs a~equa ely es ablish mu ual a id agreemen s for police serv ces between ci ies in Colora o. As there is no longer a mu ual aid a reemen su por ed by he ~etro- politan Associa ion of Chieis of Police, anj since s a a utes crea e he needed cov rage, 1s o longer necessary Englewood have such an ordinance and I wo~ld, herefore, reques City Council repeal Oriinance ~o. l~, series o 1982, regarding Mu ual Aid Agreemen for Police Services. • I • • • •• • ORDINAOCE 00. ---SERIES OF 1985 • • - BY AUTHORITY A BILL FOR COUNCIL BILL 00. 3 INTROOOCED&.bIL MrnBER • AN ORDINAN::E REPEA LING ORD!. AOCE 00. 12 , SERIES OF 1982, REXiARDING MlJI'UAL AID AGR EEl'IENT FOR LICE SERVICES . WHEREAS, a proposed mu tual a i d agreement for police services C1T1ong municipa l law enfor nt agencies was proposed but not cons umm ated; a nd WHERFAS, such is not now deemed to be ava1 lable to nor r equ ired by tive par~1es hereto; NaY , 'lliEREFORE , B IT ORDAINED BY 'lliE CITY COUNCIL OF THE CITY OF ENGL , AS FO S: Section 1. Of 1982. City Counc1 hereby repeals Ord inance No. 12, Series Introduced, reiid in full , and passed on fir st reading on the 21st day of January, 1985 . Pub lished a s a Bill for an Ordinance on the 23rd day of January , 1985 . Attest: Eugene L. otis , Mayor ex officio City Clerk-Treasurer I, Gar y R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, h by certify that the above and foregoing is a true, accura e and conple e copy of a Bill for an Ordinance, introduced, read in ull, and !l<JSSed on first reading on the 21st day of January, 1985. Gary R. Higbee • I • • ' • ORDINANCE NO. /,:/. SERIES OF 198~ • • - BY AUTHORITY COUNCIL BILL NO . 11 INTRODUCE D BY COUNCIL MEMBE R NEAL AN ORDINANCE APPROVING A MU TUAL AID AGREEMENT FOR POLICE S ERVICES . WHEREAS, it is desirable that municipal law enforcement a ge ncies assis t ea ch other in the event of an unusual major occurrence or major emergency situation; and WHEREAS, it is necessary to formally establish procedures for the render ing of mutual aid. NOW, THERE FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEW OOD, COLORADO: Section 1 . There is h reby approved a contract titled "Mutual Aid Agreement" consisting of three typewritten pages providing for mutual police aid and assistance as set forth therein. Sect ion 2. That each party shall develop an emergency operations plan a nd a gre s o furnish resources and facilities Lo render services to th o the r in the event of unusual major occurrences; however, no pa r t y shall be req~ir d to deplete its own resources unreaso~ably; stabl1shes provisions as to when em e r gency assistance may be requested; th va ue of the services shall b equal to each of the parties; and the ~e hod of exercising emergency is establish d. Se c tion 3. Th Ma yor of th City of Englewood and the ex officio City Clerk-Treasurer ar her by authorized to sign the document on behalf of the City Council and the City of Englewood and attest the same. lntroduc d, read i .. full, and passed on first reading on the 1st day of Fe ruary, ~82. Published as F bruary, 1982. B l fo an Ordinance on the 3rd day of Read by l l and pass February, 1982. on final reading on the 16th day of Pu lished y title as Ordina nc e No. /,;L on th 17th day of February, 1982 . Att s • , Series of 1982, I • • - ' • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado, hereby certify that the fore going is a true, a ccurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance N o .~, Series of 1982. • I • , I • • • - M ~T U AL AI D AGREEMENT This agreemen t made a d entered i n to by the various political subdivisions, municipal corporations, a nd other public agencies operating in the sta te of Co 1 orado; WJ1N ESSE TH : WHER AS , it is desirable that each o f the parties hereto should volunta r ily aid a nd assist e ach other in the even t that an unusual major oc curre nce or e merg en c y s ituatio n should occur , by the rnterchange of police a nd sheriffs' services a nd fac ilit ie s; WHEREAS, it is necessary and de si ra ble t ha t a mu tual aid agreement be exec uted for the interchang P of such mu u aid on a l o cal, countywide, region al, a 11u ,tat e;,;J~ bdsis; WHEREAS, Sections 29-5 -1 03 t o 29-5-111 Colo r ad o Revised Statutes, 1973, pro- vides statutory a u tho rity f o r s uch i nte r cha ge of mutual aid by arious political subdivisions ; NOW, THE REFORE, IT IS HEREBY AG REED by and between each and a ll of the parties hereto a s fol lows : 1. Ea c h party sha ll d e v lop a plan providing for the effective mobili- zatio1 1 of a 11 its r e sou r res and fa il i ties o cope with any ty pe of unu s ual maJor o ccur r e1 C" or Pr.iergency s itua t i on tha t sha l 1 b no w as an En crgcncy 0 erat ior s Pl ar. 2 . Ea c h party ag rees t o urnish resourCDS ard f ac i li t i es and to render s e r i lC'S t o eilch arid every othrr pilrty o t he a g reeme n t in the c ase o un us ua 1 1T1ajo r OClurrence or e~1ergenc y situation in accord a nc e wi th du l y a dopted mutual aid o~erational plans , hether here t o f ore or her ea fte r a dor t ed, d e ailin3 the me hod an d ma n ner by whi c h s uc h re sou rc e s , acili ie•, a nd sen1ce>s are o be made available a ri d fur- ni shed; provide·, ho wever, that no party s h a ll be required to d epl ete unr ea sonably i sown resources, acilities , a nd services rn fur 111 sh111g ~uc h ~Jtu a l aid. 3. The reques ing p rt will no req~est aid f rom an a s si s ting par t y u1 til he re11 e!. i119 idr j as cor.:m1ttcd one hu•dred (100) per cc11 t of its res01rces to le merg icy situation. This p r o1isi on , ho wever, will "' a~-1 l to ttose r>rgency s tu tions wh ic h , 111 tne J u dqme nt of t e r e Ut'S i 19 pu ; , appea to b• o a s ho rt dur a ti on. For t he µ~rposes of t is ara ra~h. a short duration i s de f ined as be i ng th ree (3) ho r~ or less ... It 15 ex p re ssl y u nderstood t ha .. any mu tua l en d extended under this agreemen t a 11 d th e op rationa l proced ur e s a dop ted pursuant t hereto, is fur n ished in a ccordant with ections 29 -5-103 to 29-5-111 Co lorado Revised Statu tes . 1973, as a•ner.ded, a11d othe r applicable provisio11s of J aw , a nd t he de f 111i ions for unusual maJor o ccurrence or emergency situ ati on . • I • • ' • I I ' • 5. 6. 7. • • • Th ~ s0 rvices ren cJ <?red by on e pa r ty t o t he other are of e 1u a l vulu e u11d there shul l b e no charge s 11ade by one party for the services rendered to the other party. I n the eve n t of equipment darailge by r eason of the action of the e1:iployees, the liability and loss shall be d e termined on t he basis of t:1e fault or ne gligence of any e l'tploy ee. The employer of the e1 ;1 p loyee who is found to be at fault shal 1 be 1 iable for the loss. Thi s agreement shall become effective as to each pa rty when a pproved or ex ecuted by the party, ancJ shall r emain operat ive and effecti ve a s bet11een each and every party that has heretofore or hereafter arrwoved or executed this a gree1;1ent , until participation in thi s agre"i.1e11t is teminated by t he party upon t hirty days written notice to all other parties. The termi nalion by one or more of the parties of i s participation in this aq reen,en t shall not affect the operatio n of his agreemen t a s beb1een t e o t ~1er parties the r eto . Each party a gre es to a do pt th e fo l 101,r i ng pro c edure in conformance with ilppl icable statutory l a 11 1,rlien requ e sting or furnishing mutual aid for unusual r~a jo r o cc urre nce or e 1~er9ency situation: All request s for riutu a l aid are t o be made by t elephone by t he chief of police or sher i f f , or a per s on exercising the functions thereof, 0f the requ e sti ng pa r t y to the chief of police or sheriff, or a person e xe rc i sin g t he fu nct ions the r eof, of t he assistin g party. The request is to be i.!'!"_!.ediat~IJ:. conf irr.1ed by teletype or 0th !!1· 1·irit i:.en 1.1essage by t l.e requ es tin g party. D. Th e r es o u r ces or f acilities that a re a ss i 911 e,1 shall be und e r the ir111 ediate c or1Ha nd o a superior of f i ce r des ignated b s uc h assisting pa rty . cuc su~.erior o ff ic r s lto ll be under the dire ct supervi s i on a nd c or.n and of the r eq ue s tin g c h ief of police or sheriff , or pers on s exe r cis in g t hL func tio ns thertof . C. Th e r equi:-sting pa rty s hall inde111111fy , J .... f c nd and hold tne as s isting p ~rty h a n:1l 0 ss fr or.1 an y ancJ al 1 c l a i ms and/or la11sui ts for da ma ges, except ex e1np l ary dam a ges . or or iss i or·s of the assisting pa rty or it s er1p l oy e ~s , agents, o r office r s , 1·1h1 le enguged in services for the req ues ti ng party. O. A ~1e11cies servf'd 1:1th notice o suit sha l l i 1.rne diatel y fon-1e1rd c,uch no ice to h re ucs 1119 ilg ncies. I ll •;n ESS l·!ll(f'EOF t•11~ agree t'nt h ., I> •.n cxecutd e1nd ap p rovt·d an d is cf f cc t 1 e a nd ope r ative a. to each of the art 1es as herein provided. llated tl lis /{' (/1 d1 of~!.L_i1 •! ),. «t--· -. 19 32 . Alte s -?- I • ' • I ,. I /\PPE:IUIX fl DEFWITJOllS • • • l\. y_n_u_S_!!~..!_!!_a_jor Occurrence -An unschedu led physical event involving potential or uctual personal injury or property damages arising from fire. flood, storii1, earthquake, wreck, enemy actio n, civil distur- bance, terrori st activ i t ies, or other natural or man-caused incident. B. ~~en~~~ions -The existence of condi tions of disaster or of cxtre n ~ peril to the safety of oersons or property within the li r.tits of a city or county caused by such conditions as fire, flood, storm. riot or oth er conditions 1~hich are likely to be beyond the control of the service s, personnel, equipmen t and facilities of a given pol itical subdivision. .--~~----------lllliiiiiiiiiiiiiiiiiiiiiiiiiiiiliiiliiiil-----iiiiiiiilii.-.. • I • • C 0 U N C I L DATE Jan uary 15, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM d SUBJECT Ce ntenn ial Shopping Center Easement Exchange INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED~~~C_o_u_n_c_1·1~a_p_p _ro_v_a_l_o_f~u_t_i_l1_·t_y~e -as_e_m_e_n_ts~e_x_c _ha_n_g_e~w-it_h~~~ Centennial Par ners ip, L d. BACKGROUND The owners of Centennial Shopping Center, located at Federal and Belleview, wish to vacate the existing wells and easements and give the Ci yo Englewo od new easements for improved water service and fire protec ion to the Shopping Center. The easements to the City will be 20 feet in width for installation and maintenance of a 12-inch wa er line r unnin g from he northeast corner to an existing line crossing Federa l Blvd. FINANCI AL DETAILS Ce ntennial Partnership, Ltd. will pay or ap pr ox i mately 919 feet of 12" water line, and the City of Englewood will pay for the balance of the line, which will be approxi matel y 400 feet of 12 " main, dependi ng upon the condition of the existing raw water main, and only after the in- stallation of Centennial 's share of the ma i n. Englewood will extend the main to just past the exi s ti ng well, near Che nango . Englewood's share for installation, inclu din g a valve , is es i~ate d at Sl 0 ,000. RECOMMENDATION Council approval of Quit Claim Deed C(ln veyin Ce r ta in Tracts of Land and Vacating Certain Ease men ts i n Arapahce Coun y, Colo rado and a l so the Utility Easements for Wat er Lines o the Ce nt en nia l Shopping Center. • I • • • ORDINAOC E NO . SERI ES OF 198'"5 __ _ • • - BY AUTHORITY A BILL FOR C:OUOCIL BILL NO. 8 INTROOUCW-BY COUOCIL MEMBER V'~ AN ORD INAOC E AUTHORIZING EXEl:UTION OF QUIT CIAIM DEED CONVEYING CERTAIN TRACTS OF LAND AND VACATING CERTAIN EASFJ-\ENI'S IN CENT ENN I AL SHOPP ING CEITTER AND APPROVING EASEMENT F RCM CEm'ENN I AL SHOPPING CENI'ER 'ro CITY OF ~EWOOD FOR A NEW WATE R LINE. WHEREAS, on Decanber 11, 1959, the Valley De velopnen t Co r po ration granted to he City of Englewood, in deed recorded in Book 999 at page 22, three tracts of land to construct water wells and easanents to each such trac ; and WHEREAS, Englewood/Centennial Partnership , Ltd. is successor in interest to Valley Developnent Corporation ; and WHEREAS, Englewood/Centennial Partnership, Ltd., owner of the Centennial Shopping Center (located at Federal and Belleview) is ranodeling the said shopping center; and WHEREAS, because of the ranodeling of the shopping center, the City of Englewood and Englewood/Centennial have ag r eed that two of the we lls shall be reconveyed t o Englewood/ Centennial arrl their r e s pective easanents vacated, Englewood/Centennial will grant to the City of Englewood a new 20-foot wide water easanent over and across a portion of the shopping cen er; NCM, THEREFORE, BE IT ORDAINED BY IBE CITY OF ENGLEWOOD, COLORAOO, AS FO~S: Section 1. City Council reby authorizes the execution of the O.nt Clalln Deed conveying rtain tracts of land arrl vacating certain easanents i n Cen ennial Shopp ing Center, Yksich is owned by Englewood /Centennial Partner sh ip , L • , a copy of Yksich deed is attached hereto as Attachnent 1 and incorporated herein by reference. Section 2. 'Ille Mayor and ex officio C1 ty Clerk-Treasurer are authorized to sign attest said quit claim deed for and on behalf of the City Coun il and th City of Englewood. Section 3. City Council approves of the Grant of Utility Easanent for wa er Lines fran Englewood/Centennial Partnership, Ltd. to the C1 y of Engl , a copy of Yks ich easanent is attached hereto as At achnent 2 and incorporated herein by reference. • I • • • • • • • Introduced, read in ful l, and passed on first reading on the 21s t day of January, 1985. Published as a Bil l fo r an Ord i nance on the 23rd day of January, 1985. Attest: Eugene L. ot1s, Mayor ex off ic i o City Clerk-Tre asurer I , Gary R. Hi g bee , ex offi cio City Clerk-Treasurer of the City o f l'l'lglewood, Colorad o , hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bi l l for an Ord i nance, introduced, read in full, and passed on fir s t reading on the 21st day o f January, 1985. Gary R. Higbee [ I • • • • • QUIT CLAIM 0£ED CONVEYING CERTAIN TRACTS Of LAND AHO VACATING CERTAIN EASEMENTS IN ARAPAHOE COUNTY. COLORADO BY AND 8E1V[EN THE CITY Of ENGLEWOOD AHO THE ENGLEVOOD/C£NTENNIAL PARTNERSHIP• l TD. DATED THIS DAY Of 1984 TlUS DEED, is made this __ day of-----------1984 between the City of Englewood, a municipal corporation ("City of Englewood") of the first part, whose legal address is 3400 South Elati, Englewoo d, Colorado 80110, and Englewood/Centenni al Partnership Ltd., a Colorado limited partnersh ip , ("Englewood/Centennial") of the second part, whose leg3l address is 1410 Grant Street, Suite A-101, Denver, Col orado 80203. Englewood/Centennial is the successor in interest to the Valley Development Corporation. On December 11, 1959, the Valley Development Corporation granted to the City of Englewood, in a deed recorded in Book 999, at Page 22, three tracts of land to construct wate r wells ard ease me~t s to each such tract. The c ·ty of Englewood and Engl ew ood/C entennial have agreed that two of the Wells shall be reconveyed to Englewo od/C entennial ~ d their respe~tive easements shall be vacated. The City, for and in considera ion o One Dollar, paid by Englewood/Centennial, the re ceip where of is hereby confessed and acknowledged, has remis ed, released, sold, conveyed and QUIT CLAIMED, an d by these presents does re ise, release, sell, convey and QUIT CLAIM unto Englewood/Centennial its heirs, successors and ass igns , forever, all the rig t, title, interes , clai and demand which the City of Engl ew ood has in and to the follow ing descri ed lots or parcPls of land situate , lying and bein g in the City of Englewood, County of Arapahoe and State of Colorado, to wit: See legal de scrfpt1on attached as Exhibit A Attachment l I • • • • • • • Together with all and singular the hereditaments and appurtenances thereunt o belonging, or in anywise appertaining, and the reversion or reversions, re~ainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of, either in law or equity, of, in and to the above bargained premises with the hereditaments and appurtenances. IN WITNESS WHEREOF, the City of Englewood has caused its corporate name to be hereunto subscribed by its ~~~~~~~~~~~~ , and its corporate seal to be hereunto affixed, attested by its Secretary, the da y an d year first above written. CITY OF ENG LEWOOD y: Secretary I • EXHIBIT A to • • - Quft Claim Deed Conveying Certain Tracts of Land and Vacating Certain Ease11ents Two rectangular tracts of land 9 feet by 12 feet situate in the southwe st one- quarter of the southeast one -q uarter (SW 1/4. SE 1/4) of Section 8, Tow nship 5 South, Range 68 West of the 6th Principal Meridian; together with the we ll~ thereo n, hereinafter de signated resp ec tively as Wells No. 1 and 2; the location of sa id tracts of land being more particularly described as f oll ow s : Tract No. l for Well No . l -The south 12 feet side being parallel wi t h and 414.5 feet north of the so uth line of said Section 8 and the west 9 feet end be ing parallel with and 90.5 feet east of the west line of said southeast one· quarter (SE 1/4); Together with all improvements thereon; an d Toqether wi th an easement over, across, through and under a strip of land 8 fe et in width sit uated in said sou hwest one-quarter of so utheast one-quar t er (SW 1/4, SE 1/4 ) of sa id Se cti on e, Township 5 South , Ra nge 68 West, exten di ng east from said Tract No. l to a li ne parallel with and 651 feet east c f t he we st l i ne of sa i d so uth eas t one-quarter (SE 1/4) of Secti on 8, Township 5 Snuth . Range 68 Wes t ; said strip being 4 feet on ea ch side of a line parallel ~ith and 419 feet north of the s uth line of sa id Section 8 , Towns hip 5 Sout , Range 68 ~e st; for the purpose of ~ain aining and repairing a wa er line , together with th e r ight of ingress and eg ress across sa id str i p f or s ue purposes. Tract No. 2 for ell No. 2 -Tne sou+ 9 feet end being para lel ;• a"d 80 .5 feet north of the sou h line of said Section 8 a d the we st 12 feet sid being pa ra lel wi and 4 feet ea s of t he we s t line of said sou ea t one- quarter (SE 1/4); Together with all improve~ s thereon; and Together with an ease~ t over, across, throug and unde r a strip of la d e feet in wid t h situated i s id sou ~wes one-qu arter of southeast one -qu arter (S 1/4, SE 1/4 ) of said S ction 8, Townsh p 5 South , Range 68 We s , extend ing eas from said Tract • . 2 c 1;,., para 11e1 with and 651 feet ea st of t he west line of said southeast one-Qua~ er (SE 1/4) of Section 8 , Towns ip 5 Sou h, Range 6e West; said s rip eirg 4 eet on each side of a line parallel it and 81 4 .5 fee nort o he u ~ lin of said Section 8 , Townsh ip 5 South, Range 68 West; for t~fs purpose of maintaining and repairing a wa er line , together with the right of ingress and egress across said strip fo r such purposes. • I • • • • • - UTILITY EASEMENTS FOR WATER LINES The Englewood/Centennial Partnership Ltd., a Colorado limited partnership ("Grantor"), whose legal address is 1410 Grant Street, Suite A-101, Denver, Colorado 80203, hereby acknowledge s receipt of $1.00 from the City of Englewood, a municipal corporation, ("City") whose legal address is 3400 South Elati, Englewood, Colorado 80110, i n cons i deration of which Grantor hereby grants to the City, its successors and assigns, easements to construct, operate, maintain, repair an d rep l ace water lines and all fixtures and devices, used or useful in the operation of s ai d water lines, through, ov er , under, across and along a cours e as s a id water l i nes may be hereafter constructed and replaced in t he Ci ty of Eng lew oo d, County of Arapahoe, State of Colorado, legally descr ib ed as f ollows: See Exhibit A The easements are 20 feet in width. Together wit h t he r ig t to enter upon said preffi1ses , t o survey , construct, maintain, op erate , repair, replace, con rol and use said water l i nes and re l ated fixt ure s and devices, and to re~ove o j e cts in erferinq t herew i th, i nc lud ing t he trimming of trees and bushes , and together wit the right to use so mu ch of t he adjoining premises of Gr anter durin g surveying , constru ction, ma i ntenan ce , repair , re oval , or r e pl acement of sa i d ut ility lines an d related fixtures and devices as may be required t o permit t he oper ation of standard u ility construe ion or repair machi nery . The Grantor res erves t he r ight to use and occupy the easements for any purpose consistent with t he right and privileges above granted and which wi l l not int erfere with or endan ger any of the s aid City's facilities th ere i n or use the re of . Such reservation by the Grantor shall in no event include the r i ght t o erect or cause to be erected any buildings or structures upon the ea s em ents grante d or Attachm n 2 • I • n • • • • to locate any mob i le home trailer un i ts thereon. Jn case of the permanent aoandonment of the easements all right, privilege and interest granted shall terminate. Granter warrants and represents that Granter is the Fee Simple owner of the easement property and that Grantor has full right, title, and authority, and that this grant is effective to grant and convey to grantee the utility easement. Granter further covenants and agrees to indemnify, defend and hold Gr ant ee harmless fror.: and against any adverse claim to the title of the easement property by all and every person or persons lawfully claiming or t o claim the whcle or any part therof. The work of installing and ma intaining said lines and related f ixtures and devices shall be done with care; the surface along the easeme nts sha ll be restored substantially to its ori gi nal level and condition. Signed this ____ day of ______________ _ 19 WITNESSES: GRAHTOR : Englewood/C enten ni al Partnersh ip, Ltd. By: Bruce F. Heitler, General Partner of Jethro Partners, 19 83 • I . (1 • STAT~ or COLORADO CITY AND CO UNTY OF DENVER SS. • • • The foregoing in s trument was ac knowledged before me this day of • 19 by BRUCE F. HEITLER. general partner of Jethr o Partners, 1983, general partner-or-Englewood/Centennial Partnership, Ltd. My commission expires ~~~~~~~~~~~~~~~~~~~ Wit ness my hand and official seal. Notary Public I • • (1 • [XHlf 11 A T ('I • • - l!T ILITY E•S[l1ft;rs rl•f< 11'•1[R Lltff S • ) I . • (I r • • - LEGA !.. DES CRIPTION -WATER LINE: EASEMENT DECEMBER )7, )981, CENTUMAL SH:>PPING CENTE I JO!l 8022 PN;[ 2 OF 2 h 20.0[l FOOT WIDE l'O~-EX C LUS!VE Wl>.TEr. LI NE EASEMENT OVER M-0 A:Ross A PORTH:t• Oi THE WEST til>.LF OF THE SOUTH'h'!:ST QJARTER OF THE SOUT HEAST ~ARTER OF SECTION &, TQ\.-"JSH!P 5 SOUTH, ~E 68 WEST OF THE SIXTH PRINCIPAL MERIDJAli , CITY OF ENG LEhOOO, COUNTY OF ARAPAKJE, STATE OF COLORADO , Bflt.K; 10.0J FE[T W EACH SIDE OF THE HEREON DES CRIBED CENTERL!N:::: BASIS OF BEARING : WEST LINE OF THE SOUT HEAST {)JARTE R OF SE CT IO-. E', T~~SHIP 5 Soun-t, ~!': 68 WEST OF THE SIXTH PRINCIPAL 1-'ERIDIAN, B C I~ Cet-lSIDERED N:J0°00 '00"E C°""1CNCING AT THE SOUTH QUARTE R CORNER OF SAID SE CT ION 8; THDV:E N):J"OJ 'OO "E Al-D ALONG THE WEST LINE OF THE SOU THEAST {)JAATER OF SAID SE CT!() 8 A DISlAN:E OF 95:-:S .23 FEET; TH Et E N:<9°t,G•3J "E A DISTANCE OF 5'.:.00 FEET TO A POllH ()'~ TH E EA 5T RIGJ.iT-OF-WA Y LIN!': OF 50\JTH FEDERAL BOULEVAP.D; THE N:E ~9°1,(;•3J 11 E A DISTANCE o r-60(),25 FEE T; TH rN:E 5 00°(1:,'13"E h DISTMC E OF 1 0.a F!:El 10 Tt-£ POWT OF B:O:Glf'IJING; TH CN::E s• 9°4G • .::]"WA DISTAl~:E OF 47l.2j FEET; Trl E:.t<_f SCll 0 1)'29"E A D 1 5TAl~:E OF 8 .r:• FEEl; THEN E S ~'/0 1" '24 "£ A DIS TA.'·L E OF 2 0~.£.2 FEET; lr£NCE s .. ·-·oo ·o~"',,. Dl5TA.l'LE OF 1G5.:;:· FEET; Trl:.N :E s ~:;0 1,::·s?.)"lol' A DISlAW f or 2 7 .0 '1 FEET TO A IN T ON TH [ Et.ST RJG•n-oF-W:.,y LIN[ OF SOJTH FEDERh:.. BOULEVAA D SAI D POINT BEH~~ TH[ POIN T OF TERM! 'll.JS FR \ \oti Er -E TH E SOUTH QUAR TER CORNER OF SAID SfCTI • 8 BEAAS S :J5"0['2]"1'1' A DJS TA1~:E OF :,C .E ~ FE ET. THE A.BOVE EASEMENT I s BASED UPO' A BOlN>ARY SUR EY A!'{) Jl-\P;mvEMCNr SURVEY ()() C" BY VTN COLORADO, INC ., E l~ERS ~ SUR VEYORS JOB t{). 2?20-0:J~ DAT ED FEBRUAC'Y l, 19 3~ Al'D A 5 URVEY OO>I _ BY MS"1/SP GROUP BOi.WAAY SURVEY CE.NT o-t !AL SHOPP!~ CENTER JOB NJ . 5123501 REVIS!()~ DATE MAR CH 15, 19t 3. LEGA L DES CRIPTJOq CERTlflCATf TI-if STATE OF COLOR.A'X>, DO EL I EF, IS CORRECT. • I • • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DAT EJanuary 15, 1985 AGENDA ITEM SUBJECT Ventilation System Improvements for the Cornell and Pennsylvania Pumo Station JI e., INITIATED BY Englewppd Water a nd Sewe r Boa r d ACTION ~ROPOSED~~~-C _ou_n_c_i_l _a~p~p_r_o_va_l~o_f_t_h_e~c-on_t_r_a_c_t _t_o~D_en_v_e_r~H -ea_t_i_n~g ~~~ and Air Conditioning for the Cornell and Pennsylvania • Pump Station BACKGROUND The existing axial fan has a high noise output and numerous complaints were received from the surrounding residential community. The arrangement of the existing ventilation system also caused short circuiting of air flows from the air intake at the northwest corner of the building to the exhaust fan at the southwest c orner. This results in the main building air flow not passing over the pumps and may have long term undesirable effects on the equ i pment. COM reco11111ended updating the centrifugal fan and installing ductwork and s upports to redirect the a i rf l ow over the pump motors. This pump station is needed to be on line for the su 11111er high water usage for the northea s t section of Englewo od. FIN ANC IAL DETAILS COM recei ved t wo pr oposals for the ventilating equipmen t r epl ace ment . Low bidder f or th e project is Denver Heating an d Air Co ndi t io ning with a bid amou nt of $6 ,024.13. COM rec011111ends awarding the co nt ract t o this firm. RECO MM ENDATION Counci l appro ve the contract to Den ver He ating and Air C ond iti.~ for the Cornell and Pennsylvania Pump Station i n th e amoun t o f~ • I • • I • CDM •nvlf'Dnmenr1l engineers. ac•nt1sts, planners. & m1.nepement consultants January 2, 1985 Mr. Stu Fonda City of Englewood 3400 S. Elati St. Englewood, CO 80110 Dear Stu : • • - CAMP DRESSER & M c KEE INC. R1verpo1nt 2300 151h S1 ree1. Suhe 400 0e,,.....,, C<Morado 80202 303 458-1311 Corne~l Avenue and Pennsylvania St. Pump Station Ventilating Equipment Replace111ent Reconnendation of Award of Contract COM 710-132-CG-NOIS Proposals for the ventilating equiJ>11ent replacement in the pumping station at Cornell Avenue and Pennsylvania Street were received in our office on De cember 12, 1984 . A total of two (Z) bids were received . Low bidde r for this project is Denver Heating and Ai r Cond i tioning, 235 0 S. Jason St., Denver, CO 80223, wi th a bid amount of $6,024.1 3. We recommend that Denver Heat i ng and Ai r Cond i tioning be awarded the co nt r act to construc t the vent i lation equ i pment replacement and that the alternative to use the existing fan Motor not be accepted. Please feel free to call i f you have any quest i ons regard i ng our recommendation . Sincerely , CAMP DRESSER & McKEE I NC • ._;.../ :r--'-- Wayne T. Fisher Senior Vice President WTF/rrrn Attachments: Proposal -Denver Heating and Air Conditioning Proposal -Walrath Heating and Air Conditioning I • • • • • 1 1 Page s of l Page No I" rn.pnsa "\ (a:NVD;> t11:"-TIN(; & AllJ CVNUTIVNIN(;) 2350 S. Jason Street Denver, CO 80223 937·9402 PROPOSAL sue .. orrco To <.;amp Dresser & McKee, Inc . PHOHC I""" William J. O'Donnell, Jr., P.E . December 12 1984 STR((T JOtl NAM( 2300 -15th Street, Suite 400 Ventilating Equipment Replacement in CITY, STATE ANO ZIP CODE JOB LOCATI~ Pumping :station Denver, Colorado 80202 Cornell Ave. and Pennsylvania St. ARCHITCCl I DATE Of PLANS I JOB PHQN[ We hereby wbm1t spec 1t 1cat1ons and estimates tor After careful review of plans and specs, we are pleased to of fer the following: -Remove existing brick to make opening square . -Furnish, install and test new : -In-line centrifugal fan and supports. -Ductwork and supports . -Thermostat and necessary wiring. IC -Gravity dampners . 0 -Minor excavation as hangers require. -Work to start on or about February 15, 1985, and be completed in time as allowed. -Starting date variable upon submittal approval and fan delivery. Deduct : $185.00 with use of existing motor. •r Jroposr hereby to furnish material and labor -complete on accordance woth above spec1!1 catoons . for the sum of. Six thousand, twenty-four and 13/100 ------------------dollars($ 6,024.13 ) I Payment to bt> made as ro110._., Performance draw ; remainder upon completion. All m •ten e l .. 1uar•nt*flf to be ., •p.c:1f1<ed All wor k to tM-comple1 ~ '" • wor ~m •nl•'• A~hM ·•Od r Ji_! & i "'•nn.r uc0f'd1,.1 to •t•noaro otmKu Any a tter at•Ofll or o.-.,1ation fro,., attov. IJ>K.•f1ca ( ons 1n~1n1 elf1 ra cottl w rll be .. ec:uted only upon wrftl._n orde1• and ••II beeome an S•&n ature ~" " ~ 11.c-Mt't° •t r• cf\•11• 0"'*' •nd •bo v-e the ••\!m•t• All •111reme ntt. conl•rti•nt uPOn •tt1k•• acct(f•mh °' d•••1' Mrono our conuot Own•, 10 carry tire to rn•do •"O otne' nec-•n•ry un~H•f'>C • te l his proposal may be Out woo.en ere full)' co.-r.d bJ' Wor'fT'l•n a Compen w toori ln•ural'te w ithdrawn by u s 1f not Kcepted w it hin do I • • ""' ~ r Atttplantt Of JtPJIP&al -The above pnce•. spoc1t.ca11on• " •nd cond1t1on1 ., .. 11t11factory and 1rt1: he reby accepted You are autho111ed S1cn1ture to dt> t he w.iork. 1" ipt""•f•ed Pt'(ment wilt be m1dt IS outlined abov c;'""'•ure --·· . - • • - ( • C 0 U N C I L DATE January 16, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM /It ., SUBJECT Gra nt of Sewer Line Easement for W. Union Avenue and South Santa Fe INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED~~~C~o~u~n~c~il"'-"a~p~p ~ro~v~a~l-=-o~f~t~h~e-=-ea~s~e~m~e~nt~s:......:s~u~bm~1~·t~t~e~d~b~y~~~~~ Public Service Company of Colorado for property located at Union Avenue and Santa Fe BACKGROUND Public Service Company of Colorado wish to obtain a sewer line easement through their property for constructing, operati ng, maintaining, repairing, replacing, removing and enlarging the sewer lines. The developers of the Dyer-Hamberg property wish to install a sewer line to be dedicated to the City of Englewood as a public sewer main , since the City requires all public sewer mains to be in a dedicated riqht-of- way or an easement. The land surrounding the propert y is also in Englewood, but sanitary sewer is not currently available. The easements will insure access of adjacent properties to the sewer main. FINANCIAL DETAILS None. RECO MMENDATION Council approval of the easement submitted by the Public Service Company of Colorado for the property located at Union Avenue and Santa Fe. • () I • • ( • • • • BY A!JI'HORITY ORDINAN.'.:E ID. SERIES OF i9s·-=5 __ _ A BILL FOR AN ORDINAN.'.:E APPROVING GRAN!' OF SlliERLINE EASFMENI' BY l'UBLIC SERVICE C<l1PANY OF COLORADO TO CITY OF ~ 00 REAL PROPERTY LOCATED AT W. WION AVE. AND S. SANI'A FE DRIVE, ENQ.D-1000, COLORADO. WHEREAS, the developers of property at w. Union Avenue and South Santa Fe Drive wish to install a sewerline on the property owned by Public Service Chnpany of COlorado; and WHEREAS, the property owner des i res to grant a sewerline easement to the City of Englewood for the purpose of constructing, operating, maintaining, repairing, replacing, ranoving and enlarging the lines and appurtances; t™, THEREFORE, BE IT OROl'\INED BY THE CITY OF ENGLD-1000, COLORADO, AS FOinMS: . Section 1. City council hereby approves the Grant of Sewer- line Easenent by Public Service CDnpany of COlorado in favor of the City of Englewood, COlorado, a copy of said Grant of Sewerline Easement is attached hereto as 1\ppendix 1 and incorporated herein by reference. Section 2. City Council hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said Grant of Sewer line Easenent on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of January, 1985. Published as a Bill for an Ordinance on the 23rd day of January, 1985. Attest: Eugene L. Otis, Mayor ex officio C1ty Clerk-Treasurer • I • - ( ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fhglewood, Color~o, hereby certify that the above am foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, ·read in full, and passed on first reading on the 21st day of January, 1985. Gary R. Higbee ( l I • • ( • • - GRANT OF SEWERLINE EASEMENT THIS GRANT of a sewerline easement this "Grant") is made this day of , 1985 by PUBLIC SERVICE COMPANY OF COLORADO ("Granter") whose address is 550 15th Street, Denver, Colorado 80202, in favor of the CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood, co 80110. The parties covenant and agree as follows: 1. Easement Proeerty. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Attachment A, incorporated herein by reference. 2. Consideration. As consideration for this Grant, Grantee has paid Granter the sum of One Dollar ($1 .00 ) and other good and valuable cons i deration, the receipt of which is hereby acknowledged by Granter. 3. Grant of Easement. Granter hereby grants to Grantee, its successors and assigns, perpetual, nonexclusive easement (the "Sewer Easement") over, under, across and through th e Easement Property for the purpose of constructing , operating, maintaining, repairing , replacing, removing and enlarging the "Lines and Appurtenances", as hereinafter def in ed. The "Lin es and Appu rtenances" s hall mean one or mor e water or sewer pipelines and all necessary underground and surface appurtenances thereto neces sar y or desirable for the transmission of was tewater , including, but not limited to, mains, conduits, vaults, manholes, or oth er facilities as required. 4. Access. Grantee shall have the petpetual, no nexclusive 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. No Improveme nts. Grantor covenants and agrees n o t to construct, erect, place or plan any "Improvements", as hereinafter defined, on the Easement Property wi thout obtaining the prior written consent of Grantee. "Improvements" shall mean any structure or building. Grantee shall have the right to remove, without any liability to Granter , any improvements constructed , erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. Appen d ix 1 • I • • • • • • • 6. Subjacent and Lateral Support. Granter 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. 7. Rights of Granter. Granter 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. B. Warranty of Title. Granter warrants and represents that Granter is the fee simple owner of the Easement Property and that Granter has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the Sewer and Water Line Easement. Granter further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 9. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Sewerline Easement the day and year first above written. Attest: Title: STATE OF COLORADO COUNTY OF ARAPAHOE SS. Acknowledged before me this as of PUBLIC SERVICE COMPANY OF COLORADO. My Commission expires: 2 GRANTOR: PUBLIC SERVICE COMPANY OF COLORADO Title: day Of r 19 ~~~~~~-and ~ Notary Publ1c Address: • I • • • • • • Attest: Gary R. Higbee, ex off1c10 City Clerk-Treasurer STATE OF COLORADO COUNTY OF ARAPAHOE ss. • • • GRANTEE: CITY OF ENGLEWOOD, COLORADO By~-=-~~--::---=-.-~~~~ Eugene L. Otis, Mayor Acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Gary R. Higbee as ex officio CitY-- Clerk-Treasurer of the City of Englewood. Hy Commission expires: Notary Public 3400 S. Elati, Englewood, CO 3 • I • • • • • • • • A ~(I rno1· liA s t:~11iN 'J' FOR UTILITY PUllPOSES MOH R PAllTI CllL ARL Y DE SClllBHD AS t'Ol.LOWS : CO MM HNC JNG AT THE WEST ON E-OUARTER CON NER OF SECTION 9, TOWNSHIP 5 SOUTIJ, kAN Cli llll WEST or TIJ£ S IXTH PR IN CIP AL MERIDI AN , CITY 01' HNGLC WOU(I, COU NTY OF ARAPAHO E, ST ATE or COLOR ADO ; THKNCE s ll90 56' 00 " E ALON G THE SOUTH LIN/l 01' Tl!£ NORTHWEST ONE -OUAHTBR OF SAID SHCTION ~. A DISTANCE or ll67 .00 FEET TO TIJF. WEST LINH or TH AT PAR CEL DKSClllU£o IN UOO K 3107, PACE 580 ; THEN CE N 00 ° 01' oo· ll ALON G THE WKST LIN K or SAID PARCEL A DISTANCE or 144.26 FEET TO THK TR Ull POINT 0 1' h£(;JNN!NC ; Tll HNCi; N :11 • :!U' !i6" w, A DI ST ANC H or 95 .95 FKt:T; TH F.NC£ N UO• 35 1 011 " w, A DI STANCH or 6.05 FllKT ; THKN Ct; N o~o 2 4' 5:l" £, A DJ STAN CH or 20.00 Fl!ET ; Tll F.NC E s 80° 3~' 08" R' A DI STANCE or 13.95 FEET ; TIJHN C!i s 3 7 ° 2H' !iti" E , A DISTANCJ; or 77.78 l'HT TO TIJR WEST L.IN6 OF S AID PARCH ; TllRN Ct: s 00 ° OJ, UO " w1:s 1· ALONG Tiii! NF.ST LINR or SAID PARCEi., A DISTANCE Ot' 32 . !15 FEET TO TJJJl TRUE POINT or H£CINN!NG ; CONTAINING 0 . 011 r. ACll KS , MOJll( 011 Lt:ss . • I • • • - • • f , ·-- • Ptt'i , f\I . ',,,,,,, •/ '"'" "'· • w. ~ C<. ,,, . r, Tl(h/ j • I • • r~l.MAAK I ASSOC IATES,INC tteu ... -c..e c .. 1 .. .. -"° .. I C Ult)fJ,fl lll' (M~l lllt•S ... _ O.tf I MD l600 50 TO~flll l T(, ~111 T£ G 1 .... -·· I a.tt •· .1 r,+1 .1,.,,.,. .. 1,r.,ui-e r in •M • · 1 \,j ••• .... ' , ••• 1 t • ...... &. .. ,, • • - - f • • • , • C 0 U N C I L DATE January 16, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT J/4 .J Grant of Sewer Line Easement for W. Union Avenue and South Santa Fe . INITIATED BY ~~~--'E~n~aul~enwo~o~d......aW~a~te~r'-"a~n~d~SQe~w~e~r~B~o~a~r~d~~~~~~~~~~~ ACTION PROPOSED~~~C_o_u_n_c_il~a_p_p_ro_v_a_l~of~t_h_e_e_a_s_e_m_e _nt~_s_u _bm_i_·t_t_e_d_b_y~~~~~ E.S .P . Investments for property located at Union Avenue and Santa Fe BACKGROUND E.S.P. Investments wish to obtain a sewer line easement through their property for constructing, operating, maintaining, repairing, replacing, removing and enlarging the water and sewer lines . The developers of the Dyer-Hamberg property wish to install a sewer line to be dedicated to the City of Englewood as a public sewer main, since the City requires all public sewer mains to be in a dedicated right-of- way or an easement . The land surrounding the property is also in Enqlewood, but sanitary sewer is not currently available. The easement will insure access of adjacent properties to the sewer main. FINANCIAL DE TAILS None. RECOMMENDATION Council approval of the easements submitted by E.S .P. Investments for the property located at Union Avenue and Santa Fe. • I • • • (( • • • • ORDINAOCE 00. SERIE.S CF 198"""5 __ _ BY AlJI'HORITY A BILL FOR COUOCIL BILL 00. 10 INTROOOCID BY COOOCIL MEMBER '::D.LY < AN ORDINA?CE APPRO\TING GRAN!' CF ~INE EASflimI' BY E.S.P. INVE.S'IMl'Nl'S TO CITY OF ENZ.~ ON RFAL PROPERTY LOCATED AT W. ~ION AVE. AND S. SIUII'A FE DRIVE IN ENGL~OOO, COLORADO. WHERFAS, the developers of property at W. union Avenue and South Santa Fe Drive wish to install a sewerline on the property owned by E.S.P. Investments; and WHEREAS, the property owner desires to grant a sewerline easement to the City of Englewood for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging the lines and appurtances; ~, 'mEREFORE, BE IT ORD.\INED BY THE CITY CF ~~000, COLORADO, AS FOILCMS: Section 1. City Council hereby approves the Grant of Sewer- line Easenent bY E.S.P. Investments in favor of the City of E1l91ewooa, Colorado, a copy of said Grant of Sewerline Easanent is attached hereto as Appendix 1 and incorporated herein by reference. Section 2. City Council hereby authori:res the Mayor and ex officio City Clerk-Treasurer to sign and attest said Grant of Sewer line Easanent on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first read ing on the 21st day of January, 1985. Publ ished as a Bill for an Ordinance on the 23rd day of January, 1985 • Attest: Eugene L. Otis, Mayor ex officio city Clerk-Treasurer • I • lf ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fnglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of January, 1985. Gary R. Higbee r I • l • • , ( • • - GRANT OF SEWERLINE EASEMENT THIS GRANT of a sewerline easement this "Grant") is made this day of , 1985 by E.S.P. INVESTMENTS ("Grantor") whose address is 2000 W. Union Avenue, Englewood, Colorado, in favor of the CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood, CO 80110. The parties covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the 30-foot of real property located in the County of Arapahoe, State of Colorado, more particularly described on Attachment A, which is incorporated herein by reference. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, perpetual, nonexclusive easement (the "Sewer Easement") over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging the "Lines and Appurtenances", as hereinafter defined. The "Lines and Appurtenances" shall mean one or more water or sewer pipelines and all necessary underground and surface appurtenances thereto necessary or des ir able for the tra nsmission of wastewater , including, but not limited to, mains, conduits, vaults, manholes, or other fa cilitie s as requ ired. 4. Access. Gr antee shall have the perpetual, nonexclus i ve 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. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on the Easement Proper ty without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure or building. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor . Appendix 1 • I • • • • • • 6. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. ( • 7. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Easemen t Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and author i ty, and that this Grant i s effective to grant and convey to Grantee the Sewer and Water Line Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and aga i nst any adverse claim to the title of the Easement Property b y all and every person or persons lawfully claiming or to claim the whole or any part thereof. 9. Binding Effect. This Grant shall extend to and b e b ind i ng upon the heirs, personal representat i ves, successors and ass i gns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Sewerline Easement the day and year first abov e wr itten. Attest: T itle : STATE OF COL ORA DO COUNTY OF ARAPAHOE ss. Ackno wl e dged before me this by as --------------as of 1 9 50 Co r po ration. My Commission e xpires: 2 GRANTOR: E.S.P. INVESTMENTS Titl e : day of -------~n~9- Notary Pub lic Address : • I • • - • • • • ' • Attest: Gary R. Higbee, ex officio City Clerk-Treasurer STATE OF COLORADO COUNTY OF ARAPAHOE ss. • • • GRANTEE: CITY OF ENGLEWOOD, COLORADO By~=-:-=-::-=-::-;~-=---.-::,---=-~-Eug en e L. Otis, Mayor Acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Gary R. Higbee as ex officio CitY-- Clerk-Treasurer of the City of Englewood. My Commission expires: Notary Public 3400 S. Elati, Englewood, CO 3 • I • • f I • • • • A ~(I fOOT EASEMENT FOR UTILITY PUUPOSES MORE PAllTICllLARLY DESCHIBEU AS FOLLOW S: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 9, TOWNSHIP 5 SOUTH, HANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF EN<;LEWOOll, COUNTY OF Al!APAHOE, STATE OF COLORADO; THENCE S u90 56' OU" E ALONG THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION !I, A lllSTANCll OF l,OHl.00 n :RT TO THF. •:AST I.INF. o•· THAT PAHCEI . llE SC llllll.;!I IN llOOK :11126, PA<iE 11 :11 ;; 'l'llENCE N 00 '' 01' 00" ~;Al.ONG THE EAST l.IN E OF SAllJ PAHCKL A UIS TANCJ; OF 5.35 FKMT TO THE TRUK POINT o•· BEGINNING ; TllENC•: N 117 0 09' 44" W, A DISTANCE OF 107.13 FEET TO THE WKST LINE o~· SA 111 l'AllCE I.; Tll•:Nt:I•: N 00 ° 01' 00" K ALONG Tllli WEST I.INK o•· SAID l'AHCliL, A DISTANCK OF :10. 0'1 HET ; THENCE S tt7° O~' 44" E, A DISTANCE OF 107.13 FEET TO THB EAST 1.lNB OF SAi D PARCH; THENCE S 00° 01' 00" W ALONG THE EAST LINB OF SAID PARCEL, A DISTANCE OF 30.04 FEET TO THE TRUE POINT OF BEGINNING ; CONTAINING 0.0738 ACRBS MOUE OH Ll\SS. I • • • - • • ~ 87:._2~· o·t. r~~~~F_dj~~5~~~~~~:::~ -f ~""-'"-----'--- ···J r1duo1 .. #.W~,5cc 1 • 1,,.,, "' (0111.tll 1'rr h11 "'r ~-·. ~· 1011~· W ~ {w "' • .,,, ~1 /If/A/ i • I • • HALLMARK a ASSOCIATES, INC . ,,... -• ~';'m' · 1 .. ,. ,.,. "° CO*f"' ri• CMl l #lt Ill ~-------+----";....._-~=----..! )600 SO 'IOShllT(, SU IT[ G 1 / .. ., OAff llMO .__;.__;.;_;;..;.u._ ___ ~ • • • ' • C 0 U N C I L DATE January 15, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM //It_ SUBJECT Grant of Sewer and Water Line Easement for W. Union Ave. and INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED~~~c_o_u_n_c_i_l_a_p_p_r_ov_a_l~o_f_t_h_e~ea_s_e_m_e_n_ts~s_u_bm~it_t_e_d__;by~~~~~ 1950 Corp. for property located at Union Avenue and Santa Fe BACKGROUND 1950 Corporation wish to obtain water and sewer line easements through their property for constructing, operating, maintaining, repairing, replacing, removing and enlarging the water and sewer lines . The developers of the Dyer-Hamberg property wish to install a sewer line to be ded icated to the City of Englewood as a public sewer main, since the City requires all public sewer mains to be in a dedicated right-of- way or an easement. The land surrounding the property is also in Englewood, but sanitary sewer is not currently available. The easements will insure access of adjacent properties to the sewer main. FINANCIAL DETAILS None. RECOMMENDATION Council approval of the easements submitted by 1950 Corp. for the property located at Union Avenue and Santa Fe . I . • r • • • • BY MJTHORITY OROINAOCE 00. SERIF.s OF 190·-=5 __ _ A BILL FOR COUNCIL BILL NO. 9 INTRODOC;a~y COUNCIL MEMBER 1 Ro AN ORDINAOCE APPROVING GRAN!' CF S&IBR AND WATER LINE EAS™FNI'S BY 1950 CORPORATION, IOC., 'IQ CITY OF EN:>L&lOOO AT W. WION AVE. AND S. SANTA FE DRIVE, m>LniOOD, COLORADO. WHERFAS, the developers of property at w. Union Avenue and South Santa Fe Drive wish to install a sewerline and waterline in the property owned by 1950 Corporation, Inc.; and WHEREAS, the property owner desires to grant two sewerline easements and one waterline easement to the City of Englewood for the purpose of constructing, operating, maintaining, repairing, replacing, ranoving and enlarging the lines and appurtances; NGJ, 'niEREFORE, BE IT ORDAINED BY THE CITY OF ENGLniOOD, COLORADO, 1\S FOLLCMS: Section 1. City Council hereby approves the Grant of Sewer and Water Line Easements by 1950 Corporation, Inc., a Colorado corporation, in favor of the City of Englewood, Colorado, a copy of said Grant of Sewer and water Line Easements is attached hereto and incorporate1 herein by reference. Section 2. City Council hereby authorizes the M:iyor and ex officio City Clerk-Treasurer to sign and attest said Grant of Sewer and Water Line Easements on behalf of the City Council and the City of Englewood. Introduce1, read in full, and passe1 on first reading on the 21st day of January, 1985. Published as a Bill for an Ordinance on the 23rd day of January, 1985. Attest: Eugene L. otis, Mayor ex officio City Clerk-Treasurer I • - ~I • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Color~o, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an ordinance, introduc:e:I, re~ in full, and passed on first r~ing on the 21st day of January, 1985. Gary R. Higbee • f I . • • • • GRANT OF SEWER AND WATER LINE EASEMENT THIS GRANT of a sewer and water line easement this "Grant") is made this ~~-day of , 1985 by 1950 CORPORATION, INC., a Colorado corporation, ("Grantor") whose address is 3253 So. Santa Fe Drive, Englewood, Colorado 80110, in favor of the CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood, co 80110. The parties covenant and agree as follows: 1. Easement Progert~. The "Easement Pr o perty" shall mean the real property located in t e County of Arapahoe, State of Colorado, more particularly described on Attachments 1, 2 and 3, incorporated herein and made a part hereof by reference. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3. Grant of Easements. A. Grant of Sewer Easements. Grantor hereby grants to Grantee , its successors and assigns , perpetual, nonexclusive easements (the "Sewer Easement") over, under , across and through the Easement Property for the purpose of constructing, operating , maintaining, repairing, replacing, removing and enlarging the "Lines and Appurtenances", as hereinafter defined . The "Lines and Appurtenances" shall mean one or more water or sewer pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of wastewater, including, but not limited to, mains, conduits, vaults, manholes, or other facilities as required. The Easement Property consists of two sewer line easements legally described on Attachments 1 and 2, which are incorporated herein by reference. B. Grant of Water Line Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement (the "Water Line Easement") over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging the "Lines and Appurtenances" as hereinafter defined. The "Lines and Appurtenances" shall mean one or more water pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of 1 Appendix 1 • I • • • • • • water, including, but not limited to, mains, conduits, valves, vaults, ventilators, electric or other control systems, cables, wires, and connections. The Easement Property for the water line easement is described in Attachment 3, which is incorporated herein by reference. 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. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure or building. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 6. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 7. 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. 8. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the Sewer and Water Line Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 9. 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. 2 • I • • ......... 'I • • • - IN WITNESS WHEREOF, the parties hereto have executed this Grant of Sewer and Water Line Easement the day and year first above written. GRANTOR: 1950 COMPANY, INC., a Colorado corporation, Attest: Title: Title: STATE OF COLORADO COUNTY OF ARAPAHOE ss. Acknowledged before me this day of 19 by ~~~~~~~~~~~~~as ~~~~~~~~~~-::._-=_-=_-_-=_-=_-=_-=_-=_-=_-:_~~nd ~ as of 1950 COMPANY, INC., a Colorado corportion. Hy Commission expires: Attest: Gary R. Higbee, ex officio City Clerk-Treasurer STATE OF COLORADO COUNTY OF ARAPAHOE ss. Notary Public Address: GRANTEE: CITY OF ENGLEWOOD, COLORADO By~-:::---:--:-=--:-:;--""""',....,.-:---:7'~~ Eugene L. Otis, Mayor Acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Gary R. Higbee as ex officio Cit~ Clerk-Treasurer of the City of Englewood. Hy Commission expires: Notary Public 3 • I • • • • • • A ~O FOOT EA~;EMENT ~'OH IJTlLITY l'llllPOSES LYING 10.00 FllllT ON EACH SlDF. OF 1'11E fOl.1.0WING llllSCRlllED Cl>N1'1illl.!NE : COMMENCING AT TllF. WEST ONE -QUARTllR CORNEH OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOU, COUNTY or ARAPAHOE, STATll or COLORAIJO ; THENCE s 990 56' 00" E ALONG THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION '.I, A DISTANCE o•· 1,478.50 ··i::i,;·r; THENCE N 00° 01' 00" B, A DISTANCE or 10 .00 FEET TO THE TRUE POINT or BliGINNlNG ; TllliNCE s 119° 5ti' 00" R, A DISTANCE or 237 .6 8 FHl<T 1'0 THI! EAST LINE or THAT l'AllCllL DllSCRlllED lN A DHO RECORDl::D IN BOOK 3455 AT PAGE 23 or TllE AllAl'AHOE COUNTY, COl.OHADO CLEll K ANO lll::COllllllR'S on·1cE ; CONTAINING u. Io~ ACllES. MORE OH nss. AttachMent l • I • • - • (I • • • • ~ -~ ¥ ~ ~ "' • I.. \ ~ MAL.L.MMK a ASSOCIATES,IMC . ·---:;o-/ .... ,-"° COllll"' fllM C .. 11111 •I l600 SO YOKM1T(, SUtT( G·I O(Nll(ll, COlC)llAOO 1 02'7 I \ol \i 77 •1 b'IO I .... .... .-. • I .... JOA" llMO "'"i w/'1 /,,.11.u , •. r. () .. -··---· \(At..l 1 -..lr ... tta,.-.. 1116 .0 --- • I • • n - • f I • • • • A :w f'()()'J' l·:ASEMl ·:NT FOii UTJl .!'l'Y ]'Ulll'OSKS LYINU l!i .00 nn,;r ON RACH SIDI! lJF 'I'll!\ ~'!JI .I.OWING Ul!SCllllll!D CllNTl!Hl.lNli : COMMENCING AT THE Wl!ST ONl!-QUAHTEll CONNEii OF SECTION 9, TOWNSHIP 5 SOUTH, llANGll 61! WEST OF TllE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLkWOOO, COUNTY OF AllAPAHOB, STATF. OF COLOHAOO; THENCE S 990 56' OU" I! ALONG THE SOUTH LINE OV THE NOllTHWEST ONE-QUARTHH OF SAID SECTION Y, A DISTANCB OF l,OllJ .00 FEET; THENCB N ooo 01' oo• B, A U!STANCE OF 15 .00 FEET TO THE TRUE POINT OF BEGINNING; THENCE s tt9° 56' oo· E, A UISTANCE OF 372.50 FEET; ACHES, MOHK OR LESS . Attachncnt 2 • CONTAINING 0.257 I • • , f I • • • • 11M..L.MAAK a ASSOCIATE~,I~. CUlll SllH IH Cll.,1111111 l600 SO VOIUtl TE , SU IT[ G·I DEN¥C•, COLOltAOO I02)7 ·--- ~ .. , •• -. • I .... I°"'' lltull); .. ':w /'l l.•11 ·"4 l~l.l '•• / ... ,, -... (f t,IAMtl ll6M> • I • (j • • • • A ~r. F<iO'I' ~:ASEMENT rnn UTILl'l'Y l'Ulll'OSllS LYING l:!.50 HET ON EACH SIDI:: or TllE •"Ol.LOWING DESCRIBED CEN'l'llllLlNI::: CO MME Nt: I NG A 'I' 1'1H: WEST ONE OllAll 'l'E II COHN•:R or SECT l ON 9. 1'0WNSH r p 5 !>OU'l'll, llANCE IHJ WEST OF TUil SIXTH PHINCIPAL MllHIDIAN , Cl1'Y OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLOHAOO; THBNCE S HU D 5b' 00" ll Al.ONG THB SOUTH LINE OF Tm: NORTHWllST ONE -QUARTER o•· SAID SECTION U, A DISTANCE OF 1,466.00 FEET TO THll TRUE POINT OF BEGINNING ; THENCE N 00° 01' 00" I!, A DISTANCE or TllENCE N ~6 ° OI' 00" E, A DISTANCE or TllENC.E N OO ·• 0 l' 00" E, A U lSTANC•: OF S OUTH lllGJl'J' O•'-·WAY LlNll O•' WHS1' UNION MOH E OU LliSS . Attachn nt 3 lJ0 .67 HKT ; 54.16 n:MT; l7J .OO FEET TO A POINT ON THE AVENUll; CONTAINING 0 .205 AC RK S, • I . _.., - n • • • • I ---. ~1 \:i . ' ... 'i 'I HALLMARK a A$SOCIATES.INC. ·-----· .. t:UllSIN. TIH Cllf/1111 Ill '600 SO 'l'OKW IT(, Su 1T£ Ci ·I =7..,iM !,, ~::H:.--• / """ DAU llMD> • I • • - ( ( • C 0 U N C I L DATE January 16, 1985 INITIATED BY • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT , , ,. Englewood Water and Sewer Board Grant of Sewer Line Easeme nt for W. Union Avenue and South Santa Fe. ACTION PROPOSED~~~C_o _un_c_i_l --'ap~p_r_o_v_al~o_f~t_he~e_a_se_m_e_n_t_s _s_u_b_m_i _tt_e_d--'by:;._~~~~- Jack M. Horner for property located at Union Avenue and Santa Fe BACKGROUND Jack M. Horner wishes to obtain a sewer line easement through his property for constructing, operating, maintaining, repairing, replacing, removing and enlarging the sewer lines. The developers of t he Dyer-Hamberg property wish to install a sewer line to be dedicated to the City of Englewood as a public sewer main, since the City requires all pub li c sewer ma ins to be in a dedicated right-of- way or an easement. The land surrou ndin g the property is also in Englewood, but s anitary sewer is not currently available. The easement will insure access of adjacent properties to the sewer main . FINANCIAL DETAILS None. RECOMMENDATION Council approval of the easemP.nt submitted by Jack M. Horner for the property located at Union Avenue and Santa Fe. • I • • ( ( • • • • OROINAOCE 00. BY AUTHORITY SERIES OF 199·-=5--- A BILL FOR AN ORDINAOCE APPROVING GRAN!' OF SEWERLINE F.ASEMENr BY JACK M. !i<>RNER ro CITY OF ENGL&KX>o ON REAL PROPERTY LOC:ATED AT W. UNION AVE. AND S. SANI'A FE DRIVE IN ENGLEWOOD, COLORADO. WHERF.AS, the developers of property at W. Union Avenue and South Santa Fe Drive wish to install a sewerline on the property owned by Jack M. Horner; and WHERF.AS, the property owner desires to grant a sewerline easenent to the City of Eh)lewood for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging the lines and appurtances; tn-1, 'lllEREFORE, BE IT ORIY.INED BY THE CITY OF ENGLEWOOO, COLORADO, AS E'OU.<MS: Section 1. City Council hereby approves the Grant of Sewer- line F.asement by Jack M. Horner in favor of the City of Eh)lewood, Colorado, a ropy of said Grant of Sewerline F.asenent is attached hereto as Appendix 1 and incorporated herein by reference. Section 2. City Council hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said Grant of Sewerline Easanent on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of January, 1985. Publ ished as a Bill for an Ordinance on the 23rd day of January, 1985. Attest: fugene L. Otis, Mayor ex officio City Clerk-Treasurer • I . ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Fl'lglewooa, O:>lorado, hereby certify that the above arrl foregoing is a true, accurate am canplete copy of a Bill for an Ordinance, introduced, read in full, arrl passed on first reading on the 21st day of January, 1985. Gary R. Higbee • [ [ I • • n ( • • • - a GRANT OF SEWERLINE EASEMENT THIS GRANT of a sewerline easement this "Grant") is made this day Of , 1985 by JACK M. HORNER ("Granter") whose address is P.O. Box 174, Dumont, Colorado 80436, in favor of the CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elati Street, Eng lewood, CO 80110. The parties covenant and agree as follows: 1. ~ent Propertl· The "Easement Property" shall me an the real property located in the County of Arapahoe, State of Colorado, more particularly described on Attachment A, incorporated herein by reference. 2. Cons i deration. As consideration for this Grant, Grant ee has paid Granter the sum o f One Dol lar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Granter. 3. Grant of Easement. Granter hereby grants to Grantee, its successors and assigns, perpetual, nonexclusive easement (the "Sewer Eas ement ") over, under, across and through the Easement Property for th e purpose of constructing, operating, ma i ntaining, repairing, replacing, remo ving and e nlargi ng the "L ines and Appurtenances", as hereinaft er def ined . The "Lines and Appurtenances" shall mean one or more water or sewer pipelines and all necessary underground and surface appurtenances thereto necessary or des irable for the transmission of wastewater, including , but not limited to , mains, conduits , vaults, manholes, or other facilities as required . 4. Acce ss. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Prope rty for any purpose necess ar y or desirable for the full enjoyment of the rights granted to Grantee under this Grant. S. No Improvements. Granter covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on the Easement Property without obtaining the prior wr itten consent of Grantee. "Improvements" shall mean any structure or building . Grantee shall have the right to remove, without any liabi lity to Gr anter , any improvements constructed , erected, placed or planted on the Easement Property wit hout Grantee's having obtained the prior wr itten consent of Granter. 1 • I • • ........ ( • • • • Grantor covenants and ave t e rig t of subjacent and lateral Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 7. 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. 8. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the Sewer and Water Line Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 9. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Sewerline Easement the day and year first above written. STATE OF COLORADO COUNTY OF ss. Acknowledged before me this by JACK M. HORNER. My Commission expires: 2 GRANTOR: Jack M. Horner, Owner day Of Notary Public Address: • I • ( ( • Attest: Gary R. Higbee, ex officio City Clerk-Treasurer STATE OF COLORADO COUNTY OF ARAPAHOE ss. • • • GRANTEE: CITY OF ENGLEWOOD, COLORADO By~~E~u~g~e~n~e~L.--.-,,,O~t~1-s-,-,,M~a-y-o-r~ Acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Gary R. Higbee as ex officio CitY-- Clerk-Treasurer of the C i ty of Englewood. My Commission expires: Notary Public 3400 s. Elat i , Englewood, CO 3 • I . - ( • • • • A ~u rnoT EASEME NT f'Oll UTILITY l'll lll'O SH S MOHH l'AllTICULARLY Df:SC lllllEO AS FOLLO W ~: l'O MM ENCING AT TllH WF.S T ON E QllAlln:u CORNEii Ot' St;CT ION 9, TOWNSHIP 5 SOllT ll, WANG E ~ij WEST Of T HE S IX T H PRINCIPAL MliHIDIAN, C ITY or li N<il.l·:woou, COllN'l'Y Of' AHAl'All OE, ST AT E O f' CO LOllAUO ; THENC E s 8!10 56' OU" f: Al.O NG THE SOU Tll LINE or TllE NORTHWHST ON~-OUARTER Ot' SAID SECTIO N Y, A OISTANCE OF 974.00 FEET TO THE fAST LINH Of THAT PAllCBL u•:sc111111rn IN BOOK 3 107, PAGE 51JO; THENCE N 00 ° 01' 00" E ALON G TH E EAST LINH or S AID l'AllCEL A DISTANCE or 2 0 .5 4 fliET TO THE TRUE l'OINT or BEGINNING ; THRNCE N 117 0 09' 44" W, A DISTANCE Of 12.48 FEET; THENCE N 370 28' 56" W, A DISTANCE OF 155 .29 FEET TO THK WEST LINE OF SAIU l'AHCF.I .; TllHNt:E N 00 ° 01 ' 00 " E ALONG Tll li Wf:S T I.INK Ot' SAID P ARCEL, A DISTANCE Of' :12 .115 rnET; THF.NCE s 37 0 211' 56" R, A DISTANCE or 172. 10 t'EET; THENCE s tt7• o~· 44" E, A D IST ANC E or 2.2 4 FEET TO THE EAST LINE Of SAlll l'AllCf:L ; 1'11f:NCK s D0° Of. 00" w ALONG T ll P. •:AST LIN F. or SAID PARCl!L , A DISTANC E Of ~0 .02 F EET TO THE TR UE POINT or BEG INNING ; CONTAINING 0 .078 5 AC llE S, MOUE o n LE SS. • I . • • • - t/ DO'D/'{)(>0 E. , ~2 ti~· ---- ""' '· .31(.J '/ f /1 ·'-!f.() N.W.~.-~c I ~ALLMARK a ASSOCIATES,INC CCHll>IJLfllr' Clr6 11rlflfS ~0 0 SO YOSCW ITE , Sv 1TC G 1 DOW( 11 , C01 ONlOO I Oi H ..• " .... 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