HomeMy WebLinkAbout1985-02-04 (Regular) Meeting Agenda•
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City Council Meetin g -Regular
-February 4, 1985
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
FEBRUARY 4, 1985
<J:1J>o I. Call to order.
cJtrn~••oo•<ion by R•••<•nd Food Minix, C•l••oy B•p<io< Chuooh, 1 ~. 4881 South Acoma Street.
3.
Pledge of allegiance by Boy Scout Troop #92.
4. Roll Call.
5. Minutes.
~(•) Kinu<oo of <ho <•gul•< •••<ing of J•ou•oy 21, 1985. J/,~ 6. P<o-Sohodulod Vi•i<o<o. (Pl•••• li•i< youo P<••••<•<ion 'f"'-l U to 10 minutes.)
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(a)
Mrs. Deborah Pool, School Board President, Dr. Roscoe
Davidson, Superintendent of Schools, Ms. Jeanenne
Stepleton, President of Englewood Educators, and
Ms. Eileen Marmann, Public Relations Chairman of
Englewood Educators, will be present to accept a
proclamation declaring the week of February 17-23,
1985 as Englewood Schools Week
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Other Visitors.
minutes.) (Please limit your presentation to 5
8. Communications and Proclamations.
(a)
~~ Transmittal of Library Advisory Board election of Officers for 1985.
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Page 2
February 4, 1985 Agenda
8.
Communications and Proclamations (Continued). ( rt!'
/ 9.
(b) Transmittal of the Municipal Court fourth quarter and
1984 end-of-year activity report.
Consent Agenda.
{a) Minutes of the Board of Career Service Commissioners
meeting of November 15, 1984.
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(b)
Minutes of the Planning and Zoning Commission meeting of December 18, 1984.
Ordinance on final reading approving easements along
the South Platte River near Union Avenue to the
Colorado Water Conservation Board for the River
Rechannelization Project.
Ordinance on final reading repealing Ordinance No. 12,
Series of 1982, which established a Mutual Aid Agree-men t for Police Services.
Ordinance on final reading approving the utility
easements exchange between the City of Englewood
and Centennial Partnership, Ltd., for the Centennial
Shoppin Center loc ated at Federal and Belleview.
Ordinance on final reading approving utility easements
fro• th 1950 Corporation for property located at
Union Avenu and South Santa Fe.
Ordinance on f 1nal reading approving utility easements
fro• E. S. P. lnveat•ents for property located at
Union Avenu and South Santa Fe.
Ordinance on final reading approving utility easements
from Public Service Co•pany for property l ocated at
Union Avenue and South Santa Fe.
Ordinance on final reading approving utility easements
from Jack H. Horner for property located at Union
Avenue and South Santa Fe.
10 . Public Hearing .
11. Ordinances, Resolutions and Motions.
{a)
Recommendation from the Water and Sewer Board to
approve license agreements between the City of Engle-
wood and the Cherokee Corporation to allow the
installation of a 12" storm sewer acroas the City's
right-of-way at Prince Street and West Lake Avenue •
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Page 3
February 4, 1985 Agenda
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Ordinances, Resolut i ons and Motions (Continued).
12.
( b)
Recommendation fr om the Water and Sewer Board to
approve a license agreement between the City of
Englewood and the Sycamore Office Venture to allow
construction of a plaza across the City's right-
of-way at Prince and West Lake Street.
(c) Recommendation from the Department of Community
Development to approve the following:
( i)
(ii)
(iii)
the withdrawal of the Arapahoe County Fair
Association Property from the Arapahoe County
Law Enforcement District.
the withdrawal of the Arapahoe County Fair
Association property from the Arapahoe
Regional Library District.
the withdrawal of the Arapahoe County Fair
Association property from the South Suburban
Parks and Recreation Department.
the withdrawal of the Arapahoe County Fair
Association property from the Littleton Fire
Protection District.
13. City Attorney's Report.
14. General Discussion.
(a) Mayor's Choice.
(b) Council Member's Choice .
15. Adjournment. ~~~£r ~
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AGE NDA ITEM ----PRESENTED BY -------
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ROLL CALL
Moved Seconded
Abstain Hlg<lav
Neal
Vobe i da
Weist
er lo
Bradshaw
Otis
MOTION:
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AGENDA '''" ~
ROLL CALL
11o ve d Seconded Ayes Nay Absent Absta in
n IJlaay ~ Nea1 ,_..,
VobeJda ~ We_1 st v ~l lo
£.---Bradshaw v-Otis v-
MOTIO N:
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AGENDA ITEM -~=--~--
PRESENTED BY ---------
ROLL CALL
Moved Seconded Ayes Abstain Nay Absent
HIQday
v-v Neal -~ Vobeida
Weist
Bl lo
Bradshaw -
Otis -
M OTION:~
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AGENDA ITEM
PRESE NTED BY
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlodav
v Neal
v Vobe,da
Weist -
Bl lo
Bradshaw
Otis -
MOTION:
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
v _111qe1av
Neal
// Vobe 1da
Wei s t -~ Bl lo
Bradshaw
Ot i s -
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AGENDA ITEM __.1 __ _
PRESENTED BY ------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain Mroaay
Neal
Vobeida
Werst
Bl lo
Bradshaw
Otis
MOTION:
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AGENDA I TEM ~
PRESENTED BY ~@;/;J~--=-x.:..__-__ _
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain H1gaay
Neal
Vobei d a
Weist
Bllo
Bradshaw
Otis
MOTION:
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AGENDA ITEM _g~~h __ _
PRESENTED BY ~@£~-------
ROLL CALL
Moved Seconded
Abstain
HIQQay
Neal
Vobe_Jda
We__lst
Bl lo
Bradshaw
Otis
MOTION:
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AGEND A ITEM 9a .-~
PRESENTED BY @AA
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
r11Qday --v Neal --v Vobe1da ~
Weist -Bllo
Bradshaw -Otis -
MOTION:r
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!lo--AGENDA ITEM
PRESENTED BY
ROLL CALL
Moved Seconded
Abs ta In Hladav v Neal
J/ Vobe,da -
Welst
Bile
Bradshaw
Otis --
MOTION: c /J If I~.
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AGENDA ITEM ~/~/~0"'---PRESENTED BY
~~~~~~~~
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
_11_1goay -Neal v Vobe1da --Weist
Bllo -Bradshaw -Otis -
MOTION (: 13
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AGENDA ITEM // « ~
~-r-1 -~~ PRESENTED BY »; (_.,,-~ '
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
n1gaay r Neal -Vobeida -v We_ist -l!llo -Bradshaw
Otis
MOTION:
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AGENDA ITEM
PRESENTED BY
~~~~~~~~-
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
i---Hloday -Neal
Vobeida
Weist
Al lo
Bradshaw ---
Otis -
MOUOO~ 1
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AGENDA ITEM ~~ PRESENTED BY
~~~~~~~~-
ROLL CALL
Moved Seconded Ayes Abstain
Hlgday
Neal
v Vobe1da -~ Weist -
Bl lo -Bradshaw
Otis -
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AGENDA ITEM II c I JI
PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Abstain Nay Absent
Hlgoay -y Neal -v Vobe,da -Weist -Bllo
Bradshaw
Otis -
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AGENDA ITEM -----
Moved Seconded
I/ 111ooay
(.....--' Neal
Vobeida
Weist
Bf lo
Bradshaw
Ot is
MCYrION:~ CA
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PRESENTED BY
ROLL CALL
Ayes Nay Ab sent Abstain
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AGENDA ITEM ---PRESENTED BY ----
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ROLL CALL
~ M_!gaay ---.. v--Neal
Vob~Jda
Wei st -
J!I lo '44.
Bradshaw -
Otis -
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REGULAR MEETING:
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
January 21, 1985
The City Council of the City of Englewood, Arapahoe County ,
Colorado, met in regular session on January 21, 1985, at 7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Mayor Otis . The pledge of al-legiance was led by Mayor Otis.
Mayor Otis asked for roll call. Upon a call of the roll , t he following were present:
Council Memb ers Neal, Vobejda, Weist, Bilo, Bradshaw, Otis.
Absent: Council Member Higday.
The Ma y or declared a quorum present.
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Also present were: City Manager Mccown
Assistant City Manager Vargas
Ci ty Attorney Olsen
Director of Utilities Fonda
Director of Engineering Services Diede
Deputy City Clerk Owen
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COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF JANUARY 7, 1985. Council Member Bilo seconded the motion.
Council Member Bradshaw noted an error on page 1, under
roll call for approval of the minutes. Council Member Neal was absent not Council Member Vobejda.
Council accepted the editorial change. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Vobejda, Weist, Bilo, Bradshaw, Otis.
None.
Council Member Higday. I •
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January 21, 1985
Pag e 2
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Abstain: Council Member Neal .
The Mayor declared the motion carried.
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COUNCIL MEMBER WEIST MOVED TO PASS A PROCLAMATION DECLARING
THE WEEK OF FEBRUARY 3 -FEBRUARY 9, 1985, AS "MISS ENGLEWOOD SCHOLAR-
SHIP PAGEANT WEEK" AND FEBRUARY 9, 1985 AS "MISS ENGLEWOOD DAY."
Council Member Bilo seconded the motion. Upon a call of the roll, the vote r esulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Vobejda, Weist, Bilo, Bradshaw, Otis.
None.
Council Member Higday .
The Mayor declared the motion carried.
Mayor Otis presented the proclamation to Donna Sovern
who represented the pageant. Mrs. Sovern expressed appreciation
for the proclamation. She stated all expenses for the pageant were
clear. She also noted the pageant was one for scholarship .
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There were no oth e r v is i tors at this time.
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Mayor Ot i s pre sented a letter from Mr. Hal Rutenberg ,
Ch airma n of t h e Comm u nity Arts Symphony Orchestra Grants Committee .
Mayor Otis n oted Mr . Ru t enberg was requesting a c o n t ribut ion from the City of En glewood .
COUNCIL MEMBER BRADSHAW MOVED TO RECEI VE THE LETTER.
Council Member Bilo seconded t h e motion. Up on a call of t h e roll , the vote resulted as follows :
Ayes:
Nays:
Absent:
Council Members Neal , Vo b ej d a , Weist , Bilo ,
Brads h a w, Otis .
None.
Council Me mb er Higday .
The Mayor declared t h e motion carried .
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January 21, 1985
Page 3
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COUNCIL MEMBER NEAL MOVED TO CONSIDER THE REQUEST AT THE
NEXT STUDY SESSION. Council Member Vobejda seconded the motio n.
Up o n a c all of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Vobejda, Weist, Bilo, Bradshaw, Otis.
None.
Council Member Higday.
The Ma yo r dec lared the motion carried.
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"Consent Agenda Items" were as follows:
(a) Minutes of the Housing Authority me eting of
Oc tober 3 1, 1984.
(b ) Min u tes of t h e Parks and Recreat i on Comm i ssio n
meeting of November 8, 1984.
(c ) ~inutes o f the Urban Renewal Authority meeting
of December 5 , 1984.
(d) Mi n u tes of the I-later and Sewer Board me eti n g of
Decemb er 11, 1984.
(e) Min u tes o f the Englewood Downtow n De velop me n t
Auth ority meetin g of De cember 12 , 1 98 4 .
(f) Minutes of t h e Bo ard o f Ad justme n t a n d Ap p eals
meeting of Decemb er 1 2, 1984.
(g) Minutes of the Public Li b rary Board meeting of
January 8 , 1985.
(h) Ordinance o n final reading approving Southgate
S a nitation District 's Supplement #10 4 to annex
approximately 2.3 acres to the District.
(i) Ordinance on final reading approving Greenwood
Village Sewer General Improvement District 's
Supplement #9 to anne x approximately 3 0 acres
to the District .
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January 21, 1985
Page 4
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(k)
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Ordinance on final reading approving the Tri-
Ci ty Dissolution enabling the Cities of
Denver and Englewood to independently own and
operate the respective water rights held for
each city by the trust.
Ordinance on final reading approving a license
agreement between the City of Englewood and
Leslie N. Johnson to allow the installation of
an 8" ductile iron water pipe across the City 's
right-of-way at Windermere and Belleview.
COUNCIL MEMBER VOBEJDA MOVED TO APPROVE "CONSENT AGENDA
ITEMS" 9(A)-9(K). Council Member Bradshaw seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Vobejda, Weist, Bilo, Bradshaw, Otis.
None.
Council Member Higday.
The Mayor declared the motion carried.
Consent Agenda Item 9(h) was numbered Ordinance No. 3,
Series of 1985. Consent Agenda Item 9(i) was numbered Ordinance
No. 4, Series of 1985. Consent Agenda Item 9(j) was numbered
Ordinance No. 5, Series of 1985. Consent Agenda Item 9(k) was
numbered Ordinance No. 6, Series of 1985.
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City Manager Mccown presented the Six-Quarter Budget for the period January, 1985 through June, 1986.
Director of Engineering Services Diede came forward and
provided information concerning the project to construct pumps for
maintaining the levels of four lakes at the Englewood Municipal Golf Course.
RESOLUTION NO. 5
SERIES OF 1985
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 5,
SERIES OF 1985. Council Member Weist seconded the motion .
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January 21 , 1985
Page 5
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Council Member Weist expressed concern that the monies for
the pumps were being expended from the Golf Course Operating Fund
when the problem appeared to be rel ated to the construction of the
golf course from the start. Mr. Weist suggested expending funds
from startup monies, not from the operating monies.
Council Members Bilo and Neal requested a report detailing
how much the Golf Course Fund could repay to the Public Improvement
Fund for this project above and beyond the $10,000 already planned.
They requested that the information be available before the project
was bid.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Vobejda, Weist, Bilo,
Bradshaw, Oti s.
None .
Council Member Higday.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 1
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE APPROVING AN AGREEMENT WITH THE DEPARTMENT OF NATURAL
RESOURCES ACTING BY AND THROUGH THE COLORADO WATER CONSERVATION
BOARD AND AMENDING ORDINANCE NO. 23, SERIES OF 1983, FOR A CONSTRUCTION
PROJECT BY THE UNITED STATES ARMY CORPS OF ENGINEERS KNOWN AS THE
SOUTH PLATTE RIVER CHANNEL IMPROVEMENT PROJECT TO REDUCE FLOOD DANGER .
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 1,
SERIES OF 1985, ON FIRST READING. Council Member Vobejda seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Neal, Vobejda, Weist, Bilo,
Bradshaw, Otis.
None.
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January 21, 1985
P a ge 6
Absent:
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Council Member Higday.
The Mayor declared the motion carried.
ORDINANCE NO .
SERIES OF 1985
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 3
INTRODUCED BY COUNC I L
MEMBER BILO
AN ORDINANCE REPEALING ORDINANCE NO. 12, SERIES OF 1982, REGAR D-
ING MUTUAL AID AGREEMENT FOR POLICE SERVICES .
COUNCIL MEMBER B I LO MOVED TO PASS COUNCIL BILL NO. 3,
SERIES OF 1985, ON FIRST READ I NG. Council Member Bradshaw s ec -
onded the motion. Upon a call of the roll, the vote resulted as
fo llows:
Ayes:
Na y s:
Abs e n t :
Council Members Neal, Vobejda, Weist, Bilo ,
Bradshaw, Otis.
Hone.
Coun cil Membe r Higday .
Th e Mayor dec lare d t he motion carried.
ORDINANCE NO.
S ERIES OF 1985
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BY AUT HORITY
A BILL FOR
COU NCIL BILL NO . 8
INTRODUCED BY COUNCIL
MEMBER VOBEJDA
AN ORDINANCE AUTHORIZING EXECUTION OF QUIT CLAIM DEED CONVEYING
CERTAHI TRACTS OF LAND AND VACATING CERTAIN EASEMENTS IN CENTENNIAL
SHOPPING CENTER AND APPROVING EASEMENT FROM CEN TENNIAL SHOPPING
CENTER TO CITY OF ENGLEWOOD FOR A NEW WATER LINE .
COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 8 ,
SERIES OF 1985, ON FIRST READING. Council Member Bilo seconded
the motion . Upon a call of the roll , the vote resulted as follows:
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January 21, 1985
Page 7
Ayes:
Nays:
Absent:
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Council Members Neal , Vobejda , Weist, Bilo,
Brad s haw, Otis.
None.
Council Member Higday.
The Mayor declared the motion carried.
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Director of Utilities Fonda appeared before Council and
presented a recommendation from the Englewood Water and Sewer
Board to approve the contract to Denver Heating and Air Condition-
ing for the Cornell and Pennsylvania Station.
COUNCIL MEMBER NEAL MOVED TO APPROVE THE CONTRACT TO
DENVER HEATING AND AIR CONDITIONING FOR THE CORNELL AND PENNSYLVANIA
PUMP STATION IN THE AMOUNT OF $6,024.13. Council Member Bradshaw
seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Vobejda, Weist, Bilo,
Bradshaw, Otis.
None.
Council Member Higday.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVING GRANT OF SEWERLINE EASEMENT BY PUBLIC
SERVICE COMPANY OF COLORADO TO CITY OF ENGLEWOOD ON REAL PROPERTY
LOCATED AT W. UNION AVE. AND S. SANTA FE DRIVE, ENGLEWOOD, COLORADO.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO.
11, SERIES OF 1985, ON FIRST READING. Council Member Vobejda sec-
onded the motion. Upon a call of the roll, the vote resulted as follows:
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January 21, 1985
Page 8
Ayes:
Nays:
Absent:
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Council Members Neal, Vobejda, Weist, Bilo,
Bradshaw, Otis.
None.
Council Member Higday.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE APPROVING GRANT OF SEWERLINE EASEMENT BY E.S.P. IN-
VESTMENTS TO CITY OF ENGLEWOOD ON REAL PROPERTY LOCATED AT W.
UNION AVENUE AND S. SANTA FE DRIVE IN ENGLEWOOD, COLORADO.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 10,
SERIES OF 1985, ON FIRST READING. Council Member Bilo seconded
the motion . Upon a ca ll of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Vobejda, Weist, Bilo ,
Bradshaw, Otis.
None .
Council Member Higday.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE APPROVING GRANT OF SEWER AND WATER LINE EASEMENTS BY
1950 CORPORATION , INC., TO CITY OF ENGLEWOOD AT W. UNION AVE. AND
S. SANTA FE DRIVE, ENGLEWOOD, COLORADO.
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January 21, 1985
P age 9
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COUNCIL MEMBER BILO MOVE D TO PASS COUNCIL BILL NO. 9,
SERIES OF 19 8 5, ON FIRST READING. Council Me mb er Brads haw sec-
onded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Vo b ejda , Wei s t, Bilo,
Bradshaw, Otis .
None.
Council Member Higday.
The Mayor declared the motion carried .
ORDINANCE NO.
SERIES OF 1985
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 12
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVING GRANT OF SEWERLINE EASEMENT BY JACK M.
HORNER TO CITY OF ENGLEWOOD ON REAL PROPERTY LOCATED AT W. UNION
AVE. AND S. SANTA FE DRIVE IN ENGLEWOOD, COLORADO.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO.
12, SERIES OF 1985, ON FIRST READING. Council Member Vobe j da sec-
onded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
The Mayor
There was
There was
Council Members Neal , Vobejda, Wesit, Bilo, Bradshaw, Otis.
None.
Council Member Higday.
declared the motion carried.
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no City Manager's Report .
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no City Attorney's Report.
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January 21, 1985
Page 10
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Mayor Otis reappointed the following individuals to the
Englewood Urban Renewal Authority for terms to expire February 5, 1989.
Ruth Cole, 4540 South Galapago Street
Lawrence Novicky, 3319 West Saratoga Avenue
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COUNCIL MEMBER BRADSHAW MOVED TO MAKE THE FOLLOWING APPOINTMENTS:
PLANNING AND ZONING COMMISSION (TERMS EXPIRING 2/1/89)
DOYET J. BARBRE, 4521 SOUTH CLARKSON (REAPPOINTMENT )
F. WILLIAM BEIER, 3167 SOUTH BANNOCK (APPOINTMENT)
PUBLIC LIBRARY BOARD (TERMS EXPIRING 2/1 /89)
JERRY VALDES, 303 WEST LEHOW AVENUE #12 (REAPPOINTMENT)
BRUCE HOGUE, 3141 SOUTH VINE STREET (REAPPOINTMENT)
ELECTION COMMISSION (TERM EXPIRING 1/1/89)
HAZEL NILSEN, 245 EAST GIRARD AVENUE (REAPPOINTMENT)
COURT ADVISORY COMMITTEE (TERMS EXPIRING 12/31/85)-THIS COMMITTEE'S
TERM IS EXTENDED UNTIL 12/31/85 IN ACCORDANCE WITH RE-
SOLUTION NO. 1, SERIES OF 1984
JIMMY E. CURNES, 4590 SOUTH KNOX COURT
HARRY FLEENOR, 3385 SOUTH CORONA STREET
TIM FLYNN, 3 470 SOUTH MARION STREET #202
VIC KLEIN, 4057 SO UTH BANNOCK STREET
GLENN WADDEL L, 3 675 SOUTH CHEROKEE #408
Council Member Bilo seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Vobejda, Weist, Bilo,
Bradshaw, Otis.
None.
Council Member Higday.
The Mayor declared the motion carried .
* * * * * * * * * * * *
Council noted vacancies still existed on the following
commissions: 1) Board of Adjustment and Appeals, 2) Career Service
Board, and 3) Planning and Zoning Commission. These vacancies would
be filled at a later date.
* * * * * * * * * * * *
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January 21, 1985
Page 11
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There being no further business, COUNCIL MEMBER NEAL MOVED TO ADJOURN.
vote . Mayor Otis adjourned the meeting at 8:35 p.m . withouth a
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A ,
WHEREAS, the public schools are an important and integral part of our society; and
WHEREAS, the concept of a free a nd equal education
is an Ameri c an tradition and this country's strength; and
WHEREAS, the students of today are the leaders of tomorroK; and
WHEREAS, all citiz ens have a responsibility to support the public schools;
NOW, THEREFORE, I, EUGENE L. OTIS, Ma yo r of the
City of Englewood, Colo rado, hereby proclaim the week of February 17 -23, 1985, as
ENGLEWOOD SCHOOLS WEEK
and urge all citizens to make a commitment to pu blic
education and to the future of Englewood 's children by
visiting their local public schools and by donating
their tim e and talents to help make the public schools even better .
GIVE 1 under my hand and seal the 4th day of February, 1985 .
E~s,~
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IHIEREAS, the public schools are an important and integral part of ou r s ociety; and
KHCR EAS , the co n cept of a frpe and equa] education
is an 'mer ic an tradition and this country's strength; and
h~FREAS , the students of today are th e leaders of tomorro1;; and
WHEREAS, aJl citizens have a r esponsibility to support the p uhli c scho ols;
NOW, THEREFORE, I, EUGENE L. OTIS, Ma yo r of the
City of Engl ewood, Colorado, hereby proclaim the week of February 17 -23, 1985, as
ENGLEWOOD SCHOOLS WEEK
and urge a ll citizens to make a commitment to publ ic
education and to the future of Englewood's children b y
v isiting heir local public schools and by donatin g
their time and alents to help make the public sc ooJ _ even be te
GIVf\ under my hand and seal th e 4th day of February J9 5.
EUGENE L . OTIS , Ma y or
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT LIBRARY ADVISORY BOARD OFFICERS
~ ;q
INITIATED BY LIBRARY AQVISORY BOARD
ACTION PROPOSED Council Receive as Information
INmODUCTION
At its me eting of January 8, 1985, the Library Advisory Board elect e d its offic ers for
1985 as follow s: Chairman: Mr .. Jerry Va ldes
Vice-Chairm:rn: Mrs. Lois Sterling
The duties o f these offiers as defined in the Board's Procedures have been forwarded
to Council previously. Please note that Mr . Va l des ' e lection as c hairm an is c on -
tingent upon his re-appointment to the Library Advisory Board . ~is current term
expires February 1, 1985.
RECOMMENDED ACTION
Council receive as information .
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MEMORANDUM
TO : Honorable Mayor and Members of City Council
FROM : Carolyne J . Boettger , Court Administrator
DATE : January 29 , 1985
SUBJECT : N CIPAL COU RT FOURTH QUARTER AND END OF YEAR
REPORT FOR 19 81.j
Attached is a coy o f the Court 's quarterly and end of year
report f o r 1981.j , followed by general comments about the a c -tivity .
If there are any items that do not now appear that you would
like t o have included , please let me know .
CJB :cs
Attachment
cc: Louis Parkinson , Munic ipal Judge
Court Advisory Commit ee Members
Robert R . Holmes , Chief of Police
Dorothy Dalquis , Public Rel ations Specialist
harles Grimm , Prosecuting Attorney
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ENGLEWOOD MUNICIPAL COURT
QUARTERLY ACTIVITY REPORT
I !!tb QIB 4~h QT!!. SUBJECT 19..!2 19~
1. ~UE SO LR CE I
I
A) DADllHJr.: VJ()! ATlnN l=INl=C: $ 16 ,018.00 $17 523.60
R) Vlnl ATTrw<: UIAt:All Ffllli::C: 7,5C6.IJO 10 305.00
c) f'n1Jrr F1111i::c: 22 660,00 24 06 3.00
n) • -('OIJll'TY nm FI 111i::c: 6 445 .00 s 845 00
E) wwn FORFEITtim:<: l 250.00 1.000,00
F) r"nr RT rn<:TC: * 8,538 .50 8,224.SO
r.) Wl"TNl=~C: i::i::s::c: 251.00 213.25
M) ll'&N ~s::c: -0-25 .00
TOTALS $62,748 .50 S6 7,199.10
2. CA5ES FILED
A) DADllllllt: VIOi ATlnNC: 3 ,49 4 2 ,6 37
B) TRAFFIC Vlni ATlnN<: 1 ,417 932
~lllr.: Vtnl ATIC'llll<: 161 145
Dj ANIMAi nDl"ITlllAllJ('I= VIOi ATTnNC: 38 66
E) On!ER nor1t111AllJ('I= VIN ATtnNC: 173 159
F) f'rM>I A I NTS 12 39
G) c:Mrw f'A11<:r: r1TATT~ I 23 40
TOTALS l 5 ,118 I 4 ,018
3. VIOLATIOr~ BUffAU ACTIVITY
A) T~ACC"t('/Mt<:(' VIOi ATTnNC:• 464 602
PLFA CF GUILTY 246 355
PLFA OF 001' GUILTY: 218 247
REQUEST TRIAL TO COURT (191) (235)
FILED JURY OEM/IND (2 7) (12)
R) pADllllllt: Vlf\I AT TnNC:•
Pl.FA OF GUIL'l"i/Pl\ID 1,991 1 783
l"T!Erl /\PPl"Af . 2 7 1 17 5
• 1983 f i gures include d rive r sc hool f e es
•
PAGE_l_
YTD YTD
19..JU 19..!l.L
~6116111 ~ 7F. 177 "'
47.239 .00 39 442 ()()
120 962 49 l 111. n'l? nn
?'i 177 'ill 21 111 00
3 850.00 3 890.00
38. 242. so 35 446.50
1 071.00 Ql" ()()
200.00 75 .00
$297 ,900.00 $201, 104.95
12,601 10 352
5,413 3 983
656 526
161 2'ill
937 75 6
46 67
104 ])4
19,918 16,068
2 . 726 2 425
1 568 1 11?
1,158 1 113
(1,029) (1,031)
(l?Q) fR?)
8 260 7,653 I . .
l 041 1 285
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ENGLEWOOD MUNICI PAL COURT
QUARTERLY ACTIVITY REPORT
CCONTINUED)
I
4th QTR 4th QTR
SUBJ ECT 19~ 19_ 84
4. COURT ACTIVITY I I
A) 1100111 r.:.IMFNT<; • 911 963
FTA/CXNI' 253 270
QJILT'l PIF.A/PB/DIS 383 434
NO!' QJILT'l PLEI\: 275 259
REQEST TRIAL TO COURT (263) (248)
FILED JURY DEMAND (12) (11)
R) rr"ll IC>T 00<"-TC> 111 1 C: • I 574 599
M:A/CXt\'T 175 189
PB/DIS/OJP I 335 361
SET FOR COUR!' T!UAL 64 49
r) ll lO\I DC>C-TC>!ll l C:• I 72 66
M:A/CXNI' 25 30
PB/DIS/CDP I 47 35
SET FOR JURi' T!UAL I -0-l
n) TQTll l <:• 98 72
F'I7V<XNT 27 17
PB/DIS/COP I 29 23
'11UALS HElD: 42 32
COURT TRIALS I (4 2) (30)
' .!/JRY TRIAi.'> (0) (2)
F) 01'\-ll=R MtC:f Ul'llC>llJf,C: 2 ).~ 382
5. OTHER ACTIVITY I I
A) •• ---.::/i:vi:r1 "''""'c: 1c;c;1 ~n I 240 284
R) r11c:i:c; TFRM···~TFn (Pt((; i:vr1111"1) 1, l 33 1. 333
' c) rll<:<"<; PF"1n!N("; (pK(i l'"V('I trnrn) 1 ,h99 I l, 61·2
li /IR//C.'V l/iTION .': l'i/lf.' t.:: l'l!/./.t'W:::
PAGE_.2_
YTD
19~
3,889
l 020
1 , 774
1,095
(1 ,0 34)
(61)
2' 741
667
1,742
332
339
119
193
27
534
140
156
23 8
(220)
(18)
l ,237
I
i
958 I
6 035
I --
F'l'A = Fai lu.N: t o aripca1•
YTD
19~
3,566
86 5
1,645
1,056
(987)
(69)
2 ,6 33
602
1 , 74
287
291
113
166
12
356
114
91
151
(145)
(6)
l '367
879
5 550
--
CO NT .. Cont1'.nued to anoth...r· datl'
CO P • Chang e of plea from not
guilt;1 to qui lt!J or nolo
DIS • Cas die 'se d
PB s Plea Bargain dinrosition (~g.,
r e duced charge)
PKG • Parking Ticketo
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r·:·•:; 1 C'l PAL Cr1l.J?'T FO' RTH OUAR'TER
AN:i E!JD OP YEAR EEPORT
Compa ris on of 1984 wi th 198 3
1 . REVEN UE SOURCE:
-Parking fine s for 1984 indicate a 24.5% increase over
1983 . Th is is due t o the higher fine that was esta-
blished fo r parkin g emissions violations ($25 .00 as
opposed t o $5 .00 for all other violations e xceot fir e
lane whi ch is $10.0 0).
-The remainder o f the 1984 revenue for cour t and other
violations bureau cas es was d o wn 13.4% as a direct
re sult of the 2 1 .9% d ec r e a se in non-parking filin gs.
2 . CA ES FILED:
-Pa rking filin gs f o r 1984 ar e down by 17 .91 . This ma~
be attributed to the retiremen t o f th e officer who d id
his .ob for .an~ year ~, and the tra~ning of a ne~
o fficer . Of the parkinr filin~s 867 (3 .4 % of o al l
we r e issued for emissions v i ola ions.
-Tr a f fic c itation s ar down 26 .4Z which accou nts for a
good oortion of th e decrease in violations b u reau fines
collected . This ar e a began to decrease in July 1983
whe n th e "proof of ins ranee law" wen t int o effect.
De f endants charged wi h violations that wo u ld have be en
written in o this co u r are now being char ged into coun;y
court if there is also a viola ion of th e insurance law .
A total of 38 tickets were issued f o r emissions violati o ns
o n moving vehicles .
-~hoplifting and other o rdinan ce viola ions are down (sho -
lift in g by 19 .8% and other ordinance viola tions by l0.3%).
The court is not aware of the reasons f o r these d e creases .
-Animal viol a ion (u 55 .31), complaint (uo 45 .7 ),and
sho ~: cause cita ion (up 28 .91) are the only areas o:' in -
c r eased filinrs for 1 984 .
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-~o al 198 filings refl ect a 19 .~ decrease ~~en com -
~ared o 1983 .
-Durin 1 98 4 th e r e were 550 filings o n juvenile~.
(Traf fi c = 226 ; shoplifting = 1 69 ; misc e llane ou~
violations = 155).
3 . VIOLATIO"S BURE AU ACTIVITY:
-Traffic and miscellaneous violations burea u activi y
wa s not significantly different .
-Parking violation activity shows an increa se e r volume
of filings, especially in area of ap peals fi led . Ei5ht
ou t o f every one hundred ticket s filed in 1983 resul .ed
in an appeal , whil e there were twelve out of every one
hundred during 1984 .
4 . COURT ACTIVIT Y:
-While he tot al nu er of arraignment s and p r e -trials
are lower , the percentage of these hear i ngs p er filin gs
are higher . Trial percentages are slightl y lower , indi -
cating tha ffiore cases ar e beinr disposed a t he pre -rial
level .
-Other miscellaneous hea rin gs ar e higher in number as Kell
as ercentare per fil i ng . Some of this i ncrease ca be
attribu ed to hav ing the defendant rea ppear before he
court to r eview compliance with alterna iv e sen encin
recommendati ons .
5 . OTHER ACTIVITY:
-Warrant s are still a major concern of the court . The
total number of warran s issued is lower, b
volu e of fi ings durin 1984 , one ou of .5
ca~e~ filed resul ed i a warr ant com o one out
of every 7.4 during 1983 . Of a ll the warrants issued
27 .2% were for sho . lifting and theft. Of the 526 shop -
lifti ~ and ~ef filin~s 239 (or 45 .4%) r esulted in a
warrant of some kind .
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f.:I SCE . A!:E JL'S :
Du rin g 198q, four pe o ple he ld the position of temporary vi olations
bureau clerk. This turnover, along with the additional servi ces
of TOPS , caused a great dea l o f frustration during the yea~. All
three employees , wh o left f or full -t ime permanent positions , had
been trained to handle the compute r parking system , as well a s
many other duties of violati o ns bureau . Regular employe es spent
nost of the year te aching the same information over and over
again to new people.
The development of s oftware for the remainder of the cour t system
should be under way again in February.
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PRESENr:
ABSENT:
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BCWID OF CAREER SERVICE CXM1ISSICNERS
Novarber 15, 1984
Betty Keena, catherine Pokraka, 'lllanas Fitzpatrick, O:>nald Weber
Janet Kerzic
OllIERS PRESE:m': Benjamin Craig, Career Service Board Attorney
Jack Olsen, City Attorney
John Win:J, E.P.B.A. President
Steve Trunck, Fire
9 f
Olainnan Weber called the neetin;J to order. It was proposed by Comlissioner
Pokraka to make the foll<JWiNJ corrections to the Septerrber 24, 1984 minutes:
Paragra?'l five of page one was amended to read ••• A discussion follCMad
resultin;J in both parties agreein;J to continue negotiations until the end of
SeptE!Tber 1984 • • • o::.mnissioner Keena ITUVed, seconded by Comlissioner
Fitzpatrick to approve the Septenber 24, 1984 minutes pendin;J revision.
AYES: Pokraka, Keena, Fitzpatrick, Weber
NAYS: None
Comlissioner Keena ITUVed, secorrled by Comlissioner Fitzpatrick to approve the minutes of Oct.d:ier 8, 1984.
AYES : Pokraka, Keena, Fitzpatrick , Weber
NAYS: None
Comlissioner Fitzpatrick llDVed, secorrled by Comlissiooer Pokraka to approve
the October 29, 1984 minutes.
AYES: Pokraka, Keena, Fitzpatrick, Weber
NAYS: None
Item three on the agerxla was the Association's 01oice. John Win:J, E.P.B.A.
President , offered an ai:ology to the board for not having a written response
to the settlerrent of wage negotiations am. :i.rrpasse with the City.
Item foor on the agerxla was the City Manager's 01oice. 'lllere was no
representative fran the City M:tnager's Office.
Item five on the agerxla was the O::mnissioner's O:oice. 'llle first it.an of
business was the approval of budget expenditures. O::mnissiooer Fitzpatrick
llDVed, seconded by Ccrmtissioner Keena to approve the bu&;Jet expenditures.
'llle next item for consideration was new business. 'lllere bein;J no new
rosiness to be considered, the Board ITUVed to It.an six •
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Item six on the agerm was the scheduled heari!Y;J for the Michael Grunirger
appeal. O'iainnan Weber read letters fran both the City and Mr. Gruninger
specifying that the disciplinary action had been nnlified to a letter of
corrective action resulting in rel!OVal of the hearing fran the docket.
'!here being oo unscheduled visitors, O'iai.rnan Weber accepted a notion for
adjcurnnent and adjcurned the regular meeting of ~ 15, 1984.
Nancy Sarin]er, Recording Secretary
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
December 18, 1984
Members of the City Planning and Zoning Commission convened for a dinner-
work session at 5:30 P . M. in Conference Room A.
Members present: Allen, Carson, Magnuson, Stoel, Tanguma, Venard
Vargas, Ex-officio
Members absent: Barbre, McBrayer
9 B
Also present: D. A. Romans, Assistant Director of Community Development
City Attorney Olsen
Senior Planner King
Inasmuch as Chairman McBrayer had indicated to the Secretary that he would
be late in arriving at the meeting, and Vice-Chairman Becker has tendered
her resignation from the Commission effective immediately, the following
action was taken on the advice of City Attorney Olsen:
Carson moved:
Allen seconded: Mr. Gerry Venard be elected as temporary Chairman for
the meeting of December 18, 1984.
AYES: Carson, Magnuson, Stoel, Tanguma, Venard, Allen
NAYS: None
ABSTAIN: None
ABSENT: Barbre, McBrayer
The motion carried.
Carson moved:
Magnuson seconded: Mr. Gerry Vena rd be elected Vice-Chairman of the
Planning Commission for the remainder of the term
ending February 1 , 1985.
AYES: Carson, Magnuson, Stoel, Tanguma, Venard, Allen
NAYS: None
ABSTAIN: None
ABSENT: McBrayer, Barbre
The motion carried.
* * * * *
I. CALL TO ORDER.
The regular meeting of the Planning and Zoning Commission was formally
called to order by Temporary Chairman Venard at 6:00 P. M.
Members present:
Members absent:
Allen, Carson, Magnuson, Stoel, Tanguma, Venard
Vargas, Ex-officio
Barbre, McBrayer
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Also present: D. A. Romans, Assistant Director of Community Development
City Attorney Olsen
Senior Planner Susan King
II . APPROVAL OF MINUTES .
December 4, 19 84
Mr. Venard stated that the Minutes of December 4, 1984 were to be con-
sidered for approval .
Ca rson moved:
Tanguma seconded: The Minutes of December 4, 1984 be approved as written.
AYES: Carson, Magnuson, Stoel, Tanguma , Venard, Allen
NAYS: None
ABSTAIN: None
ABSENT: McBrayer, Barbre
The motion carried.
III. COMPREHENSIVE ZONING ORDINANCE.
Definitions -§16.8
Mr. Venard asked Mrs. Romans to lead the discussion on review of the
Definitions section of the Comprehensive Zoning Ordinance.
Mrs. Romans stated that review of this section will conclude the review
of the Comprehensive Zoning Ordinan ce amendments by the Planning Commission.
Sections that are of concern to the Commission and/or staff will be reviewed
and discussed at a Saturday meeting of the Commission with Attorneys Olsen
and DeWitt, which has been scheduled for January 12th. Mrs. Romans stat ed
that she has tried to point out areas that the Commission has expressed
concern on to Mr. DeWitt for his study.
Mrs. Romans cited sources of reference she had used in writing the pro-
posed definitions: Anderson's American Law of Zoning, and The Illustrated
Book of Development Definitions by Moskowitz and Lindbloom. Most of the
definitions used from these sources are referenced to Court decisions.
The list of proposed definitions was reviewed with staff members and
Assistant City Attorney DeWitt, and the list presented to the Commission
was derived from these discussions. Mrs. Romans asked if there were any
definitions which were of special co n cern to the Commission.
Mr. Allen stated that he had not determined any problems in reading through
the definitions. Mr. Magnuson stated that the definitions were straight-
forward and clear.
Mrs. Romans discussed concerns that are expressed on the definition of
"family" as it presently exists, and cited various complaints that have
been registered when a group of individuals not related by blood, mar~iage,
or adoption decid to share a household; neighbors complain about the
number of people living in the dwelling unit, and/or about the ensuing
parking congestion. Few complaints are based on the relationship of the
individuals sharing the household. Several definitions of "family" w re
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included in the propos ed l ist o f def initio ns, whi c h we re di s cussed by
the Commis s ion. Hr. Ta ng uma stated that he did n o t f eel "family" size
should be tied t o a number o f parki ng spaces a s p r o posed i n on e of t he
definitions. Di scu s s ion e nsued.
Hr . Vargas sugges ted tha t the concept o f a "bo ar d ing h o u se" in a single-
fami l y res idential area i s t o b e avoid e d; a c lear definition o f "family"
is , ho p e fu lly , one way t o avo id this conc e pt . Mr. Ta n guma as k ed if a
ho usehold being shar e d by unrelated individuals could no t be addr es sed
under "gro up" rather than "family". Mr. Olsen advised against this ap-
pro ach . Hr. Magnus o n pointed out that a single-family home in a single-
f am ily district is e xpected t o be occupied by a "family" --n ot by a
"g r o up".
Th e c o nsensus of th e Co mm is sion was that the foll o wing definition, f o un d
in ,13 on Page 15 o f the proposed definitions, will be used to de fine
"family": "An individual, o r two or more persons related by blood,
marriage , o r adoption living together as a single housekeeping unit; o r
a group o f n o t more than four persons, who need not be related by bloo d,
marriage, or adoption, living together as a single housekeeping unit."
Mr. Magnuson asked what the Council c oncerns we re on the matt e r o f zoning;
h e has s e en some discussion in the pa pers r egarding the issue . Mr. Vargas
s t ated that the Co uncil wants to p r otec t the int eg rity o f th e sing le-f a mi ly
reside ntial areas, and are trying t o def ine tho se areas s o t h at it wo ul d
r e quire a vote o f the peo ple t o chang e the zo n i ng in those z o n e d i st r icts.
Mr. Olsen s u gges t ed that on Page 4 3, "Specif i e d sexua l ac tivitie s" shoul d
be move d to the lef t margin, and cap italized a s a ma jor defin i tio n cat ego ry.
Mrs . Romans agreed t hat th i s s h o uld be don e.
Mr. Varg a s asked where the d e f init ion o f a "g r oup hom e" c a me fr om . Mrs
Romans stated that this was taken fr om t he Stat e St a tut e s.
Mr. Carson asked why there was inc lusion of "filling station" a nd "ga soline
station." Discussion ensued.
Mr. Tanguma asked why "Board " as noted on Page 5 refers only t o the Boa r d
of Ad justment and Appeals; ther e is more than one "board" i n th e City .
Mrs. Romans stated that in reference to the Comprehensive Zoning Ordinance,
the Board of Adjustment and Appeals is the only board of r eference.
Mr. Ve nard asked if there were any additional definitions to be included
on junk cars. Mrs. Romans handed out copies of ordinances which Mr. Venard
had obtained from Wheat Ridge and Arvada pertaining to junk vehicles . Mrs.
Romans also hand ed out copies of a new §16.4 , which also addresses storage
of junk and trash, and storage or parking of vehicles.
Mrs. Romans discuss d concerns that have been expressed by Code Enforce-
ment Officers th t they need some regulations in the Comprehensive Zoning
Ordinance to assist them in their work. Hrs. Romans pointed out that this
draft of §16.4 h not been reviewed with the Attorney's office at this
point in tim • Hrs. Romans further addressed the problems tha t are ex-
perienced by th Cod Enforcement Officers/Police Department in enforcing
the restriction of large tow trucks being p rked in r sidential districts,
for instance.
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Mrs. Romans suggested that the Commission members should review these
two ordinances, and the proposed new §16.4 prior to the meet ing on
January 12th .
Mr. Ca r son expressed interest in having the Code Enforcement Officers
present at the Janua r y 12th meeting to discuss their concerns a nd reasons
for the suggested restrictions.
Mr. Stoel discussed the provision in §16. 4 A 2 (a) (2), that trash "shall
be stored in covered containers set back at least five feet from all prop-
e rty lines ... " He po inted out that a majority of property owners could
not do this because of the location of garages or fences along the alley
abutting their property. Mrs. Romans pointed out that pro perty owners
are presently prohibited from placing their trash co ntainers in the all ey
except on days of trash pick-up. Discussion ensued. Mr. Stoel emphasized
that he is viewing the practical side of the issue; this will not be complied
with by a majority of property owners. Mr. Magnuson suggested that the
trash could be kept inside the garage, and placed o ut on pick-up days.
Mrs. Romans stated that the footage requirements can be changed; however,
requiring that the trash be stored on the property and not in the alley
o r on public right-of-way is an existing provision, and will not be changed.
Mrs. Romans stated that the Commission has yet to consider the administrative,
general and definitions sections of the Ordinance at a Public Hearing; the
City Council must then hold Public Hearings on a majority o f the Ordinance.
Mrs. Romans suggested perhaps the Commission could schedule a public hearing
in February.
Mrs. Romans pointed out that the City is recodifying the Municipal Code,
and the Comprehensive Zonin g Ordinance will be included in Title 16 in
the new Code.
Further discussion ensued on the storage of trash containers in the alley.
Mr. Allen excused himself from the meeting at 6:58 p. m.
Mr. Olsen excused himself from the meeting at 7:00 p .m.
Mrs. Romans submitted copies of rewritten sections pertaining to Certificates
of Occupancy, and the Right of Entry. Copies of the Weed, Trash, and
Derelict Vehicle Ordinance were made available to members, also . Mrs.
Romans pointed out that this Ordinance should be amended to refer to
"inoperable" vehicles rather than "derelict" vehicles.
Mr. Stoel discussed problems that property owners experience with the
method of posting the property in violation of ordinances by the Code
Enfo rcement Officers; the property owner may be an absentee owner, and
not be aware of the posting until the time limitation has expired, and
suddenly receives an "astronomical charge" from the City for cleaning
the property. Mr. Vargas discussed the procedure that is followed by
the Code Enforcement personnel, noting that the property is posted, and
a follow-up certified letter is sent to the owner of record. He noted
that there are several steps that have to be followed, which are time
consuming and may be of concern to th individual who complained about
a property in the first place, because it appears the City is doing nothing •
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Mr. Tanguma inquired about the bro chure the Commission had considered
two years ago. Mr. Vargas stated that money was appropriated to do the
brochure, and that EDDA was working with Public Relations Specialist
Doro thy Dalquist on the brochure. Mr. Vargas was asked t o check into
the status of this brochure, and report back to the Commission at the
next meeting.
IV. PUBLIC FORUM.
No one was present to address the Commission.
V. DIRECTOR'S CHOICE.
Mrs. Romans stated that she had wanted to review the amendments to the
Comprehensive Zoning Ordinance with members of the Board of Adjustment
and City Council before the Public Hearing; she discussed this proposal
with Chairman McBrayer, and asked if they could be invited to the meeting
on January 12 with the legal staff. Mr. McBrayer wanted only Planning
Commission members involved in the January 12th meeting, with another
meeting scheduled later to review the amendments with the Board and City
Council. Each member of the Commission would lead the discussion on a
particular section of the Ordinance. Mr. Venard agreed that the ordinance
should be to the satisfaction of the Commission before taking it to the
Board and Council.
VI . COMMISSIONER'S CHOICE.
Mr. Venard stated that a letter of resignation from Mrs. Becker was in-
cluded in the packet; he suggested that a letter be sent to Mrs. Becker
expressing regret at her resignation, and appreciation f o r her hard work
and dedication to the City and Commission during her term o f service.
Mr. Tanguma suggested that a plaque be made and presented to Mrs . Becker.
Mr. Vargas stated that the City plaque is given t o individuals o n ly if
certain conditions are met, and added that the City Council is also going
to write a letter of regret on her resignation to Mrs . Becker.
Mr. Carson suggested a certificate of appreciation would be appropriate
if a plaque is not approved for Mrs. Becker.
Mrs. Romans addressed several areas of concern to the staff on the Com-
prehensive Zoning Map, pointing out these areas which may be incorrectly
zoned at the present time, and overlays of propo~ed new classifications
to more nearly fit the type of development that is occurring in these
ar as.
Members of the Commission asked for copies of the map showing the areas
of concern, with the overlays proposed, for their perusal.
Mr. Magnuson commented that he had recently read an article on municipalitie
experiencing water shortages; Englewood is not on that list, and has an
ample water supply. He commended the forefathers for their farsightedness
in securing the water supply •
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Mr. Olsen entered the meeting at 7:28 p.m.
Further brief discussion on the water ri.ghts of the City ensued.
The meeting adjourned at 7:30 P. M •
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ORD I NAl'C E N0 .3_
SERIES OF 1984
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BY AUTHORITY
COUNCIL BILL 00. 1
INTRODUCED BY COUNCIL
MJ:MB ER BILO
AN ORDI NJl.N'.:E APPROVING AN AGREE11ENT WITH THE DEPAR'IMENT OF NATURAL
RESOU RCES ACTING BY AND THROUGi THE COLORADO WATER CONSERVATION
BOARD AND AMENDING ORDINJl.N'.:E NO. 23 , SERIES OF 1983 , FOR A
CONSTROCTION PROJOC T BY THE UNITED STATES ARMY CORPS OF ~INEERS
KN™N AS TH E SOUTH PLATT E RI VER CHANNEL IMPROVEMENT PROJECI' TO
REDOC E FLOOD DANGER.
WHEREAS , t he United St a t es Army Corps o f Engineers has
f ormu lated pla ns a nd des i gns to improve the flow of water in the
c hannel o f the Sou th Plat t e Ri ver i n the County of Arapahoe , State
of Color ado; and
WHEREAS, such improvanents wil l take place partly on property
owned by the City o f Eng l ewood; and
WHE REAS , it is to t he bene f i t of the City o f Englewood to
coope r ate in the construction o f s a i d improv anents ther e b y provid-
ing recreational reso urces to t he res iden ts ;
~, THEREFORE , BE IT ORDAIN ED BY TH E CIT Y COUOC IL OF WE
CITY OF rnGL~, COLORADO , AS FOLC.(7,oJS:
Section 1. The contract between the City of Eng l e-.iood and the
State Qreolorado , Department of Natural Reso ur ces , ac ting by a nd
through the Colorado wa ter Co nservation Bo a r d , is he reby approved.
A c opy of sa id contract is att ached her eto a nd i ncorpor a ted her e in
by reference .
Section 2 . The t empor a r y e asem ent fo r cons truction access a nd t o
allow the placanent o f fill material on pa r c e l 110-A-l TE i s her e by
approved .
Section 3.
approved.
The easement on parcels No . 116 and No. 117 is hereby
Section 4. Parcel 110 shall be transferred in fee simple to the
State of Colorado for the use and benefit of the De partment of
Natural Resources acting by and through the Color ado Water
Conservation Board . For sa i d transfer , the City shall receive
substantial anount of fill on its parcel 110-A-lTE .
Section 5. By Ordinance No . 23, Series of 1983 , an easanent was
to be granted to the State of Colorado , De par tment of Na tural
Resources , water Conservation Board , when the legal description was
determined. Since Ordinance No . 23, Series of 1983 , the State of
Colorado has requested several changes in the easanent ifically
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the name of the State agency to accept the easement and that the
State wanted clarification language on the fact that the State
would not be responsible for removing City of Englewood improve-
ments. 'lbe City Council hereby amends the Grant of Easement in
Ordinance No. 23, Series of 1983, and adopts this easement attached
and description found 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. 'lbe City Council hereby authorizes the Mayor to sign
and the ex officio City Clerk-Treasurer to attest the Special
warranty Deed to Parcel 110 (attached as Appendix A to the
Contract) transferring said parcel to the State of Colorado, a
copy of wh i ch deed is attached hereto and incorporated herein by
reference.
Introduced, read in full, and passed on first reading on the
21st day January, 1985.
Publ ished as a Bill for an Ordinance on the 23rd day of
January, 1985.
Read by title and passed on final reading on the 4th day of
February, 1985.
Published by title as Ordinance No. ____ , Series of 1985, on
the 6th day of February, 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 published by title as Ordinance No. ___ , Series
of 1985 .
Gary R. Higbee
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Form 6 -AC-02 A
:DE PARTMENT OR AGENCY NUMBER
: CONTRACT ROUT I NG NUMBER
C 0 N T R A C T
THIS CONTRAC T, made this~~ day o f , 1984, by
and between St ate o f Co lorado fo r t he us e and benefit of the De -
partment of Nat ural R es ou r c ~s acti,g by and through the Colorado
Water Conservat ion Board , ".e i n a fter r e fe rred t o as the state,
and City of En gle.,ood, d bocly poli tic and c orporate whose address
is . Eng l e.,ood , Colorado
hereinafter referred t o a• the Li ty,
WHEREAS, au tho r i t y ex i sts i r the law and funds
budgeted , appropriated and otherwise made available,
cient unenc umbered ba l a nce t~ere o t r emain s available
have been
and a suffi-
for payment
in fund number G/L a ccoun t number ~~~~~~-' con -
tract encumbrance number ~~~~-~• and
WHEREAS , required ap prov d l , ~i earanc e and coordination has
been accomp lis hed from a nt wi t h apo r opri ate agencies; and
WHEREAS , t l.e Un •tec! ~•· "t~s A:o•r '-or p s of Engineers, herein -
after referred t o as the Corns, nas f~rmul a te d plans and designs
t o iaprove the f l o • • t "'i: • r t ,. •.,n:i e l o f the So uth Platte
Ri ver in the Coun t!' • t Ar ,,.~hO" . -t nt' S ate o f Col orado , through
a construc t ion p r OJ"C t ~11o •n a s t ·.,. Sot.•h Platte River c hannel
improvement p ro ject, he reina •t er re fer r ed t o a;; the pro j ect; and
WHEREAS , as projec t spon3cr , tht! state is required to ob-
tain lands and right,; i n .i~d; "·· -~~aary f or const ruct ion of the
pro j ect; a nd
WHEREAS , t he ~1ty i ~ o "'ne1 o! cert ain parcels of real prop-
erty des ignat ed as parce l ~ 1 10, 11 6 a nd 117. These parcels are
leg all y des c r ibed h .ippe ncti xes .\, B, and C, respectively, wh ic h
are attached hereto a rid made pdt he r .:of, loc a ted wi thin the
area of the pro ;e l dnd;
WHEREAS , ~hi ~~Jr-. . rlc
tle in fee o r per;r.i· .... \: •·a~~.n ... •t ...
t1:~ 1s r equired to obtain ti-
:hu se parc els ; and
WHEREA S, t t.e '"Y ". ,:. .... '.J·.e aqre ed on the terms under
whi ch the citv will · ran•fe t ne uarcelh to the state in exchange
for c erta in goo ar, valua :~ .o siu~rJ:1~n specified below; and
WHE REAS, t.1 ~ dt" .ir-1 • .. ., _, t •a,e agreed that the city
shall grant an edJ!l1't>nt ! r '"· r·o. 3r)' con struction access and to
allo w the pla ~e ire .t1 n! ! . n.a1 ~'Id• o, p ar•el 110-A-lTE, legally
described in appe n~1 • D and·
WHEREAS , t he r1• / 01 ' 1 tcn~fit t ron1 the placement of fill
mat e rial parcel !JC A 'T~ a.•j rom the com pletion of the project
which wtll protec it~ reJ 1 en t J a nd th e i~ property from flooding
of the South Platt e Ri ver.
NOW THEREr'C'llf •t .•. I • ~·:r dg rt'.!d t hat:
l. Th e ry d •~•a ., •t •o t he s tate the real prop-
erty desig nat ed dS pdr " !10 b/ ~ .,pod and sufficient special
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warranty deed(s) free a nd cl ear of all l i ens and encumbrances as
evidenced by a cert i f i ca t e o f t i tle insurance issued at the
state's expense. The deed (s) shal l be de li vered to the state
within fifteen (15 ) days of t he f i nal execution of this contract.
2. The c i ty agree s to execu te the permanent easement at -
t ached hereto as appendix E i n favor of the state which will al -
low the construct ion and permane nt maintenance of the project
across parcel 116 and 11 7 . The ci ty agrees to execute the ease -
ment with i n fifte en days of t he f i nal exec ution of this con-
tract.
3. In cons i deration of the c onveyances from the city de-
scr i bed in paragraphs l and 2 a bov e, the state shall place or
cause to be placed on to pa rc e l 11 0 -A-lTE sufficient fill materi-
al to raise the surface e l ev ation o f the par c el to a minimum ele-
vat i on of 5,266 fee t . The top t vo fee t (2 ') of fill material
wi ll not have any roc ks larger han f o ur i nc hes (4") in diameter
while the top one f oo t (l') will not hav e an y rocks larger than
two inches (2") in d i ame t e r . In order t hat the fill may be
placed on parc e l 110-A-lTE, th e c ity agrees to execute the tempo-
rary easement attach e d here o lS append i x G with i n fifteen (15)
days of the fin a l execu t ion o f tr.is c ontract.
4. In further con si d e r a t ion of the c onveyances by the
city described i n paragra p hs l and 2 above, the state agrees to
extend its best efforts to caus e the c om pl etion of the project
which will protect the c ity of Engl ewood and residents from the
dangers and damages resu l ting f r om the flooding of the South
Platte River.
DELETED
5. Te parti ~ t:a v et lso aJ,;r ed o n t ter by w icv the ci y wil reloc a a si x een i nc (16") w ter p pelin , par
of wh · h i s ocat ed ithin e bo ur .Hies o f the p oject The
term of th agr eem n~ a"e •" f o -• 1 in the ti l i y rel at ion
agre ment ttach ed ere·o~ ~ .1;:ip~ix H an mad e a part hereo •
The parti s a gree t o e x e~~~ ""Jt ag r e em en c on mpora eously
wi the xe c ut i of this Lfi ntr c t.
6. Th i s con ra c shall ex ~nd to and be binding upon the
part i es he r e to, their respe c · ,~ heirs, dev i sees, executors, ad-
mi n i strators , l ega l reprPse n ta tive•. successors and assigns.
7. Th i s contract e ~bo J i es a l l agreements between the
p ar ti es hereto a nd ther• are 10 p r -~ises , terms, conditions, or
o b li gations re fe rr ing to the suhJert ma t t e r hereof other than as
herein c o n ta i ned.
6. The par ie;; ~er·•··: . ·r r~sen r a nd affirm t hat t he s i g -
natori e s to this agreem n t d•· r qui l v au•horized t o b i nd t he
parti e s .
9. The la ws of •h ~ ~t .•; YI C0.rrado and rul es a nd reg u-
lations issued purSJdr r r he·e· :.h .. l l he .ippl i e d in the i nterpre-
tation, ex ecution and ... .,r J:-,~.u~~lt cf t ili s c on t r a ct. Any prov i-
sion of this (':Qfitract 'J 1!/". ti~ I r\l J! ,-orpora ted he r e in by ref -
erence v hi c h provides !G . a., ra• n ~"i any ex t ra -j ud ici a l body
or person or wh ich is •r • n -,l1 : l .-t with sa i d l aws, r ul es
and regulation s "hall bt c,.,~,,,., ... .-,.J nu ll and vo i d . No th i ng c on-
tained in a ny provis ion 1n c orr ·urdt a herein b y r eference vh ic h
purports to negate h is ur a :i y <>t her spec:al pro v i s i on i n vho l e
or in p ar t sha 11 be val 1rl o ; 1 f '" ... at.le o r a va i !able i n any a c-
t ion at law whether by Wn/ ~ ro ~r rlint , defen se or otherwise.
Any prov ision rend red n u l I a n,, 111Hd b y the o perat i on of th i s
provision v ill no t i rval 1dd e "h• r emai nder o f t h i s c ontrac t t o
the extent that hi: r on1 "" .: •~ r .1p.ib le of execut i on.
10. Th e s1gnJ tO< •~, '• ••• a1e r na the y are fam ili a r
with 16 -8 -301, et s ·l·, •t,r i t •q n::i ~orrupt infl uen c es ) a nd 18 -
8 -401, et seq., (abub~ o! pu~lic off ice>, C.R.S . 197 3, as
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amended, and t ha no vi olation o t ~uch prov1s1ons is present.
11. The s i gnatories dVer Lh at to their knowl edg e, no
state employee has any personal or beneficial interest whatsoever
in t he service or prope rty described herein.
IN WITNESS WHEREOF , t he p;irues hereto have executed this
agreement on t he day first above wr1tt~n.
CITY OF ENGLEWOOD
BY: -------------------------Mayor , Cit y of Engl e wood
BY: -------------------·
City Manager
Attest: ---------------------
Town Clerk
DEPARTMENT OF ADMJN !STRA TJON
DIVISION OF S1'ATE BUI LDJNf';S
BY: -----------------------
ATTORNEY GENERAL -DUA tH; WOG">.'t 1
BY: ------------------------A. H. JEWELL, JR.
Ass1stan A t rn~y G~ •r
STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
BY: --------------------------
~XECUTIVE D!REC'l'OR
DE PARTMENT OF NATURAL RESOURCES
CO LORADO WATER CONSERVATION BOARD
BY: --------------------------
Deputy Director
D~PA RTHENT OF ADMINISTRATION
PURC HASI NG DIVISION
BY: --------------------------
::, T ;, ~I-.. CONTROLL ER -JAMES STROUP
UY: -·------------------------
AG A I ;n.1 Nr\ w • HIJLP
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in ~ t~~o ~~h ~g~ g~~~~r~g 1 8 bLH ~SA~A~~~OURCE
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Attu :.t :
C J 'l'Y Qf'... C NGLE W ~Q
l Lolo rad o Mu nei1 pal (Sl::ALJ I cor pora
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EA SEMENT
THIS AGREEM ENT, made this day of ' 198 ' ~y and between the City of Englewood , of the County of Arapahoe
in the State of Colorado , a body politic and corporate whose ad -
dress is 3 4 00 So. Elati St., Englewood, Colorado 80110, hereinaf-
ter referred to as the grantor, and the State of Colorado act ing
by a nd t hrough t he Department of Natural Resources for the use
and benefit of the Colorado Wa te r Con servation Board hereinafter
referred to as the grantee;
WHEREAS, aut ho r ity exists in the law; and
WHEREAS, required a pproval , clearance, and coordination has
been accomplished from and wi th app ropriate agencies; and
WH ERE AS, the Un i ed States Army Corps of Eng ineers has for-
mu l ated pla ns and des igns to i mprove the low of water in the
channel of the So uth P a l te Ri ver, hereinafter the river, in the
County of Arapahoe in t he S at e o f Colorado, through a construc -
t ion pro j e ct known a s tl1e Sui.t h P atte Ri ver Improvement Project
hereinafter the p roj e c t; a nd
WHEREAS, as project sponso r t he grantee ia requ i red to ob-
ta i n the necessary right of way f o r the project including rea l
property and certain rights i n real property; and
WHEREAS, the grantor 1s t he o wner and in possession of a
certain parcel of real p ro,ert y w hi~h is in the pro j e c t area.
Sa id real property has bt:e n des ign a ted as parcels No. 116 and 117
and are more pa rticularl y de sc ri bed by their legal description
which are a ttached h ereto dn d i s incorporated here i n by referenc e
as appendixes B and C, he r e a t :er bo th r ef erred to as the "proper-
ty.•
WH ERE AS , the g ran to r wi s hes to obt a i n and the grantor
ag r ees to grant a perpet ual e a s e ~ent ov er the property for access
to and construction and mu 111t e na nc " of that portion of the
pro j ect wh ich crosses th" pro perty; and
WHEREAS, the pro j e ct 1s o f grea benefit to the granter and
therefor this easement shall be g ranted without monetary consid-
eration.
NOW THEREFORE , It lS he r eby agreed th at;
1. Grante r here by g r ants to the grantee, its heirs, suc -
cessors , a nd as si gris a permar.Ln t b .I Seme nt and right Of war upon,
over , a c r oss and through the propert y desc ribed in appendixes G
a nd C1 attached here:o and incorporated by reference as though set
fort h i n full fo r the purp~se of allowing the grantee, its con-
trac t o rs , emp loyees , agents and a ssigns to construct that portion
of t he here1nbef ore dcscr1brd p r o)eCt whi ch affects the property.
2. Th is g r dnt of e ~~~e nt s hall be perpetual , shall r un
wi th the land , and shall be bind i ng upo n the parties and any suc-
ces sors in i nt erest .
J , Th e 9rdn or do s rereby covenant vith the grantee
t h at grantor 1s law full y ~e 1z ed and possessed of the property
above de sc r 1bed , the gr d ntor ha .i a 9 ood and lavful right to con -
vey the property or an y pdrt ther t:o f, that the above described
easeme nt a nd ri g ht o f wa y 1s f r ee o f a ll encumbrances and that
grant o r wi l l for e ver war r an t a nd de fe nd the t i tle thereto against
the l a wf u l cl a ims of a l l pPr ons whombo ever.
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4 . The c o nsi derat i on for this easement i s the best ef-
f o rt of the grantee to cause the con struction and completion of
the pro1 e c t in a timely manner, wh ic h project will protect the
residents of the grante r from injury a nd damages from flooding.
5. Granter reserves the right to use said easement and
r igh t of way for purposes which will not interfere with grantee's
full enjoyment of th e rights hereby gra nt ed; provided that the
granter shall not erect or construct any building or other struc-
ture or drill or operat e any well or remove any soil, sand or
gravel in sa id easement and right of way or in a manner that
wo uld alter the channel improvements made by grantee; noth ing
herein c ontained shall proh i bit the granter from constructing,
maintaining, expanding, or rebuilding a bridge across the South
Platte River. Any plans for the c onstruction of a br idge must
meet wi th approval of the Army Corps of Engineers, Omaha Dis-
trict.
6. Gra n ter furth e r g rants to grantee the right of in-
gress to and egres s from sai d strip over and across said lands by
means of roads a nd l anes t hereo n i f such there by; otherwise by
such route or ro u tes as sha l l occasion the least pract ical damage
and inconven i ence to grant e r.
7. Grantee or its assign s, contractors or employees cov-
enant and agree to perform a ny const ruction, maintenance , service
or repairs with dispatch and care and upon completion of any op-
eration shall repa i r any damaged done to the grantor 's fences,
roads, lanes, paths, or other improvements . Any damaged trees
and shrubs which are not removed under the project shall be re-
placed, if destroyed by the grantee or its assigns, contractors
or employees.
8. Gran tee agrees to notify the granter at least ten
(10) days prior to und er taking any c onstruc tion, maintenance, re-
pa i r or serv ice activi ty . Said notic e shall be by f i rst class
mail postage prepaid to the Offi ce o f he City Manager, City of
Englewood , 3400 So. Elat1 St., Englewood, CO 80110, Attn:
9. The la~s o f the S ate of Col orado and rules and regu -
lations pursuant thereto shall be a pplied in the interpretation ,
execution a nd enfor c ement of t his contract . Any provision of
this contract, whether or not incorporated herein by reference
wh ich prov ides f o r arbitrati on by any extra-judicial body or per -
son or wh ich is otherwise in conflict wit h said laws, rules and
regulations, shall be considered null a nd void. Nothing con-
tained in any provision in co rp o r~t ed her e i n by reference whi c h
purports to nega te th1~ or an y 0 ther specia l provision in who l e
or in part shall be va.id or ~ntor c edbl e or available in any ac -
tion at law, wh ether by way to compl ai n t, defense or otherwise.
A provision rend ered null and void by th e o perat ion of this pro-
v ision will not invali d a te the r~mainder of th is contract to the
extent that the contrac t is capa b le of execution.
10. The signatories hereto aver that they are fam ili ar
with section 18-8 -301, C.R.S., (Bribery and Corrupt Influences)
and section 18-8 -401 , C.R.S., (Abuse of Publ i c Office), as
amended, and that no violation of such provision is present.
11. The signato ries aver that to their knowledge, no
state employee ha~ any personal or beneficial interest whatsoever
in the service or project, described he r ein .
JN WITNESS WHERE Of , the parties hereto have executed th i s
contract the day and y ea r f irs t above wr i tten •
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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 hereinafter referred to as
the grantor and the State of Colorado for the use and benefit of
the Department of Natural Resources acting by and through the
Colorado Water Conservation Board, hereinafter referred to as the
grantee or the state,
WHEREAS, authority exists in the law and funds have been
budgeted, appropriated and otherwise made available and a suff i-
cient unencumbered balance thereof remains available in fund Num -
ber , Gi l account Number , contract encum-
brance Number ; and
WHEREAS, requ i red approval, clearance, and coord ination has
been a ccom plished 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 known as the Platte River Channel -
ization Project hereinafter referred to as the project; and
WHEREAS, as project sponsor the grantee must purchase or
otherwise acquire easements, rights-of-way and other interests in
real property wh ich are necessary for construction of the
project; and
WHEREAS , the granter is the owner and in possession of cer-
ta in real proper ty located contiguous to the project r i ght -o f-
way; and
WHEREAS, the grantor wishes to acquire and the granter is
willing to grant a temporary construction access and fill ease-
ment, hereinafter referred to as the easement.
NOW THEREFORE, it is hereby agreed that;
l. For and in consideration of the payment hereinafter
stated and the keeping of the covenants and agreements hereinaf -
ter expressed, granter hereby g rants and conveys to grantee a
temporary construction a ccess and fill easement for a period of
24 months commencing January l, 1985. The easement shall be on,
over, and across that property wh ic h is described in appendix D,
wh ich is atta ched he reto and incorporated by referen c e , and is
hereinafter r efe rred to as the property.
2. Grantor and grantee have mutually determined that the
construction of the pro j ect and the placement of fill material on
the property according to the specifications of the Corps of En -
gineers wh ich have been provided to the cit y is good considera -
tion for the grant o f this easement.
3. The easement shall c ommen c e on January l, 1985, and
extend f or a per iod o f 24 months throug h December 31, 1986 at
wh ich time it shall be of no f urt her force and effect .
'· The easement shall include the right to permanently
fill areas wh ich li e below the design water surface profile as
determined by the Corps. Said permanent fill material shall con-
sist of s and, d ir t, rock, or other s imi lar materials whi ch shall
not contain debris or other unsuitab l e materials or it ems and
shal l be of a sim ila r nature to the materials comprising the con -
tiguous terrain. The f inal grade of the f ill ed area sha ll aatch
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tha t of the con tiguous terrain so t hat no water will stand on
said filled area , but will flow to the river. There shall be no
dens ity control over sa id permanent f ill material .
5. Th e easeme nt shall also include the right for the
grantee to e nt e r onto the property for purposes of construction
of th at portion of th e proj ect whi c h is adjacent to the easemen t.
Sa id right shall incl ude th e movement of vehicles, machine ry and
equipment a cross he prope rt y.
6 . Th e easement shal l also include the right for the
grantee to use the property for mobilization of labor forces, as
a staging area for c onstructi on equipment, vehicles and materi -
als, and for use as a temporary stockp il e area for ex c avated ma -
terials.
7. The grantor does he reby covenant wi th the grantee
that grantor ·s lawfu ll y seized and possessed of the property,
the grar.tor has good and lawful right to convey sa i d property or
any part thereof, and grant o r will forever warrant and defend the
t itl e there to a gainst the lawf ul cl a im s of al l persons whomsoev -
er .
8 . The provisions hereof shall be binding upon the par-
ties hereto , their agents, contra cto rs, successors and ass i gns
and shall run wi th the land.
9. In the event that the grantee contracts for any work
to be performed on the property , grantee shall requ ire its c on -
t ractors , ex c ept the United States and the Un i ted States Army
Corps of Eng i neers, to i ndemn i fy, save and hold harmless the
grantee and the granter from any and a ll claims or liabilities
whatsoeve r f or injury or death t o persons or damage to property
arising from the contractor's actions or ina ctions.
10. This agre eme nt sha ll not be deemed valid until it
shall have been approved by the controller of the State of Colo-
rado or such ass istant as he may designate. This provis i on is
applicable to any contract involving the payment of mo ney by the
state.
11. Financial obligations of the state payable after th e
current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted or otherwise made ava il able.
12. The laws of the State of Colorado and rules and r eg u-
lations pursuant thereto shall be applied in the interpretation,
execution and enfo rcement of this agreement. Any provisions of
this agreement, whe ther or not incorpo rated herein by reference
which provide for arb it rat ion by any extra j udicial body or person
or which 1s o herw1se 1n conflict with said laws, rules and regu -
lations, shall be considered null and vo i d. Nothing contained in
any provision incorpora ed herein by reference wh ich purports to
negate this or a ny other provision in whole or in part shall be
val i d or enforceab l e o r avai l able 1n any a c tion at law, whether
by way of comp l ain t, defense or otherwise. A provision rendered
null and vo id by the operation of this provision will not invali -
date the remainder of this ag reement to the extent that the
agreement is c apable of execu tion.
13. The s1 gnator1es heret o aver that they are familiar
with section 18-8-301 to 18 -8 -30 8, C.R.S. (1973), (bribery and
corrupt influences) and section 18 -8-401 to 18 -8 -408, C.R.S.
(am nded 19771 (abuse of publ ic office), and that no violation of
uch prov ision is pr sent.
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14. Upon the expiration of this easement, grantee shall
exec ute, in recordable form, an instrument evidenc i ng the expira-
tion of sa id easement, which instrument shall be delivered to
grantor.
IN WITNESS WHEREOF, the parties hereto have executed this
cont ract the day and year first above written.
GRANTOR
By: --------------------------
Title:------------------------
ATTEST: ----------------------
TITLE: -----------------------
SEAL
APPROVALS
DEPARTMENT OF ADMINISTRATION
DIVISION OF STATE BUILDINGS
By:---------------------------
ATTORNEY GENERAL
DUANE WOODARD
By: --------------------------
A.H. JEWELL, JR.
First Assistant 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
Sy: --------------------------
AG Alpha No. NR WC HULP
AG File No. DNR8403613/1SC
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GRANT OF FASEM E."l'I'
Par cel 114
TH I S GRANT OF AN FASEMENT ("th i s Grant") is made this
day o f , l.9 8 by the CITY OF ENGLEWOOD, COLO~
("Granter"), whos e add ressis 3400 s. Elati Street, Englewood,
Co lor ado 80 110 , t o t he srA'I'E OF COLORAOO, by and through the
DEPAR™ENT OF NATURA L RESOURCES for the use and benefit of the
WATER CONSERVATION BOARD ("Grantee") , whose address is 1313 Sherm a n
Street, Denv e r, Colorado 80203.
The parties covenant and agree as follows:
1. Easene nt Propert~. The "Easenent Property" shall mean
the real property located rn the County of Arapahoe, State of
Co l orado, mor e particularly described on the attached Boundar y
Survey of Parcel 114.
2. Consider ati on. 1\s consideration for this Grant, Gran tee
s hal l pay to Gr an t e r t he SI.Ill of On e Dollar ($1.00 ) and othe r good
and valuable considerat ion paid by Grantee, receipt of whi ch is
hereby acknow ledged by Gr anter.
3. Gr ant of Eas ene nt . Gr a nter he reby gr a nts to Gra ntee , its
successors--aruf"assigns , no ne xc l usive ea sene nt over, und e r, ac r oss
and thro h the Eas en Pro pe rty fo r the pu r pose of c on s t ructing ,
o r ating, mai aining , repairing , replac ing , r enoving and
enlarging ':hos• s ruc+c.ur !,> or impr ov enents o f Gi:ante ha Grc.nt c
finds necessai:y 0 1 desi reable t o pass the fl ood wa ters of the
Chatfield Olannel Pro )ec t, as d term ined by t he U.S. Ar my Co r ps of
Engi neers , and also for access t o the Ol a tfi eld Pro ject Ol anne l
improvenents , exc p at said rights shal l no in t erfere wi h the
punping s ation of Granter.
4 . Ace ss . Gra n tee s hall have the perpet ual , nonexclusive
right of i ngress a nd eg r ess i n, t o, over, throug h and across the
Easenent Proper ty f or a ny pu rpo se nece ssa ry or de sir a ble for t he
full enjoyment of the rights granted to Grantee und er thi s Gr ant .
5. SubJacent and Lateral Support . Gr anter covenants and
agrees tha Grante shall have the right of subjacent and lat ral
support on th Easenen Property to whatever extent is necessary or
desirable fot the full , canplete and und;stur bed enJoyment of the
ti hts g ran ted to Grantee under this Grant .
6 . Rights of Granter . Granter reserves the full right to
the un disturbed ownership , use , and occupancy o f t he Ea s ene nt
Pro perty insofar as &:Jid own e r ship , use , and occ upanc y is
consistent with and does not impair t h rights gra nted t o Gr antee
in this Grant.
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7. Abandonm ent . In t he event th at Grantee shall abandon t he
r ights grant e d t o it under this Grant, all right, title and
interest hereund er of Grantee shall ceas e and terminate, and
Grantor shall ho ld the Easement Property, as the same may then be ,
free from the ri ghts of Grantee so abandoned and shall own al l
ma t erials and structur e s of Grantee so abandoned , provided t hat
Grantee sha ll have a reasonable period of time after said abandon-
ment in which to remove any or all Lines and Appurtenances fro ~ t he
Easement Pr o perty. In the event that Easement is abandoned by
Gr a ntee, Grantor shall have the right, at its sole option, t o
require Grantee to remove or neutralize any improvements
constructed in the Easement by Gr a ntee, except for improvements
built by t he Grantee for the Grantor.
8. Warranty of Title. Grantor warrants and repres ents that
Granter is the fee simpl e owner of the Easement Property and th at
Grantor has full right, title and author ity , and that this Gr ant i s
effectiv e to gran t and convey to Grantee the within descr ib ed
easemen t. Gr a nte r fur th er covenants and agrees to indemnify,
de fe nd and hold Gr a ntee harmless from and against any adverse claim
to the title of the Ea semen t Prope rty by all and every person or
p er sons lawfully claiming or to clai m the whole or any part
thereof.
9. Binding Eff~ct. This Grant shall extend to and b e
binding upo n the hei r s , pers o n al r e pr e s e ntatives, success o rs and
assigns of the re spective p arti es hereto. Th e term s, co vena n ts ,
agreemen s and cond i tions in t h is Gr a n t shall be construed as
c ov enants running with the la n d .
I WIT NESS WHERE OF , the part ie s hereto have executed this
Grant of Water Lin e Easement the day and year first abo v e wr it en .
GRANTOR:
ClTY OF ENGLEWO OD , COLORADO
A est:
By ___ _
Eugen e L . O is , Mayo-r--
Gary R . Higbee
ex officio City Cl rk-Tr ea surer
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STATE OF COLORADO
ss .
COUN TY OF ARAPAHOE
The foregoing instrument was acknowledged before me t his
day of , 19~ by Eugene L. Otis as Mayo r an d Gary
R:""l11gbee as ex of f1c 1 0 Ci ty Clerk-T r easurer of the City of
En gle wood , Colo rad o .
Wi ness my hand and official seal.
My Co mm i ss ion e xp ires :
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Not a ry P ublic
Addres s :
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ORDINANCE NO._$__
SERIES OF 1985
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BY AUTHORITY
9
COUNCIL BILL NO. 3
INTROOUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE REPEALING ORDINAOCE NO. 12, SERIES OF 1982, REGARDING
MUTUAL AID AGREEl'IENT FOR POLICE SERVICES.
WHEREAS, a proposed mutual aid agreenent for police services
among mun i cipal law enforcenent agencies was proposed but not
consumnated; and
WHEREAS, such an agreenent is not now deaned t o be available
to nor requ i red by the prospective parties thereto;
NCM, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CI TY OF ENGLEWOOD, AS FOLLOOS:
Section 1.
of 1982.
City Council hereby repeals Ordinance No. 12, Ser ies
Introduced, read in full , and passed on first read i ng on the
21st day of January, 1985.
Publ i shed as a Bill for an Ordinance on the 23rd day of
January , 1985.
Read by title and passed on fi nal reading on the 4th day of
February, 1985.
Pub lish by ti le as Ordinance No.~-2$1~-' Series of 1985 , on
he 6th day of February , 198 5 .
At es Eugene L. Otis, Mayor-
I , ry R. Hig~, ex off 1c10 City Clerk-Trea surer of the Ci y
of Engle\ooO od, .olor o , hereby certify th t the bove and foregoing
is a rue , ccurate nd plete copy o f the Ordinance ~s ed on
fin 1 reading nd publish by title as Ordinance No.--1(._, Series
of 1985.
Gary R. Hig bee
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ORDINAOCE NO. (}
SERIES OF 198~
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BY AUTHORITY
C<:X.Jl«::IL BILL NO. 8
INTRODOCED BY COUNCIL
MEMBER VOBEJDA
AN OROINAOCE AUTHORIZING EXEX::UTION OF QUIT CLAIM DEED CONVEYING
CERTAIN TRACTS OF CANO AND VACATING CERTAIN EASEMENTS IN CENTENNIAL
SHOPPING CENTER AND APPROVING EASEMENT FRQ1 CENTENNIAL SHOPPING
CENTER TO CITY OF ENGLEW(X)[) FOR A N~ WATER LINE.
WHEREAS, on Decanber 11, 1959, the Valley Developnent
Corporation granted to the 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 tract; 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
remodeling the said shopping center ; and
WHEREAS, because of the remodeling of the shopping center,
the City of Englewood and Englewood/Centennial have agreed that two
of the wells shall be reconveyed to Englewood/ Centennial and their
respective easements vacated, Englewood/Centennial will grant to
the City of Englewood a new 20-foot wide water easement over and
across a portion of the shopping center;
Na-I, THEREFORE, BE IT ORDAINED BY THE CITY OF ENGL~OOO, COLORADO, AS FOLLGJS:
Section 1. City Council hereby authorizes the execution of
the Quit Claim Deed conve!ying certain tracts of land and vacating
certain easements in Centennial Shopping Center, '*1ich is owned by
Englewood /Centennial Par t.ner ship, Ltd., a copy of '*1ich deed is
attached hereto as At tachment 1 and incorporated herei n by reference .
Section 2. The Mayor and ex officio City Clerk-Treasurer are
authorized to sign and attest said qu it claim deed for and on
behalf of the City Coun cil and the City of Englewood.
Section 3 . City Council approves of the Grant of Utility
F.asement for water Lines fran Englewood/Centennial Partnership,
Ltd. to the City of Englewood, a copy of '*1ich easanent is attached
hereto as At tachment 2 and incorporated herein by reference.
Introduced, read in full, and passed on first reading on the
21st day of January, 1985.
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Published as a Bill for an Ordinance on the 23rd day of
January, 1985.
Read by title and passed on final reading on the 4th day of
February, 1985.
Published by title as Ordinance No. , Series of 1985, on
the 6th day of February, 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 C.'Opy of the Ordinance passed on
final reading and published by title as Ordinance No. , Series
of 1985. ---
Gary R. Higbee
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QUIT CLAIM DfED CONVEYING CERTAIN ~ACTS Of LANO AND
VACATING CERTAIN EASEMENTS JN ARAPAHOE COUNTY. COLORADO
BY AND BETVEEN THE CITY OF ENGLEWOOD AND
TlfE ENGLEVOOD/CENTENNIAL PARTNERSHIP. LTD.
DATED TlflS DAY OF 1984
TlflS DEED, is made th is _ 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. Englewood ,
Colorado 80110, and Englewood/Centennial Partnership Ltd., a Colorado limited
partnership, ("Englewood/Centennial") of t~e second part, whose legal address
is 1410 Grant Street, Suite A-10 1, Denver, Colorado 80203.
Englewood/Centennial is the successor in interest to the Valley
De vel opment Corporation. On December 11, lgsg, 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 con truct water wells and ea seme~ts to
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each such tract. The City of En gl ewoo~ and Englewood/Centennial have agreed
that two of the ~ells shall be reconveyed to Englewood/Centennial and their
respective easements shall be vaca ed.
The City, for and in considera ion of One Dollar, paid by
Englewood/Centennial, the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents does remise, release, sell, convey and QUIT CLAIM unto
Englewood/Centennial its heirs, successors and assigns, forever, all the
right, title, interest, claim and demand which the City of Englewood has in
and to the following described lots or parcPls of land situate, lying and
being in the City of Englewood, County of Arapahoe and State of Colorado, to
w1t:
See leg11 description 1tt1ch~d as Exhibit A
Att:achmcnt 1
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Together with all and singular the hereditaments and appurtenances thereunto
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 hered1taments 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 day and
year first above written.
CITY or ENGLEWOOD
y:
Secretary
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EXHIBIT A
to
Quf t Claim Deed Conveying Certain Tracts of Land
and Vacatfng Certain Ease11ents
Two rectangular tracts of land 9 feet by 12 feet situate in the southwest one-
quarter of the southeast one-quarter (SW 1/4, SE 1/4) of Section 8, Town ship 5
South, Range 68 West of the 6th Princip al Meridian; together with the wel l ~
th ere on , hereinafter designated resp ectively as Wells No . l and 2; t he
l oc ati on of said tracts of land being more partfcularly described as follow s :
Tra ct No. 1 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 g fee t en d
bei ng parallel with and 90.5 feet east of the west line of said sou t heas t one-quarter (SE 1/4);
Toge t her wi th all improve ments thereon; an d
To qether with an easement over, ac r oss, th r ou gh and under a str i p of la nd 8
f eet i n width s i t uated i n s ai d so ut hwest one-quarte r of southeast one-quar ter
(SW 1/4, SE 1/4) of sa i d Se ct i on 8 , Tow nsh i p 5 South, Range 68 West, e xt ending
east from said Tract No . I to a line par al lel wi th and 651 feet east cf t he
wes t l i ne of sa i d so uthe ast one -quarter (SE 1/4) of Section 8, Townsh ip 5
Snuth , Range 68 We st ; s a id strip ~ei n g 4 feet on ea ch s i de of a line parallel
with and 419 feet north of the south line of said Section 8, Tow ns hi p 5 South ,
Range 68 ~es t ; for the purpose of ~a i ntaining and r e pa iri ng a wa ter line,
toget her wi t h the r ight of ingress and egress acro ss s a i d s t r i p f or such pur pose s .
Tract No. 2 for Well No. 2 -The sou h 9 feet end being pa ral l el with and
805.5 feet no r th of t he south l ine of said Section 8 an d the west 12 feet side
being parallel with and 465 feet east of the west line of sa i d southeast one-quarter (SE 1/4 );
Together with all improvements thereon; and
Together with an easement over, acro ~s. through and under a strip of land 8
feet in width situated in said southwest one-quarter of southeast one-quarter
(SW 1/4, SE 1/4) of said Section 8, Township 5 South , Range 68 West, extending
east from said Tract No . 2 to a l i ne parallel with and 651 feet east of the
west line of said southeast one-qua .. ter (SE l/4) of Section 8, Township 5
South, Range 68 West; said strip t ei ng 4 feet on each side of a line parallel
with and 814.5 feet north of the south lin~ of said Sectfon 8, Township 5
South, Range 68 West; for this purpose of maintaining and repairing a water
line, together with the right of ingress and egress across s aid strip for such purposes •
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lJTILJTY EASEMENTS FOR WATER LINES
The Englewood/Centennial Partnership Ltd., a Colorado limited partnership
("Gr anter"), whose legal address is 1410 Grant Street, Suite A-101, Denver,
Colorado 80203, hereby acknowledges receipt of Sl.00 from the City of
Englewood, a municipal corporation, ("City") whose legal address is 3400 South
Elati, Englewood, Colorado 80110, in consideration of which Granter hereby
grants to the City, its successors and assigns, easements to construct,
operate, maintain, repair and replace water lines and all fixtures and
devices, used or useful in the operation of said water lines, through, over,
under, across and along a course as said water lines may be hereafter
constructed an~ replaced in the City of Englewood, County of Arapahoe, State
of Colorado, legally described as follows:
See Exhibit A
The easements are 20 feet in wi dt h.
Toge ther with the right to en ter upon said preffiises, to survey,
construc t, mainta in , operate, repair, replace, control and use said wa ter
lines and related fixtures and devices, and to remove objects interfering
therewith , incl ud ing the trilTW!lin g of trees and bushes, and together with the
right to use so much of the adjoi ning premises of Granter during surveying,
construction, maintenance, repair, removal, or replacement of said utility
lines and related fixtures and devices as may be required to permit the
operation of standard utility construction or repair machinery. The Granter
reserves the right to use and occupy the easements for any purpose consistent
wi th the right and privileges above granted and wh ich will not interfere with
or endanger any of the said City's facilities therein or use thereof. Such
reservation by the Granter shall in no event include the right to erect or
cause to be erected any build ings or structures upon the easements granted or
Attachment 2
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to lo cate any mobile home trailer unit s thereon. In case of the permanent
aoandonment of the easements all right, privilege and interest granted shall
terminate.
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 t~is grant is effective to grant and convey to grantee the utility
easement. Granter further covenants and agrees to indemnify, defend and hold
Grartee harmless fror.. 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 therof.
The work of installing and maintaining said lines and related fixtures
and devices shall be done with care; the surface along the easements shall be
restored substantially to its original level and condition.
19
Signed this ____ day of ______________ _
WITNESSES: GRAHTM :
Englewood/Centennial Partnersh ip , Ltd.
By : Bruce F. Heitler, General Partner of
Jethro Partners, 1983
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STAT~ or COLORADO
CITY AND
COUNTY OF DENVER SS.
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The foregoing instrument was acknowledged before me this day
of , 19 by BRUCE F. HEITLER, general partner of Jethr o Partners, 1983, gen~ral partner~Englewood/Centenn1al Partnership, Ltd.
My conrn1ssion expires-------------------
~itness my hand and official seal.
Notary Pub 1 ic
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UT ILITY [A,S[llf.l;Ts ff>R ll"HR LltJf S
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LEGA ~ DES CRIPTION -WATER LINE EASEMENT
DECEMBER 17, 19 3~
CENTEn;IAL. SH'..>PPING CENTE
J09 8022
PAG E 2 OF 2
A 20 .0() FOOT WIDE ro;-EXCLUSIVE WATE r. LINE EASEMENT OVE R IWD A::Ross A PORTICl• c
THE lo.'EST Hb.LF OF THE SOUTKWES T ~AR TER OF THE SOUTHEAST QU ARTER OF SECTION o,
TO\o/N SHI P 5 SOUTH, ~E 68 WEST OF TH E SIXTH PRINCIPAL MERI DIAt J, CITY OF
ENGLEhQOO , COUNTY OF ARAPAJ-t:>E, STATE OF COLORADO , BEit~ 10.00 FEET OI .: EA CH
SIDE OF THE HEREON DESCRIBED CEN TERLIN:::
BASIS OF BEARING : WEST LINE OF THE SOUTHEAST QIJAA.TER OF SE CT IQ'-J "°, TOWt ;SH I P
5 sovrn, RANGE 68 WEST OF THE SIXTH PRJ~JPAL. 1-ERIDIAN,
BE 1,...,; CONSIDERED N::J0°00 ' OO"E
C()'ot-lEN CJNG AT THE SOUTH QUARTER CORNER OF SAID SE CTION 8; THG;~E NJ ::l "OJ 'OO"E
NC! ALONG THE WE ST LINE o r THE SOUTHEAST ()JARTER OF SAID SE CTIOI J 8 A DJSlAl>k E
OF 953 .23 FEET; THEN CE N ~9°4 G '3J "E A DISTANCE OF 5'.l.00 FEET TO A POl lH ()I;
TH t: EAST RIG>iT-O f -WAY LIN E OF SOUTH FED ERAL BOULEVARD; THHJ :E ~Sl 0 L.!:i 1 3J 11 E
A DISlANCE OF 60'.1 .25 FE ET; THEN CE SOCl"(IJ 'l 3 "E A DISTAN:E OF 10.~J FEET 10
Tl-£ POINT Of B EG l~ING; TH ENCE Si .9°4 G1 .)l "W A DISTAl·l:E Of t.7l.2j FE ET; TrlU.::..E S ~l')0 1)'29 "E A DISTAN:E OF 8 ~1 .() FEEl ; THEN:E St.'7°11 '24 "E A DJS TA~:E OF
2 02 .62 FEEl; lt£NCE S JO"'OO 'OJ"l<I /l DISTAN :E OF lG5.:?2 FEfl; TrlEN :E 53?0 3 '5?.5"1-
A DJSTAN 'E or 287 .0 J FE ET TO A PO IN T ON THE EAST RJG~T-OF-w,.;y LIN E OF SOUTH
FEDERAL BOU LEVAR D SAID POINT BEit-¥.; TH E POINT OF TE RMINJS f R()'-1 W'i ENCE THE
S ITH QUkRTE~ CORN ER OF SAID SECT IOIJ 8 BEARS S ~5°0€.'.:. "WA DIST Al;:E OF '.,Gl.E~ FEE .
T ABOVE EASEJ-l<:NT IS OA SED UPO'J A BOU!'l)AAY SURVEY A."D IMP~OVEMENT SURVEY 00'1£:
BY VTt>: COLORADO, l ., ENG INEE RS At.v SURVEYORS JOB NJ . 2220-00~ DATED FEBRUAA Y
l , 193 4 Mo0 A SU~VEY DON E BY MSM/SP GROUP BOtWARY SURVEY CENTD'-IHAL $1-fjPPJN:;
CENTER JOB NJ . 5123501 REVIS l ()o.I DATE l"ARCH 15 , 19e3 .
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9
BY AUTHORITY
ORDINAN::E NO. LO
SERIES OF 1985 COUNCIL BILL NO . 9
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINAJ-l::E APPROVING GRANT OF SEWER AND WATER LINE EASEl-1ENTS BY
1950 ORPORATION , INC., TO CIT Y OF ENGLEWOOD AT W. UNION AVE . AND
S. SANTA FE DRI VE , ENGLEWOOD , COLORADO .
WHEREAS, the developers of property at W. Union Avenue and
South Santa Fe Drive wish to i ns tall a sewerline a nd waterline in
the pro rty owned by 1950 Co rporation , Inc .; and
WHER EAS , the property own er desires to grant two sewerline
easenents and one waterline easenent to the City of Englewood for
the purpose oE cons tructing , operating, maintaining , repairing,
r e placi ng , removing a nd enlarging the lines and appurtances;
NCM, TH EREF OR E, BE IT ORDAINED BY THE CITY OF ENGLEWOOD,
COLORADO , AS FOL ~S:
Section 1 . City Counc il here by approves the Gr a nt of Sewer
and Wat e r Line Easements by 19 50 Corporation , Inc ., a Colorado
corpo r at ion, in favor of t he City of Englewood, Colorado, a c opy of
said Grant of Sewer and Wa ter Line Easenents is attached hereto and
incorpora t ed herein by reference .
Section 2. City Co un cil here by authorizes the Mayor and e x
officio City Cler k-Treasurer to sign and attest said Grant of Sewer
and Water Line Easenents on behalf of the City Council and the Ci ty
of Englewood .
Introduced , read in full , and passed on first read ing on the
21st day of January , 1985 .
Published as a Bill for an Ordinance on the 23rd day of
January , 1985.
Read by title and passed on final reading on the 4th day of February , 1985 .
Published by title as Ordinance No. , Ser ies of 1985 , on
the 6th day o( February, 1985 . ---
Attest:
EUgene L. Of1s, Mayor
ex off1c10 City Clerk-Treasurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Eng l ewood, Co lorado , hereby certify that the above and foregoing
is a true, accurate and c anplete copy of the Ordinance passed on
final reading and published by title as Ordinance No. , Series
of 1985 .
Gary R. Higbee
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GRANT OF SEWER AND WATER LINE EASEMENT
THIS GRANT of a sewer and water l i ne easement this "Grant") is
made thi s ~~-da y o f , 1985 by 1950 CORPORATION,
IN C ., a Colorado corporation, ("Granter") whose address is 3253 so.
Sa n ta Fe Dr i ve, En g l ewood, Colorado 80110, in favor of the CITY OF
ENG LEW OOD , COLORA DO , ("Grantee") whose address is 3400 South Elati
S tr e et , Eng l ewood, CO 80110.
The parties covenant and agree as follows:
1. Easement Proeerty. The "Easement Property" shal l mean the
r ea l property lo c ated i n th e Count y of Arapahoe, State of Co l orado,
more part i cu l arl y described on Attachments 1, 2 and 3, i nc o rporated
herein and made a part hereof by reference.
2 . Cons i d eratio n. As co ns i derat i on for th i s Grant, Gra n te e
has paid Gr a n ter the sure of One Do l lar ($1.00) and other good a nd
va l uab le cons i d e r ati on, the receipt of wh i ch is hereby a c kn o wledged
b y Gran t er .
3 . Grant of Easements.
A . Gr ant of Sewe r Easements.
Gr ante r h ereb y g rants to Gr a ntee, its successors and
assigns, per p e t ual , no nexclusive easements (the "Sewer Ea s e men t ")
over, under , across a nd t h ro u gh the Ea semen t Property for the
purpose of cons ructing , o perati n g , mainta ining, repa i ring,
replac i ng , removing and enlarging the "Li ne s and Appurte nanc e s ", as
hereinafter defined. The "Lines and Appur t e n anc es" shall mean o n e
or more water or sewer pipelines and all necessa ry u n d erground and
surface appurtenance s thereto n e cessa r y o r des i rab l e f or t he
transmission of waste water , incl u di n g , bu t no t l im ited to , mains ,
conduits, vaults, manholes , or o ther facili t i es as r equi r ed .
The Easement P roperty consists of t wo se wer line ea s e me nts legal ly
described on Attachments 1 and 2, which are incorporated herein b y
reference.
B. Grant of Water Line Easement .
Granter hereby grants to Gra n tee , its successors a n d
assigns, a perpetual , none x clusive e asement (th e "W ater Line
Easement") over, under , across and through t h e Ea semen t P ro p erty fo r
the purpose of constructing , operati n g , mai nt aini n g , repairi n g ,
replacing, removing and enlarging the "L in es and Ap purten ances " a s
h reinafter defined. The "Lines and Appur tenanc e s " sh all mean one
or more water pipelines and all n ecessary u n der gr ound and surface
appurtenances thereto necessary or d sirable fo r t h e t ransmissio n o f
1
Appendix 1
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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 Attachmen t 3, which is incorporated herein
by reference.
4. Access. Grantee shall have the perpetual, nonexclusive
right of ingre ss 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. Granter 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 Granter, any improvements constructed, erected, placed
or planted on the Easement Property without Grantee's having
obtained the prior written consent of Granter.
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
i nsofar 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. 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 f~rther 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.
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IN WITNESS WHEREOF, the parties hereto have executed this
Grant of Sewer and Wate r Line Easement the day and year first above
wr itt en.
GRANTOR:
1950 COMPANY, INC.,
a Colorado corporation,
Attest:
Title:
Title:
STATE OF COLORADO
ss.
COUNTY OF ARAPAHOE
Acknowledged before me this , 19 day of
as -------and -by
------------~ ---------------~ as
of 1950 COMPANY, INC., a Colorado corport1on.
My Commission exp ires:
Attest:
Gary R. Higbee, ex off1c10
City Clerk-Treasurer
STATE OF COLORADO
COUNTY OF ARAPAHOE
ss.
Notary Public
Address:
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 off1c10 CitY-
Clerk-Treasurer of the City of Englewood.
My Commission expires:
Notary Public
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A cO 1·'00'1' E A!:l·:ME NT FO ii llTll.IT Y l'llllP OSE S LYING \(l.00 FllE1' ON EA C H SIDE
01-' 1'11 1·. FOi.i.O WiN G Uli SC IHl!EO C ENTEl!l.IN E :
CO MM E NC IN Ci AT TII E WEST ONE -QUARTER CORNEii OF SECTION 9, TOWNSHIP 5
s OIJ Tli , RANGE 6 8 WF.ST OF THE SIXTH PHJNCTPAL MERIDIAN, CTTY OF
E NGLl-.WOO U. COUNTY or AllAPAHOE , S1'ATK o~· COLOHAUO ; THENCE s 89° 56'
OU" E ALONG 1'HE SOUTH LINE or THE NORTHWEST ONE -QUARTER OF SAID
SEC TI ON '.l , A D l S TANCE Of' 1 ,478 .5 0 Hli'f ; THENCE N 00° 01' 00" E, A
UI S 1'AN C E OF 10 .00 Fl!ET TO THE TRUE POINT OF BEGINNING ;
THEN C E S U9 " 5lj' OU" F., A DIST AN CE o~· 237.611 Flilo!T 1'0 THI! EAST LINE OF
THA T l'AllCEL llESClllllED JN A llEEll fH!'.COHDED IN BOOK 3455 AT PAGE 2:! OF
T ill·: AllAl 'AHOE C OUNTY, COl.OllAUO C LEHK ANU llECOHIJ~:u•s OFt'ICE ; CONTAINING
U . I U ~ AC l!E S , MOllE Oil LESS .
AttachMent 1
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A 't() HHl'I' EAS l.,Ml :NT FOii UTILITY l'UUl'OSES LY!NU lf1 .00 n :H T ON F.ACll SIDI!
uf 'flJE f'ul.J.O WIN G lll-:S<.;llllll::D Cl::NT!o'.Hl .INE :
CO MM ENCING AT 1'1lli Wl::ST ON!:: OUAHn:u CO HNEU o•· SHCTION 9, TOWNSHIP 5
SOUTIJ, UAN G!i 6tl WE ST or TllE SIXTH PRINCIPAL MERIDIAN , CITY or
ENGLIWOUU, <.;OU NTY or AHAPAHOE, S1'ATF. 01' COLOHAOO; THEN CE s 890 56'
00" E Al.ONG Tllll SOUTH LINE 01' THE NOHTHWEST ONB -OUARTl!H or SAID
S ECTION !J, A DlS1'ANCI! o•· l,Olll.00 FEBT; THENCB N 00 ° 01' 00" B, A
DISTANCE or 15 .00 rl::ET TO THE TRUE POINT or BEGINNING;
1'UENCE S H!J 0 56' 00" E, A OlSTANC~ OF 372 .50 FBBT ;
ACUE S , MOUE OR Ll::SS .
Jl.ttachncnt 2
CONTAINING 0.257
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11 ~'i FC1 0T E ASEMENT FOil UT ILI TY l'Ulll 'OSllS LYING l:!.50 >"liET ON EACH SIDI>
o •· TllE f'Ol.LOW!NG Dli SC RIBt::D CEN'l't::llLINt:::
COMM E Nt" I NG 11'1' 1'11~: Wl (ST ONE Ollllll'l'EU COllN Jo:R o~· SECTION 9, TOWNSHIP 5
~OU Tll. U/\NGE 1;0 Wl!ST or Tltli SIXTll PlllNCIPAL MtrnlDIAN , Cl1'Y or
E N\;l.E WOOll, COUNTY Of AllAPAHOE , STA'l'E o•· COLOHADO ; THBNC~: S U!J 0 Sb'
00" !-. Al.ONG THE SOUTH L INE Of Tllli NORTHWEST ONE -QUARTER o~· SAlD
~ECT ION ~. A DISTllN CE or 1,466 .00 fEliT TO TUil TRUE POINT Of BllGI~NING ;
THENCE N 00'' 0 l' 00" E, A D 1 STANCE o•·
T llliNCE N '1 :.0 01' UO" r:, A n1s ·r11NCE OF
1'llEN r 1, N ()()" 0 l' 00" E. A lJ I S TANC:~: or
:;ou1·11 lllGll T or WAY L!Nll Of WE ST UNION
MOUE 0 11 LE ~S.
l~0 .67 HET ;
54 .16 HHT ;
17J.OO fEET TO A POINT ON THE
AVENU!i; CONT AINING 0 . 205 ACtn.:s'
Attachnent. 3
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MAL.LMAAK a ASSOCIATES,l..C. ((Jtltfl"''"* ,,,,,,,,,.,
~00 10 YOl(M1T(. SU I T[ G·I
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I """ DA I •IMO>
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ORDINAOCE NO. I I
SERIES OE' 1985
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BY AUTHORITY
COUN2IL BILL NO. 10
INTRODOCED BY COUNCIL
MEMBER NEAL
AN ORDINAOCE APPROVING GRANT OE' SEWERLINE EASEMENT BY E.S.P.
INVES'IMENTS TO CITY OF ENGLEW(X)D ON REAL PROPERTY LCCATED AT
W. UNION AVE. AND S . SANTA FE DRIVE IN ENGLEl'J(X)[), COLORAOO.
WHEREAS, the developers of property at w. Union Avenue and
South Santa Fe Drive wish to i nstall a sewerline on the property
owned by E.S.P . Investments; arx3
WHERE.AS, the property owner desires to grant a sewerline
easement to the City of Englewood for the purpose of constructing,
operating, mainta1n1ng, repairing, replacing, removing arx3
enlarging the lines and appurtances;
~. TiiEREFORE, BE IT ORDAINED BY TiiE CITY OE' ENGLEWOOD,
COLORADO, AS FOLLao/S:
Section 1. City council hereby approves the Grant of Sewer-
line EasementlJy E.S.P. Investments in favor of the City of
Englewood, Colorado, a copy of said Grant of Sewerline Easement is
attached hereto as Appendix l arx3 incorporated herein by reference.
Sect ion 2. City COunci l hereby authorizes the Mayor and ex
officio City Clerk-Treasurer to sign and attest said Grant of
Sewerline Easement on behalf of the City council aoo the City of
Englewood .
lntr uc , r e ad in full , aoo 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.
Read by title aoo passed on final reading on the 4th day of
February, 1985.
9
Published by title as Ordinance No.~--~' Series of 1985, on
the 6th day of February, 1985.
Attest:
Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer I • •
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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 complete copy of the Ordinance passed on
final reading and published by title as Ordinance No-~~-' series
of 1985.
Gary R. Higbee
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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 me an the
30-foot of real property located in the County of Arapahoe, State of
Colo rado, more particularly described on Attachment A, wh ich is
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 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 Easement")
over, under, across and through the Easement Property for the
purpose of constructi ng, operating, maintaining, repairing,
replacing, removing and enlarging the "Lines and Appurtenances", as
hereinafter defined. The "Lines and Ap purt enances" shall mean one
or mor e wat er or sewer pipelines and a l l necessary underground and
surface appurtenances thereto necessary or desirable for the
tra nsm i ssion of wastewater, incl ud ing , but not limited to, mains,
co nduits, vaults, manholes, or oth er fa cil ities as required.
4. Acces s . Gran tee sh al l 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
fu ll en j oyment of the rights granted to Grantee under this Grant.
5. No Improvements. Grantor covenants and agrees not to
construc t, ere ct , place or plan any "Improvements", as hereinafter
defined , on the Easemen t Property wi thout obtaining the prior
written co nsent of Grante e . "Improvements" shall mean any structure
or building. Grantee shall have the right to remove, withou t any
liability to Granto r, any improvements constructed, erected, placed
or pl anted on the Eas emen Property without Grantee's having
obtained the prior wr itten co nsent of Grantor.
Appendix l
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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 ownersh i p, 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. 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
effe ctive 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 wr itten .
Attest:
Title:
STATE OF COLORADO
SS.
COUNTY OF ARAPAHOE
Acknowledged before me this
by ---~--~-~~~~-as
as
of 1950 Corporation.
My Commission expires:
2
GRANTOR:
E.S.P. INVESTMENTS
Title:
day of , 19 -------and -
Notary Public
Address:
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Attest:
Gary R. Higbee, ex officio
City Clerk-Treasurer
STATE OF COLORADO
COU NTY OF ARAPAHOE
S S.
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GRANTEE:
CITY OF ENGLEWOOD, COLORADO
By~-=-~~--,,..._~~~~~~~ Eugene L. Otis, Mayor
Acknowledged before me this day of , 19
by Eugene L. Ot is as Mayor and Gary R. Higbee as ex officio CitY--
Clerk-Treasurer of the City of Englewood.
My Commission exp ire s:
Notary Public
3400 s. Elati, Eng l ewood, CO
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A j 0 roar E ASEMENT FOH UTILITY PUUPOSES MORE PAttTICULARLY DESCRIBED AS
ruLl.O WS .
COMMENCING AT TUE WEST ONE -OUAHTER CORNER OF SECTION 9, TOWNSHIP 5
SOlJT U, llANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
EN <;U:woou. COllNTY OF AllAPAHOE, STATE OF COLORADO; THENC~: s 890 56'
llU" E Al.ONG THE SOUTH LINE O•' THE NORTHWEST ONE -QUARTER OF SAID
S l ·:n ·1nN !l, A lllS'l'ANCll or 1,0fll.00 FEET TO TllF. ~:AST I.INF. or THAT PAHCEJ.
111 .. s t:l/lllEll IN llOUK '.1426, PA<;E •1:11>; 'l'UENCE N 00" 01' 00" E Al.ONG THE
EA ST l .IN E or S AlU PARCEL A DISTANCE or 5.35 FEET TO THE THUE POINT or
IH:1; 1 NN I Nt;;
THENCE N f!7 0 O!)' 44" W, A DISTANCE or 107 . l~ FEET TO THE WKST LINE or
S A 1 ll l'llllC~; I.;
'l'llE NCJ.: N ()()V 0 I. 00" E ALONG Tim WEST l.INE or SAID l'AllCliL, A DIS 'fANCK
or :!0 .011 •'EET ;
TllENCE s 1170 o~· 44 " E. A lllSTANCE OF 107.I:I FEET TO THE HST I.INK o•·
Sr\ID PARCEL;
TllENCE s 00° 01' 00" w ALONG TllE EAST LINE or SAID PARCEL, A DISTANCE
O F 30.04 FEET TO THE TRUE POINT or BEGINNING; CONTAINING 0 .0738 ACRES
MOllE OU LE S S .
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\"' -~ -'t:2~~'.t,_ e/4/~8~1~· ~~m~f:~5;~==~~~~~~
· ·-..rnd,, ... NW1'1 :5cc. •7
!c1v rv,
, o ,,, ''" t1r,. h ,, 6' r
W ~ Cw "',
-u: .. r •CJAI ;'
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OROINAOCE NO. /eli
SERIES OF 1985
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BY AlJI'HORITY
COUOCIL BILL NO. 11
INTROOOCED BY COUOCIL
MEMBER BRADSHAW
AN OROINAOCE APPROVING GRAN!' OF S&lERLINE FASll'IENT BY PUBLIC
SERVICE CGIPANY OF COLORADO TO CITY OF ENGLE)olOOD ON REAL PROPERTY
LOCATED AT W. UNION AVE. AND S. SAm'A FE DRIVE, ENGLE)olOOD, 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 Conpany of Colorado; and
WHEREAS, the property owner desires to grant a sewerline
easanent to the City of Englewood for the purpose of constructing,
operating, maintaining, repairing, replacing, ranoving and
enlarging the lines and appurtances;
NGJ, TttEREFORE, BE IT ORD.\INED BY 'niE CITY OF ENGLDolOOD, COLORADO, AS FOLL()oJS:
Section 1. City Council hereby approves the Grant of Sewer-
line Easement by Public Service CClnpany of Colorado in favor of the
City of Englewood, Colorado, a copy of said Grant of Sewerline
Easenent is attached hereto as Appendix l 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 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.
Read by title and passed on final reading on the 4th day of February, 1985.
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Published by title as Ordinance No. ___ , Series of 1985, on
the 6th day of February, 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
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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 Pro~erty. 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 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 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.
4. Access. Grantee shall have the petpetual, nonexclusive
right of ingress and egress in, to, over, through and across the
Easement Property for any purpose necessary or desirable for the
full en j oyment 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
wr itten consent of Grantee. "Improvements" shall mean any structure
or bu il ding. 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 wri tten consent of Granter.
Appendix 1
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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.
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•
GRANTOR:
PUBLIC SERVICE COMPANY OF
COLORADO
Title:
Acknowledged before me this
by as ----------------as
day Of , 19 -------and -
of PUBLIC SERVICE COMPANY OF C~O~L~O~R~A~D~o·.--~~-~~~~~--~-
Hy Commission expires:
2
Notary Pub! ic
Address:
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Attest:
Gary R. Higbee, ex officio
City Clerk-Treasurer
STATE OF COLORADO
COUNTY OF ARAPAHOE ss.
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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 Pub! ic
3400 s. Elati, Englewood, co
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A ~(I rno1 · EASE~lHN'f !'OR UTILITY ruuros11s HORR PAllTICllLARLY Dl!SCIUB!lo AS t'Ol.LOWS :
COHMHNCING AT Tiii! W~ST ONR -OUARTl!R CONNER Of SECTION 9, TOWNSHIP 5
SOUTll, NANG•: fill Wl!ST OF THE SIXTH PRINCIPAL MERIDIAN, CITY or
HNGLHWOUll, COUNTY Of ARAPAHOE, STATI! OF COLORADO; THl!NCR S 119• 56'
oo· E ALONG THE SOUTH LINI Of THI! NORTHWEST ONl -OUAHTIR or SAID
SHCT ION ~·. A DISTANCR o•· 867.0o n:l!T TO TllF. Wl!ST LINJi: OF THAT PAHCU D~s c 111111,;u IN UOOk 3107. PACI 580 ; THENCI! N D0 ° 01' Do· I ALONG THE
WHST LINH or SAlD PARCEL A DISTANCE or 144.26 Fl!RT TO THI! TRUii POINT O•' hE <;INN!NG ;
THENCH N :11° :!U' 56 " w, A llISTANCI! OF 95. 95 FHl!T;
THF.NC£ N llO• ~5· 011 " w, A DISTANCI! OF 6.05 FUT;
TH!:Nc~ N O!JO 24. 52" E, A DISTANCJi: or 20.00 FUT;
THF.NCE s 80• J!j• 08" R, A D ISTANCI OF 13 .95 FUT;
TllllNCti s 37• 2H' 56" E • A DISTANCli OF 77.78 FRET TO Tiii! WIST L.INE or
SAID PARCH ;
Tilt: NCH s oo u U I ' OU" WliST ALONG THI! WP.ST LINI! OF SAID PARCEi., A
U ISTANC£ O•• 32 ' 115 FEET TO Tiii! THUi! POINT OF Bl!GINNING; CONTAINING
II. OHr. ACll!:s , MOl/H Ill/ LHss.
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',,,./,,,_I
¥-->v -.----6 1•.:-.,, '{ -~
Pw/, ~' ~<-rul/i _ .. , N. w, }J ,,-; _ ':7
'I II,•,/,, 1/ I #J1 /fll1'
W. I// c;.. ,,,
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11"'l.LlllARK a ASSOCIATES, INC . ,,. .. -• :°ca'" """ .oe "°
c"*u'''"'' '"''""''"s t--.. -----.. :-:,.:+-=~-~~1-:-:-~,,...,.,.,...,.=o-t
1600 SO YOHM I T[, 'i111T[ G ·o •• <?·r,+1 !1 .1y. :-"'"' / .. ,. CIA 1
"("a.v 1·e 1"'fh t\84Nl a n~'? ..... ""'"'''' ,. ..... '" .. ''
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ORDINAN::E NO. I~
SERIFS OF 1985
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BY AUTHORITY
C~IL BILL NO. 12
INTROCXX:ED BY COUOCIL
MEMBER BRADSHAW
AN ORDINAOCE APPROVING GRANT OF SElolERLINE EASfl'1ENT BY JACK M.
HORNER 'ID CITY OF ENGL~OOD ON REAL PROPERTY LOCATED AT
W. UNION AVE. AND S. SANTA FE DRIVE IN ENGL~OOD, COLORAOO.
WHEREAS, 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
WHEREAS, the property owner desires 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;
N<l'l, THEREFORE, BE IT ORDAINED BY THE CITY OF ENGL~OOO,
COLORADO, AS FOLUXtJS:
Section 1. City Council hereby approves the Grant of Sewer-
line F.asement by Jack M. Horner in favor of the City of Englewood,
Colorado, a copy of said Grant of Sewerline Easement 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 Easement 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.
Read by title and passed on final reading on the 4th day of February, 1985.
Published by title as Ordinance No. ____ , Series of 1985, on
the 6th day of February, 1985.
Attest:
Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above aro foregoing
is a true, accurate a00 canplete copy of the ordinance passe:3 on
final reading aro published by title as ordinance No. , Series
of 1985. ---
Gary R. Higbee
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GRANT OF SEWERLINE EASEMENT
THIS GRANT of a sewerline easement this "Grant") is made this
day of , 1985 by JACK M. HORNER ("Grantor")
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, Englewood, CO 80110.
The parties covenant and agree as follows:
1. Easement Property. The "Easement Property" shall mean the
real propetTYlocated 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 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. Th e "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, manhol e s, or other facilities as required.
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.
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~ 6. Sub 'acent and Lateral Su Grantor covenants and
agrees that rantee s a ave t e rig t of subjacent and lateral
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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.
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 • •
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Attest:
Gary R. Higbee, ex officio
City Clerk-Treasurer
STATE OF COLORADO
COUNTY OF ARAPAHOE
SS.
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GRAN TEE:
CITY OF ENGLEWOOD, COLORADO
By~=-~~--=~...,,.,.~~~~~ Eugene L. Otis, Mayor
Acknowledged before me this day o·f , 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
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A :!U l 'OOT EASEMf:N r mu UTILITY l 'll lll'OSY.S MOH~ l'AllTICULARLY DHSCRIDED AS FOi.LOW~:
t 'O MMENCING AT THE WKS T ONE OllAllHU CORNER 01' SECTION 9, TOWNSHIP 5
SOI/TU, ~ANG E liH WF.S T 01' TH~ S IXTH PRINCIPAL MMHIDIAN, CITY Of
KN<; 1.K WOOlt, CO l l N'l'V 0 1' AHAl 'AllO !o:, S1'A1'1: 01' COLOllAOO ; THKNCM S 8!1 0 5 6'
00" E Al.ONG THE S OUTH L IN[ or THE NORTHWEST ONK -OUARTEA OF SAID
SECTION ~. A lllSTANCF. OF 974.00 FE~T TO THE fAST LINB or THAT PAH CEL
Uf:sc 111111rn IN BOOK :1 101. PAGE 5UO ; TH~NCE N 00° 01' 00" E ALON!; THE
~A~T l.IN P. Of' S AID l'AHCEI. A UISTANt,;E ur 20 .54 l'liET TO THB TRUE POINT OF
bEGINNING ;
TllF.NCI: N 117 ° 09' 44 " w, A DI STANCH 01' 12.48 FBET; TllENCI; N 37° 28' 56" w, A DI STANCE OF 155.29 FEET TO THI WEST LINE OF SA Ill l'AHCF.I.;
1'llKN1 :1: N 00 ° 0 I' 00" ~ Al.ONG Tllli WKST l.INR 01· SAID PARCEL, A DISTANCE 01' J2.M5 HET ;
THY.NCH s 370 211' 56" R, A DI STANCH Of 172. 10 .-KET; TllENO: s fl7 U 09' 44 " E, A DI S TANCE OF 2.24 FEET TO THE EAST LINB OF SAlll l'AHCl:L ;
TllKNC~ s oo • 01' OD " w ALONG THE EAST LINF. Of SAID PARCF.L, A DISTANCE
or 20 .02 rEKT TO THE THUE POINT Of 8HGINNING ; CONTAINING 0 .0785
ACllKS, MOllE 011 LESS .
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HALLMARK a ASSOCIATES,INC .
CO.OW< fllll Clll l llll'lll
~00 SO YOSCM I T[, SU IT( G 1
OElll/[ 11 , C01 OHAOO 10.: l7
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COUNCIL
DATE January 30, 1985
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
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SUBJECT Li cen se Agreement for t he corner
of Pri nce and W. Lake Ave.
INITIATED BY Englewood Water and Se wer Boa rd
ACT ION PROPOSED~~~A~p~p_r~ov~a~l---""o~f _t~h~e;....;;..L~ic~e~n~s~e~A~g~r~e~em~e~n~t:......=.b~et~w~e~e~n -t~h~e:......=.C~it~y"--~~
of Englewood and t he Che r okee Corporation
BACKGROUND
The Cherokee Corporation wishes to make two installations which straddl e
the 54" pipe constructed f or the City Ditch . The Cherokee Corporation
mu st receive a li cense fr om the Ci t y which specifies the conditions unde r
which the installati on may be mad e and maintained.
These License Agreem e nt s al l ow The Cherokee Corporation to install a 12"
storm sewer and plaz a i mp ro vements, located at Prince Street and West
Lake Avenue. Li ce nsee shall cl ear the crossin g area of all construction
debri s and re s to re t he area to i t s previous condition as near as may be
re a sona ble.
In the agre eme nts,the Licensee rese rves the right to grant an a lternate
easement loca t ion. Any additional expe nses incurred by using an alternate
easemen t loc at ion over and abo ve t he expense of using the existin g easem en t
lo cat ion wi ll be bo rne by the Licens ee.
FINANCIAL DET AILS
None .
RECO"IMENDATION
Council approve the License Agreements from The Cherokee Corporatio n located
at the northease corner at Prince Street a nd We st Lake Av enu e.
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OH!JINA NCE NO.
SERIES OF 198~5---
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 13
INTRODUCED BY COUNCIL
MEMBER 7f'JHU.
AN ORDINT\t-l:E APPROVING A LICENSE AGRED'IENT BE'IWEEN THE CITY OF
ENGLEWOOD, COLORAOO, AND THE CHEROKEE CORPORATION FOR INSTALLATION
OF STORM SEWERS AND PLAZA IMPROVD1ENTS ACROSS THE CITY'S RIGHTS-OF-
WAY FOR THE CITY DITCH AT THE NORTHEAST CORNER OF PRINCE STREET AND
WEST LAKE AVENUE.
WHEREAS, The Olerokee Corporation wishes to install a 12-inch
storm sewer and an 18-inch R:P storm sewer across the 54-inch pipe
constructed for the City Ditch as well as plaza improvatlents across
the City's rights-of-way for the City Ditch at the northeast corner
of Prince Street and ~st Lake Avenue, in the City of Littleton ,
County of Arapahoe, State of Colorado; and
WHEREAS, the License Fv:Jreatlent provides for this installation
under certain sti pulations and conditions;
NO.-V, THEREFORE, BE IT ORDA.INED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORAOO, AS FOLLCMS:
Section 1. The City Council hereby approves the License
Agreement between the City of Englewood , Colorado , and The Olerokee
Corporation for installation of a 12-inch storm sewer and an
18-inch R:P storm sewer which straddle the 54-inch pipe constructed
for the City Ditch and for plaza improvatlents across the City's
rights-of-way for the City Ditch at the northeast corner of Prince
Street and ~st Lake Avenue. A copy of said License Fv:Jreenent is
attached hereto and incorporated herein by reference.
Section 2. City Council hereby authorizes the Olainnan of
the Englewood Water and Sewer Board and the Director of Utilities
to sign said License Fv:Jreatlent on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the
4th day of February, 1985.
Published as a Bill for an Ordinance on the 6th day of
February, 1985.
Eugene L. ot1s, Mayor
Attest:
ex officio City Clerk-Treasurer
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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 complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 4th day
of February, 1985.
Gary R. Higbee
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LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the day of , 198_,
by and between the CITY OF ENGl_EWOOD, A MunicipalCorporation of Colorado,
hereinafter referred to as "City" and the Cherokee Corporation, a Corporation
registered in the State of Colorado, hereinafter referred to as "Licensee".
WIT NESSETH:
The City without any warranty of its title or interest whatsoever, hereby
authorizes Licensee, its successor, assigns, to install two storm sewers across the
City's rights-of-way for the City Ditch:
EASEMENT NO. 1
LEGAL DESCRIPTION
for an 18-inch RCP storm sewer, a strip of land 20.00 feet in width situated in
that part of the west half of the Northwest Quarter of the Northwest Quarter of
the Northwest Quarter of Section 21, Township 5 South, Range 68 West of the 6th
principal meridian, City of Littleton, County of Arapahoe, State of Colorado, described
as follows:
Beginning at a point whe nce the northwest corner of said Section 21 bears S 82°51 '41 00
W a distance of 146.l 8 feet;
Thence N 44°54'0400 E a distance of 20.00 feet;
Thence S 45°05'56" E a distance of 45.35 feet to the northwest corner of Sycamore
Hill, a subdivision recorded October 15, 1984, in Plat Book 79 at page 8 and as
Reception No. 2462303;
Thence S 22°52'04" W along the westerly line of said subdivision a distance of 21.58
feet;
Thence N 45°05'56" W a distance of 53.44 feet to the point of beginning;
Containing 988 square feet or 0.023 acre, more or less.
EASEMENT NO. 2
LEGAi_ DESCRIPTION
For a 12-inch storm sewer, a strip of land 20.00 feet in w idth situated In tha t part
of the we st half of the Northwest Quarter of the Northwest Quarter of the Northwest
Quarter of Section 21, Township 5 South, Range 68 West of the 6th Principal
Meridian, City of Littleton, County of Arapahoe, State of Colorado, described as
follows:
Beginning et a po int; whence the northwest corner of said Section 21 bears N55°44'40"
W a distance of 138.04 feet ;
Thence S 37°07'56" E a distance of 47.12 feet to a point on the westerly line of
Sycamore Hill, a subdivision recorded October 15, 1984, in Plat Book 79 al Page 8
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and as Reception No. 2462303, said point lying S 22°52'04" E from the northwest
corner of said subdivision;
Thence S 22°52'04" W along the sa id westerly line a distance of 23.10 feet;
Thence N 37°07'56" W a distance of 58.66 feet;
Thence N 52°02'04" E a d istance of 20.00 feet to the point of beginning;
Containing 1,058 square feet or 0.024 acre, more or Jess.
All bearings are based on the plat of Sycamore Hill prepared by VTN Colorado, Inc.
January 22, 1985
l. Any construction contemplated or performed under this License shall compl y
with and conform to standards formulated by the Director of Utilities of the
City and such construction shall be performed and completed according to the
plan and within the tolerances given on the City's drawing, Dr. , No.
___, consisting of one sheet, a copy of which is attached hereto and made a
part hereof.
2. The Licensee shall notify the City's Director of Utilities at least three (3)
days prior to the time of commencement of the construction of, or any repa irs
made to, Licensee's 12 inch storm sewers and plaza improvements so that the
City may, in its discretion, inspect such operations.
3. With in thirty (30) days from the date of the commencement of construction of
said 12 inch storm sewers and plaza improvements the Licensee shall complete
such construction, place and mainta in permanent, visible markers, of a type
and at such locations as des ignated by the City's Director of Utilities, referring
to the centerline of the ins tallation and shall clear the crossing area of all
construction debris and restore the area to its previous cond ition as near as
may be reasonable. In the event the placing of the centerline markers and
the clearing a nd restoration of the crossing area is not completed within the
time specified, the City may complete the work at the sole expense of the
Licensee.
4. The City shall have the right to mainta in and repair the City Ditch or any
other of its facilities or installations within the City's rights-of-way, at any
time and in such manner as the City deems necessary or convenient. The Caty
reserves the exclusive right to control all easements and installations. In the
event the 12 inch storm sewers and plaza improvements should interfere with
an y future use of the City's rights-of-way by the City, the Licensee shall,
upon request and at its sole expense relocate, rearrange, or remo ve its
installations so as not to interfere with any such use.
5.
6.
Any repair or replacement of any City installation made necessary, in the
opinion of the City's Director of Utilities because of the construct ion of the
12 inch storm sewers, plaza improve ments and other appurtenant installations
thereof, shall be mad e a t the sole expense of the Licensee.
The stipulation and cond it ions of this Lic ense shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract
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The rights and privileges granted in this License shall be subject to prior
agreements, licenses and/or grants, recorded or unrecorded, and it shall be the
Licensee's sole responsibility to determine the existence of eaid documents or
conflicting uses or installations "provided the City represents that is is not a
party to any other unrecorded agreements, licenses or grants affecting the
property described herein, and to the best of the knowledge of the undersigned
officials of the City there are no such unrecorded agreements, licenses o r
grants executed by the City's predecessor in title."
B. The Licensee shall contact and fully cooperate with the City's ditch foreman
and the crossings shall be made without interference with any lawful, usual or
ordinary flow of water through the City Ditch. Licensee shall assume all risks
incident to the possible presence of such waters, or of storm waters, or of
surface waters in the City Ditch.
9. All trenches within the City's rights-of-way shall be backfilled and tamped to
the original ground line in layers not to exceed six (6) inches loose measure to
a compaction of ninety per cent (90%) Standard Proctor Maximum Densit y.
10. Licensee, by acceptance of this license, expressly assumes full and strict
liability for any and all damages of every nature to persons or property caused
by water from the ditch leaking through, or breaking through the ditch banks
or pipeline at the po int or po ints where the Licensee performs an y work in
connection with the crossing prov ided by this license. The Licensee assumes
responsibility for maintenance of the installation for a period of one year,
whereupon all interest, liability and control is conveyed to the City.
11. Licensee shall indemnify and save harmless the City, its officers and employees,
against any and all claims, damages, actions or causes of action and expenses
to which it or they may be subjected by reason of said 12 inch storm s e wers
and plaza improvements being within and across the premises of the City or
b y reason of any work done or omission made by Licensee, its agents or
employees, in connection with the construction, replacement, ma in tenance or
repair of said installation.
12. It is expressly agreed that in case of Licensee's breach of an y of the within
promises, the City may, et its opt ion, have specific performance thereof, or
sue for damages resulting from such breach.
13. Upon abandonment of any right or pr ivilege herein granted, the right of Licensee
to that extent shall terminate, but its obligation to indemnify end save harmless
the City, its officers and employees, shell not terminate in any event.
14. The Licensee will grant a 25' right-of-way easement to the City, for the C ity
Ditch, upon the filing of the Final Plat for West Lake Terrace.
15. "If said 54 inch R CP 1s replaced or supplemented by en addit iona l water
conveyance devi ce , the licensee reserves the right to grant an alternate
easement location for said wa ter conveyance device. Any additional expense
incurred by using an alternative easement location over and above the expense
of us ing the eiosting easement locations will be borne by licensee."
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In granting the above authorization, the City reserves the right to make full
use of the property involv ed as may be necessary or convenient in the operation
of the water works plant and 1ystem under the control of the City.
In WITNESS WHEREOF, th is instrument has been executed es of the day and year
first above written.
APPROVED:
Stewart Fonda
Director of Utilities
APPROVED AS TO FORM:
City Attorney
CITY OF ENGLEWOOD
acting through and by its
Water end Sewer Board
By:_~~=-...,....~~~~~~~~~-
Chairman
THE CHEROKEE CORPORATION
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PREPO.REO BY •~ CATE •~
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SYCAMORE HI LL
STORM DRAINAGE EASEMENTS
o-r orwvn HI Gill.AN OS' 10375 E._HAAVAAO, SUIT£ 207, 0[11Yn, tolcaADO IOUl
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C 0 U N C I L
DATE January 30, 19B5
."l!TIATED BY
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
ti b
SUBJECT License Agreement for the cor ne r
of Prince and W. Lake Ave
Englewood Wat er and Sewer Board
h TI ON PROPOSED~~~A_p_p_r_o _va_l~o_f_t_h_e~L _ic_e_n_s_e _A~g~r_e_e_me_n_t~b-et_w_e_e_n~th_e~C_i ~ty;__~~
of Englewood and The Sycamore Of fice Venture, a Colorado
General Partnership
BACKGROUND
The Sycamore Office Venture wishes to construct a plaza across the City's
rights-of-way for the City Ditch. The Sycamore Office Venture must receive
a license from the City which specifies the conditions under which the
installation may be made and maintai ned.
The Lice nse Agreement allows the Sycamore Office Venture to construct a
plaza across the City Ditch located at Prince and West Lake Avenue.
The Licensee reserves the right to grant an alternate easement location
for a water co nveyance device. Any additional expense incurred by using
an alternative easement location over and above the expense of using the
existing easement locations will be borne by Licensee.
In gra nting the License Agreement, the City reserves the right to make
full use of the property involved as may be necessary or convenient in
the operation of the water works plant and sys tem under the control of the
City.
FINANCIAL DETAILS
None.
RECOMMENDATION
Council approve the License Aqreements from The Sycamore Office Venture,
a Colorado General Partnership, for plaza improvements located at the
corner of Prince Street and West Lake Avenue.
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BY AUTHORITY
ORDINl\N.:E NO.
SERI ES OF 19 8_5 __ _
A BILL FOR
COUNCIL BILL NO. 14
INTRODl~,fr ~). ~cx;f,I~
Mll1BER~
AN ORDINANCE APPROVING l\ LICENS E AGREE."'ICNT BE'IWEEN THE CITY OF
ENGLEWOOD, COLORADO, AND THE SYCAMORE OFFICE VENTURE, A COl..ORJ\00
GENERAL PA RTNERSHIP, TO CONSTRUCT A PLAZA ACROSS THE CITY'S RIGHTS-
OF-WAY FOR THE CITY DITCH AT SOUTH PRIOCE AND WEST LAKE AVENU E.
WHEREAS, 'nle Sycamore Office Venture, a Colorado general
partnership, desires to construct a plaza across the City's rights-
of-way for the City Ditch at South Prince and West Lake Avenue in
the City of Littleton, Coun ty of Arapahoe, State of Colorado; and
WHE REAS , the License Agreement prov ides for this construction
unjer certain st i pulations and conditions;
NO.~, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH E
CITY OF ENGLEWOOD, COLORADO, AS FOL~S:
Section 1. The City Council hereby approves t h e License
Agreement between the City of Englewood, Colorado, and Th e Syccrnor e
Office venture for construction of a plaza across the City's
rights-of-way for the City Ditch in the Plat of Sycamore Hil l , in
the City of Littleton, County of Arapahoe, State of Colorado. A
copy of said Licens e J\greernent is attached hereto and incorporated
herein by reference .
Sect i on 2 . City Council hereby authorizes the O'l air:nan of
th Englewood water and Sewer Board and the Director of Utilities
o sign said License J\greernent on behalf of the City of Englewood.
Introduced , read in full, and passed on first reading on the
4th day of February , 1985 .
Published as a Bill for an Ordinance on the 6th d ay of
February, 1985.
Eugene L. Otis, Mayor
Attest:
ex officio City CieiK-Treasurer I • •
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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, accur a te and canplete copy of a Bill for an ordinance,
introduced , read in full, and passed on first reading on the 4th day
of February, 19 85.
Gary R. Higbee
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LICENSE AGREEMENT
THIS AGREEMENT, made end entered into as of the day of , 198 _,
by end between the CITY OF ENGLEWOOD, a MunicipalCOrporetion of Colorado,
hereinafter referred to as "City" and "The Sycamore Office Venture, e Colorado
General Partnership" registered in the State of Colorado, hereinafter referred to as
"Licensee".
WITNESSETH:
The City without any warranty of its title or interest whatsoever, hereby
authorizeR Licensee, its successor, assigns, to construct a plaza across the City's
rights-of-way for the City Ditch:
EASE ME NT NO. 1
LEGA•_ DESCRIPTION
A strip of land 25 feet in width situated in that part of the west half of the
Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section
21, Township 5 South, Range 6B West of the 6th Principal Meridian, City of Littleton,
County of Arapahoe, State of Colorado. Being a portion of Sycamore Hill, according
to the plat recorded October 15, l 9B4 in Book 79 at page B and as Reception No.
2462JOJ end being more particularly described as follows:
Beginning at a point on the westerly line of said Sycamore Hill, whence the northwest
corner thereof bears N 22°52'04" E a distance of J49.04 feet and whence the
northwest corner of said Section 21 beers N 09°4J'OB" W a distance of J25.Bl feet;
Thence southerly along a curve to the left having a radius of 1}5 feet, a central
angle of J5°21 '07", an arc length of BJ.JO feet and a chord which bears S OB 0 15'02" E
e distance of Bl.9B feet to a point of tangent;
Thence S 25°55'J5" E a distance of 20B.25 feet to a point of curve;
Thence southwesterly along a curve to the right having a radius of JJJ.Jl feet, a
central angle of 06°56'216", an arc length of 40.JB feet and a chord which bears ·s
22°27'22" E a distance of 40.J5 feet to a point on the north right-of-way line of
Wes t Lake Avenue;
thence S B9°5J' 12" W along said right-of-way line a distance of 26.54 feet;
Thence northwesterly along a curve to the left having a radius of JOB.Ji feet, a
central angle of 05°20'40", an arc length of 2B.76 feet and a chord which bears N
2}0 15'15" W a distance of 2B.75 feet to a point of tangent;
Thence N 25°55'J5" W a distance of 20B.25 feet to a point of curve;
Thence northwesterly along a curve to the right having e radius of 160 feet; a
central angle of 1J0 56'2J", an ere length of JB.9J feet and a chord which bears N
18°57'24" W e distance of JB.BJ feet to a point on the westerly line of seid Sycamore
Hill;
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Thence N 22°52'04" E along sa id westerly line a distance of 60.04 feet to the po int
of beginning ;
Containing 7 ,503 square feet or 0.172 acres, more or Jess.
All bearings are based on the plat of Sycamore Hill, prepared by VTN Colorado, Inc.
January 22, 1985.
1. Any construction contemplated or performed under this License shall comply
with end conform to standards formulated by the Director of Utilities of the
City end such construction shall be performed and completed according to the
plan end within the tolerances given on the City's drawing, Dr • .--J No.
, consisting of one sheet, a copy of which is attached hereto end made a
part hereof.
2. The Licensee shell notify the City's Director of Utilities at least three (3 )
days prior to the time of commencement of the construction of, or any repa irs
made to, Licensee's 12 inch storm sewers end plaza improvements so that the
City may, in its discretion, inspect such operations.
3. Within thirty (30 ) days from the date of the commencement of construct io n of
sa id 12 inch storm sewers and plaza improvements the Licensee shall comp le te
such construction, place and ma intain permanent, vis ible markers, of a type
and at such locat ions as des ignated b y the City's Director of Ut i lities, referr ing
to the centerline of the installation and shall clear the crossing area of all
construct ion debr is and restore the area to its prev i ous condit ion as ne a r as
ma y be reasonable. In the event the placing of the center li ne markers a nd
the clear ing and res tora ti o n o f th e crossi ng area is not completed with in the
time speci fie d, the Ci t y ma y comp lete the work a t the sole expens e of t h e
Licensee.
4. The Cit y sha ll ha ve the r ight to maint a in and r epair the City Ditch or a ny
other of its fa cili t ies o r inst a ll a tions within t he City's r ights-of-wa y, a l a ny
time a nd in such manner as the City deems necessary or convenient. Th e City
rese rves th e e 1<clusi e right to control all eesements and installat ions. In t he
e ve nt th e 12 inch storm sewers end plaza improvements should interfer e with
a ny future use of the C1ty'1 rights-of-way by the Ci t y, the Licensee s ha ll,
upon request and at its sole ell(pense relocate, r e arrang e, or remove it s
installations so as not to interfere with eny 1uch use.
5. Any repair or replacement of any City installation made necessary, in the
op inion of the City's Director of Utll1t1es because of the constructJOn of the
12 inch storm sewers, plaza improvements and other appurtenant installations
thereof, shall be made et the sole expense of the Licensee.
6. The stipulation end conditions of this License shall be incorporated into contract
specifications 1f the construction herein authorized 1s to be done on a contract
7.
b asis.
The rights end privileges granted in this License shell b e subject to prior
agreements, licenseos end/or grants, recorded or unrecorded, e nd it shall be the
Licensee's sole respon!ib1llty to d etermine the e xistence of 1&id documents or
conflicting uses or installations "provided the City represents that is is not a
party to an y other unrecorded agreements, licenses or grants affecting the
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property described herein, and to the best of the knowledge of the undersig ned
officials of the City there are no such unrecorded agreements, licenses or
grants executed by the City's predecessor in title."
8. The licensee shall contact and fully cooperate with the City's ditch foremen
and the crossings shall be made without interference with any lawful, usual or
ordinary flow of water through the City Ditch. Licensee shall assume all risks
incident to the possible presence of such waters, or of storm waters, or of
surface waters in the City Ditch.
9. All trenches within the City's rights-of-way shall be backfilled and tamped to
the original ground line in layers not to exceed six (6) inches loose measure to
a compaction of ninety per cent (90%) Standard Proctor Maximum Density.
10. Licensee, by acceptance of this license, expressly assumes full and strict
liability for any and all damages of every nature to persons or property caused
by water from the ditch leaking through, or breaking through the ditch banks
or pipeline at the point or points where the Licensee performs any work in
connection with the crossing provided by this license. The Licensee assumes
responsibility for maintenance of the installation for a period of one year,
whereupon all interest, liability and control is conveyed to the City.
11. Licensee ahall indemnify and save harmless the City, its officers and employees,
against any and all claims, damages, actions or causes of action and expenses
to which it or they may be subjected by reason of said 12 inch storm sewers
and plaza improvements being within and across the premises of the City or
by reason of any work done or omission made by Licensee, its agents or
employees, in connection with the construction, replacement, ma intenance or
repair of said installation.
12 . It is expressly agreed that in case of Licensee's breach of any of the wi th in
promises, the City may, at its option, have specific performance thereof, or
sue for damages resulting from such breach.
13. Upon abandonment of any right or privilege herein granted, the right of Licensee
to that ex t ent shall terminate, but its obligation to indemnify and save harmless
the City, its officers and employees, shall not term inate in any event.
14. The licensee will grant a 25' right-of-way easement to the City, for the City
Ditch, upon the filing of the Final Plat for West Lake Terrace.
15. ''If said 54 inch RCP is replaced or supplemented by an add itional water
conveyance device, the licensee reserves the right to grant an alternate
easement location for said wat er conveyance device. Any additional exp ense
incurred by using an alternative easement location over and above the expense
of using the existing easement locations will be borne by licensee."
In granting the above authorization, the City reserves the right to make full
use of the property involved as may be necessary or convenient in the operation
of the water works plant and system under the control of the City. I • •
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In WITNESS Wt-ERE OF, this inatrument has been e1eecuted as of the day and year
first above written.
APPROVED:
Stewart F onde
Director of Utilities
APPROVED AS TO FORM:
City Attorney
CITY OF ENGl_EWOOO
acting through and by its
Water and Sewer Board
By: ___ c~h-e~1r_m_a~n---------
Tl-£ SYCAMORE OFFICE VENTURE
By: __ Pr=-e-s"""ide..,.-n_t ________ _
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ENGLEWOOD CITY DITCH
EASEM ENT DESCRIPTION ----------
JOB NO. 5284-0 06
A STRIP OF LANO 25.00 FEET IN WIDTH SITUATED IN THAT PART OF THE WEST HALF
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 2I. TOWNSHIP 5 SOUTH. RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIA N.
CI TY OF LITTLETON. COUNTY OF ARAPAHOE. STATE OF COLORADO . BEING A PORTI ON OF
SYCAMORE HILL , ACCORDING TO THE PLAT RECORDED OCTOBE R I5 . I9 84 IN BOOK 79 AT
PAGE 8 AND AS RECEPTION NO . 2462303 AND BEING MORE PARTIC UL ARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SYCAMORE HILL. WHENCE THE
NORTHWEST CORNER THEREOF BEARS N 22°52 '04" E A DISTANCE OF 349 .0 4 FEET AN D
WHENCE THE NORTHWEST CORNER OF SAID SECTION 21 BEARS N 09°43'08" WA DISTANCE
OF 325.81 FEET :
THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF I35.00 FEE T. A
CENTRAL ANGLE OF 35"21'07" AN ARC LENGTH OF 83.30 FEET AND A CHORD WHICH 8EARS
S 08°15'02" EA DISTANCE OF 81.98 FEET TO A POINT OF TANGENT :
THENCE S 25°55'35" EA DISTANCE OF 208 .25 FEET TO A POINT OF CUR VE :
THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RA DIUS OF 333.3I
FEET. A CENTRAL ANGLE OF 06°56'26", AN ARC LENGTH OF 40.38 FEET AND A CHOR D
WHICH BEARS S 22"27'22" E A DISTANCE OF 40.35 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF WEST LAKE AVEN UE:
THENCE S 89"53'12" W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 26.54 FEET:
THENCE NORTHWESTER LY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 308 .31 FEET,
A CENTRAL ANGLE OF 05°20'40", AN ARC LENGTH OF 28 .76 FEET AND A CHO RD WHICH
BEARS N 23"15'15" w A DISTANCE OF 28.75 FEET TO A POINT OF TANGENT:
THENCE N 25"55'35" WA DISTANCE OF 208.25 FEET TO A POINT OF CURVE:
THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIU S OF 160.00
FEET: A CENTRAL ANGLE OF 13"56'23 ", AN ARC LENGTH OF 38.93 FEET AN D A CHORD
WHICH BEARS N 18°57'24" WA DISTANCE OF 38 .83 FEET TO A POINT ON THE WESTERLY
LINE OF SAID SYCAMORE HILL :
THENCE N 22.52'04 " E ALONG SAID WESTERLY LINE A DISTANCE OF 60 .04 FEET TO TH E
POINT OF BEGINNING :
CONTAINING 7.503 SQUARE FEET OR 0.172 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE PLAT OF SYCAMORE HILL.
PREPARED BY VTN COLORADO. INC .
JANUARY 22. 19P5 I . •
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N.W.COR S EC 21
T55 .,R 68W
6TH PM.
N 89° 54104 " E
a s 15°,6'2:5''
R • 160.00'
L 1 3893.
CH•N 1e 0 51'2 •"w
3 8 .83 '
191 .00
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SYC AMORE HILL
DITCH EASEMENT vtn.-'• ''' '"'S n -;•.mvcvon s
·r .. ' .. p,"'" CC' °'01)~ t 0)1? • t •!•
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AVE:.
I w.
160')
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT Withdrawal of Annex~d
J a n ua r~ 31 , 1985 l l C' i-iv Prop e rt y from four Spec i al Districts
INITIATED BY Depa rtment of Commu nit y Development
ACTIO N PROPOSED Adopt a Resolution Relating to the Filing of a Petiti on "'1t h
the Arapahoe County Dist ri ct Court for the [xc lusion of the Arap ahoe County Fair
Ass oc iation Property from four Special Districts in orde r to eliminat d ou fi]c
Taxat]on and Overla in Se rvi ces .
INTROD UC TION AND BACKGROUND:
The publi c s rvices provided to prop rty outsid e>f a municipality are traditio nally
received through special distri c ts f o r which a mill levy is assessed by th Counrv
Assessor. \..'hen the unin corpora t d land is annex d t o a municipality which can and will
provide those same servic s , th s rvi s of th special di strict should be disc on tinued
t o avoid o verlapping coverage and doubl taxation.
Englewood is a full-servi c citv and can provide all of the ne ces sary ser vices t o propert
within its boundari s . Ther for , upon the ann xation of any land, i t has been th
practice of the Cit y t o take th ne ce sary st ps t o withdraw the ann exed a r ea f r om a n y
sp cia] dist ri cts . The prop r tv annexed b) Ordinance No. 1 , Series of 1984 , and
Ord inance No . 7, Series of 19 4 , which i s 01''D d by the Arapahoe County Fair Assoc iation,
is b ing assessed b y fou r special distric ts: the Arapahoe County Law Enfo r ceme n t Dis-
trict , the Arapahoe Regional Library District, t he South Suburban Park s and Recreation
District and th Littleton Fire Protection District . The City of Englewood is capable
of providing these same s rvices t o this property , and the property should be withd rawn
from those dist ric ts .
Th action t o exclude the property fron the special districts is initiated by the
approval of a Council Resolution and the filing of a petition in the District Court for
each of the four districts . In passing th Resolution, the Council agrees to contin ue
to provide the services provided by the sp cial district within one year of the date
of th exclusion , and that the quality of service will not be lower than tha t provided
by the district .
RCCOMMENDATION:
It i~ th re comme ndation of the Department of Community Development th at the Cit y
Council pass the necessary Resolution of Intent to petition the Arapah oe County
District Co urt to exclude the Arapah e County Fair Association property from the
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followin g distri cts : Th e Arapahoe Co unty La w Enf0rcemc>nt Distri c t, th Arapaho
Ref'ion a l Library Di s tri c t, the Sou th Suburhan Parks and Rc>c reat ion Di s tri ct and tht>
Littleton Fire Protection Distri c t. lt is the furth e r re comm ndation that up o n th t
approval of th e Council Re ·oluti0ns , that th e Cit y Attorney's Office b r eq u es t ed t o
file the petition s in th e Distric t Court in and for the Count y of Arapahoe , Stat e of
Co lorado.
SUGGESTED ACTION:
MOVED BY
SECOND
YES NO BS ENT
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RESOLUTION NO._!!__, SERIES OF 1985
A RESOLUTION RELATING TO 'niE DOUBLE TAXATION OF TERRITORY WITHIN
THE CITY OF ENGL™OOO RESULTING FRQ1 THE OVERLAPPING OF SERVICES
PROVIDED BY THE LOCAL G'JVE~ENTS AND BFX:AUSE OF THE ANNEXATION AS
IT RELATES TO THE ARAPAHOE COUNTY I.AW ENF~&llli'l' DISTRICT.
WHEREAS, in order to eliminate the overlapping of services
provided by Arapahoe Cbunty Law Enforcement District and those
provided by the City of Englewood, Colorado, and the double
taxation lotlich 11«>uld occur, a petition will be filed with the
Disti::ict Court in and for the Cbunty of Arapahoe, State of
Colorado, for exclusion of certain territory lying and being within
the City of Eng lewood , Colorado, and also within the said Arapahoe
County Law Enforcanent District; and
WHEREAS, the City of Englewood has sufficient law enforce-
ment facilities to provide the territory with law enforcement equal
to or better than those of Arapahoe Cbunty Law Enforcement District
and the quality of the services to be provided by the municipality
will not be lower than the District in the territory described
herein; and
WHEREAS, Arapahoe Cbunt y Law Enforcenent District owns no
assets located within the territory annexed to the City of
Engle1'A'.>od;
Na-<, THEREFORE, BE IT RESOLVED BY THE CITY OF E!G.™<XX>,
COLORADO, AS FOLL<loJS:
Section l. 'Ihat pursuant to the provisions of C.R.S.
32-1-304(1) (a), the City Council, as the governing body of said
municipality, hereby agrees to continue to provide the services
provided by Arapahoe Cbunty Law Enforcement District to the area
described in Section 2 hereof within one year of the date of the
exclusion order, and the quality of services to be provided will
not be lower than the District.
Section 2. 'Ihe area to be excluded, now in Arapahoe Cbunty
Law Enforcaner.t District, is situate in the Cbunty of Arapahoe,
State of Colorado, and more particularly described as follows:
PPI NO. 2077-16-1-00-013 (05-68-16):
'Ihe Northwest 1/4 of Northeast 1/4, except the East
106.2 feet and except the West 530 feet and except roads,
Section 16, Township 5 South, Range 68 West.
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PPI NO. 2077-16-1-00-014 (05-68-16):
The F..ast 106.2 feet of the Northwest 1/4 of Northeast
1/4, except roads, Section 16, Township 5 South, Range 68
West.
PPI NO. 2077-16-1-00-015 (05-68-16)
The West 1/2 of Northeast 1/4 of M:>rtheast 1/4, except
that portion in Book 1978 at page 176 and except the South
650 feet of the F..ast 500 feet of the Southwest 1/4 of
Northeast 1/4 of M:>rtheast 1/4 and except roads, Section 16,
'lbwnship 5 south, Range 68 West.
PPI NO. 2077-16-1-00-010 (05-68-16):
The South 650 feet of East 500 feet of southwest 1/4 of
M:>rtheast 1/4 of M:>rtheast 1/4, except any portion described
in Book 1978 at page 176 and except roads and rights-of-way
and except improvanents to others, Section 16, Township 5
south, Range 68 West.
PPI NO. 2077-09-4-00-013 (05-68-09):
Beginning at the Southwest corner of the Southeast 1/4;
thence F.ast 835 feet; thence M:>rth 607 .11 feet; thence
Northwest 4.09 feet plus 648 feet; thence Fast 344. 75 feet;
thence South 1054 feet to the beginning, excepting roads,
Section 9, Township 5 South, Range 68 West.
AOOPTED ~ APPROVED this day of------' 1985.
~ene L. Otis, Mayor
Attest:
ex off1c10 City Clerk-Treasurer
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1, Gary R. Higbee, ex officio City Clerk-Ti:easurer of the City
of Englewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and canplete copy of Resolution No. , Series
of 1985.
Gary R. Higbee
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JI c 11
RESOLUTION N0._1_, SERIES OF 1985
A RESOLUTION REC>.TING 'ro THE DOUBLE TAXATION OF TERRITORY WITHIN
THE CITY OF ENGLEWOOD RESULTING FR<l'I THE OVERIAPPING OF SERVICES
PROVIDED BY THE l:OCAL OOVERNMENTS AND BOCAUSE OF THE ANNEXATION AS
IT REC>.TES 'ro THE ARAPMIOE REGIONAL LIBRARY DISTRICT.
WHEREAS, in order to eliminate the overlapping of services
provided by Arapahoe Regional Library District and those provided
by the City of Englewood, Colorado, and the double taxation which
would o~cur, a petition will be filed with the District Court in
and for the County of Arapahoe, State of Colorado, for exclusion of
certain territory lying and being within the City of Englewood,
Colorado, and also within the said Arapahoe Regional Library
District; and
WHEREAS, the City of Englewood has sufficient library
facilities to provide the territory with library services equal to
or better than those of Arapahoe Regional Library District and the
quality of the services to be provided by the municipality will not
be lower than the District in the territory described herein; and
~. Arapahoe Regional Library District owns no assets
located within tne territory annexed to the City of Englewood;
~. THEREFORE, BE IT RESOLVED BY THE CITY OF ENGLEWOOD,
COLORADO, AS FOL!mS:
Section 1. 'nlat pursuant to the provisions of C.R.S.
32-1-304(1) (a), the City Council, as the governing body of said
municipality, hereby agrees to continue to provide the services
provided by Arapahoe Regional Library District to the area
described in Section 2 hereof within one year of the date of the
exclusion order, and the quality of services to be provide:} will
not be lower than the District.
Section 2. 'nle area to be exclude:} fran Arapahoe Regional
Library District is situate in the County of Arapahoe, State of
Colorado, and more particularly described as follows:
PPI NO. 2077-16-1-00-013 (05-68-16):
'nle Northwest 1/4 of Northeast 1/4, except the East
106.2 feet and except the West 530 feet and except roads,
Section 16, Township 5 South, Range 68 West.
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PPI NO. 2077-16-1-00-014 (05-68-16):
The East 106. 2 feet of the Northwest 1/4 of Northeast
1/4, except roads, Section 16, Township 5 South, Range 68
West.
PPI NO. 2077-16-1-00-015 (05-68-16)
The West 1/2 of Northeast 1/4 of t-k>rtheast 1/4, except
that portion in Book 1978 at page 176 and except the South
650 feet of the East 500 feet of the Southwest 1/4 of
Northeast l/4 of Northeast 1/4 and except roads, Section 16,
'Ibwnship 5 South, Range 68 West.
PPI NO. 2077-16-1-00-010 (05-68-16):
'ltle South 650 feet of East 500 feet of Southwest 1/4 of
Northeast 1/4 of Northeast 1/4, except any portion described
in Book 1978 at page 176 and except roads and rights-of-way
and except improvenents to others, Section 16, Township 5
South, Range 68 West.
PPI NO. 2077-09-4-00-013 (05-68-09):
Beginning at the Southwest corner of the Southeast 1/4;
thence East 835 feet; thence North 607.11 feet; thence
Northwest 4.09 feet plus 648 feet; thence East 344. 75 feet;
thence South 1054 feet to the beginning, excepting roads,
Section 9, TOwnship 5 South, Range 68 West.
AOOPI'ED AND APPROVED this day of------' 1985.
Eugene L. Otis, Mayor
Attest:
ex officio city Clerk-Treasurer
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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 aoo canplete copy of Iesolution No. __ , Serie?
of 1985.
Gary R. Higbee
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// C, /II
RESOLUTION NO. i , SERIES OF 1985
A RESOLUTION RECATING TO THE DOUBLE TAXATION OF TERRITORY WITHIN
THE CITY OF ENGLEWOOD RESULTING FRCJ-1 THE OVERL.&.PPING OF SERVICES
PROVIDED BY THE LOCAL GOVERt-11ENTS AND BOCAUSE OF THE ANNEXATION AS
IT REL.&.TES TO SOtJrH SUBURBAN PARKS AND ROCREATION DISTRICT.
WHEREAS, in order to eliminate the overlapping of services
provided by South Suburban Parks and Recreation District and those
provided by the City of ~lewood, Colorado, and the double
taxation which would occur, a petition will be filed with the
District Court in and for the County of Arapahoe, State of
Colorado, for exclusion of certain territory lying al'Xl being within
the City of ~lewood, Colorado, and also within the said South
Suburban Parks and Recreation District; and
WHEREAS, the City of ~lewood has sufficient facilities to
provide the territory with parks and recreation facilities equal to
or better than those of South Suburban Parks arXJ Recreation
District and the quality of the services to be provided by the
municipality will not be lower than the District in the territory describErl herein; and
WHEREAS, South Suburban Parks and Recreation District owns no
assets located within the territory annexed to the City of Englewood;
NCM, 'rnEREFORE, BE IT RESOLVED BY 'rnE CITY OF ENGLEWOOD, COLORADO, AS FOLLCMS:
Section 1. 'Ihat pursuant to the provisions of C.R.S.
32-1-304(1) (a), the City Council, as the governing body of sa id
municipality, hereby agrees to continue to provide the services
provided by South Suburban Parks and Recreation District to the
area descr ibErl in Section 2 hereof within one year of the date of
the exclusion order, and the quality of services to be provided
will not be lower than the District.
Section 2. 'Ihe area to be excluded, now in South Suburban
Parks and Recreation District, is situate in the County of
Arapahoe, State of Colorado, and is more particularly described as follows:
PP! NO. 2077-16-1-00-013 (05-68-16):
'nle Northwest 1/4 of Northeast 1/4, except the F.ast
106.2 feet and except the West 530 feet aoo except: roads,
Section 16, Township 5 South, Range 68 West •
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PP! NO. 2077-16-1-00-014 (05-68-16):
'nlE! F.ast 106. 2 feet of the ~rthwest 1/4 of Northeast
1/4, except roads, Section 16, Township 5 South, Range 68
West.
PPI NO. 2077-16-1-00-015 (05-68-16)
'nlE! west 1/2 of Northeast 1/4 of Northeast 1/4, except
that portion in Book 1978 at page 176 and except the South
650 feet of the F.ast 500 feet of the South"olest 1/4 of
Northeast 1/4 of Northeast 1/4 and except roads, Section 16,
Township 5 South, Range 68 West.
PPI !«). 2077-16-1-00-010 (05-68-16):
'nle South 650 feet of East 500 feet of Southwest 1/4 of
Northeast 1/4 o f Northeast 1/4, except any portion described
in Book 1978 at page 176 and except roads and rights-of-way
and except improvements to others, Section 16, Township 5
South, Range 68 West.
PP! NO. 2077 -16-1-00-012 (05-68-16):
'nlE! Wes t 530 feet of the Northwest 1/4 of Northeast
1/4, Section 16, To1ot1ship 5 South, Range 68 West.
PP! NO. 2077-09-4-00-013 (05-68-09):
Beginning at the Southwest corner of the Southeast 1/4;
thence East 835 feet; thence ~rth 607.11 feet; thence
Northwest 4.09 feet plus 648 feet; thence Fast 344. 75 feet;
thence South 1054 feet to the beginning, excepting roads,
Section 9, Township 5 South, Range 68 West.
AOOPTil> AND APPROVED this __ day of------' 1985.
Attest: aJgene L. OtlS, Mayor
ex officio City Clerk-Tr surer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of tnglewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and c:anplete copy of Resolution No. __ , Series Of 1985.
Gary R. Higbee
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I/ c nJ
RESOLUTION NO._f]__, SERIES OF 1985
A RESOLUTION RELATING TO THE OOUBLE TAXATION OF TERRITORY WITHIN
THE CITY OF ENGL&lOOD RESULTING FRCM THE OVERLAPPING OF SERVICE:.5
PROVIDED BY THE LOCAL OOVERN'IBNTS AND BOCAUSE OF THE ANNEXATION AS
IT RELATES TO THE LITTLETON FIRE PR<YrEX::TION DISTRICT.
WHERF.AS, in order to eliminate the overlapping of services
provided by Littleton Fire Protection District and those provided
by the City of Englewood, Colorado, and the double taxation "'1 ich
wo uld occur, a petition will be filed with the District Court in
and for the County of Arapahoe, State of Colorado, for exclusion of
certain territory lying and be i ng within the City of Englewood,
Colorado, and also within the s aid Littleton Fire Protection District; and
WHEREAS, the City of Englewood has sufficient fire protec-
tion facilities to provide the territory with fire protection equal
to or better than those of Littleton Fire Protection District arXl
the quali ty of the services to be provided by the municipality will
not be lower than the District in the territory described herein; and
WHEREAS, Littleton Fire Protection District owns no assets
located within the territory annexed to the City of Englewood;
N™, THEREFORE, BE IT RESOLVED BY THE CITY OF ENGLEWOOD,
COLORAOO, AS FOILClolS:
Section 1. 'nlat pursuant to the provisions of C.R.S.
32-1-304(1) (a), the City Council, as the governing body of said
mun i cipality , hereby agrees to continue to provide the services
provided by Littleton Fire Protection District to the area
described in Section 2 hereof within one year of the date of the
exclusion order, and tne quality of services to be provided will
not be lower than the District.
Section 2. 'nle area to be excluded , now in the Littleton
Fire Protection District, is situate in the County of Arapahoe,
State of Colorado, and more particularly described as follows:
PPI NO. 2077-16-1-00-013 (05-68-16):
'nle Northwest 1/4 of Northeast 1/4, except the Fast
106. 2 feet and except the West 530 feet and except roads,
Section 16, Township 5 South, Range 68 West.
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PP! NO. 2077-16-1-00-014 (05-68-16):
The F.ast 106.2 feet of the Northwest 1/4 of Northeast
1/4, except roads, Section 16, Township 5 South, Range 68
West.
PPI NO. 2077-16-1-00-015 (05-68-16)
The West 1/2 of Northeast 1/4 of Northeast 1/4, except
that portion in Book 1978 at page 176 and except the South
650 feet of the Fast 500 feet of the Southwest 1/4 of
Northeast 1/4 of Northeast l/4 and except roads, Section 16,
'Ibwnship 5 South, Range 68 West.
PPI NO. 2077-16-1-00-010 (05-68-16):
The South 650 feet of F.ast 500 feet of Southwest 1/4 of
Northeast 1/4 of Northeast 1/4, except any portion described
in Book 1978 at page 176 and except roads and rights-of-way
and except irnprovE!llents to others, Section 16, Township 5
south, Range 68 West.
PPI NO. 2077-16-1-00-012 (05-68-16):
'Ille West 530 feet of the Northwest 1/4 of N:>rtheast
1/4, Section 16, Township 5 south, Range 68 West.
PPI NO. 2077-09-4-00-013 (05-68-09):
Beginning at the Southwest corner of the Southeast 1/4;
thence Fast 835 feet; thence N:>rth 607.11 feet; thence
Northwest 4.09 feet plus 648 feet; thence Fast 344. 75 feet;
thence South 1054 feet to the beginning, excepting roads,
Section 9, Township 5 South, Range 68 West.
ADOPTED~ APPROVED this __ day of------' 1985.
Attest: Eugene L. Otis, Mayor
ex off1c10 City Clerk-Treasurer
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I, G:lry R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above aoo foregoing
is a true, accurate aoo canplete copy of Jesolution No. __ , Series of 1985.
Gary R. Higbee
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