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HomeMy WebLinkAbout2026 Resolution No. 012RESOLUTION NO. 12 SERIES OF 2026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, ACCEPTING A DRAINAGE MAINTENANCE EASEMENT AGREEMENT WITH ENGLEWOOD CO PROJECT OWNER, LLC FOR THE OXFORD AND NAVAJO ESTATES STORMWATER DRAINAGE FACILITY WHEREAS, the City of Englewood (“City”) is a Colorado home-rule municipality authorized to acquire interests in real property, including easements, for public purposes; and WHEREAS, Englewood CO Project Owner, LLC, a Delaware limited liability company (“Owner”), is developing certain real property located generally at the southeast corner of W. Oxford Avenue and S. Navajo Street in Englewood, Colorado, known as the Oxford and Navajo Estates development (“Project”); and WHEREAS, the Project includes construction of an underground stormwater drainage and detention facility designed to reduce runoff to pre-development levels and improve water quality prior to discharge into City-owned infrastructure and downstream waterways (“Drainage Facility”); and WHEREAS, the City is a Phase II Municipal Separate Storm Sewer System (“MS4”) permittee regulated by the Colorado Department of Public Health and Environment (“CDPHE”) pursuant to permit COR090056, which requires the City to ensure that stormwater facilities are subject to adequate legal mechanisms for access, inspection, operation, and maintenance; and WHEREAS, to satisfy such requirements and to protect the public health, safety, and welfare, the Owner has agreed to grant to the City a perpetual, non-exclusive drainage maintenance easement over the area containing the Drainage Facility (“Easement Area”) under a Drainage Maintenance Easement Agreement; and WHEREAS, on May 12, 2026, the Water and Sewer Board reviewed the proposed Drainage Maintenance Easement Agreement and recommended that City Council approve the Agreement; and WHEREAS, the City Council finds that acceptance of the Drainage Maintenance Easement Agreement will ensure the long-term functionality of stormwater infrastructure, protect water quality, and support the City’s strategic goals related to infrastructure and sustainability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council hereby accepts the Drainage Maintenance Easement Agreement with Englewood CO Project Owner, LLC for the Oxford and Navajo Estates Stormwater Drainage Facility, substantially in the form attached hereto. Section 2. The Mayor, Mayor Pro Tem (in the Mayor’s absence), and/or City staff are hereby granted the authority to take all actions necessary to implement the provisions of Section 1 above, including coordinating with the Owner and recording the fully executed Agreement in the real property records of Arapahoe County, Colorado, and correcting formatting and/or typographical errors discovered during codification. ADOPTED AND APPROVED this 18th day of May, 2026. Docusign Envelope ID: A0C7B9FA-F952-835C-80A0-D7C40626E8D1 Othoniel Sierra, Mayor ATTEST: Andreina Prado, Acting City Clerk I, Andreina, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. 12, Series of 2026. Andreina Prado Docusign Envelope ID: A0C7B9FA-F952-835C-80A0-D7C40626E8D1