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Home My WebLink AboutOrdinance-2005-1350 -- - CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ADAMS Council Bill No. 13 Ordinance No. 1350 Series of 2005 TITLE: AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER DEPARTMENT WHEREAS, the City is the fee title owner of certain real property encompassing the drainage of Clear Creek as it traverses the City (the "Property"), and WHEREAS, the City and County of Denver, acting through its Board of Water Commissioners, has requested that the City grant an easement for water pipeline and access purposes across a certain portion of the Property; and WHEREAS, the City Council finds that adequate limitations are imposed upon the easement sufficient to protect the City's interests, and WHEREAS, Section 6 3 of the Wheat Ridge home rule charter permits the Council to approve the grant of the easement by ordinance adopted by a three-fourths majority of the entire Council NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. The Easement Agreement attached hereto as Exhibit A is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same Section 2. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3. Severability; Conflictin~ Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 4. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter WRCA 020 - INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 8th day of August , 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 22 , 2005, at 700 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 22nd day of '{i.t SIGNED by the Mayor on this ,~,g day of ,2005 ,2005 First Publication August 11, 2005 Second Publication August 25, 2005 Wheat Ridge Transcript Effective Date September 9, 2005 WRCA 020 EXHIBIT A Easement Agreement WRCA 020 - EASEMENT AGREEMENT Please reference the following number on all b~ng;?~ts. Contract # '..J~ / - Recorded at Reception Xo. 2005076211 in the County of Jefferson on 09/0112005 THIS EASEMENT AGREEMENT IS made between CITY OF WHEAT RIDGE, a municipal corporation, heremafter called "Grantor", (whether grammatIcally smgular or plural) and the CITY AND COUNTY OF DENVER, actmg by and through ItS BOARD OF WATER COMMISSIONERS, herem after called "Board" WITNESSETH: For and m consideration of the sum of THIRTY-ONE THOUSAND SIX HUNDRED AND NOll 00 DOLLARS ($31,600 00) and other good and valuable conSideratIon to the Grantor m hand paid by the Board, the receipt whereof IS hereby acknowledged, the Grantor hereby grants to the Board, ItS successors and assigns, the sole, exclusive and permanent nght to enter, re-enter, occupy and use the described property to construct, mamtam, repair, replace, remove, enlarge and operate one or more water Plpelmes and all underground and surface appurtenances thereto, mcludmg electnc or other related control systems, underground cables, wires and connectIOns and surface appurtenances. By way of example and not by way of limitation, the parties mtend to mclude wlthm the temlS "pipelines" and "appurtenances" the followmg: mams and condUits, valves, vaults, manholes, control systems, ventilators, and the like, m, through, over and across the followmg described parcel of land Situate, lymg and bemg III the County of and State of Colorado, to-WIt: (For Legal Description, please see Exhibit "A", attached hereto and made a part hereof) IT IS HEREBY MUTUALLY covenanted and agreed by and between the partIes hereto as follows: 1 The Board shall have and exercise the nght of mgress and egress in, to, over, through and across the above described property for any purpose needful for the full enjoyment of any other right of occupancy for herem. 2. The Grantor shall not construct or place any structure or bmldmg, fence, retammg wall, street light, power pole, yard light, mail box, Sign or trash receptacle, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above describcd easement. Any structure or bUlldmg, fence, street light, power pole, yard light, mail box or sign, temporary or permanent, or shrub, tree, woody plant or nursery stock, of any kmd situated on the above described easement as of the date of thiS Agreement, may be removed by the Board WIthout lIabilIty for damages ansmg therefrom. 3 Fencmg eXlstmg at the tIme of this Agreement which IS disturbed or destroyed by the Board or Its agents m constructmg Its facIlitIes shall be replaced by the Board to ItS ongmal condition as nearly as reasonable; however, the Grantor shall not construct new fencmg across or wlthm the easement. 4. The Grantor grants to the Board the nght to occupy the easement m order to protect Its mterests m and nght of occupancy of the easement at all times and partIcularly dunng tImes of constructIOn, repair, removal, replacement or enlargement of water faCilitIes. 5 The Board shall have and exercise the nght of subjacent and lateral support to whatever extent IS necessary or desIrable for the full, complete and unmolested enjoyment of the nghts described herem. It IS specifically agreed between the parties that the Grantor shall take no actIon which would Impair the earth cover over, or the lateral or subjacent support for any water pipelIne or lInes and appurtenances wlthm the easement. The Board's Engmeenng Standards reqUire no less than four and one-half (4Yz) feet and no more than ten (10) feet of earth cover, measured vertically from the top of any Plpelme or lines. DeViatIOn from thiS reqUirement will be penmtted only upon specific pnor, wntten permiSSIOn from the Board. If such modificatIOn undertaken by the Grantor reqUires alteratIOns to any Plpelme faCility, such alteration shall be at the Grantor's expense 6 After constructIOn of any water plpelme or lines the general surface of the ground, except as necessanly modified to accommodate appurtenances, shall be restored, as nearly as reasonable, to the grade and condition Immediately pnor to construction. Topsoil shall be replaced m cultivated and agncultural areas, and any excess earth resultmg from mstallatlOns by the Board shall be removed from the easement at the sole expense of the Board. The Board agrees that for a penod of one-year followmg construction which mvolves disturbance of the surface of the ground, the Board Will mamtalll the surface elevatIOn and quality of the SOli by correctmg any settlmg or subsldmg that may occur as a result of the work done by the Board. 7 The Grantor has retamed the nght to the undisturbed use and occupancy of the subject property msofar as such use and occupancy IS consistent With and does not Impair any grant herem contamed and except as herem otherwise proVIded. Without IImltmg the generalIty of the foregomg sentence, the Grantor and the Board agree that the Grantor may use the subject property for openspace, park, and pedestnan trail purposes, consistent With use of contIguous property owned by Grantor and devoted to these purposes 8 It IS mutually agreed by and between the parties that the Board may commence the exercise of ItS nghts hereunder forthWith or It may postpone the exercise of all or some part of ItS nghts hereunder to some mdetermmate future tIme The Board IS acqUlnng the nghts 111 the subject property m order to msure to the Board a dommant easement for the exercise of the Board's functIons and that the exercise of any nghts m the subject property other than those retamed by the Grantor shall be wlthm the discretIon of the Board. 9 If the Board abandons use and operation ofthe PlpeIme facilIties laid pursuant to thiS casement, such abandonment shall not constItute abandonment of ItS nghts under thiS easement. 2 10 The Grantor warrants that Grantor has full nght and lawful authonty to make the grant contamed herem, and promises and agrees to defend the Board III the exercIse of Its rights hereunder agamst any defect m Grantor's title to the land mvolved or Grantor's nght to make the grant contamed herem. 11 Each and everyone of the benefits and burdens of thiS Agreement shall Illure to and be bll1dmg upon the respectIve legal representatives, heirs, executors, admlmstrators, successors and assigns of the parties, 12. For the resolutIOn of any dispute ansmg from thiS Agreement, venue shall be m the courts of the City and County of Denver, State of Colorado 13 Unless special provIsions are listed below and/or attached, the above constItutes the whole Agreement between the part1es and no additIOnal or different oral representatIOn, promise or agreement shall be bmding on any of the partIes With respect to the subject matter of thIS mstrument. To the extent that any speCial proVIsions added are m conflIct With any other proVISIOns, the speCial provIsions shall control and supersede any other terms or provIsions. SPECIAL PROVISIONS. Notwlthstandmg the proVISIOns of paragraph 8, the Board acknowledges the eXIstence of a non-exclUSive easement granted to the FrUltdale SamtatlOn Dlstnct for water and/or samtary sewer lines located wlthm the Board's easement at the northernmost portIOn of the easement and recorded under ReceptIon Number 79105298 on November 19, 1979 In the Clerk and Recorder's Office of the County of Jefferson. All other proVISIons and terms ofth1s agreement shall remam m full force and effect. 3 THIS EASEMENT AGREEMENT shall become effectIve on the date It IS signed by the appropnate representative of the Board. ATTEST ~~ mela An erson, City Clerk APP~D AS.,Tq FO.~. . ._, " ~~kt t,,acr Gera E. Dahl, City Attorney STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) City of Wheat Ridge, a mUnicIpal corpora The foregomg Instrument was acknowledged before me this day of , 2005, by Gretchen Cerveny as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, a municipal corporation. Witness my hand and offiCial seal {S EALl My commiSSIOn expires, Notary Public CITY AND COUNTY OF DENVER, actIng by and through ItS BOARD OF WATER COMMISSIONERS By' //~7 ffi",,"'7 "a..... H.J B;rry, Mana~.7 f~? / /~;; /' - Date /,/':'/. J- {S E A L} Legal Dlvlslon _ ~ \\'OR[)'I\(iRMVPESMT Wf[E/\T RlDGE- n -or _CONDUll t\IJ\1RER 15'1 I J8'i~-~ ('UNO "AS REGISTERED AND COUNTERSIGNED: ., . Auditor CITY 1NDfDUNTY 9F DENVEj (1 By u" / (d~,(.A.-I-L.f-.--/' Deputy A 4 EXHIBIT "A" A parcel of land situated in the northwest quarter of the southeast quarter (NW% SE%) of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, Colorado more particularly described as follows: BEGINNING at a point on the west line of the southeast quarter of the northwest quarter of the southeast quarter of said Section 21, from which the northwest - southeast one sixty fourth corner of said Section 21 bears North 00015'03" West 24.09 feet; thence South 00015'03" East 53 89 feet; thence North 68020'12" West 414.03 feet; thence North 03031'01" West 285.78 feet; thence North 86016'10" East 50.00 feet; thence South 03031 '01" East 254.23 feet; thence South 68020'12" East 362.17 feet to the POINT OF BEGINNING as shown on Denver Water CAD drawing 11853-3_pmgt a copy of which is attached hereto and made a part hereof. This parcel contains 0 755 acre more or less. Name and Address of Person Creating Newly Created Legal Description (\}38-35-106.5,C.R.S.) Denver Water 1600 West 12th Avenue Denver, Colorado 80204 N:'.WORDlLEGALS\2004\ 11853-3_pmgt.doc -- SE 1 4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P M ---- JEFFERSON COUNTY ---- -i Dr 58 No 22.01-75 --- PRllPEIl11 llP 1:111 llP WHEA 1 R10aE NE 1/4 NW 1/4 SE 1/4 SEC 21 N C-N-SE ~4 Cor See 21 Lane Engineers 1~" Alum, Cap & Rebar - ~~29~0~ - --..f'--.:. N u.. SE 1/" NW 1/" SE 1/" s.c 21 5 a D- o '" iii w ........... NOO'15'03"~ :-, en........... 24 09' .a<<!~ ........... ~:ri ~ ........... 8........... 1;;;;"........... ........... Vl ........... ""VJ..2~ -........... ........... ...........~ ~ ~ ---- ~ \ \ SE 1/4 NW 1/4 \ \ \ \ SE 1/4 SEC 21 BASIS OF BEARING: Bearings are based on the north line of the sautheast quarter af the northwest quarter of the southeast quarter af Section 21 being N89'29' 40"E. 100 0 ...,.-------...- 100 200 , SCAlE IN FEET PARCEL CONTAINS 0.755 ACRE:t: LEGEND ~ EASEMENT ACQUIRED VER ~VA ER CONDUIT NUMBER 159 EASEMENT ACQUIRED FROM CITY OF WHEAT RIDGE JE. FEBRUARY 11 2005 SCALE: 1" 100' CAD 11653 3J'MGT o. w.o. PROP ADMIN. STn. 03J001 DENVER "VATER 1 hOO West 12th ,",venue. Denver, Colorado H0204- J412 Phone 30:{-62H-bOOO' fa... No. ](H-h18-b 144 October 13, 2005 Ms. Joyce Manwaring City of Wheat Ridge Parks and Recreation 4005 Kipling Street Wheat Ridge, Colorado 80033 Dear Ms Manwaring' Enclosed is an original of the fully executed Easement Agreement dated September 01, 2005, by which City of Wheat Ridge, a municipal corporation, granted to the Board a Conduit Easement for the continued operation, maintenance and installation of a Main located approximately at Kipling Street and 32nd Avenue to Moore Street and 43rd Avenue and serving the Conduit Number 159 project, situated in the SE % of Sec. 21, 13S, R69W of the 6th PM., in the County of Jefferson, State of Colorado The Easement Agreement was recorded in the records of the Clerk and Recorder's Office of the County of Jefferson at Reception Number 2005076211 on September 01, 2005 Also enclosed is Denver Water Warrant #00141540 made to the order of City of Wheat Ridge, in the amount of $31,600 00 as payment for the easement. Thank you for your cooperation in finalizing this matter If you have any questions regarding this matter, you may call me at 303-628-6065 Sincerely, Angelina Savard Administrative Assistant Property ManagemenURecreation Enclosure N;\WORD\TRANSL TR\ -WHEAT-RIDGE-CITY-OF _CONDUIT-NUMBER-159_11853-3 EA$-FIN-l TR CONSERVE