HomeMy WebLinkAboutOrdinance-2006-1365
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WOMBLE
Council Bill No 15
Ordinance No 1365
Series of 2006
TITLE. AN ORDINANCE APPROVING THE PARTIAL REVOCATION
OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL
EASEMENT TO THE CITY AND COUNTY OF DENVER,
ACTING BY AND THROUGH ITS BOARD OF WATER
COMMISSIONERS
WHEREAS, the City of Wheat Ridge (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 has previously granted, by ordinance, an easement across the
Property for the use of the City and County of Denver, acting by and through its Board
of Water Commissioners ("Denver") for water pipeline and access purposes (the "2005
Easement"), and
WHEREAS, Denver has determined that it is necessary to realign the pipeline
concerned, resulting in a portion of the 2005 Easement no longer being needed, and the
need for an additional easement; and
WHEREAS, Denver has proposed the partial revocation of a portion of the 2005
Easement and has requested an additional Easement across the Property to
accommodate the realigned pipeline project; and
WHEREAS, The City Council finds that a portion of the 2005 Easement is no
longer needed by Denver and it is in the best interests of the City that said portion be
vacated to remove the encumbrance upon the City's title to the Property; and
WHEREAS, the City Council finds that adequate limitations are imposed upon
the requested additional 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 "Partial Release of Easement" attached hereto as Exhibit A is
hereby approved, and the City hereby authorizes Denver to execute and record the
same.
WRCA 020
Section 2. The "Easement Agreement" attached hereto as Exhibit B is hereby
approved, and the Mayor and City Clerk are hereby authorized and directed to execute
the same
Section 3. 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 4. Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to
o on this 26th day of June, 2006, 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 July 10 , 2006, at 7'00 o'clock p.m , 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 10th day of July , 2006
SIGNED by the Mayor on this 29th
day of September , 2006
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Je;,w Dil'y/lio, Mayor
,ATTEST
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Pamela Anderson, City Clerk
First Publication: June 29, 2006
Second Publication October 5, 2006
Wheat Ridge Transcript
Effective Date. October 20,2006
WRCA 020
EXHIBIT A
PARTIAL RELEASE OF EASEMENT
[ATTACHED]
WRCA 020
~... -~--_.- ~
AGREEMENT DATE.
(To he completed ~~~em'er lVatcr -- ProperlyAfann!?{>mcnI)
PARTIAL RELEASE OF EASEMENT
THIS PARTIAL RELEASE OF EASEMENT is made and executed by the CITY AND
COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS,
(BOARD).
WITNESSETH:
WHEREAS, the Board acquired an easement from CITY OF WHEAT RIDGE, a
municipal corporation, dated September 01, 2005, and recorded in the Office of the Clerk and
Recorder of Jefferson County, Colorado on September 01, 2005, at Reception Number
2005076211, ("Easement), and
WHEREAS, the BOARD has determined that a portion of the Easement is no longer
useful, and/or not required in the water works operation of the BOARD
NOW THEREFORE, the BOARD releases all of its right, title and interest in and to that
portion of the Easement described in attached and incorporated Exhibit "A", AutoCAD Drawing
11853-6_PMGT to and in favor of the PRESENT OWNER(S) of the property on which the
Easement is located, effective upon the recording of this Partial Release of Easement. All other
terms and conditions of said Easement dated September 01, 2005, remain in full force and effect
IN WITNESS WHEREOF, the BOARD's Manager has executed this Release of
Easement, which has been attested to by the Acting Director of Engineering, with its corporate
seal affixed
ATTESTED AND APPROVED-
CITY AND COUNTY OF DENVER,
acting by and through its
BOARD OF WATER COMMISSIONERS
By'
John H Bambei, Acting Director of Engineering
H. J Barry, Manager
Date
APPROVED AS TO FORM:
~~ ~ Oce
Legal Divisl
{S E A L}
NWlORl'AGRMNT'PAR_REL_ESMTIWI-tE..O.T-RlDGE-CIl1'-OF CONDUIT ~R_'';9_11~_PAAT-R8.-Df.EAS
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..----,-
EXHIBIT "A"
A parcel of land situated in the northwest quarter of the southeast quarter (NW1f4 SE1f4) 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 northeasterly corner of Denver Water's easement, the agreement
for which is recorded at Reception No. 2005076211 in the Clerk and Recorder's
Office of Jefferson County being 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 along said easement the following two courses;
South 00015'03" East 53.89 feet;
thence North 68020' 12" West 263.00 feet;
thence North 00048'34" West 54.11 feet to a point on the northerly boundary of said
easement;
thence along said northerly boundary South 68020'12" East 263 57 feet to the POINT
OF BEGINNING as shown on Denver Water CAD drawing 11853-6_pmgt a copy of
which is attached hereto and made a part hereof
This parcel contains 13,164 square feet more or less.
Denver Water
1600 West 12th Avenue
Denver. Colorado 80204
21. TOWNSHIP 3 SOUTH. RANGE 69 WEST 6th P M
---- JEFFERSON COUNTY ----
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Or 66 Ho 22.0\-75
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CLEAR CREEK
P flOP f!fl'fY Or:
Cl"fY Or: ~JHf!A'r fllrlSf!
NE 1/4 NW 1/4
SE 1/4 SEC 21
C-N-SE .li4 Cor See 21
lane Engineers
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53.89' ~ ~ ~
BASIS OF BEARING.
Bearings are based on the north line of
the southeast quarter of the northwest
quarter of the southeast quarter of Section
21 being N89'Z9' 40"[,
SE 1/4 NW 1/4
SE 1/4 SEC 21
\ \
\ \ \
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100 0
'-.---------
100
200
,
SCALE IN FEET
LEGEND
~ BNDRY EXISTING D.W.D
I:22Zl EASEMENT CONVEYED
ESMT
DOCUMENT DATED
SEC'Y FilE 429 DOC. 225
RIMS ITEM NO. 08797
CARD NO.
DRN. AM PM. --- S.
APPD
SHEET 1 OF 1 SHEET
CAD 11853-6_PMGT
w.o. PRoPERTY MANAGMENT STANDAROS. '022.2004-
EXHIBIT B
EASEMENT AGREEMENT
[A TT ACHED]
WRCA 020
EASEMENT AGREEMENT
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, actll1g by and through its BOARD OF WATER
COMMISSIONERS, hereinafter called "Board"
WITNESSETH:
For and in consideration of the sum of FOURTEEN THOUSAND ONE HUNDRED
TWENTY-SIX AND 001100 DOLLARS ($14,126.00) and other good and valuable
consideratIOn to the Grantor in 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, mall1tain, repaIr, replace, remove, enlarge and operate one or more water pipelInes and
all underground and surface appurtenances thereto. lI1cludmg electnc or other related control
systems, underground cahles, wires and connections and surface appurtenances. By way of
example and not by way of lmlltatlOn, the partIes mtend to mclude WIthm the tel111S "Plpelmes"
and "appurtenances" the followmg: mams and conduIts, valves, ";!lIlts, manholes, control
systems, ventIlators, and the like. m. through. 0\ er and across the followmg described parcel of
land Situate, Iymg and bemg 111 Jefferson County and State of Colorado, to-WIt.
(For Legal Description, please see Exhibit "A", attached hereto and made a part hereof)
IT IS HEREBY MUTllALLY covenanted and agreed by and between the parties hereto
as follows
1 The Board shall have and exercise the right of mgress and egress m, 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 constmct or place any stmcture or building, fence, retammg
wall, street light, power pole, yard light, mail box, SI/:,'11 or trash receptacle, temporary or
permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above
described easement. Any stmcture or bUlldll1g, fence, street lIght, power pole, yard lIght, mail
box or sign, temporary or permanent, or shmb, 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 arismg therefrom.
3 F cnclI1g eXlstmg at the tllne of thIs Agreement \V hlch IS dIsturbed or destroyed by
the Board or ItS agents 111 constmctll1g ItS facilitIes shall be replaced by the Board to Its ongll1al
condltlon as nearly as reasonable; however, the Grantor shall not construct new fencmg across or
wlthm the easement.
4 Thc Grantor grants to the Board the nght to occupy the easement m order to
protect Its mterests 111 and nght of occupancy of the easement at all tllnes and partIcularly dUflng
tunes of constructIon, repair, removal, replacement or enlargement of water facilIties.
5 The Board shall have and exerCIse the fight of subjacent and lateral support to
whatever extent IS necessary or desIrable for the full, complete and unmolested enjo)'lnent of the
fights 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
watcr plpelme or lines and appurtenances wlthm the casement. The Board's Engineenng
Standards reqlme no less than four and one-half (4\1,) feet and no more than ten (10) feet of earth
cover, measured vertically from the top of any pIpeline or lines. DeviatIon from thIS reqlllrement
will be peflnitted only upon specIfic prior, WrItten penmsslon from the Board. If such
modification undertaken by the Grantor requires alterations to any pIpelIne facility, such
alteratIOn shall be at the Grantor's expense
6 After constructIOn of any water plpelme or lmes the general sllfface of the ground,
except as necessarIly modIfied to accommodate appurtenances, shall be restored, as nearly as
rcasonabh:, to the grade and ConditIon Immediately pnor to constructIOn. Topsoil shall be
replaced m cutt\\atcd and agncultural areas, and any excess earth resultIllg from IIlstalIatIOns by
the Board shal1 be removed from the easement at the sole expense of the Board. The Board
agrees that for a penod of one-year fulIowmg constructIOn whIch ll1volves disturbance of the
surface of the ground, the Board will lllall1talll the surface elevation and quality of Ihc soli by
cOIT<xtmg any settlmg or suhsldmg that may occur as a result of the work. done by the Board.
7 The (irantor has retamed the nght to the undIsturbed use and occupancy of the
subject property ll1sofar as such use and occupancy IS consIstent wtth and does not Impair any
grant herein contained and except as herein otherwise proVIded. Without limitlllg the generalIty
of the foregomg sentence, the Grantor and the Board agree that the Grantor may use the subject
properly for open space, park, and pedestnan trad purposes, consIstent With use of contiguous
property owned by Grantor and devoted to these purposes.
8 It IS mutual1y agreed by and between the partIes that the Board may commence
the exercIse of its rIghts hereunder fOl1hwlth or It may postpone the exerCIse of all or some part
of its rIghts hereunder to some mdetemllnate future time The Board IS acqUlnng the nghts m
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 111 the subject property other than those
retamed by the Grantor shal1 be wlthm the dIscretion of the Board.
9 lfthe Board abandons use and operation of the plpelme faCIlities laid pursuant to
thIS casement, such abandonment shall not constitute abandonment of its rights under this
easement.
2
] 0 rhe Grantor warrants that Grantor has lilll nght and law ful authonty to make the
grant eontallled herem, and promtses and agrees to defend the Board m the exerCIse of Its nghts
hercundcr agamst any defect m Grantor's title to the land Involved or Grantor's nght to make thc
grant contamed herem.
II Each and everyone of the bencfits and burdens of thIS Agrecment shall lIlure to
and be bmdll1g upon the respcctlve legal representatIVes, heIrs, executors, aclnlllllstrators,
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.
] 3 Unless special proVISIOns are lIsted below ancl/or attached, the above constitutcs
the whole Agreement between the parties and no additional or dIfferent oral representatIOn,
promIse or agreement shall be bmdmg on any of the partIes with respect to the subject matter of
this mstnlment. To the extent that any speCIal prOVISIons added are Il1 conflict with any other
provisions, the special prOVISIons shall control and supersede any other terms or proVIsions.
SPECIAL PROVISIONS
NotWithstanding the prOVISIOns of paragraph 8, the Board ackno\\ ledges the eXlstcncc of
a non-exclusive easement granted to the FrU1tdale SallltatlOn Dlstnct for water andior samtury
sewer IIncs located Wlt11111 the Board's easement at the northernmost portIon of the easement and
recorded under ReceptIon Number 79\05298 on November 19, 1979111 the Clerk and Recorder's
Office of the COlmty of Jefferson. All other proVISIOns and tem1S of thiS agreemcnt shall remain
m full force and effect.
,
.,
THIS EASEMENT AGREEMENT shall become effcct]ve on the date ]t is signed by
the appropnate representatIve of the Board.
~ST
~\lL ~AJJ
amela Anderson, City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregomg lt1strul11ent was acknowledged before me thIs ~.._ day of
.f)Ocnu'" . 2006, by Jerry Di Tullio as Mayor and Pamela Anderson as City Clerk of the
City of Wheat Ridge, a municipal corporation.
offici a1 seaL
My COmmlSS]On expIres "!I-</2LJCll,_
~.M(kjL. KL'-4 'fr1(.{...VU.oL/
;-.lotar} Pubhc
My Commisslcn ExpiIes 11112flOO1
ATTESTED AND APPROVED
CITY AND COUNTY OF DENVER,
aetmg by and through ItS
BOARD OF WATER COMMISSIONERS
BY'
HJ Barry, Manager
Jon L Diebel, Director of Engmeenng
Date:
APPROVED AS TO FORM
{SEAq
Legal DiVIsIon
N'WORD\AGRM:'fnE$MT WHEAT RI[)('l:, CITY O~ {O'-'U\.3IrNUMU\:.R-159 \ 195~-5 r(}1"m~:,\T EA5
4
EXHIBIT A
Easement Agreement
WRCA 020
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 from which the northwest-southeast one sixty fourth corner of
said Section 21 bears North 36042'48" East 598.33 feet;
thence South 89022'00" West 50.00 feet;
thence North 00048'40" West 37.52 feet;
thence North 44011'27" East 170.62 feet;
thence North 00048'34" West 359.47 feet to a point on the southerly boundary of
Denver Water's easement, the agreement for which is recorded at Reception No
2005076211 in the Clerk and Recorder's Office of Jefferson County;
thence along said southerly boundary South 68020' 12" East 54.11 feet;
thence South 00048'34" East 359.50 feet;
thence South 44011'27" West 170.62 feet;
thence South 00048'40" East 16.96 feet to the POINT OF BEGINNING as shown on
Denver Water CAD drawing 11853-5_pmgt a copy of which is attached hereto and
made a part hereof
This parcel contains 0 640 acre more or less
N:\WORDlLEGALS
Denver Water
1600 West 12th Avenue
Denver, Colorado 80204
SE 1 4 SECTION 21. TOWNSHIP 3 SOUTH. RANGE 69 WEST 6th P M
---- JEFFERSON COUNTY ----
S68'20'12"E
541"
, ~
l "- NW-SE )(;, Cor See 21
1 . ......... Bell Surveying
185:1_:1 . ~1~" Alum. Co & Rebar
. '-IJ'hgt
......... .
.........
1185:1_8 .~.
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......... .
.........~
C-N-SE )(;, Car See 21
Lane Engineers
1~" Alum. Cap & Rebar
_ _ ~9":'29~0l- _ _
N LlM SE 1/4 NW 1/4 SE 1/4 See 21
-----
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1185 -----
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PflOPSrfrY OF
t)"tY OF
WHSA j fll!lBS
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SE 1/4 NW 1/4
SE 1/4 SEC 21
SOO'48' 40"E
16.96'
\00 0
'a..r~_-_-_-
100
200
.
SCALE IN FEET
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BASIS OF BEARING:
Bearings are based an the north line of
the southeast quarter of the northwest
quarter of the southeast quarter of Section
21 being N89"29' 40"E.
W 41ST A~
LEGEND
~ BNDRY EXISTING D W.D
~ EASEMENT ACQUIRED
ESMT
DOCUMENT DATED
SEC'Y FILE DOC.
RIMS ITEM NO
CARD NO. 000
DRN. AM M.
APPD
SHEET 1 OF 1
CAD 11853-5_PMGT
D won. PROPFHTY '-lANAr:i.ln'1" <::TUJtUDI'l<.' .""......rv"l~