HomeMy WebLinkAboutResolution 2011-0021CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 21
Series of 2011
TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE
CITY AND COUNTY OF DENVER FOR A WATER LINE
EASEMENT AT WEST 37 1h PLACE AND MILLER COURT
WHEREAS, the City and County of Denver, acting by and through its Board of
Water Commissioners, constructed a water line across property owned by the City; and
WHEREAS, the City and County of Denver has requested an easement across
said property which will allow maintenance and replacement of the water line.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
1. Contract Approved.
The contract between the C,ity of Wheat Ridge and the City and Counly of Denver
is hereby approved and the1 Mayor and City Clerk are authorized and directed to
execute the same.
Michael Snow, City Clerk
NONEXCLUSIVE EASEMENT AGREEMENT
Contract # 13689A
THIS NONEXCLUSIVE EASEMENT AGREEMENT (this "Agreement") is made this
day of , 2011, by and between THE CITY OF WHEAT RIDGE, a Colorado
municipality (the "City"), and THE CITY & COUNTY OF DENVER, ACTING BY AND
THROUGH ITS BOARD OF WATER COMMISSIONERS, a Colorado municipal corporation
("Denver Water"), together referred to as the "Parties."
RECITALS
A. The City is the owner of certain real property located within Jefferson County,
Colorado, and described as follows:
Lot 12, Horace Heights Subdivision, City of Wheat Ridge
(hereinafter the "Subject Property").
B. Denver Water desires to operate and maintain a public water line upon and
through the Subject Property.
C. The City desires to grant a nonexclusive easement to Denver Water for water line
purposes, subject to the terms and conditions set forth in this Agreement.
NOW THEREFORE, the City and Denver Water agree as follows:
1. Conveyance of Water Line Easement and Consideration. In consideration of
Twenty-two Thousand Eight Hundred Dollars ($22,800.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City has this
day bargained and sold and by these presents does grant unto Denver Water, the following
easement, subject to the terms and conditions herein set forth:
A nonexclusive perpetual easement, for the purposes described in
paragraph 2 below, over, upon, across and through all of that
portion of the Subject Property that is depicted and described on
the attached Exhibit A as the "Water Line Easement."
2. Denver Water's Use of Easement. The Water Line Easement shall be used by
Denver Water only for the installation, maintenance, replacement, operation, and repair from
time to time of an underground public water line, along with such other subsurface
improvements, permanent or temporary, as Denver Water shall determine to be reasonably
required in connection therewith. The easement area shall be free of obstacles throughout the
length of the easement. Due to variations in topography, the easement and the pipe may take on
an uphill or downhill direction having a slope of greater than 4%; however, the City shall not
create an increase in the degree of sloping within the easement in any direction to ensure
stability of maintenance equipment.
3. City's Use of Easement. The City shall have the right to use and occupy the
Water Line Easement for any purpose that does not unreasonably interfere with Denver Water's
full and complete enjoyment of the rights hereby granted.
4. Access to Easement. With the advance permission of the City's Public Works
Director, Denver Water may cross such additional areas of the Subject Property as maybe
reasonably necessary to provide ingress and egress to the Water Line Easement for purposes of
maintenance and repair from time to time. In cases of emergency, Denver Water may cross
additional areas of the Subject Property without advance permission of the City's Public Works
Director and shall notify the City's Public Works Director as soon as reasonably possible
thereafter.
5. Obstruction of Easement. The City shall not construct or place any building,
fence, 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 Water Line
Easement.
6. Improvements and Maintenance. Denver Water shall be responsible for all costs
of improvement and maintenance of all of its facilities in the Water Line Easement and to
maintain the surface thereof in a level and safe condition.
7. Other Utilities. Denver Water agrees that other public utilities such as sanitary
sewer, storm sewer, gas, and electric lines, may be installed in the Water Line Easement as long
as they do not interfere with Denver Water's rights and as long as piping crossing the water
line(s) at right angles, or a substantially right angles, is metallic or concrete. Any piping or cable
that crosses the water line(s) and is not metallic or concrete, must be encased within steel
conduit and/or concrete ducts. Any and all utilities which parallel Denver Water's facilities will
not be permitted within ten (1 0) feet of Denver Water facilities without prior express permission
of Denver Water. The intent is to reserve for Denver Water's water lines at least twenty (20) feet
of the easement width.
8. Liability. Within the limitations of the Colorado Constitution and statutes, each
Party agrees to be responsible for its own negligent acts and omissions. However, neither party
waives the monetary limitations of $150,000 per person, $600,000 per occurrence, and all other
rights, inununities and protections provided by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as it may be amended from time to time.
9. Benefits and Burdens to Run With the Land. The provisions of this Agreement,
including all benefits and burdens, are intended to be real covenants running with the land to
which they pertain, and each of the benefits and burdens of this Agreement shall inure to and be
binding upon the Parties, their successors and assigns.
10. Sole Beneficiaries. It is the intent of the Parties that they, their successors and
assigns, be and remain the sole beneficiaries of this Agreement and that no third party shall be
entitled to claim the benefits hereof.
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11. Termination. If Denver Water abandons use and operation of its facilities laid
pursuant to this Agreement, such abandonment shall not constitute abandonment of Denver
Water's rights under this Agreement.
12. Enforcement. The Parties agree that each of the provisions of this Agreement
shall be subject to specific enforcement. Jurisdiction and venue for all actions concerning this
Agreement shall be proper and exclusive in the District Court for Jefferson County, Colorado.
13. Recording. This Agreement shall be filed for record with the Jefferson County
Clerk and Recorder by Denver Water.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first
written above.
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--
CITY OF \YHEAT RIDG~, COu:~DO
By. v I ;Vv
Je
ATTEST:
~
Michael Snow, City Clerk
State of Colorado )
) ss.
County of Jefferson )
The foregoing instrument was acknowledged before me this _l!~ay of~,
2011, by Jerry DiTullio, as Mayor of the City of Wheat Ridge, Colorado, and Michael Snow as
City Clerk of the City of Wheat Ridge, Colorado.
APPROVED:
€!kert J. Mahoney, Director of Engineering
APPROVED AS TO FORM:
Legal Division
CITY AND COUNTY OF DENVER,
acting by and through its
BOARD OF WATER COMMISSIONERS
By: ______________________ ___
James S. Lochhead, CEO/Manager
Dme: ________________________ ___
REGISTERED AND COUNTERSIGNED:
Dennis J. Gallagher, Auditor
CITY AND COUNTY OF DENVER
By:. ____________________ _
Contract # 13689A
~~~=-~~~---ORD/AGRMNT/EASEMENTS/\VHEATRIDCE EASEME~'T AGREEMENT FOR CONDUIT NO. 159 final6-9-20ll
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Exhibit A
Water Line Easement
[Attached]
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PROPERTY DESCRIPTION
A parcel of land over and across Lot 12 in Horace Heights Subdivision, recorded as Book 14 at
Page 23 at the Jefferson County Clerk and Recorder's Office, said parcel situated in the he
northwest quarter of the northeast quarter (NW/:4 NE/:4) of Section 28, Township 3 South,
Range 69 West of the 6th Principle Meridian;
Commencing at the East sixteenth corner of Sections 21/28, and considering the North line
of the Northwest one-quarter of the Northeast quarter of said Section 28 to bear North
89°12'42" East, said line forming the Basis of Bearing for this legal description; Thence
South 29°19'58" West a distance of 340.16 feet to the southeasterly boundary of said Lot
12, which is also west boundary of Miller Court, also being the Point of Beginning;
Thence North 56°45'18" West a distance of 199.07 feet to a point on the west boundary of
said Lot 12;
Thence along said west boundary North 00°15'48" West a distance of 11.24 feet to the
point of intersection of Moore Street and Miller Court, this point being the northwest corner
of said Lot 12;
Thence along the north boundary of said Lot 12 North 89°44'12" East a distance of 43.00
feet;
Thence continuing along said northerly boundary along the arc of a tangent curve to the
right having a central angle of 19°42'02" and a radius of 123.00 feet, an arc distance of
42.29 feet (the chord of which bears South 80°24'47" East a distance of 42.08 feet);
Thence leaving said northeasterly boundary of said Lot 12 South 56°45'18" East a distance
of 58.71 to a point on the northeasterly boundary of said Lot 12;
Thence along said northeasterly boundary of said Lot 12 along the arc of a non-tangent
curve to the right having a central angle of 41°49'04" and a radius of 123.00 feet, an arc
distance of 89.77 feet, the chord bears South 22°02'18" East a distance of 87.79 feet, to
the Point of Beginning.
Said Parcel contains 7602 square feet rnore or less.
N:\WORD\LEGALS\2011111853-7
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
----JEFFERSON COUNTY
CENTERLINE
CONDUIT 159
E 1/16 Sec 21/28
2" Alum. Cap In . Box
LS 18475
W 38TH A I-f" ~~------------~~-7L---------------------------~G21
N89"12' 42"E ~~"'-1~-----------'---;C:J.':...==.;::.==;;------Nu;;; NWI/4 N£-T/4 s •• 20----
DETAIL
11=76"33'46"
R=15.00'
L=20.04'
Ch=N51"27'19"E
LOT 19
E 1/2 NW 1/4
NE 1/4 SEC 28
BASIS OF BEARING:
Bearings are based on the north line of the
northwest quarter of the northeast quarter of
Section 28 being N89'12' 42"E using NAD 83
State Piche Coordinates.
100 0 100 ------------SCALE IN FEET
DOCUMENT DATED
200
LEGEND
SEC'Y FILE DOC.
EASEMENT ACQUIRED RIMS ITEM NO.
CARD NO.
LOT 18
11=41"49'04"
R=123.00'
L=89.77'
87.79'
I
13
I
CENTERLINE
CONDUIT 159
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