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HomeMy WebLinkAboutOrdinance-1974-0147 - Granting Right-of-Ways to other Cities for Water~i~p b Introduced by Alderman Ray Pepe ORDINANCE NO. 147 Series of 1973 TITLE: AN ORDINANCE TO GRANT RIGHTS-OF-WAY TOWNS OR INSTRUMENTALITIES THEREOF THROUGH, STREETS AND ALLEYS FOR THE PURPOSE OF LAYIN ATING, MAINTAINING AND REPAIRING WATERWORKS CONNECTED THEREWITH, AND TO PRESCRIBE TERMS THE GRANT OF RIGHTS-OF-WAY. RECORDED COUNTY OF ,,EFFEROON STATE OF' COLORADO RE=CEPTION NO. 87073707 06/04/87 •14.45 •12.00 TO OTHER CITIES AND OVER, ACROSS AND UNDER 3, CONSTRUCTING, OPER- AND ALL PIPE LINES AND CONDITIONS AFFECTING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The City of Wheat Ridge, Colorado, acting by and through its City Council under authority of 139-32-1 (18) C. R. S. 1963 as amended, hereby grants to the Board of Water Commissioners of the City and County of Denver the following rights-of-way through, over, across and under streets and alleys for the purpose of laying, constructing, operating, maintaining and repairing waterworks and all pipe lines and appurtenances thereto. Said rights-of-way are only those applicable to City of Wheat Ridge property and are de- scribed as follows: From West 26th Avenue and Miller Street along West 26th Avenue to Paramount Parkway; thence north along Paramount Parkway to West 29th Avenue; thence east on West 29th Avenue between Paramount Parkway and Kipling Street; thence north on Kipling Street from West 29th Avenue to West 32nd Avenue; thence east on West 32nd Avenue to Allison Street; thence north on Allison Street to West 35th Avenue; thence east on West 35th Avenue to Sheridan Boulevard. The City of Wheat Ridge, Colorado, acting by and through its City Council also grants to the Board of Water Commissioners the fol- lowing rights-of-way through, over, across and under land owned in fee simple by the City of Wheat Ridge for the purpose of laying, constructing, operating, maintaining and repairing waterworks and all pipe lines connected therewith. Said rights-of-way are gen- erally described as follows: The twenty (20) feet located between Paramount Parkway and Kipling Street being adjacent to and south of West 29th Avenue rights-of-way; and the ten (10) feet located between West 26th Avenue and West 29th Avenue being ad- jacent to and east of Paramount Parkway rights-of-way. Section 2. The following terms and conditions shall be pre- scribed by the City Council of the City of Wheat Ridge in considera- tion of the grant herein above made: The Board of Water Commissioners of the City and County of Denver shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the in- stallation of the contemplated waterworks. The general surface of the ground, except as necessarily modified to accomodate the waterworks, shall be restored as nearly RECEPTION NO. 8707:3707 Ordinance No. 147 Page 2 as may reasonably be, to the grade and condition it was in immediately prior to construction. Top soil shall be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by the Board of Water Commissioners of the City and County of Denver shall be removed from the rights-of-way at the sole expense of the Board to locations as designated by the City Council of the City of Wheat Ridge through its designated agent. The Board will notify the City Council of Wheat Ridge of its proceeding to advertise for bids at a reasonable time prior to project beginning. City Council shall specify the location for dirt disposal prior to the date specified by the Board or the Board may proceed to take bids and dispose of dirt as it desires. The Board of Water Commissioners of the City and County of Denver shall be responsible for a period of one year following completion of construction to maintain the surface, elevation and quality of the soil in areas in which construction has occurred, by correcting any settling or subsiding that may occur as a result of the work of installing the waterworks. The City of Wheat Ridge shall retain the right to the use and occupancy of the property described herein following installation of the waterworks when such use is not inconsistent with the rights herein granted to the Denver Board of Water Commissioners. The Board of Water Commissioners of the City and County of Denver shall, within five (5) years following completion of the project or sooner, if directed by the City Council through its designated agent, on any street paved with bituminous asphalt, participate with the City of Wheat Ridge in the cost of new pavement (one inch overlay). The Board's participation shall be fifty percent (50%) of the contract price to the City of Wheat Ridge of new pave- ment (one inch overlay) on the following streets within which the Board has constructed its facilities herein authorized: Paramount Parkway, West 29th Avenue, Allison Street, West 35th Avenue. The Board's participation shall be twenty-five percent (25%) of the contract price to the City of Wheat Ridge of new pavement (one inch overlay) on the following street within which the Board has con- structed its facilities herein authorized: West 32nd Avenue, except between Garrison and Estes Streets. Said pavement shall be of a quality and quantity consistent with that required to properly resurface and restore the streets on which said construction has occurred. The City of Wheat Ridge shall prepare, let and manage all contracts for said resurfacing with work accomplished to be consistent with City specifications. In the interim period the Board shall make repairs as necessary including RECEPTION NO. 87073707 Ordinance No. 147 Page 3 but not limited to temporary cold mix patches, permanent hot mix patches, and placing and maintaining affected road, only in cut /3 areas, in a manner consistent with City Ordinances and Regulations. .~Ji The Board of Water Commissioners shall be responsible for maintaining said repairs until such time as either the street is paved, or a period of one year following completion of the project has elapsed. Section 3. As part of the consideration for granting the rights to Board as set forth herein, the Board by License Agreement will authorize the City of Wheat Ridge to use the surface of the rights- of-way it acquires as property in fee simple title in all areas in- volved in this project located between the West 26th Avenue and Miller Street intersection and the West 35th Avenue and Sheridan Boulevard intersection for walkway/trail purposes, and the City shall have the right to construct, maintain and utilize walkways/trails on such Board property, pursuant to standards, conditions, terms and limita- tions as the Board shall find necessary to fully protect its dominant rights in said property, for the charter purposes of the Board. The City shall maintain said right-of-way surface in such areas as walkways/ trails are constructed. Section 4. Effective Date. This Ordinance shall become effective thirty (30) days after publication following final passage. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by a vote of 5 to 0 this 29th day of November A. D., 1973. READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on second and final reading by a vote of 6 to 0 this 14th day of March , A. D., 1974. Paul Abramson, Ph.D. May❑ ATTEST: c~ J se GFougham, Cit Clerk RECEPTION No.. 8707-;~c» CERTIFICATION OF POSTING AND PUBLICATION I, Elise Brougham, hereby certify that Ordinance No. 147 was duly published in the Wheat Ridge Sentinel on the 6th day of December, 1973, and posted by me following first reading on the 7th. day of December 1973, at the following locations within the City of Wheat Ridge: Wheat Ridge Post Office Wheat Ridge Branch Library Columbia Heights School Prospect Valley Fire Department Wheat Ridge City Office Wheat Ridge Council Chambers Kullerstrand Elementary School I, Elise Brougham, hereby certify that Ordinance No. 147 was duly published in the Wheat Ridge Sentinel on the 21st day of March, 1974, and posted by myself following second reading on the 22nd day of March, 1974, at the above listed locations within the City of Wheat Ridge. ise Brougham, 21 ty Clerk