EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (“Agreement”) is made and effective this 26th day
of January, 2017 between the City of Centennial, a Colorado home rule municipality
(“Centennial”), and the County of Arapahoe, a body corporate and politic of the State of
Colorado (the “County”) (Centennial and the County may be referred to singularly as “Party” or
jointly as “Parties”).
WHEREAS, Centennial is the owner of the right of way along the north side of County
Line Road between Colorado Boulevard and Holly Street (the “ROW”); and
WHEREAS, the County owns the closed County Line Landfill (the “Landfill”), located
in Douglas County, Colorado, on the south side of County Line Road at or near the intersection
of South Colorado Boulevard and County Line Road; and
WHEREAS, Waste Management of Colorado, Inc. (“WMC”) is the operator and
manager of the Landfill pursuant to an agreement with the County; and
WHEREAS, the Colorado Department of Public Health and Environment (“CDPHE”) is
requiring the County and WMC to:
1.
Install one and possibly two new monitoring wells to refine its
understanding of the groundwater conditions underlying the real property located at 4556
E. Phillips Place, Centennial, Colorado; Tract L, Fairways at South Suburban 3rd Filing,
in conjunction with ongoing monitoring efforts associated with the Landfill, as such
activities are described, in part, in Exhibit B; and
2.
Reactivate the leachate extraction system at the Landfill to remove and
dispose of landfill leachate accumulating in the waste mass, as such reactivation activities
are described, in part, in Exhibit B; and
WHEREAS, representatives from the County and WMC, in conjunction with their
consultants and CDPHE, are developing a plan for the installation of the monitoring wells that
CDPHE is requiring at the locations in the ROW more particularly identified as “FMW-9” and
“FMW-10” on Exhibit A attached hereto and incorporated herein by this reference; and
WHEREAS, representatives from the County and WMC are coordinating with South
Arapahoe Sanitation District and various other parties operating and managing the sanitary sewer
system in the vicinity of the Landfill, to reconnect the Landfill leachate extraction system to the
sanitary sewer system to accomplish the removal of landfill leachate as ordered by CDPHE,
which connection will be established in and around Manhole 17-B (“MH-17B”) located in the
grassy area between the sidewalk and the parking lot of the Fairways Plaza situated to the north
of County Line Road at or near 4181 E. County Line Road, Centennial, Colorado, as more
particularly depicted on Exhibit A; and
WHEREAS, the County and WMC require access to and an easement on the ROW to
accomplish the purposes more particularly described herein in the locations set forth in Exhibit
A.
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THE PARTIES AGREE as follows:
1.
For and in consideration of the sum of Ten Dollars and No/100 ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Centennial hereby grants, bargains, sells, and conveys to the County, a perpetual non-exclusive
easement to the ROW in the locations set forth in Exhibit A (the “Property”), to drill, construct,
operate, use, maintain, repair, replace, and/or remove the monitoring wells and connection of the
leachate extraction system to the sanitary sewer system as described herein and more particularly
in Exhibit B (the “Improvements”), pursuant to the terms and conditions set forth herein.
2.
The County and its agents, consultants and contractors and any government
inspectors, shall have and exercise the right of ingress and egress in, on, under, and to the
Property for the construction, reconstruction, operation, use, maintenance, repair, upgrade,
monitoring, testing, sampling, replacement, and/or removal of the Improvements. Prior to first
entering the Property, the County shall be obligated to obtain a permit from Centennial to access
the ROW in accordance with Centennial’s ordinances and regulations.
3.
Upon completion of any activities on the Property, the County shall restore the
Property, including the surface of the ground and all landscaping, to the condition it was in
immediately prior to the initiation of its activities, except as necessarily modified to
accommodate the Improvements and so long as the modifications were approved by Centennial
which approval shall not be unreasonably withheld.
4.
The County shall have and exercise the right of subjacent and lateral support to
whatever extent is necessary or desirable for the operation and maintenance of the
Improvements. Centennial shall not take any action that would impair the lateral or subjacent
support for the Improvements.
5.
Centennial reserves the right to grant further easement interests in the Property to
other grantees, so long as such interests and uses are not inconsistent with the use, access, and
maintenance of the Easement by the County, its agents, independent contractors, consultants,
successors, and permitted assigns as described herein.
6.
Each and every one of the benefits and burdens of this Agreement shall inure to
and be binding upon the respective legal representatives, heirs, administrators, elected officials,
officers, employees, successors, and permitted assigns of Centennial and the County.
7.
The rights and responsibilities set forth in this Agreement are intended to be
covenants on the Property and are to run with the land until this Agreement is terminated
pursuant to the terms set forth herein.
8.
Other than the consideration stated above, and applicable City permit fees and
compensation for damage to any City property caused by the County, if any, there will be no
additional consideration paid to Centennial from the County in exchange for the perpetual
easement.
9.
The County agrees to abide by Centennial’s applicable standards, road closure
and permit requirements as well as Centennial’s Roadway Design and Construction Manual, the
City of Centennial Public Works Department Right-of-Way Regulations, and all applicable state
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and federal laws, rules, and regulations with regard to the work being performed and continuing
maintenance, testing, monitoring, and sampling of the Improvements.
10.
Hazardous Substances and Environmental Compliance.
a. The County agrees that it is responsible for all costs, including but not limited to
the costs of containment and remediation, related to hazardous substances found
in the ROW resulting from the Landfill or from any of the County’s activities that
result in disturbance or dispersal of such hazardous substances, if such hazardous
substances are found to exist at levels exceeding existing state standards.
b. The County shall provide Centennial with copies of all reports from testing or
monitoring activities in the ROW.
c. The County shall cooperate with any environmental audits conducted by
Centennial concerning hazardous substances in the ROW. The County shall
allow Centennial to participate in all settlement or abatement discussions
concerning Landfill related hazardous substances leaching into the ground under
the ROW or dispersed into the air. If the County fails to take any remedial
measure required by final administrative or judicial order, Centennial may elect to
perform such work and the County shall promptly reimburse Centennial for all
costs associated with such work.
d. “Hazardous substance” as used in this Agreement means any flammable,
hazardous, toxic or dangerous waste, substance or material or any contaminant,
pollutant or chemical defined or identified in any environmental regulation as
posing a potential risk to human health or the environment.
11.
Relocation. If Centennial requires the relocation of any of the Improvements for
purposes of widening County Line Road or related to another similar legitimate governmental
purpose, the County agrees that it shall be required to promptly relocate those particular
Improvements at its sole cost and expense. If the County fails to relocate the Improvements,
Centennial may relocate the Improvements and charge all costs and expenses related to such
relocation to the County.
12.
This Agreement may not be modified, amended or otherwise altered unless
mutually agreed upon in writing by the Parties.
13.
This Agreement and the interpretation thereof shall be governed by the laws of
the State of Colorado.
14.
Any notices contemplated under the terms of this Agreement shall be in writing
and shall be deemed given and received (i) when hand delivered to the intended recipient, by
whatever means; or (ii) three (3) business days after the same is deposited in the United States
Mail, with adequate postage prepaid, and sent by registered or certified mail, return receipt
requested, to:
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Centennial:
City Manager
City of Centennial
13133 E. Arapahoe Road
Centennial, CO 80112
With copy to:
City Attorney
Robert C. Widner
Widner Juran LLP
13133 E. Arapahoe Rd, Suite 100
Centennial, Colorado 80112
The County:
Steve Miller
Environmental Manager
Risk Management Division
5334 S. Prince St.
Littleton, CO 80120
with a copy to:
Arapahoe County Attorney
5334 S. Prince St.
Littleton, CO 80120
15.
The County shall be liable for all damage caused by the County, WMC or their
agents or contractors during any construction or reconstruction work on or related to the
Improvements.
16.
Term and Termination.
A. The easement granted under this Agreement shall be perpetual unless terminated
by the terms of this Agreement.
B. The easement and related rights granted by this Agreement shall terminate
automatically as follows:
I. On December 31, 2017, if the County has not yet installed one, but not
both, of the monitoring wells contemplated on the Property (Centennial
understands that the installation of the second of the two monitoring wells
(“FMW-10”) is dependent at this time upon the results of the sampling
obtained from the first well (“FMW-9”), and that the installation of
“FMW-10” may not occur until after December 31, 2017, if at all) and if
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the County has not yet undertaken any activities to reactivate and
reconnect the leachate extraction system; or
II. Upon the County’s removal of the monitoring wells and notification to
Centennial that the County has no further need for use or access to the
leachate extraction system connection as described in Exhibit B.
C. Upon termination of the easement and rights under this Agreement, the County
shall be responsible for removing all Improvements from the Property and the
costs to restore the Property as required by Centennial’s Director of Public
Works. If the County fails to take such action, Centennial may remove the
Improvements and all costs related to such removal shall be charged to the
County.
IN WITNESS WHEREOF, the undersigned attests that he/she has authority to sign this
Agreement on behalf of the City of Centennial and has executed the same this _________ day of
___________________, 2017.
_______________________________________
City of Centennial
By: ____________________________________
Capacity or Title: _________________________
ATTEST:
________________________________
City Clerk
(SEAL)
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IN WITNESS WHEREOF, the undersigned attests that he/she has authority to sign this
Agreement on behalf of Arapahoe County and has executed the same this _________ day of
___________________, 2017.
_______________________________________
Arapahoe County
By: Nancy Sharp, Chair
Board of County Commissioners
ATTEST:
________________________________
Name
Title
(SEAL)
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EXHIBIT A
Property Description
ACCESS EASEMENT ‘A’
Sewer Manhole 17B
Commencing at the southeast corner of Lot 2, Block 1 of The Fairways of South Suburban Phase 1 and the
northerly right-of-way line of E. County Line Road.
THENCE along said northerly right-of-way line, South 89°51’51” West, a distance of 146.48 feet to the
POINT OF BEGINNING;
THENCE continuing along said northerly right-of-way line, South 89°51’51” West, a distance of 20.00
feet;
THENCE leaving said northerly right-of-way line, South 00°08’09” East, a distance of 20.00 feet;
THENCE North 89°51’51” East, a distance of 20.00 feet;
THENCE North 00°08’09” West, a distance of 20.00 feet to the POINT OF BEGINNING.
Containing 0.009 acres, or 400 square feet of land, more or less.
Subject to existing rights-of-way and easements.
ACCESS EASEMENT ‘B’
FMW-10
Commencing at the southeast corner of Lot 2, Block 1 of The Fairways of South Suburban Phase 1 and the
northerly right-of-way line of E. County Line Road.
THENCE along said northerly right-of-way line, North 89°51’51” East, a distance of 467.55 feet to the
POINT OF BEGINNING;
THENCE continuing along said northerly right-of-way line, North 89°51’51” East, a distance of 20.00
feet;
THENCE leaving said northerly right-of-way line, South 00°08’09” East, a distance of 20.00 feet;
THENCE South 89°51’51” West, a distance of 20.00 feet;
THENCE North 00°08’09” West, a distance of 20.00 feet to the POINT OF BEGINNING.
Containing 0.009 acres, or 400 square feet of land, more or less.
Subject to existing rights-of-way and easements.
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ACCESS EASEMENT ‘C’
FMW-9
Commencing at the southeast corner of Tract ‘I’ of the Correction Plat of the Fairway of South Suburban –
Filing No. 3 and the northerly right-of-way line of E. County Line Road.
THENCE along said northerly right-of-way line, South 89°51’51” West, a distance of 14.56 feet to the
POINT OF BEGINNING;
THENCE continuing along said northerly right-of-way line, South 89°51’51” West, a distance of 20.00
feet;
THENCE leaving said northerly right-of-way line, South 00°08’09” East, a distance of 20.00 feet;
THENCE North 89°51’51” East, a distance of 20.00 feet;
THENCE North 00°08’09” West, a distance of 20.00 feet to the POINT OF BEGINNING.
Containing 0.009 acres, or 400 square feet of land, more or less.
Subject to existing rights-of-way and easements.
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EXHIBIT B
ANTICIPATED ACTIVITIES FOR INSTALLATION OF MONITORING WELLS AND
CONNECTION OF LEACHATE EXTRACTION SYSTEM
1.
Monitoring Wells.
The work currently anticipated for the installation of the monitoring wells is generally
expected to be as follows, subject to change as deemed necessary in the County’s discretion:
One or more consultants and/or independent contractors will be engaged by the County
and WMC to drill and install the wells. The installation will take place on dates yet to be
determined in the near future. For each well, a work zone will be established to designate areas
where authorized workers can enter and perform work at the well location. An approximate 6inch-diameter borehole for the monitoring well will be drilled to accommodate a 2-inch-diameter
casing. The borehole will be drilled to a depth of approximately 20 feet below the water table,
which is estimated to be 17 feet below ground surface (bgs) based on historical water levels in
nearby monitoring wells. Therefore, the estimated total depth of the monitoring well should be
approximately 38 feet bgs. The borehole will be drilled with either an all-terrain or a small truckmounted drill rig to minimize disturbance to the landscape and to access the well location. After
the borehole is drilled to its target depth, a 2-inch-diameter Schedule 40, polyvinyl chloride
(PVC) well will be constructed in the borehole. The well will have a 20-foot-long screen from
the approximate water table to the total depth. The slot size of the well screen will be 0.01 inch,
and the annulus around the screen will be filled with a 10/20 silica sand filter pack. The filter
pack will extend approximately 3 feet above the top of the screen, after which 5 feet of bentonite
chips will be placed and hydrated to form a seal. The remaining annulus will be filled with a
cement bentonite grout. A flush-mounted, protective cover will be placed over the wellhead and
secured in the ground by concrete. The well will be developed after the cement grout has cured.
Development will begin with surging the well with a surge block and then bailing to remove fine
sediment that may have entered the well during installation. Bailing will continue until field
parameters consisting of pH, specific conductivity, temperature, and dissolved oxygen have
stabilized and the turbidity of the water is less than 50 nephelometric turbidity units. The area
around the monitoring well will be cleaned up and any damage to the landscape will be repaired.
A licensed surveyor will then survey the monitoring well. The elevation of the top of PVC well
casing and ground surface will be surveyed using the North American Vertical Datum of 1988
and the local coordinate system for the Fairways property. The work is anticipated to take
approximately two days per each well, weather permitting.
Each well will subsequently be monitored, maintained, tested, and sampled as often as
necessary by the County, WMC, and/or their agents, consultants, independent contractors,
successors, and permitted assigns, unless and until the wells are no longer deemed necessary for
their anticipated purposes.
2.
Leachate Extraction System Connection.
The work currently anticipated for the connection of the leachate extraction system to the
sanitary sewer system is generally anticipated to be as follows, subject to change as deemed
necessary in the County’s discretion:
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MH-17B will be accessed and excavation will occur in and around MH-17B as necessary
to allow the installation of a connector pipe between MH-17B and Manhole 17-A (which is
located in the Fairways Plaza parking lot and within the easement granted to South Arapahoe
Sanitation District) and connection of the connector pipe to the Landfill pressure line feeding
into MH-17B. The parties will take every effort to minimize disturbance to the landscape. The
leachate extraction system connection and appurtenances will subsequently be monitored,
maintained, tested, and sampled as often as necessary by the County, WMC, and/or their agents,
consultants, independent contractors, successors, and permitted assigns, unless and until the
connection is no longer deemed necessary for its anticipated purposes.
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