HomeMy WebLinkAbout2015 Ordinance No. 041\,
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BY AUTHORITY
ORDINANCE NO. '-( (
SERIES OF 2015
COUNCIL BILL NO. 33
INTRODUCED BY COUNCIL
MEMBER Wll..SON
AN ORDINANCE AUTHORIZING A GRANT OF TEMPORARY CONSTRUCTION LICENSE,
A GRANT OF RIGHT-OF-WAY AND AN EXCHANGE OF RIGHT-OF-WAY AGREEMENT
FOR RELOCATING THE CITY DITCH AT 501 EAST HAMPDEN AVENUE, ENGLEWOOD,
COLORADO IN ORDER TO ALLOW FOR THE CONSTRUCTION OF A CRITICAL CARE
UNIT TOWER EXPANSION FOR THE SWEDISH HOSPITAL NEUROLOGY DEPARTMENT.
WHEREAS, the HCA Health One, LLC (Swedish Medical Center) submitted a request to the
City for the relocation of the City Ditch in order to construct a new building for a critical care unit
tower expansion for the Swedish Hospital Neurology Department; and
WHEREAS, the existing 20' wide City Ditch Right-of-Way extends in a straight line mid-block
from the hospital in the vacated South Pennsylvania Street; and
WHEREAS, Swedish Medical Center will relocate the existing 20' wide City Ditch Right-of-
Way and City Ditch pipe to allow a building with the Exchange of Right-of-Way Agreement and
the Grant of Right-of-Way Agreement; and
WHEREAS, the relocation and reconstruction of the City Ditch must be completed prior to
April 1, 2016, the starting date for water flow for City Ditch users; and
WHEREAS, the Grant of Temporary Construction License allows the work to commence; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of the Grant of
Right-of-Way, the Exchange of Right-of-Way, and the Grant of Temporary Construction License
agreements for relocating the City Ditch at 501 East Hampden A venue, Englewood, Colorado at
their June 9, 2015, meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The Director of Utilities is hereby authorized to sign said Grant of Temporary
Construction License for 501 East Hampden A venue, Englewood, attached hereto as
Exhibit 1.
Section 2. The Mayor is hereby authorized to execute and the City Clerk to attest and seal for
and on behalf of the City of Englewood the Exchange of Right-of-Way for 501 East Hampden
A venue, Englewood, attached hereto as Exhibit 2.
Section 3. The City hereby accepts the Grant of Right-of-Way for 501 East Hampden
Avenue, Englewood, attached hereto as Exhibit 3.
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Introduced, read in full, and passed on first reading on the 8th day of September, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
September, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
September, 2015 for thirty (30) days.
Read by title and passed on final reading on the 21st day of September, 2015.
Published by title in the City's official newspaper as Ordinance No. ti/, Series of 2015, on
the 24th day of September, 2015.
Published by title on the City's official website beginning on the 23rd day of
September, 2015 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City o f Englewood, Colorado, hereby certify that the
above and foregoing is _htrue copy of the Ordinance passed on final reading and published by
title as Ordinance No.~. Series of 2015 .
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GRANT OF TEMPORARY CONSTRUCTION LICENSE
nns LICENSE AGREEMENT, made and entered into as of thia_2_ day of
:R l ia i\U , 20 IS, by and between the CITY OP ENGLEWOOD, a municipal coll)oration
of the State of Colorado. herein referred to as the Granter, and HCA HEALTH ONE, LLC dba
Swedish Medical Center, hereinafter referred to as "Licensee".
WHEREAS, the Grantor owns a certain riaht-of-way for the City Ditch; and
WHEREAS, Licensee desires to make certain improvements in the area relating to
construction on the subject property and the Grantor aarees to pve Licensee a Temporary
Coastruction License for improvements which shall connect the new City Ditch pipina to the
existing City Ditch.
WIINESSETH: the Grantor, without any warranty of its title or interest whatsoever, hereby
grants and authorizes Licensee the use of the property, hereinafter described, which Orantor now
owns for the following improvements:
See attached Exhibit A for legal description.
Sec attached Exhibit B for construction improvements •
NOW, THEREFORE, it is agreed between Gnmtor and Licensee that Licensee shall bo
granted a comtructioD license to maka tho improvements described in Exhi"bits A and B, subject
to the followin1 conditions:
1. Period of Construction. Licc:meo's right to use the construction licease area depicted OD
Exhibits A"and B shall begin no sooner than November 1, 2015 and shall terminate on
April 1, 2016, and shall not thereafter be reinstated on a temporary basis without the ·
express written cooseut of Gnmtor. There will be no construction durin1 the Ditch Season
which commences normally on April 1 and ends on October 31 of each year.
2. Restoration. The Licensee will do what is necessary to restore all of Grantor's property
damaacd or disturbed as a result of the project to as near its original condition as is
practical, includina but not limited to seeding OD the City Ditch dedicated right-of-way.
3. Exercise of Reasonable Care. Licensee will U8e all reasonable meaus to prevent any loss
or damage to Grantor or to others resulting from the construction.
4. As-Built Drawings. Licensee shall supply Grantor a map that shows the construction area
and defines the construction site. See Exhibits A and B.
S. Assignment Licensee's assignment of this Construction Agreement will not relieve
Licensee of its obligations hereunder. The provisions hereof sball inura to the benefit of
aud be binding upon the successors and assigns of the respective parties hereto.
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6. Indemnificatjog. Licensee, to the extent permitted by the laws and constitution of the State
of Colorado, hereby agrees to be liable and hold lwmlesa the City of Englewood, its
employees, tenants and guests from any and all claims, causes of action and liability which
may occur as a result of the negligent or wrongful acts of Licensee in the construction of
the Project, including cost of defending apinst such claims.
7. Liability. Licensee hereby acknowledges that it understands that there ii water flow in the
City Ditch from April l to November 1 of each year and that it will assume liability for any
damage to adjoining property caused by water flow resultin1 from damaae to tha City
Ditch caused by the Licensee's constructJon activities.
8. Insurancq, Licc:mee shall maintain in full force and effect a valid policy of insurance for
the Project in the amount ofSl,000,000.00 property coverage and $1,000,000.00 liability
coverage. Licensee further agrees that all its employees, contracton, and sub-contractors
working on the Project shall be covered by adequate Workers Compensation insurance.
9. Authority to Enter into Agreement. The undersigned represents that be is an authorized
officer of Licensee and has authority to enter into this agreement on bebalf ofLicensee and
that Licensee will accept and abide by all the terms and conditions hereof.
This Comtruction License shall terminate• upon completion of said improvements and
approval by Grantor.
1N WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first
above written.
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CITY OF ENGLEWOOD, COLORADO
GRANTOR:
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STATE OF COLORADO )
COUNTY 0~~ ~sa.
My commission expires: f -J ~ Zt7/ (
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HCA HEALTH ONE, LLC dba SWEDISH
MEDICAL CENTER
LICENSEE:
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EXHIBIT "A"
LEGAL DESCRIPTION
A 20-FOOT WIDE DITCH 1:ASEMENT OVER ANO ACROSS THE PARCEL OF LAND DESCRIBED IN THE
DOCUMENT RECORDED UNDER RECEPTION NUMBER A5116294 IN THE RECORDS OF THE ARAPAHOE
COUNTY CLERK AND REORDER; StTUATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP
4 SOUTH, RANGE 68 WEST OF THE &fl PRINCIPAL MERIDIAN; CITY OF ENGLEWOOD, COUNTY OF
ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34,
HAVING A BEARING OF NORTH 8!r59'58" WEST.
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN THE DOCUMENT
RECORDED UNDER RECEPTION NUMBER A5118294, ALSO BEING THE SOUTHWEST CORNER OF LOT
25, BLOCK 6, WEST VIEW ADDITION TO ENGLEWOOD;
THENCE NORTH 25"39'21" EAST, A DISTANCE OF 265.63 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING SIX (6) COURSES;
1. SOUTH 71 "23'56" EAST, A DISTANCE OF 21.06 FEET;
2. SOUTH 00"21'23• WEST, A DISTANCE OF 92.68 FEET;
3. SOUTH 44 •42•32• EAST, A DISTANCE OF 34.88 FEET:
• 4. SOUTH 89"42'30" EAST, A DISTANCE OF 48.02 FEET:
5, NORTH 45•16'44• EAST, A DISTANCE OF 90.18 FEET;
8. NORTH se•34•14• EAST, A DISTANCE OF 29.12 FEET TO A POINT ON THE NORTHERLY LINE OF
THAT 20-FOOT WIDE DITCH EASEMENT DESCRIBED IN THE DOCUMENT RECORDED IN BOOK
1328 AT PAGE 457 IN SAID RECORDS;
THENCE SOUTH 78"10'58• EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 8.36 FEET;
THENCE THE FOLLOWING SIX (6) COURSES;
1. SOUTH 11•54•00• WEST, A DISTANCE OF 20.00 FEET;
2. SOUTH 61"05'00" WEST, A DISTANCE OF 13.62 FEET;
3. SOUTH 45•15•44• WEST, A DISTANCE OF 101.90 FEET;
4. NORTH ee•42'30" WEST, A DISTANCE OF 62.59 FEET;
5, NORTH 44•42'32" WEST, A DISTANCE OF 61.44 FEET;
6. NORTH 00"21'23" EAST, A DISTANCE OF 107.55 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.146 ACRES, (6,370 SQUARE FEET), MORE OR LESS.
V:\81114-01-Swedish Med Center DesJ1n Survey\Legals\Dltch Easement.docx
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XHIBIT ATTACHED ANO MADE A PART HEREOF.
JAMES E. LYNCH, PLS NO. 37933
FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC.
300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122
303-713-1898
V:\81114·01 -Swedish Med Center Design Survey\tesafs\Dltch Easement.docx
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ILLUSTRATION TO EXHIBIT A
LOT 35
LOT 34
LOT 33
LOT 32
LOT 31
LOT JO
LOT 29
LOT 2B ~
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pofN1'.0f
BEQ/NN/Na
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BLOCK 5
WEST VIEW ADDITION
TO ENGLEWOOD
LOT 27 COLUMBIA HEALTiiONE
MC.I .4511121♦
LOT 26
SW COfl LOT 25,
BLOCK 5 LOT 25
LOT 14
EXISTINC 2 QlY Dllat EASDIDIT
BOOK 1328 AT PAGE 457 LOT 15
LOT 17
LOT 18
LOT 21
S61 '05'00"W
13.52'
PARCa. CONTAINS
6,370 (SQ.FT.)
i------0.146 ACRES
LOT 23 MORE OR LESS
BLOCK 6
LOT 24 WEST VIEW ADDITION
TO ENGLEWOOD
(55' ROW) -ti _ EAST HAMPDEN AVENUE -t-7
-SOUTH LINE OF THE SE1 / 4 OF SEC:-34
Ns9·59•5a"w 1321.10·
AST '/18 CORNER S0UlH£AST CORNER
SEC, 34, T4S. R&IIW, 61H P.M s~c. 34, T4S, R68W, &n+ P.M.
0 100
1 Inch = 50 fl
NO'IE: lHIS DRA'MNG DOES NOT REPRESENT A FIELD MOl{ILIENlm SUR\fl All) IS ONLY INlEHDED TO DEPICT lHE ATTAOIED LEGAL DESCR1PTION.
,Ant: \11\111!4-0l'P'fl
DWQ HAIC. SMC DlltH E.ASEMOIT
CW: ,E, Olll:._,R1&W--
CAJE. 4/13{2015 ~ r1••50'
=:i:-UIICIIUlff, EASEMENT EXHIBIT
A. AzTEc~ .. -D SE 1/4. SEC. 34, T4s. Rsaw. 6TH P.M. ~ CONSut.TANT'S. INC. :~~=--ENGLEWOOD, COLORADO
JIii 11114-Cn l
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IL _______________________________________ __. __ _,. Di C-6001 Knaw whit'• below.
Call blfa11 you dig.
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EXCHANGE OF RIGHT-Of-WAY AGREEMENT
THIS AGREEMENT, made and entered into as of this tf'./~ day of ~
2015, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of
Colorado, herein referred to as 11City", and HCA HEAL TH ONE, LLC dba SWEDISH
MEDICAL CENTER whose address is 50 I East Hampden Avenue, Englewood, CO 80 l IO;
herein referred to as "Health One".
WHEREAS, the City owns and operates on irrigation dirch known as the City Ditch for
diverting water out of the Platte River under priorities pertaining to said ditch upon and along a
Right-of-Way acquired therefore during and prior to 1860 and continuously used since that time;
and
WHEREAS , Health One desires to use o portion of said Right-of-Way for expansion of a
hospital addition and other purposes not consistent with the Right-of-Way purposes; and desires
to exchange approximately Six Hundred Fifty feet (650') of new Right-of-Way for the use of the
City Ditch, Anached herein os Exhibit A; in exchange for the City's permission and vacation of
the existing City Ditch Right-of-Way, Attached herein as Exhibit B.
NOW THEREFORE:
For and in consideration of ten dollars ($10.00) and other valuable consideration, the premises
and the full perfonnance of the obligations and promises set forth below, the sufficiency of
which is expressly acknowledged, the parties hereto hereby agree as follows:
I . For the uses hereinafter named, Health One will grant to the City the following
described property which is a parcel of land situated in the Southeast Quarter of
Section 34, Township 4 South, Range 68 West of the 6th Principal Meridian, West
View Addition to Englewood, City of Englewood, Arapahoe County, Colorado more
particularly described as shown on Exhibil A nltached hereto and incorporated herein .
Said strip of land shall be twenty feet (20') in width where it crosses the subject
property shown on the attached Exhibit A where the strip shall be measured from the
"proposed centerline" of the relocated City Ditch. Which entire length shall be
surveyed by Health One nnd evidenced by an executed deed for Right-of-Way with
mecls and bounds description as shown on attached Exhibit A.
2. Upon, over, through and across the strip of land hereinabove described, and as shown
on attached Exhibit A, the City shall have the right to construct, reconstruct, maintain,
alter, repair, en large, enclose and use a ditch or pipe for the conveyance of water under
priorities pertaining to the above mentioned City Ditch, said priority having been
originally adjudicated to said City Ditch under the name of the Platte Water Ditch, And
for any and all other uses to which the City might hove put the old Ditch has this
Agreement not been made. The parties herelo agree that the primary right of
possession of areas, which must be used in common by the two parties hereto, is in the
City, for its Ditch. With this limitation, it is agreed that the City will use its best
efforts to access and mainta in the City Ditch with minimal disruption to Swedish.
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3. Health One will be granted a License to construct a new pipe to accommodate the
required City Ditch water now of the City Ditch Right-of-Way consistent with the
professional engineer approved plans attached as Exhibit A consisting of three (3)
pagest along the South line of the SE¼ of Section 34 of their property also known as
501 E. Hampden Avenue, Englewood, Colorado.
4. Health One shall construct the piping for the City Ditch in the new location in
accordance with and at the location shown on Exhibit A.
S. It is agreed that the present City Ditch is currently enclosed, is a well-constructed pipe,
from which a minimum of seepage loss occurs. Health One and the City agree that in
all places where the City Ditch is to be altered in its course to a new location that it
will reconstruct said new pipe section in such a way that the pipe when reconstructed
will be as sound and efficient, will be reconstructed according to the plans and
specifications shown on Exhibit C.
6. Health One agrees to hold the City harmless from any defects of construction work
performed hereunder by Health One, its contractors and sub-contractors and for
damages ensuing on the operation of the City Ditch arising out of such construction or
maintenance.
7 All work to be done hereunder shall be performed to the entire satisfaction of the City
of Englewood Director of Utilities .
8. All work on the City Ditch and in connection therewith shall be done in such a way
as not to interfere with the regular and continuous now of water therein .
9. Upon receipt of an acceptable Grant of Right-of-Way and acceptance by the City of the
new piped section of lhe City Ditch, the City will quit claim any other rights to the City , -
Ditch Right-of-Way inconsistent wilh the grant described in Paragraph I and as shown
on Anachmcnt B, anached hereto .
10. City requires access 10 maintain the City Ditth and Health One agrees to execute nn
access agreement acknowledging the City's right to access the City Ditch Right:-of-
Way for City Ditch operation and maintenance and for storm now operation and
inspection. This access agreement will be included in the Grant of Right-of-Way.
11. In case Health One shall fail, neglect, or refuse to fulfill any of the terms or the
provisions of this Agreement, all rights hereunder in Health One shall at once be
forfeited to the City, and the City may repossess itself of its original Right-of-Way for
said City Ditch as if this Agreement had never been made, and waiver by the City of
Enforcement of its rights on account of any breach shall not be deemed to constitute u
waiver of any subsequent breach.
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12. The signatories affirm that they have authority to sign for Health One described herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and yenr first above written.
STATE OF to wtf' clo
COUNTY orl>../Jt/);:1r
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CITY OF ENGLEWOOD
HCA HEALTH ONE, LLC
By: ~. . ~ -
Tille:~ __ _
The foregoing instrument was acknowledged before me this:?/ day of "11/ ~
2015, by 3/tt /tJ k as (:,£ 0 of HCA Health One, LLC .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dny
:md year first above wriuen.
My Commission Expires:_i_:.i__ -~ tJ/f'
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.NNO::': A CLIMER
TMYPUIUC
STATEOF~
NOTARY ID 19904010080
1ft' ~N EXPIRES JULY 11, 20'8
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EXHIBIT "A"
LEGAL DESCRIPTION
A 20-FOOT WIDE DITCH EASEMENT OVER ANO ACROSS THE PARCEL OF LANO DESCRIBED IN THE
DOCUMENT RECORDED UNDER RECEPTION NUMBER A5116294 IN THE RECORDS OF THE ARAPAHOE
COUNTY CLERK AND REORDER; SITUATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP
4 SOUTH, RANGE 68 WEST OF THE 6111 PRINCIPAL MERIDIAN; CITY OF ENGLEWOOD, COUNTY OF
ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34,
HAVING A BEARING OF NORTH e9•59•5a• WEST.
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCa DESCRIBED IN THE DOCUMENT
RECORDED UNDER RECEPTION NUMBER A5116294, ALSO BEING THE SOUTHWEST CORNER OF LOT
25, BLOCK 5, WEST VIEW ADDITION TO ENGLEWOOD;
THENCE NORTH 25•39•21• EAST, A DISTANCE OF 265.63 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING SIX (6) COURSES;
1. SOUTH 71•23•55• EAST, A DISTANCE OF 21.06 FEET;
2. SOUTH 00•21'23• WEST, A DISTANCE OF 92.66 FEET;
3. SOUTH 44•42•32• EAST, A DISTANCE OF 34.86 FEET;
4. SOUTH 99•42'30" EAST, A DISTANCE OF 46.02 FEET;
5. NORTH 45•15•44• EAST, A DISTANCE OF 90.16 FEET;
6. NORTH 55•3◄'14" EAST, A DISTANCE OF 29.12 FEET TO A POINT ON THE NORTHERLY LINE OF
THAT 20-FOOT WIDE DITCH EASEMENT DESCRIBED IN THE DOCUMENT RECORDED IN BOOK
1328 AT PAGE 457 IN SAID RECORDS;
THENCE SOUTH 78"10'58" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 8.36 FEET;
THENCE THE FOLLOWING SIX (6) COURSES;
1. SOUTH 11"54'00" WEST, A DISTANCE OF 20.00 FEET;
2. SOUTH sros·oo· WEST, A DISTANCE OF 13.52 FEET;
3. SOUTH 45•1s•44• WEST, A DISTANCE OF 101.90 FEET;
4. NORTH 89.42'30" WEST, A DISTANCE OF 62.59 FEET;
5. NORTH 44•4n2• WEST, A DISTANCE OF 51.44 FEET;
6. NORTH 00921'23" EAST, A DISTANCE OF 107.55 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.145 ACRES, (6,370 SQUARE FEET}, MORE OR LESS.
V:\81114-01 -Swedish Med Center Design Survey\Legals\Oitch Easement.dooc
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EXHIBIT ATTACHED AND MADE A PART HEREOF.
JAMES E. LYNCH, PLS NO. 37933
FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC.
300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122
303-713-1898
V:\B1114-01-Swedish Med Center Design Survey\Legals\Dltch Easernentdooc
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ILLUSTRATION TO EXHIBIT A
LOT 35
LOT 34
LOT 33
LOT 32
LOT 31
LOT 30
LOT 2B
I
POINT OF
BEalNNJNq
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BLOCK 5
WEST VIEW ADDITION
TO ENGLEWOOD
S71"23'56"E
21.05•
~ F=Vl
::l c( 0-VIZ < c> ~~ < V, uz <Z
>~
LOT 27 COLUMBIA HEAL lHONE
POINT Of
C
SW COit LOT 25,
LOT 26
BLOCK 5 LOT 25
REC.I A5tl62114
LOT 14
DISTIHC 20' CITY DITO! EASOIOIT
BOOK 1328 AT PACl 457 LOT 15
LOT 21
S61'05'00"W
13.52'
PARCEL CONTAINS
6,370 {SO.FT.)
-----0.146 ACRES
LOT 23 MORE OR LESS
BLOCK 6
LOT 24 WEST VIEW ADDITION
TO ENGLEWOOD
(55' ROW)
tt __ EAST HAMPDEN AVENUE _ t j-
-SOUTH LINE OF lHE SEl / 4 OF SEC. 34 -
N89'59'5B"W 1321 . 70'
EAST 1/16 CORNER S0Ull1E~ST CORNER
SEC. 34, T45, R68W, 6ll1 P.M. SEC. 34, J.4S. R6BW, 6TH p 1,1,
L 25 50 r -t too
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1 inch = 50 fl
NOTE: lHIS ORAYANG DOES HOT REPRESENT A flELD MONUMENTED S1JR'£1 AND IS Olft.Y INTENDED TO DEPICT 1HE ATTAOfED LEGAL DESCRIPTION.
PAil!: ~\lllllt-01\0!'!;
D"'I: IIAlolE: sue DfltH tASEMENT
0111:: .ra 01K: ... ,-e_w __
DA'lt; 4/13/?015
5CALt: 1 " .. so·
AzTE :-~::-IJJICOUCST,
uain..co1o,.. 111:c
CONSULTANTS, INr; ~~j!if:[',_
EASEMENT EXHIBIT
SE 1/4-, SEC. 34, T4S, R68W, 6TH P.M.
ENGLEWOOD, COLORADO
.QI IM0tll 81114-01 3 a:' 3 ~ ,
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EXHIBIT 11 8"
LEGAL DESCRIPTION
A 20-FOOTWIDE DITCH EASEMENT OVER AND ACROSS THE PARCEL OF LAND DESCRIBED IN THE
DOCUMENT RECORDED UNDER RECEPTION NUMBER A5116294 IN THE RECORDS OF THE ARAPAHOE
COUNTY CLERK AND REORDER; SITUATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOVVNSHIP
4 SOUTH, RANGE 68 WEST OF THE SIii PRINCIPAL MERIDIAN; Cl1Y OF ENGLEWOOD, COUNTY OF
ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34,
HAVING A BEARING OF NORTH B!r59'58" WEST.
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCa DESCRIBED IN THE DOCUMENT
RECORDED UNDER RECEPTION NUMBER A5116294, ALSO BEING THE SOUTHWEST CORNER OF LOT
25, BLOCK 5, WEST VIEW ADDITION TO ENGLEWOOD;
THENCE NORTH 44•2rs1· EAST, A DISTANCE OF 273.74 FEET TO THE SOUTHWEST CORNER OF THAT
20.FOOT WIDE DITCH EASEMENT DESCRIBED IN THE DOCUMENT RECORDED IN BOOK 1328 AT PAGE
457 IN SAID RECORDS, BEING A POINT ON THE WEST LINE OF BLOCK 6, WEST VIEW ADDITION TO
ENGLEWOOD, ALSO BEING THE POINT OF BEGINNING;
THENCE NORTH 00•04•32n WEST, ALONG THE WEST LINE OF SAID EASEMENT AND SAID BLOCK 6, A
DISTANCE OF 20.44 FEET;
THENCE SOUTH 1e•10'58" EAST, ALONG THE NORTHERLY LINE OF SAID 20-FOOT WIDE DITCH
EASEMENT, A DISTANCE OF 112.14 FEET;
THENCE SOUTH 11•54•00• wesr, A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID EASEMENT;
THENCE NORTH 1a·1o·sa· WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 107.90 FEET TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 0.051 ACRES, (2,200 SQUARE FEET), MORE OR LESS.
EXHIBIT ATTACHED AND MADE A PART HEREOF.
JAMES E. LYNCH, PL$ NO. 37933
FOR ANO ON BEHALF OF AZTEC CONSULTANTS, INC.
300 E. MINERAL AVE., SUITE 1, LlffiETON, CO80122
303-713.1898
-·~;-
~~~~l •• ••
V:\81114-01-Swedish Med Center Design Survey\Legals\Ditch Easement Vacation.dooc
Page 1of2
.•
ILLUSTRATION TO EXHIBIT B
LOT .35 LOT 14
EXISllHC 20' CITY llilCH EASDIENT
LOT 34 BOOK 1328 Al PAil m LOT 15
LOT 33 N00'04'32"W 16 20.44'
PQMOf
LOT 32 &lJ/NlJJ/jg_
BLOCK 5 /
LOT 31 WEST VIEW ADDITION / LOT 18 TO ENGLEWOOD
/ iE ti; S11 '54'00"W
LOT 30 =>< 20.00'
0-PARCEL CONTAINS ~~/ v,Z <
LOT 29 o> 2,200 (SQ.FT,) • iv'Y ~~ 0.051 ACRES < 1/)
·'?1/ oz MORE OR LESS <(Z
LOT 28 .,c. ~~ w LOT 21 ,,, .. u.
!or 21 COLUMBIA HEALTHONE C LOT 22
lltC.f A511112!M
/ LOT .:,: LOT 23
POINT OF
SW COR. LOT 25,
BLOCK 5 LOT _5
BLOCK 6
LOT ~4 WEST VIEW ADDITION
TO ENGLEWOOD
(55' ROW) tt __ EAST HAMPDEN AVENUE __ t j-
-SOUTH LINE OF THE SE1 / 4 OF SEC. 34 -
NB9"59'58"W 1321. 70'
EAST 1/16 CORNER SOUlHEAST CORNER
SEC, J4, T4S, R68W, 61H PM. SEC. 3♦, T4S, R&BW, 6TH P,1,1,
0 25 50 100 l f4J;:;m;J
l inch = 50 ft.
NOTE: THIS DRAWING DOES NOT REPRESENT A FlEU> MONUMENTED SUR\O' ANO IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION.
P~ "1)1 ; V:\1!1114-01\DflQ
owe NAYISMC DITO! YACATIOH EASEMENT EXHIBIT
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ENGLEWOOD, COLORADO
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•
GRANT OF RIGHT OF WAY
THIS GRANT O~ j3,16HT OF WAY, made thisZ1 day of __ s,,._l,_,,...' / ........ "'A,,._ ____ _
_____ , 20 ji, by and between the CITY OF ENGLEwooo.'lmunicipal
corporation of the State of Colorado, (Englewood) "Grantee", and HCA HEALTH ONE, LLC
dba SWEDISH MEDICAL CENTER whose address is 501 East Hampden Avenue, Englewood,
Colorado 80110; herein referred to as "Grantor".
For ten dollars ($10.00) and other valuable consideration including the Agreement to
exchange property to allow the Gran tor to build on the property located at 50 I E. Hampden
Avenue the receipt and sufficiency of which is hereby acknowledged. The undersigned does
hereby grant unto the City of Englewood, Colorado its successors and assigns, a twenty-five foot
(25') wide Right-of-Way for Municipal purposes, to repair, maintain and inspect its City Ditch,
over and through the property described on Exhibit A attached hereto and incorporated herein,
with the Street Address of:
501 E. Hampden Avenue
Englewood, CO 80113
This Right-of-Way shall be used for the City Ditch, an irrigation ditch system. The City shall
have full use of this Right-of-Way for its use including the operation and maintenance of said
irrigation ditch.
The Granter hereby grants a right of access over and across the property know as:
501 E. Hampden Avenue
Englewood, CO 80113
1N WITNESS WHEREOF, the parties hereto have executed this Grant of Right of Way the
day and year first above written.
GRANTOR(S):
HCA HEAL TH ONE, LLC dba SWEDISH
MEDICAL CENTER
BY: _____... __
Printed Name: S '-( k \) I A 'l OU ,J ("'
Title: c..,u ---------------
E
X
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3
N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
J A CLIMER
NOTARY PUii.iC
STATE OF COLORADO
NOTAR" 11['1 19'04010080
MY COMMtSSI: '._:_•PIRES JULY 19, 2011
2
• EXHIBIT "A"
LEGAL DESCRIPTION
A 20-FOOT WIDE DITCH EASEMENT OVER ANO ACROSS THE PARCEL OF LAND DESCRIBED IN THE
DOCUMENT RECORDED UNDER RECEPTION NUMBER A5116294 IN THE RECORDS OF THE ARAPAHOE
COUNTY CLERK AND REORDER; SITUATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP
4 SOUTH, RANGE 68 WEST OF THE 6th PRINCIPAL MERIDIAN; CITY OF ENGLEWOOD, COUNTY OF
ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34,
HAVING A BEARING OF NORTH 89°59'58. WEST.
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN THE DOCUMENT
RECORDED UNDER RECEPTION NUMBER A5118294, ALSO BEING THE SOUTHWEST CORNER OF LOT
25, BLOCK 5, WEST VIEW ADDITION TO ENGLEWOOD;
THENCE NORTH 25'39'21" EAST, A DISTANCE OF 265.63 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING SIX (6) COURSES;
1. SOUTH 71"23'56" EAST, A DISTANCE OF 21 .06 FEET;
2. SOUTH 00 '21'23" WEST, A DISTANCE OF 92.66 FEET;
3. SOUTH 44"42'32" EAST, A DISTANCE OF 34.86 FEET;
-4. SOUTH 89"42'30" EAST, A DISTANCE OF 46.02 FEET;
5. NORTH 45°16'44" EAST, A DISTANCE OF 90.16 FEET;
6. NORTH 56'34'14" EAST, A DISTANCE OF 29.12 FEET TO A POINT ON THE NORTHERLY LINE OF
THAT 20-FOOTWIDE DITCH EASEMENT DESCRIBED IN THE DOCUMENT RECORDED IN BOOK
1328 AT PAGE 457 IN SAID RECORDS;
THENCE SOUTH 78'10'58" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 8.36 FEET;
THENCE THE FOLLOWING SIX (6) COURSES;
1. SOUTH 11 •54•00• WEST, A DISTANCE OF 20.00 FEET;
2. SOUTH 61 "05'00" WEST, A DISTANCE OF 13.52 FEET;
3. SOUTH 45•15•44• WEST, A DISTANCE OF 101 .90 FEET;
4. NORTH 89"42'30" WEST, A DISTANCE OF 62 .59 FEET;
5. NORTH 44°42'32" WEST, A DISTANCE OF 51 .44 FEET;
6. NORTH 00°21'23" EAST, A DISTANCE OF 107.55 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.146 ACRES, (6,370 SQUARE FEET), MORE OR LESS.
V:\81114-01 -Swedish Med Center Design Survey\Legals\Ditch Easement.docx
Page 1 of 3
EXHIBIT ATTACHED AND MADE A PART HEREOF. )l.~o l tel",
(:)"~~ ·
\
i-o: ~ :.!!i! 'II!'!• •~a ~'--1lt? \? /~ .r. •• •• ~ ~.,a•••• .. ·••• r.,-:S
JAMES E. LYNCH, PLS NO. 37933 ~Nit LJ.~
FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. ~,111111111111w
300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122
303-713-189B
V:\81114-01 -Swedish Med Center Design Survey\Legals\Ditch Easement.docx
Page 2 of 3
ILLUSTRATION TO EXHIBIT A
L0i 33
LOT 3~
L 01 31
fl
:ct; ,_
::, <t 0-rr .Z < o>
I='~
<V'l uz <Z >W
Q..
LOT JL
EXISTING 20' CITY DITCH EASEMENT
BOOK 1328 AT PAGE 457 LOT 15
LOT 17
LO T Id
LO T 3·::l ti/
-----··-""'"' _______ ...., .,._....._.;.v
LOT 29
LOT 28
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62.
LOT 27 COl.UUBIA HEAL lHONE
REC.# "511829♦
Lvi 26
PQNC OF
SW COR. LOT 25,
BLOCI< 5 LOT 25
LOT 20
LOT 21
ss1·os·oo·w
13.52'
PARCEL CONTAINS
6,370 csa.n.)
1------0.146 ACRES
LOT 23 MORE OR LESS
BLOCK 6
LOT 24 WEST VIEW ADD :TI ON
TO ENGLEWOOD
(50' ROW)
-tA --EAST JEFFERSON AVENUE __ A -7 . V -SOUTH LINE OF THE SE1/4 OF SEC. 34 . v-
N89"59'58"W 1321. 70'
AST 1/16 CORNER SOUlHEAST CORNER
SEC 34, T<4S, R68W, 61H P.M SEC. 34, T4S, R68W, 61H P.M.
D
'
25 SO
1
_
1
100
!
1 inch = 50 ft.
NOlE: MS DRA'MNG D<l'.S NOT REPRESENT A AElD MONUUENTm SJR'-1£Y ANO IS ONLY ltmNDED TO DEPICT THE ATTAa-lED l!GAL OESCRIPTic»f.
nt Yt \111114-01\p!';
NAME; sue Dmlf EASEMENT
· owe: A 011(,._,a ... w __
DATt: ;5/13/2015
sc:AU: r-so·
:i~TIIUr.aJtJUT, EASEMENT EXHIBIT
/A AZTEC~=-.:-•JJ SE 1/4, SEC. 34, T4S, R68W, 6TH P.M.
f4!li. CONSULTANTS, INC. =~~=---ENGLEWOOD, COLORADO
JOI N1M01 81114-01 3 3
•
Date
September 21, 2015
INITIATED BY
Utilities Department
PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Second Reading:
COUNCIL COMMUNICATION
Agenda Item
9biii
Subject
Swedish Medical Center -
Exchange of Existing City Ditch
Right-of-Way, Grant of New
City Ditch Right-of-Way and
Grant of Temporary
Construction License-2nd
Reading
STAFF SOURCE
Tom Brennan, Director of Utilities
•
The Water and Sewer Board, at their April 14, 2015 meeting, recommended Council approval, on
second reading, of the Exchange of City Ditch Right-of-Way, Grant of New Right-of-Way and Grant of
Temporary Construction License for the Swedish Medical Center.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Swedish Medical Center is expanding and has submitted a request to exchange the existing 20' wide
City Ditch right-of-way and will be establishing a new 20' wide City Ditch right-of-way to allow
construction of a critical care unit tower expansion for the Swedish Hospital Neurology Department.
The Grant of Temporary Construction License is for construction of the proposed improvements to
connect the new City Ditch piping to the existing City Ditch. The existing right-of-way extends in a
straight line mid-block from the hospital into the vacated S. Pennsylvania Street.
FINANCIAL IMPACT
Exchanging the existing City Ditch right-of-way, and construction for rerouting the City Ditch into the
new right-of-way, will be done at the sole expense and liability of the licensee, HCA Health One, LLC
for the Swedish Medical Center.
LIST OF ATTACHMENTS
Bill for Ordinance
Grant of New Right-of-Way
Exchange of Existing City Ditch Right-of-way
• Grant of Temporary Construction License
Swedish Hospital • easement vacation & new easement
•
Date
September 8, 2015
INITIATED BY
Utilities Department
PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
COUNCIL COMMUNICATION
Agenda Item
11 ai
Subject
Swedish Medical Center -
Exchange of Existing City Ditch
Right-of-Way, Grant of New
City Ditch Right-of-Way and
Grant of Temporary
Construction License
STAFF SOURCE
Tom Brennan, Director of Utilities
The Water and Sewer Board , at their April 14, 2015 meeting, recommended Council approval of the
Exchange of City Ditch Right-of-Wayt Grant of New Right-of-Way and Grant of Temporary
• Construction License for the Swedish Medical Center.
•
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Swedish Medical Center is expanding and has submitted a request to exchange the existing 20' wide
City Ditch right-of-way and will be establishing a new 20' wide City Ditch right-of-way to allow
construction of a critical care unit tower expansion for the Swedish Hospital Neurology Department.
The Grant of Temporary Construction License is for construction of the proposed improvements to
connect the new City Ditch piping to the existing City Ditch. The existing right-of-way extends in a
straight line mid-block from the hospital into the vacated S. Pennsylvania Street.
FINANCIAL IMPACT
Exchanging the existing City Ditch right-of-way, and construction for rerouting the City Ditch into the
new right-of-way, will be done at the sole expense and liability of the licensee, HCA Health One, LLC
for the Swedish Medical Center.
LIST OF ATTACHMENTS
Bill for Ordinance
Grant of New Right-of-Way
Exchange of Existing City Ditch Right-of-way
Grant of Temporary Construction License
Swed ish Hospital • easement vacation & new easemen t
•
Present:
Absent:
Also present:
WATER & SEWER BOARD
MINUTES
JUNE 9, 2015
Wiggins, Penn, Oakley, Habenicht, Waggoner, Gillit, Olson,
Bums, Moore, Lay
Stewart Fonda, Director of Utilities
Tom Brennan, Utilities Manager
The meeting was called to order at 5:03 p.m.
1. MINUTES OF THE APRIL 14, 2015 MEETING.
The Board received the Minutes of the April 14, 2015 Water & Sewer Board meeting.
Motion: To approve the April 14, 2015 Water & Sewer Board minutes.
Moved:
Motion carried.
2. GUEST:
Seconded:
SLATE COMMUNICATIONS -COMMUNITY BRANDING
PROJECT.
Slate Communications appeared before the Board to discuss developing a brand that
allows the City to develop key messages targeted to the community.
3. SWEDISH MEDICAL CENTER -VACATION OF EXISTING CITY DITHC
RIGHT-OF-WAY .
Swedish Medical Center is expanding and submitted a request to vacate the existing 20' •
wide City Ditch right-of-way and will be establishing a new 20' wide City Ditch right-of-
way. This will allow construction of a critical care unit tower expansion for the Swedish
Hospital Neurology Department. The existing right-of-way extends in a straight line
mid-block from the hospital into the vacated S. Pennsylvania Street.
Vacating the existing right-of-way and construction for re-routing will be done at the sole
expense and liability of Swedish Medical Center.
Motion: To approve the vacation of the City Ditch right-of-way and new right-of-
way for the Swedish Medical Center expansion.
Moved: Seconded:
Motion passed unanimously.
4. BOARD APPRECIATION NIGHT.
The Englewood Water and Sewer Board is invited to the Board and Commission
Appreciation night at 6:30 p.m . on Monday, June 22, 2015 at the Englewood Recreation
Center. Please RSVP to Cathy Burrage at 303-762-2636 .
5. STEWART FONDA'S RETIREMENT PARTY.
The Board received an invitation to Stewart Fonda's retirement party on Thursday, June
25, 2015 at 3:00.
The next meeting will be held Tuesday, July 14, 2015 at 5:00 p.m. in the Community
Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
•
•
WATER AND SEWER BOARD
PHONE VOTE
JULY 6, 2015
The Englewood Water and Sewer Board received the minutes of the June 9, 2015 Water and
Sewer Board meeting.
Ms. Olson moved:
Mr. Waggoner seconded:
Ayes:
Members not reached:
Motion carried unanimously.
To recommend approval of the June 9, 2015 Water
and Sewer Board Minutes.
Wiggins, Oakley, Burns, Habenicht, Oakley, Gillit,
Penn, Olsen, Moore, Lay, Burns
None.
The next meeting will be held August 11, 2015 at 5:00 p.m.
Respectfully submitted,
Cathy Burrage
Recording Secretary