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HomeMy WebLinkAbout2007 Ordinance No. 020• • • ORDINANCE NO. 2.Q SERIES OF 2007 .CONTRAc:r NO. St-).007 BY AUTHORITY COUNCIL BILL NO . 19 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING A "LICENSE-CITY DITCH CROSSING AGREEMENT" AND A "TEMPORARY CONSTRUCTION EASEMENT" TO HCA -Health One LLC, dba SWEDISH MEDIC AL CENTER FOR THE INSTALLATION OF CURB, GlJITER AND AN ASPHALT CONCRETE DRJVEW A Y AT SOI EAST HAMPDEN A VENUE . W11EREAS . the Englewood , Colorado City Council approved the Swedish Medical Center PlaMed Development in 1989 with additional amendments approved in 1989, 1990 , 1992 and 1993: and WHEREAS, the Englewood City Council passed Ordinance No . I 0, Series of 200 I which app ro ved a City Ditch Encroachment Permit and a Grant of Cit y Ditch Crossing License Agreement for an Overhang over City Ditch for the main entrance to the hospital located at SO I East Hampden Avenue; and WHEREAS, the City received a request from Swedish to irstall curb , gutter and an asphalt concrete driveway In the exi sting drive around located on the south side of the hospital facing Hampden ; and WHEREAS , HCA will be enlarging the footprint of the existing overhan g addition by extending it southward, while maintaining the required di stance from the Cit y Ditch : and WHEREAS, the existing encroachment permit is for the supponing column necessary for construction that requires 16 feel within the Cit y Ditch Right-of-Way: and WHEREAS, the proposed curb, gutter and as phal t!concr,te driveway will extend into the City Ditch casement and the passage of this proposed ordinance authorizes the "Licens e-City Ditch Crossing Agreement" for such encroachment ; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the "License City Ditch Crossing Agreement" and the granting of a "Temporary Construction Easement" to HCA at the March 13, 2007 , meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : ~-The "License-City Ditch Crossing Agreement," attached hereto as "Attachment I," is hereby &pproved by the Englewood City Council. ~-The "Temporary Construction Easement", attached hereto as "Attachment 2" is hereby approved by the Englewood City Council. 9 b iii Introduced, read in full , and puoed on f\r■t readins on the 19th day of March , 2007 , Publi ■hed a■ a Bill for an Ordinance on the 23rd day of March, 2007. Re■d by title and passed on final readina on the 2nd day of April , 2007 . Published by title as Ordinance No .212, Series of 2007, on the 6th ~,. of >.p11 l, 2007 . U. --'-~ . .i.s.---- ~)'1 1!.'ttayor I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and forego ing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No .'.U2, Series of 2007. .~ • • • • • • LICENSE · CITY PJTQH ORQSSIMO AQMRW:~T THIS LICENSE AGREEMENT, made and 1ntered into u of thi1 ___ day of ------20,22 by and between t.hG CI TY OF :S:NOL&WOOD, a municipal cor poration of the Sltte of Colorado, he ro · ,·c farr ■d to 11 'City", and HCA Heolthpne w:; db§ Swedish Med ic.A)._ center herllin referred to 11 'Liceneee •. · WITNESSETH : The City without an y w1rr1nty o{lta title or interest whatsoever, hereby authoriua Llconaeo, its eucceaaor , aaaitfn,, to !netall a Curb and Gutter and Asphalt/CDncrete Drive over the City's rii:hts •of-way for tho Ci;y Ditch, dee cribed •• a parcel of la11d lituatsd in the _ SE one quarter, of the SE one quarter of Section _J,...4 __ ~ Township 4 South Ra111• 68 West o£ the ______ __,.ll..,.._ ________ __.. .M., County of Arapahoe, State of Colorado deacribed as follows : See attached Exhibit A • Theabove-deacribedparcelaantaine 4873 Sq. Ft. or 0.112 Acrern □ICPT)ftftR 1. Ar.y construction contsmplated or performed under tbia Llcen.oe shall comply with and conform to etandarda formulated by the Director of Utilltie1 of the City and auch construction alwl be performed and complckd accordini to the plane, oonsieting of one sheet, a copy of which ia attached hereto and made a part hereof. 2. The LiceDSee shall ru,tify the City'• Director of Utiliti8e at lout three (SJ da:,a prior to the t~ig c~m.~=n~ lhr:_.f,:t:ruction of, or any repairo mado to, Llceneoe'e ___ _ _____________________ eo that the City may , in its discretion, lnapect tuoh eperatione . S. Within thirtf (SO) daya from the data of the commencement of oonatruction of said __ _ Curb and Gutter and Drive the LicenaM shall oomplcte """h conatructi011, place and maintain permanent, vwble markera, of a type and at allCb looationsaa deaisnated hy the City'1 Director of Utilitiea, refarrinir to the contarllne of tha inatallation md lhall clear tha arouing uu of all oonstruction dobri, and re1tore the area to ita previoul oandition u .ear u m111 b1 raaaonahle. In the ewnt tha planinf ofth1 ceaterllne marlme t.nd tho oloarins and reatoration of the croetlnc araa ie not completed within the time apecili,d, the City may oomplete the work at the 1ola e,q,anee oftha Licenloe . 4. The City ahall ha'Vo the rifht to mainltin, inetall, repari, remove or relocate the City Ditob or any other ofita facilitiu or inatallatlone withiJ, the City'• righta-of•way , at any tima and In auch manner II the City deem• necauary or convenient. The City reserve• tho A t t a C h m e n t 1 oxclueiv• ri,ht to control oil euemente and inetalletion1. fn t ho event the ~•~r aod Qrj ve should interfere with any futuro u•• of the City'• rights-of-wsy by the City, the Liccnaco shall , upon requeat and ~t itl sol• oxpenae, relocate, rearran1e, or remove 1ta inatallations so oe not to interfere with any such use . 5. Any repoir or r eplacement of any City installation mad.e nec••••Zxjn the o.r,lnion of the Ci,y'• Dil'ector of Utilitie1 because of the construction oithe Curb Gutt r _and Drive or other appurtenant inatallation thereof, shall be c: ode at the 1010 expense of the Licensee . 6. 1'he stipulation and conditiona of this License •hall bo incorporated into contract specifications if the construction herein a uthorized is to be done on a contract booie. 7. The rlshta and privilege, granted in this License •haU be eubjoct to prior agreements, lice!llleB and/or grants, recorded or unrecorded, and it eboll be the Licensee's solo reaponsibility to dotermine the existence of said document& or conflicting ueoo or installations. 8 . The Licensee sholl contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, uaual or ordinary flow • of •·,auir through the City Ditch. Liconeee shall aeswne oil risks incident to the possible • presence of euch waters, or of storm waters, or of surface waters In the City Ditch. 9. All trenches or holes within the City's ri&hts -of-way aball be backfilled and tamped to tho original i:round line in loyera not to oxcee six (6) inche, loose measure to a compaction of ninocy percent (90%) Standard Proctor Maximum Density. 10. Licen,ee, by acceptance of th!a Licenoe, expr4osely aeaumea full and etrict liability for any and all damai:e• of every nature to person or property caused by water from th,1 ditch !eakin1 through the ditch banks or pipeline at the point or pointe where th• Liceusoe performs any work in connection with the crossing provided by this Lice~ ,. The Lice!lllee assumee all responeibility for maintenance of the inetallation. 11. Licenseo shall indemnify and save harmlesa the City, its officers and employees, a1:ainst any and all claims, damagtea, sections or cause• of action and expenaoe to which it or they may be subjected by reaeon of aaid CUrb arxl Gutter and Drive beini: within and noroes and under the premieee of tb.e City or by reason of any work done , :- omiaaion made by Licenaee1 ite agents or employee ~, .i n oonnoction with the co,atru.ction , replacom.ent, maintenanoe or repair of eaid installation . 12. It is expressly ai:reed that in case of Licenaee'a breach of ony of the within promises, the City may, at its o tion, have specific performance thereof, or eue for damages res•ilting from ouch broach. 13. Upon abandonment of any ri~ht or priviloga herein ~anted, tho richt of Licenaee to that extent ahall terminato, but lta obligation to indemnlu &lld aave hnrmle,e the City, its • officers and employeaa, ahall not terminate in any event. In 1?anting the above authorization, the City reserve, the right to make full uH of the prop arty involvod •• may be neceeeary or convenient in the operation of the water works plant and system under the control of tho Ci ty. •• • • In granting the above authorization, !he City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City . IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written . CITY OF ENGLEWOOD By. _____________ _ Stewart H. Fonda Dir,ctor of Utilities City of Englewood By. _____________ _ Chainnan Englc:wood Water and Sewer Board The undersigned officer of HCI\ Heal thone LLC, dba Swedish Medical ~~~ad the foregoing License and agrees for an on behalf of said HCF. Healthone LI.C, dba 5"edish Medical Center that it will accept and will abide by all the terms and conditions thereof. UCENSBE : ~ By : ___________ _ Title : <Pres,' -ge""'t /e,;= 0 I Address : 6,Jeri,'6 /,._ Y'vtec/,'ro J I/Ill, -k )- 50l f. tla-,.,pcten IA11e 't:V'5lec.ve1eo( W 6'0U3 Phone : '::t.,;, 3 -7 8i" -Cl J-J.... 3 Notary: ~ni-~ My commission expires: [ ~,,._,., ... ,,, .. .....,.,, • .w., .. ,l I.EE M. SARP. ·; IJOTt.lW PUl!lLI(; ' ST/S E OF CO!.OR/·.C'O ; ....... ""l.~"';~~-:~'=('~•~"'O\'\'":',- • • • Exhibit A Pagel of 3 ·-o JR ENGINEERING 11 1•1.:, l ·1 1.,,..~,..•1 EXH IBI T PROPERTY DESCRIPTIO N -TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER ANO ACROSS A PORTION OF THE SOUT HEAST QUARTER OF SEcrro: · 34 , TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SI XTH PR INCIPAL MERIDIAN: COUNTY OF ARAPAHOE , STATE OF COLORADO : BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : THE SOUTH LINE OF THE SO UTHEA ST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SI XTH PRINCIPAL MERIDIAN , BEING ASSUMED TO BEAR N89'59'58"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34 ; THENCE N77 '32'06'W, A DISTANCE OF 690 .36 FEET TO A POINT ON THE EASTERL Y BOUNDARY OF A RIGHT-OF -WAY AGREEMENT RECORDED IN BOOK 1328 AT PAGE 461 IN THE CLERK ANO RECORDER S OFFICE OF ARAPAHOE COUNTY , SAID POINT ALSO BEING THE POINT OF BEGINNING : TH I .. , ;E S63'51'25'W, A DISTANCE OF 20 .00 FEET TO THE WESTERLY BOUNDARY OF SAID RIGHT- OF-i ', W AGREEMENT: THE ~ ·.~ ALONG THE WESTERLY BOUNDARY THE FOLLOWING TWO (2) COURS ES : 1. N26'08'35'W, A DISTANCE OF 20 .25 FEET ; 2 . N75'51'04"W, A DISTANCE OF 214.28 FEET: THENCE N14'08'56"E , A DISTANCE 20 .00 FEET TO THE EASTERLY BOUNDARY OF SAID RIGHT-OF - WAY AGilEEMENT ; THENCE ALON G THE EASTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1. S75"51'04"E, A DI STANCE OF 223 .54 FEET; 2. S26'08'35"E, A DI STANCE OF 29 .51 FEET TO THE TRUE POINT OF BEGINNING . CONTAINING AN AREA OF 4,873 SQUARE FEET OR 0.112 ACRES MORE OR LESS , PROPERTY DFSCRIPTION STATEMENT I, RICHARD L HARVANEK. A PROFESSIONAL LANO SURVEYOR IN THE STATE OF COLORADO , DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION ANO ATTACHE EXH IBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE , ANO ON THE BA SIS OF KNOWLEDGE , INFORMATION AND BELIEF , ARE CORRECT. J !I-,••'' ,, I} 'Z iJ•jolHA~,;•,:: ~"' ,~:!,} 1;.~ ii ~•"' J0~9 ~. RICHARD L HARVANEK, PROFE SSIONAL I.AND SURVEYOR i~s.:-. ;z~II ',fl / ,._ COLORADO No , 30099 <'J(-,/ {ti. l'f.:' /;:- FORAND ON DEHALFOF JR ENGINEERING, LLC ,_,f: Ai "~~'<,~ 6020 GREENWOOD PLAZA BOULEVARD .,.,.....i,.~1",:,.<"· ENGLEWOOD , COLORADO 80111 EXHIBIT A SE 1/4 SEC. 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, 6TH P.M. COUNTY OF ARAPAHO£, STATE OF COLORADO TEMPORARY EASEMENT CONTAINS 4,873 SQUARE FEET OR 0 .112 ACRES MORE OR LESS LINE TABLE LINE BEARING LENGlH LI S63"51 '2s•1y 20.00 L2 N26'08'35"W 20.25 LJ N14'08'58"E 20.00 L4 S26'0S'J~"E 29.~1 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTErlDED ONLY TO DEPICT THE ATTACHED DECRIPTION . 50 ~ 25 0 SCALE: ,. - 'ST1N(; STORII OU(nP.) 50' POINT Of COMMENCEMENT S OR ,. SEC. R.BBW. 50 lEMPORARY CONSlRUCTIDN EASEMENT SMDISH MEDICAi. CENTER JOB NO, 1~314.00 FEBRURARY 14, 2007 SHEET 2 Of 2 ~ JR ENGINEl!RING ·-- Page 2 o: 3 • • • .g Exhibit A Page 3 of 3 ---------------------------------------------------------------------------0 :J Parcel name : TCE liJ a North : 5140, 16910 East : 4307. 944 25 a Line Co urse : N 26 -08 -35 W Length: 20 . 2 5 0 North : 51 5 8 .34 745 Ea st : 4299 ,02182 Line Course : N 75 -5 1-04 W Length : 214 . 28 G North : 5210 . 72659 Eas t : 4091 . 24226 Line Course : N 14-08-56 E Length : 20. 00 0 North : 5230 .11987 East : 4096 .13111 Line Co urse : S 75-51-04 E Length: 223. 54 0 North : 5175 .47719 East 4312 . 88975 Line Co urs e : S 26-08-35 E Length : 29 . 51 D North : 5148 . 98616 East 43 2 5 , 8 9227 Line Course : 5 63-51-25 W Le ngth: 20 . 00 D North : 5 140 .17388 East 0 4 307. 93833 Perimeter: 527 . 58 Area: 4, 876 Sf' 0 . 112 ACQ D Mapcheck: Closure -(Useis Error Closure: 0 . 0 076 1 listed courses , radii, and de l ta s)□ D (1 D 0 0 D Errcr North : 0. 004789 Precision l: 69,327.20 D Course: N 50-59-4 9 WO East : -0 .005914 D • • •• • • TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of ___ , 2007 by and between the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its Water and Sewer Board (Granter) and HCA Healthone LLC, dba Swedish Mec1ical Center _________________ ( Gr.tntee). WHEREAS, The City o"Englewood owns a right-of-way ~Jr the City Ditch, a canier ditch (City Ditch ROW) which is located as described .on Exhibit A. WHEREAS, HCA Healthone LLC desires to install acurb and Gutter .,.and.,,._..cAs..,ph.._,.a,..l.1at/..,.eo"""'nc..,r.,.e,..t._e .... Dc .... 1 ... ve.._ ________ within the City Ditch ROW pursuant 10 a license between the pl11'ties. NOW, THEREFORE, In consideration of the mut"Jal covenants of the parties, more particularly hereinafter set forth. the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows : J. Temporary Consouction Easement. Englewood (as Granter) hereby grants to HCA Healthone LLC (ns Grantee), its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary construction easement through, over, under and across the City Ditch ROW for the installation of a curb and gutter and asphalt/concrete drive -------,---....,.---,-----------pursuant to a license agreement (the Proje ct). 2. Term of Easement . The Project will begin no sooner than ra/o"l and will be completed no later than \/o"I . Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Granter and this Temporary Easement will be deemed to have terminated upon such completion . 3. Access . Grantee shall have the temporary non•cxcluslve right to enter the City Ditch ROW for any reasonable purpos~ nec ess.".l y or prudent for the construction of the Project subject to the followin 11 redtrictions: I) normal working hours shall be consistent with COOT .:opstructi on hours, Monday through Friday and 2) the operation of equip m,:,1l and heavy trucks will be permil".ed on _the I,nglewood City Ditch ROW onJ:' during normal working hours . A t t a C h m e n t 2 4. Restorarior ,. Upon completion of tho Project, Grantee will perfonn such restoration and regrading as is necessa1"j or prudent to restore the surface area of the City Ditch ROW to its original conditi on . 5. Indcmnjfjcntion . Grantee, to the extent permitted by the laws and constitution of the State of Colorado, hereby agrees to be liable and bold harmless the City ofEnglewood, 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 Grantee in the construction of the Project, including tile cost of defending against such claims . 6. Lia bility. Grantee hereby ackDowledges th it understands that there is water flow in the City Ditch from April I to NM ·embcr I of each year and that it will assume liability for any damage to adj oining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's · constr11ction activities. • 7. ~-Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of $600,000 .00 property coverag e and $600,000.00 liability coverage. Grantee further agrees that all its employees, • contraetors nnd sub-contractors working on the Project shall be covered by .adequate Workers Compensation insurance, 8. Assignment, This Temporal'y Construction Easement is assignable only with the written permission of Englewood, which permission will not unre~onably withheld, conditioned or delayed. IN WITNESS WHEREOF, the parties hereto have executed Ibis temporary · construction Easement on the date and day firs.t written above, • •• • • In granting the above authorization, the City reserves the right to make full use of tl1e property involved as may be necessary or ponwnient in the operation of the water works plant and system under control of the City: IN WiTNESS WHEREOF this inst111ment has been executed as of the day and year first above written . CITY OF ENGLEWOOD By:-,,..------,-------- Stewart H. Fonda Director of Utilities City of Englewood By : ____________ _ Chairman Englewood Water and Sewer Board The undersigned officer of IQ\ !ffllt:lxre rrc, d;:a Salish Mr:aJ orter: has read the foregoing License and agrees for an on behalf of said HCA Heal thane LLC, dba Swedish Medical center that it will accept and will abide by all the terms and conditions tliereof. LlCBNSEE : Notary: Title : ~rt>s,'J'e-nt:/C E O ~/J1-~ My commission expires : Address : Swed I~ n~ ecltca) C:et!-Jer G:01 e. "ifcl.e"'-14ue f n5/e•t1rwP,. Co 8ml ~ Phone: :Set!> 7 &&:: loJ-)... 7 • • EXHIBIT Exhibit A Page l of 3 ~ JR ENGINEERING ',\'f~1u l ,r, , , '.' PROPERTY DESCRIPTION -TF.MPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTl.)N EASEMENT OVER ANO ACROSS A PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOU TH , RA NGE 6B WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLL OWS: 3AS IS OF BEARINGS: THE SO UTH LINE OF TH E SOUTHEAST ()I JARTER OF THE SOUTHEAST QUARTER OF SECTION 34 , TOWNSH IP 4 SOUTH, RANGE 6B WEST OF THE SIXTH PR INCIPAL MERIDIAN, BEING ASS UMED TO BEAR NB9'59'5B"W. CO MMENCING AT THE SOUTHEAST CORNER OF SA ID SE CTION 34; THENCE N77'32'06"W, A DISTANCE OF 690.36 FEET TO A PO INT ON THE EASTERLY BOUNDARY or-A RIGHT-OF-WAY AGRE EMENT RECORDED IN BO OK 1328 AT PAGE 461 IN THE CLER K AN D RECOR DERS OFFICE OF ARAPAHOE COUNTY , SAID POIN T ALSO BEING THE POINT OF BEG IN NING, THEf.jCE S63 "51 '25"W, A DISTANCE OF 20.00 FEET TO THE W ESTE RLY BOUNDARY OF SAID RI GHT- OF-WAY AGREEMENT; TH EN CE ALONG THE WESTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. N26'0B'35"W, A DISTAN CE OF 20.25 FEET; 2. N75 '51'04"W, A DISTANCE OF 214 ,2B FEET; THENCE N14'0B'56"E , A DI STANCE 20 .00 FEET TO THE EASTERLY BOUNDARY OF SAID RIGHT-OF- WAY AGREEMENT; THENCE ALONG THE EASTERLY BOU NDARY THE FO LLOWIN G TWO (2) COURSES: 1. S75 '51 '04"E, A DISTANCE OF 223.54 FEET; 2. S26'0B'35'E, A DISTANCE OF 29 .51 FEET TO THE TRUE POINT OF BE GINN ING, CONTAINING AN AREA OF 4,873 SQUARE FEET OR 0.11 2 ACRES MORE OR LESS . PROPERTY DESCRIPTION STATEMENT I, RI CHARD L. HARVANEK, A PROFESSIONAL LANO SURVEYOR IN THE STATE OF CO L RADO, DO HEREBY STAT [: THAT THE ABOVE PROPERTY DE SC RIPTION AND ATTACHE D E BIT WERE PREPARE D UNDER MY RESPON SIBLE CHARGE, AN D ON THE BAS IS OF MY NOWLEDGE, IN FORMATION MIO BELIEF , ARE CORRECi". RICHARD L. HARVANEK, PROFESS IONAL LAND SURVEYOR COL ORADO No . 30099 FOR AND ON BEHALF OF JR ENGINEE RING, LLC 6020 GREENWOOD PLAZA BOULEV ARD ENGLEW OOD , COLORADO 8011 1 7/1Bl2007 Page 2 of . 3 EXHIBIT A SE 1/4 SEC . 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, 6TH P.M . COUNTY OF ARAPAHOE, STATE OF COLORADO N89'59'5B "W (BASIS OF BEARINGS) SOL TH LINE, SE 1/4""'sf"'i74, SECTION J4, T.4S,. R.68W. - TEMPORARY EA SE MENT CONTAI NS 4,B73 SQUARE FEET OR 0.112 ACRES MORE OR LESS LINE TABLE LINE BEARING LENGTH L1 S6J'5 1'25"W 20 .0 0 L2 N26"0B'J5"W 20.25 LJ N14"0B'56"E 20.00 L4 S26'08'35.E 29 .51 NOTE: TH IS EXHIBIT DOES NOT REPRESE NT A MON UMENTED SURVEY. IT IS INTENDED ON LY TO DEPIC T THE ATTACHED DECRIP TION. TEMPORARY CONSTRUCTION EASEMENT SWEDISH MEDICAL CENTER JOB NO. 15314.00 FEBRURARV 14, 2007 SHEET 2 OF 2 ~ JR E N G INEERING •-t_,. • • • .g Exhibit A Page 3 of 3 -----------------------------.. ---------------------------------------------J 'J Parcel name: TCE I □ ,:; North: 5140 .1691 0 East : 4307, 94425 D Line Course: N 26-08-35 W Length: 20. 25 □ North: 5158 .34745 East : 4299.02182 Line Course: N 75-51-04 W Length: 214 , 28 □ North : 5210 . 72659 East : 4091. 24226 Line Course: N 14-08-56 E Length : 20 . 00 □ North: 5230.11987 East : 4096.lJlll Line Course : S 75-51-04 E Length: 223. 54 □ North: 5175. 47719 East 4312 ,88975 Line Course : S 26-08-35 E Length: 29. 51 □ North : 5148. 98616 East 4325 ,89227 Line Cour.9e : S 63 -51-25 W Length : 20 . 00 □ North: 5140 .17388 East 4307 , 93833 D Perimeter: 527,58 Area : 4,876 SF 0.112 Ac□ □ Mapcheck Closure -(Uses Error Closure: 0 .00761 listed courses, radii, and deltas)□ Course: N 50-59-4 9 ·w□ 0 0 □ □ □ □ Error No rth: 0.004789 Precision 1: 69,327.20 East : -0. 005914 0 □ • • • • COUNCIL COMMUNICATION Date: Agenda Item : Subject: March 19, 2007 11 a iii Lice nse Agree ment for Swedish Hospital Curb, Cutler and Asphalt/Concrete Driveway Initiated By: I Staff Source: Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 10 dated March 19, 2001 -Swedish City Ditch Encroachme11t Permit and Gra nt of City Ditch Crossing License Agreement for Overhang ove r City Ditch. RECOMMENDED ACTION At their March 13, 2007 mee ting, the Water and Sewer Board recom mer·,.,ed Council adopt a Bill for an Ordinance approving the City Ditch Licens e A~reem ent for cu, ,· i ,,, and an asphalt/concrete drivew ay over the City Ditch at th e !,"edish M ~dica l ( ""~ BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Swedis:, Hospital submit1ed a Li cense Agreement to instal! curb, gutter and an a~11'1 alt/concrete driveway at 501 East Hampden Avenue in the existing drive aro und local ed on the south side of the hospital facing Hampden. Swedish Hospital will be enlarging the footp rin t of the existing overhang addition by extending it southward, w hile maintaining the required distance from th e City Ditch. Swedish is expanding their faci lities to update the environm erl t and physical plant of their hospital and const ru ct more patient-focused faci lities . The exis tin g overhang is approx imate ly 21 ' above the City Ditch easement and does not in terfere with City D itch operations and repairs . The existing encroa chment permit is for the supporting column ne cessary for construction that requires 16 square feet within the City Ditch right-of-wa y. The proposed cu rb, guller and driveway will also encroach in the City Ditch easemen t; therefore a license agreement is mandatory. The Utilities Department is requiring that the City D itch pipe be vid eotaped before and after constru ction to insure that the integrity of th e pipe is maintained . The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point o r points w here the Licensee performs any work in conn ection with the crossing provided by the Licensee . Th e City reserves the right to make full use of the property necessary in the operati on of th e City Ditch . The City retains all rights to operate, maintain, install, repair, remove, or relocate any of its facilities located within the City', right-of-way. FINANCIAL IMPACT None . UST Of ATTACHMENTS Proposed BIii for Ordinance • •