HomeMy WebLinkAbout2007 Ordinance No. 070•
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ORDINANCE NO . IJ.Q_
SERIES OF 2007
t'ON'!11Act No. ,' </-<> -~ 7 9 b i
BY AUTHORITY
COUNCD.. BD..L NO. 70
INTRODUCED BY COUNCD..
MEMBER MOORE
AN ORDINANCE AUTHORIZING A "LICENSE-CITY DITCH CROSSING AGREEMENT", A
"TEMPORARY CONSTRUCTION EASEMENT" AND A "CITY DITCH ENCROACHMENT
PERMIT' TO HCA -Health One LLC, dba SWEDISH MEDICAL CENTER FOR THE
INSTALLATION OF TWO STORM SEWERS AND ONE SANITARY SEWER SERVICE
LOCATED AT SOI EAST HAMPDEN AVENUE.
WHEREAS , the Englewood, Colorado City Council approved the Swedish Medical Center
Planned Development in J 989 with odditionol amendments approved in 1989. 1990, 1992 and
1993; and
WHEREAS, ordinances were pa5'ed in 2001 and 2007 which authorized encroachments and
crossing licenses on the City Ditch as o rcsuh of expansion and improvements at Swedi sh Medical
Center.
WHEREAS, in conjuncti on with funher expansion at the Medical Center, the City received a
request from Swedish for the instollation and realigning of two stonn sewers and one sani tary
sewer service which cross ond encroach into the City Ditch Right -of-Way in the area of the front
entrance, located 01 SO I Eost Hampden Avenue; and
WHEREAS. the Englewood Water and Sewer Board recommended approval of the "License
City Ditch Cro5'ing Agreement", a "Temporary Construction Easement" and a "City Dit ch
Encroachment Permit" 10 HCA at the November 13 , 2007 , meeting ;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCD.. OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~-The "License-City Ditch Crossing Agreement," allached heret o as "Attachment I," is
hereby approved by the Englewood City Council.
~-The "Temporary Construction Easement ", attached hereto as "Attachment 2" is
hereby approved by the Englewood City Co uncil .
~-The "C it y Ditch Encroachment Pennit ", att ached hereto as "A llachment 3" is hereby
approved by the Enalewood City Council.
~-The Director of Utilities is hereby authorized to execute the "License-City Ditch
Cro11in& Apment" and the "Temporary Construction Easement " for and on behalf of the City of
Enalcwood, Colorado .
~-The Mayor ia hereby authorized to exlCllle and the City Cln to an111 and aN1 the •
"City Ditch Encroachment Permit" for and on behalf of the City or en,llwood. Colonido .
Introduced, read in full , and paued on f1nt readlna on the 3rd day ofl>ec«nblr, 2007 .
Published as a Bill for an Ordinance on the 7th day of l>ecemblr, 2007 .
Read by title and passed on final readina on the 17th day or December, 2007 .
Published by title as Ordinance No@., Series of 2007, on the 2ht day of December, 2007 .
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hcn:by certify that the
above and foregoing is »-IJ.)I• copy of the Ordinance pa ss ed on final and published by
title as Ordinance No . ~✓Series of 2007 . •
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LICENSE· CITY PIIGH GROSSING AGREEMENT
THIS LICENSE AGREEMENT, made a n d entered into ea oftbi1 ____ day of
_, by ond between the CITY OF ENGLEWOOD , a municipal
co11rnrotion of the State of Colorndo, heroin refe1Tod tons 11 City". end
ID\ lisaltlrm UC, d:a Soa:lls1 M33icBl Clrts:-
hercin 1·efened to os "Licensee".
WITNESSETH : The City without any wm·1·unty of its .title or inte1·est whatsoever, hereby
a=~es Licen see, its successor, nesigna , to install o stn:m 93a' an:! Dlitary 91!1&"
over the City's 1~hts-of-wny for the City Ditch, described as n pnrcel oflond situated in the_
SE OE Qmter, tre SE O'e Q..arter of Scction.-'34:..a... __ _
Township 4 9:lth Rongo 68 lest of the
------'""-''--------------''P.M., County of Arnpahoe, Stote of
Colorado described •• follows:
The above-descl'ibed parcel contains 4873 9:J. Feet er 0-112 l'ae more or le ss
h-Any construction contemplnted or performed under this License shall comply with and
conform to stnndru·ds formulated by tbs Director of Utilities of the City and such constr uction
shall be performed and completed according to the plans, consisting of one eheet, o copy of
which is attached hereto ond made e port hereof.
2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the
t~.l~r :,m~~~ ~~on of, 01' any 1·epnirs made to, Licensee's-----
______________________ ao that the City mny, in its
iliscretion, inspect such operations.
3. Witbn tlili:ty (30) days from the date of the commencement of construction of said __ _
stmn se,,,er ani sanitary se,,e:: se,:vi.ce
the Licensee shall complete such construction, placa and maintain permanent, visible
marke rs, of a type and at such locationeaa designated by the City'■ Director of Utilities,
refening lo tbe centerline of tbe in•tallation and ■hall clear the croaain111'1!& of all
construction debris and restore the area to ita previoWI condition II near 01 may be
reasonable. In ths event tho planing of tho eenterline marker• and the cloarinr and
restoro tion of the crosain1 area ia not completed within the time apeclfied, the City may
complete the work at the 10!1 expen ■e of the Licensee .
4. '.l'he City shall have the rig-ht to maintain, install, repari, remove or relocate the City
Ditch 01· any other ofite facilitiea nr inatallationa within the City'■ rishta-of-way, at any time
and in such mnnner aa the City deems neee11ary or convenient. Tho City re ■erveo the
cxcluoiva l'iaht lo conti·ol aU eaaemonta and in ■tallotions. In the event the stmn _. ini
Bl1ts)' _. avi.111 1hould lntarCoro with any future use of tho City's rights-of-way by the
Cl Ly, tht Ltcan111 1ho.U, upon s·oqueat and at lta sole expens~, relocate, rearrange, or ren1ove
ite ln1tall0Uon110 11 not lo i11torfo1·0 with any ouch use .
6. Any 1·opoh' u1· replucoment of nny City inntoll•tion mode necessary, in the opinion of the
City'■ Director of' ULWUea becau11 of the constrnction of the stmn se.er an:l sanitary
flleRC ,-;vim 01· other appu.l'tennnt
instollntion U101·eof, aholl bo mode nt the sole expense of the Licensee.
G. Tha 1tipltlotlon and conditions of thia License shall be incorpornted into contract
t1porificalion1 if the con1ll·uction herein outhoriied is to be done on a contract basis .
7. 'fho l'i1hta and privileaea gl'antacl in this License aball be subject to prior agreements,
license, und/m• KJ,'nnt1, i·ocorded or unrecorded, and it ,shall be the Licensee's sole
1·01pon1lbility Lo dotarmino the exiatence of snid documents or conflicting uses or
in•tellation ■.
8. Tho Lic1n1ae ,hall contact ond fully cooperate with the City's personnel nnd the
con1t.ruction 1hall be completed without inte1·ferenco with ony lawful, usual or ordi11a1·y flow
of wate1· lhro111h tho City Ditch. Licensee shall assume all risks incident to the possible
prounc1 of 1uch wotera 1 01· of atorm wotel'a, or of surface woters in the City Ditch .
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D. All l.l'lnchea or holea within the City's ri~hls-of-way shall be backlilled end tamped to the •
oriri,nol p·ound line in loyel'a cot to excee six (G) inches loose meosw·e to a compaction of
ninaty perconl (DO%) Stondord Pl'octo,· Maximum Density.
10. Licen ■H, by accept.nee of thia License, expr4essly assumes full ond strict liability fo,·
any and all damac•• of evary natul'e to pel'son or property caused by water from tho clitch
lenkin1 throuch tho ditch bank• o,· pipoline nt the point 01· points whe1·e the Licensee
purforw ■ any wo1·k in connection with Lbe crossing provided by this License. The Licensee
nuum11 all r1apon1ibWty for mointenonce of the installotion.
11 . Licen■ee ehall indemnify and save harmless the City, its officers and employees,
u11uin1t any and nil claims, damugtea, acctions 01· causes of action und~nses to which it
or they may bo 111bj1clod by rea ■on of said strnn """"1L° a"d sa'litary !e:Vl.Ce
being within ond acrooa and undor the premises of the City or by 1·eason of any work done or
omi11i0n mode by Licensee. it& aaenta 01· employees, in connection with the construction,
replacement, mnintenance 01· repair of said installation.
12. Jt i1 expreaaly agreed that in case of Licensee's breach of any of the within promises, tho
City may, at it■ option, have specific performance thereof, 01· sue for damages resulting from
■uch breach.
13 . Upon abandonment of any richt or pl'ivilege herein 111·anted, the right of Licensoe lo thot
extent ■hall tlrminat■, but it■ obliration lo indemnigy and save bBl'mleaa the City, its
officen and 1mploy111, ,hall not terminate in any event.
fn grantinc the above authorization, the City reserves the right to make full use of the
property involved aa may be noceeaary or convenient in the ope1·ation of tho watei· works
plant and ■y1t■m under the control of the City. •
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In grantiDg the above autholization, the City reserves the right lo make full use of lbe
propetty involved as may be necessary or conveni eut in the opera tion oflhe water works plant and system under control of the City.
IN WITNESS WHEREOF Ibis instrument has been executed as of !he day and year first above written .
CITY OF ENGLEWOOD
By: --:::S-,-!e_w_ar_t""H=-.-=F-on-d:-a--------
Director ofUtiti·.ies
City of Englewood
By: _____________ _
Chairman
Englewood Waler and Sewer Board
TI1e undersigned officer of IOI Hselth:n, UC, d:a Se:futi Medical Clnbat-has read the
foregoing Llcensc and agrees for s,n on behalf of said
IOI Hselth:n, UC, d:a Se:li.sh Medical Orta-that it wilJ
accept and will abide by all the terms and conditions tl1ereof.
LICENSEE :
.fnj lee 11 JoarO,. C,J WI :i
Phone: .3c).),.:_ 7,ey... 0J--);:)
Notary:
C~.~
My commission expires:
.:5 -7-cJ9
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I.EEC~. llARR
l~OTl,Ry P!IBLCC
STATE OF COLORAoo
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QESCRIPDQN PARCEL A;
(~
J-R ENGINEERING
A W,1,,,i ,,, • r .. ,,. ~
SWEDISH MEDICAL CENTER
SANITARY SERVICE CROSSING LICENSE AGREEMENT
m1!m.A
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH, RANGE 68 WEST, Of THE SIXTH PRINCIPAL MERIDIAN, COU~'TY Of
ARAPAHOE , STATE Of COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE Of THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSH IP 4 SOUTH , RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89'5Q'58"W A
DISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER .
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 34:
THENCE N69'58'44"E A DISTANCE OF 543 .33 FEET, TO THE POINT OF BEGINNING ON THE
SOUTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 :
THENCE N20 '04'35"E A DISTANCE OF 20.11 FEET TO THE NORTHERLY LINE OF SAID 20 FOOT DITCH
RIGHT-OF-WAY BEING THE POINT OF TERMINUS . • ~UGRIPTION PARCEL B:
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH , RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE , STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89'59'58"W A
lJISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER.
COMMENCING AT n :E SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE -QUARTER OF SECTION 34 :
THENCE N72'39'45"E A DISTANCE OF 622 .56 FEET, TO THE POINT OF BEGINNING ON THE
NORTHERLY LINE OF SAID 20 FOOT DITCH P.IGHT,OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461 ;
THENCE S24'19'04"E A DISTANCE OF 7.66 FEET:
THENCE S70 '05'30"E A DISTANCE OF 22.51 FEET, TO THE POINT OF TERMINUR
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JR ENGINEERING
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l!UGRIPDQN STATEMENT
I, JAMES 0. RIHANEK , A PROFESSIONAL LANO SURVEYOR IN THE STATE OF COLORADO, 00 HEREBY
STATE THAT THE ABOVE PARCEL DESCRIPTION ANO ATTACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE , ANO ON THE BASIS OF MY KNOWLEDGE , INFORMATION ANO BELIEF , IS
CORRECT .
JAMES 0 . RIHANE K, PROF ESSIONAL LANO SURVEYOR
COLORADO NO . 23053
FOR ANO ON BEHALF OF JR ENGINE:RING , LLC
6020 GREENWOOD PlAZA BOULEVARD
ENGLEWOOD , COLORADO 80111
JR~,LLC
X.-\1!JOOOO.IIIM~1<tOCJM'ord'Uglll\1~1400_lCEQ2.doc
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EXHIBIT A
LINE TABLE
UNEI BEARING ilENGlH
L1 I N20'04'J5"E I 20,11
L2 S2 .. i9'04•E 7,68
LJ S70'05'30"£ 22.51
50 25 0 50
SCALE: 1" • 50'
TH!S EXHIBIT 00£S HOT REPRESENT A MONUMENTED SURVEY.
S INTENDED ONLY TO DCPICT THE ATTACHED PROPERTY O(SCRIPTION .
SANITARY SEll{R CROSSINC LICENSE AGREEMENT
PROJECT NAME: SIW:OISH MEDICAi. CENTER
PROJECT NO.: 15314,00
DATE: 10/22/07 SHEET: J OF J
~ ]'R ENGINBBRING ·--lllCMWIIII ... M •9-mlalD
D-Je.all•F9lD-lt-a•
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TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (the Temporory Easement) is entered into
this_ day of ___ , by and between the City of Englewood, Colorado, a
municipal corporation of the state of Colorado, actint%~,e through its Water and Sewer
Board (Granter) and JU\ lmlttcra Il.C, d:a s..rli.!h Cl'!1l:er
__________________ (Grantee).
WHEREAS, The City of Englewood owns a righ t-o'f-way for the City Ditch , a carrier
ditch (City Ditc h ROW) wh ich is located as de scribed on Exhib it A.
WHEREAS , JU\ lmlttcra, Il.C desires to install a Sl:aJn se.e:-
_a-d_S'!lli __ ·tiry--=-9a1,a_---Sscvice-,----,-----,-------within the City Ditch ROW
pursuant to a license between the panics .
NOW, THEREFORE, In consideration of the murual covenants of the parties,
more particularly hereinafter set forth , the adequacy and sufficiency of which are hereby
acknowledged, it is agreed as follows :
I. Tempof:2'.~srruction Easement . Englewood (as Granter) hereby grants
to JU\ Il.C (as Grantee), its successors, assigns,
contractors , and sub-contractors, a non-exclus ive temporary construction
easement through, over, under and across the City Ditch ROW for the
installation of a stam se.e:-a-d sritiry _.
SHVice pursuant to a
license agreement (the Project).
2. Tenn ofEasement. The Project will begin no sooner than _____ and
will be completed no later than . Completion of the Project
will be deemed to bave occurred upon inspection and approval of the Project
by Granter and this Temporary Easement will be de emed to bave terminated
upon such completion .
3. ~-Grantee shall bave the temporary non-exclusive right to enter th •
City Ditch ROW for any reasooable purpose necessary or prudent for the
construction of the Project subject to the following restrictions: I) nonnal
working hours shall be consistent with COOT construction hours, Monday
through Friday and 2) the operation of equipment and heavy trucks will be
permitted on the Englewood City Ditch ROW only during aonnal working
boun .
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4. Restoration . Upon completion of the Project, Grantee will perform such
restoration and regrading as is necessary or prudent to restore the surface area
of the City Ditch ROW to its original condition.
5. Indemnific ation. Grantee, to the extent permitted by the laws and
constitution of the State of Colorado, hereby agrees to be liable and hold
harmless 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 Grantee in tbe construction of the Project,
including the cost of defending against such claims.
6. Liability. Grantee hereby acknowledges that it understands that there is water
flow in the City Ditch from April 1 10 N:ovember I of each year and that it
will assume liability for any damage to adjoining property caused by water
flow resulting from damage to the City Ditch caused by the Grantee's ·
construction activities.
7. Insurance . Grantee shall maintain in full force and effect a valid policy of
insurance for the Project in the amount ofS600,000 .00 property coverage and
S600,000 .00 liability coverage . Grantee funber agrees tbat all its employees,
contractors and sub-contractors working on the Project shall be covered by
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adequate Workers Compensation insurance . •
8. Assignment. This Temporary Construction Easement is assignable only witb
the written permission of Englewood, which permission will not
unreasonably witllheld, conditioned or delayed .
IN WITNESS WHEREOF, the parties hereto have executed tbis temporary
construction Easement on the date and day first written above.
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In granting the above authorization, the City reserves the right to make full use of the
property involved as may be necessnry or convenient in the operation of the water works
plant and system unJer 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
Director ofT Jtilities
CityofP vood
By : ____________ _
Chairman
Englewood Water and Sewer Board
The undersigned officer of IQ HaBlttD'e II.C, c1:B smiSl MadicBl t..:t= __ ha,: r.dd the
foregoing License and agrees for an on behalf of said
ID ll!al.thn! II.C, c1:B smiSI Mai:lical orter that it will
accept and will abide by all the terms and conditions thereof.
LICENSEE :
. ~ .... -J . LE£M, B~F ' ,
NOTARY r• ~-,c
STl,TEOFC .C1HOO '
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CJD'. DITCH ENCROACHMENT PERMIT
TIIIS CITY DITCH BNCROACHMENI' Pl!RMIT, made and entered into as of this
-.,..,-~ day of_-=--:-c---=-= 2007, by and between the CITY OF ENGLEWOOD, a
municipal corporation of !he State of Colorado, herein refcned to as "City", HCA -HEAL TII
ONE LLC, dba SWEDISH MEDICAL CENTER, a limited liability co!pOl"lltion whoso address is
SOI East Hampden Avenue, Enatcwood, Colorado 80110, herein referred to as "Pcrmiteo"
owner of real property located at 501 East Hampden Avenue, Englewood, Colorado 80110 ,
WITNESSETil: The City without any warranty of its title or interest whatsoever, hereby
aulhorius Permitae to cneroach upon a pareel of land in the City's rigbl-<if-way for the City
Ditch, more speci6cally descn'bed as A aenterline Aligment of Enc:roacment
more or leaJ, more particularly dcscn'bed in "Exlu'bit _A_'_" attached hcn:lo and
incorporated by reference heroin.
I . The City of Englewood, Colorado hereby grants to said owner of the above described
property the right to encroach into Iha City Ditch Right-Of-Way to realign two storm water
service connections for the proposed Swedish Medical Center expansion,
2. The Permitae is granted a pcm,it to encroach into the City Ditch Right-of-Way u
described herein subject to the provilions of this Encroacbment Permit. In addition,
Permltcc la granted Iha following specific rigbta subject to all provisions contained in this
Encroachment Permit; to wit:
a. ~ proposed service connection and reali1111111ents as shown on ''Exlu'bit ~"
will not be removed by tho City without prior notice to Permitee ,
b. The right to maintain and repair the service connections along tho centcrlina of this
encroachment u described in the attached "Exlu'bit _A __ ."
3. In granting this Encroachment Permit, the City reserves the right to make full use of the
Encroac:bmcot Property u may bo oc:ceuary or COIIVCllient in Ibo operation of the City
Ditcb and the City retalna all risht to operate, maintain, install, repair, remove or relocate
my of the City'• facilities located within the City Ditch Right-Of-Way at my time and in
such a manocr u it deems neccaaary or convenicct.
4. Subject lo Iha proviaiona COlllalned ::i Paragraphs I, 2 and 3, tho City lhall have the right to
maimein, illltall, repelr, remove or relocate the City Ditch or my other of ita facilities or
installationa within the City'• Rlabt-Of-Way, It 1111)' time and io IUCb 11111111cr u the Cily
deems Dcceuary or convmient , The City reacrvea the excllllive rigbl to control all
casementa aod installation& •
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5, The Pcrmitee •ball have the rl&ht to maintain and improve the Bncroacbmenl Property
including. but not llmlted to, planting llld trimmina sru• and/or buabc■, fertilization and
imsation, and removal of trash and bru1b. Permltee ii net permitted to comtruot any
permanent llrUctunll or encroach upon the Encroachment Property in a manner net
permitted under this Encroachment Permit.
6. The rights and privileges granted in this Permit shall be subject to prior agreements,
licenses and/or grants, recorded or unrecorded, and lt shall be the Pennitee'a tole
responsibility to determine the exlstence of said agreements, licenses or grants or
cODilicting uses or installations .
7. Access to tl ,e parcel by City personnel must be maintained by Permitee for inspection and
maintenance.
8. Upon abandonment of 11ny right or privilege herein granted, including the destruction or
removal oftbe service connections, the right of Pcrmitce to that extent ,ball terminate, but
its obligation to indemnify and save harmless the City, ill officers and employee,, sball not
terminate in any event,
9. The rights granted Permitee hereunder may not be assigned without the written consent of
the City.
I 0. The aforesaid property owner and their hein, and assigns understand arul aarce that:
•· This permission is revocable at will and without cause by the City of Englewood
without bearing and without notice other than Notice of Revocation .
b. The property owner shall remove said service connections from the publio Right-Of-
Way within thirty (30) days after receiving Notice of Revocation by personal service
or certified mail.
c. That said property owner is estopped to deny the right of the City of Englewood,
Colorado, to revoke this Encroachment Permlt or to deny the property rights of ■aid
City.
d. That said property owner agrees to reimburse and indemnify the City of Englewood,
Colondo, for all neceaaary expenses ofwbatever naturo that may be incum:d In
revoking lhil Permit, removina the service. connection■ placed in the public Right-
Of-Way, nr any other oxpenae u a RSU!t of arantlna the EncroadJmmt Permit.
e. That the llid property owner sball maintain insuJ1mce COVC111&• aifficlenl to aatisfy
aoy liability arilin& u a result of this Encroaohmeat Permlt and lndannlty
Agreemeot, and the City ofBnglewood shall be held harmlcu from any and all
liabilitle■ arisina from this actlon.
f. This Pennlt abalJ inun, to the beoelil of and be bindina upon the hein, axecuton,
lldminiatmon, wiam, and 811CCC880l1 of the n,apective parties.
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Property owner aarec, to tcleVi,e lllld record CODdftioo of City Ditcb Pipew,e aftor
COll5!ructjoa to insure that the integrity oflhe pipew,e i1 •till imact IIDd to make repairs lf damaa,, It •J)J)areat.
IN WITNEss WHilREOF, this Wfnloieot baa beeo executed as of the day end Year lint above wriheo .
APPROVED:
Stewart Fonda, Director
AITBsT:
Loucrishla A. Bllia, City CJoric
STATE OF COLORADQ )
)18. COIJNTy OP ARAPAHOE )
CITY OP ENGLEWOOD
Acting thrnugh and by it,
Water and Sewer Board
;BY ____ ===:---
Cbainnaa
Jame s K. Woodward , Ma;;-
HCA-HEAr,JH ONE I.Le, dba
SWEDISH MEDICAL CBNTER
The for.aolo& imtrume.it wu acbiowledaed befon, me lhia JQ_ day of Q !kbt:_
2007,by..L!'.larr. M. Wbds: --u&.s,(/ro,V(cQ _of HCA-HeaJtb Oue LLC, dba SwediJh Medical COlllcr,
Wllnea 111y hand and o11iclaJ IOI!.
My Conniaioa apin,.: _$-7--o 9
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LEe ht BARR r
l«ITARY PUBUO
BTATEOFOOLOIWX)
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DESCRIPTION PARCEL A:
JR ENGINEERING
r,,1;_. ,i:n:,•11 .~,.•
SWEDISH MEDICAL CENTER
SANITARY SERVICE CROSSING LICENSE AGREEMENT
Wl!.!fil.A
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTrlEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH , RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89 '59'58-W A
DISTANCE OF 1321 .18 FEET. MONUMENTED BY AN AXLE IN RANGE BO X AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BO X LS 12083
AT THE SOUTHWEST CORNER .
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 34;
THENCE N69'58'44"E A DISTANCE OF 543 .33 FEET, TO THE POINT OF BEGINNING ON THE
SOUTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 132 8 AT PAG E 461 ;
THENCE N20 '04 '35"E A DISTANCE OF 20 .11 FEET TO THE NORTHERLY LINE OF SAID 20 FOOT DITCH
RIGHT-OF-WAY BEING THE POINT OF TERMINUS .
ICRIPTION PARCEL B:
A PIPELINE CROSSING THE 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED IN BOOK 1328 AT PAGE 461
LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,
TOWNSHIP 4 SOUTH , RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS Of· BEARINGS : THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 34 , TOW~SHIP 4 SOUTH , RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N89'59'58-W A
DISTANCE OF 1321 .18 FEET . MONUMENTED BY AN AXLE IN RANGE BOX AT
THE SOUTHEAST CORNER AND A REBAR WITH CAP IN RANGE BOX LS 12083
AT THE SOUTHWEST CORNER.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 34 ;
THENCE N72'39'45"E A DISTANCE OF 6:!2 .56 FEET, TO THE POINT OF BEGINNING ON THE
NORTHERLY LINE OF SAID 20 FOOT DITCH RIGHT-OF-WAY DESCRIBED Ill BOOK 1328 AT PAGE 461 ;
THENCE S24'19'04"E A DISTANCE OF 7.66 FEET;
THENCE S70'05'30"E A DISTANCE OF 22 .51 FEET, re THE POINT OF TERMINUS .
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1ll/22/2007 JREnglnNrtng,LlC
X.'\1!i30000,afl1'31400!Worfi.lQlll\1531400.TCE02.dOC
P1ge 1 of3
QEIICRIPTION STATEMENT
,,;;;i}:':\
'-~
JR ENGINEERING
.,w~:111·,,r:o, ...... f
I, JAMES 0 . RIHANEK , A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO , DO HEREB Y
STATE THAT THE ABOVE PARCEL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE, ANO ON THE BASIS OF MY KNOWLEDGE , INFORMATION AND BELIEF, IS
CORRECT .
JAMES D. RIHANEK , PROFES SI ONAL LANO SUR VEYOR
COLORADO NO . 23053
FOR AND ON BEHALF OF ,'R ENGINEERING , LL C
6020 GREENWOOD PLAZA BOULEVARD
ElmLEWOOO, COLORADO 80111
M~.LLC
x.11!30000.al\153t•oo~wa~ .. _."531400_TcEm.doc P•2af3
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EXHIBIT A
20 OITCH rr~~--
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• ______ ~ \_ ____ I !~ I.@)\..... -
-= = : = = = = = = =-----------------------------__,, -_ i: ' . \ ----=-
N89'59'5trw 1J21. 18 ' (BAS1S or 8£AIIINfZ) __/\r--+ .t --___ ------SOUTH llNf. S[l/./,S£1/./, SCCllON J,I, us.. R.68W. I --
I' SW CORN[R, S£//,1,S£f/4, ' S£ CJRl ,[R ,.
S£C. J ./, US. R.68W. S£C. J#, 1.4S., R.68W.
R[OAR ct CAP IN RANG[ BOX AXl.[ IN RANCC BOX
LS 1208!
LINE TABLE
LINE BEARING LENGlH
L1 N20'04'~"E I 20.11
L2 I S24i9'04"E I 7.55
L.l I S70'05'30"E I 22.51
25 0 so
1· • 50 '
, THIS EXHIBIT 00£S NOT R£PRES£NT A MONUMENTED SURVEY.
INT[NOED ONL Y TO DEPICT THE ATTACHED PROPERT Y DESCRIPTION ,
SANITARY SEWER CROSSING Uct:NSE AGREEMENT
PROJECT NAME: SM:DISH MEDICAL CENTER
PROJECT NO.: 15314.00
OAl[: 10/22/07 SHEET: J Of J
~ J-R BNGINEBRING ·--
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COUNCIL COMMUNICATION
Date : Agenda Item : Subject:
December 3, 2007 11 a ii Agreements for Swedish Medical Center Storm
Sewer and Sanitary Sewer Installation
lniliat ~~ Sy: I Staff Source:
Utilities Department Stewart H . Fonda, Director of Utilities -
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordina,•ce dated March 19, 200 1 -Swedish City Ditch En croachment Permit and Grant of City
Ditch Crossing License Agreement for O verhang ove r City Ditch.
Ordinance dated March 19, 2007 for a City D itch Li cense A greement fo r curb, gutter and
as phalt/concrete driveway over the City Ditch at Swedish Medical Center.
RECOMMENDED ACTION
The Water and Sew er Board , at their November 13 , 2007 meeting, recommended Council adopt a
Bill for an Ordin 'nc,, approvin g the C ity Ditch License Agreement, Temporary Construction
Easement, and City Ditch Encroa chment Permit for installing a storm sewer and sanitary se w er at
the Swedish Medical Center.
BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Swedish Medical Center submitted a License Agreement, Temporary Construction Easement, and
Encroachment Permit to install and realign a storm and sanitary sewer. The En croachment Permit is
to enable the contractor to encroach into the City D itch right-of-way to realign and insta ll the storm
and sanitary sewer lines. The Licens e Agreement wi ll allow the installati o n. Th e location of the
construction si te is the area of the front entrance turn-around at Swedish Medical Center off East
Hampden Avenue.
The Utilities Department is requiring that the City Ditch pipe be videotaped before and after
construction to insure that the integrity of the pipe is maintained.
The Licensee expressly assumes full and strict liability for any and all damages of every nature tc>
person o r property caused by the point or points where the Licensee performs any work in
connection with the crossing provided by the Licensee . The City reserves the right to make full use
of the property necessary in the operation of the City Ditch. The City retains all rights to operate,
maintain, install, repair, remove or reloc•t• any of Its facilities located within the City's right-of-way .
FINANCIAL IMPACT
None .
LIST OF ATTACHMENTS
Bill for an Ordinance
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