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HomeMy WebLinkAbout2007-04-02 (Regular) Meeting Agenda Packet1. 2. 3. 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, April 2, 2007 7:30 p.m. Englewood Ci v ic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7:f;f ~ Invocation. ~ Pledge of Allegiance. ~ Roll Call. ~ ~} / ~ (/}ltd/!,) 5. Consideration of Minutes of Pre v ious Session. ~ (;-{>· Minutes from the Regular City Council meeting of March 19, 2 007. ~ 6. Recognition of Scheduled Public Comment. (Please limit y our presentation to ten minutes .) a. Englewood Citizen Ly nette Heidrick will be present to discuss returning Jason Park to an on-leash park . b. Marc Ogo nos ky ~ent to address City Council. WM'> Nor f~ r R ogni t ion of Unsched ul ed Publ ic Com m ent. (Pl ease lim it yo ur prese ntat io n t o five m in utes . Tim f r un h dul d public commen t may be limi ted t o 45 minu t es and if limi t ed sha ll be t nt il)µj!_d t o ,~n r I D.i~ u~ion.) ().. ~rr e,~t..y -~41"1(/1.J)L_ &, P/JrQtJt;_ l-/81(A-,(V l)~R1(.A-f'U) 70 Il l~ Fl,,fflJ;.~ t,.. ~lllt'll'1DAI ~ tUJ TO urtWJ11.u, .flt~AJ /JA R):.. -ro A-Al ~Al~ PA-h:- mmuni J t i n , Pr I m at i n , and App oi ntm ents. l.1"4..#/~r\, ~-0 a. A r I m ti n d I ring April :!O, 2007 as Na tio nal Arb or D ay ~ A r la~,:~o n ,declar_in ~ Apri l _:? thr o u gh 28, 2007 as Na t ional Crime Vic t ims ' Righ t s Wk.~ Englewood City Council Agenda April 2, 2007 Page 2 9. Consent Agenda Items . a. ¥fd~-o b Ap~ of Ordinances on First Reading . Ap roval of Ordin nces on s;ond Reading . ~T ,i4£J)IJ,f,t/[;i,,o 9~;°.k Iii A-Ai{) i. Council Bill No. 16, authoriz~fer of ow nership of Lot 30, Block 6, CJ e /~ //'1--i1i· Skerritt's Addition, 3rd Filing, as described in the deed to the City of Englewood Housing Rehabilitation Fund to combine the property with Lots 28 and 29 known as 3596 South Bannock Street. ii. Council Bill No. 20, authorizing a "City Ditch Crossing License Agreement" for a fence; a "City Ditch Crossing License Agreement" for a residential sanitary sewer line; and an "Encroachment Permit And Indemnity Agreement" to the City of Englewood-Rehabilitation Fund for the location of 3596 South Bannock Street, Englewood, Colorado .. iii. Council Bill No. 19, approving the City Ditch License Agreement and Temporary ,n J Ji ? .I\ Construction Easement for the installation of curb, gutter and an asphalt/concrete V l/1..,, fr ;,.l/ driveway at Swedish Medical Center. iv . Council Bill No. 2 1, v acating an existing sanitary sewer easement in the vaca ted alley M J /;;. / through the property commonly known as 3500 South Sherman Street and v' t--(;t previously occupied by the Engle w ood Masoni c Lodge . Council Bill No. 22, amending Title 5, Chapter 1, Section 4, Subsection C (Lic ense Rene w als ) of the Englewoo d Municipal Code pertaining to a late fee for miscellaneous license rene wa ls not filed in a timel y fashion . vi. Council Bill No. 23, authorizing an Interg overnmen tal Agreement for Maintenance Al r'I J 4-'} 3 of the Bike and Pedes trian Trail across th e City of Englewood Golf Course, a Grant (/" tAJ ~ of Revocable Easement, and a Temporary Const ru c tion Easement with South Suburban Park and Recreation District. c. Resolutions and Motions. i. Recommendation from the Finance and Administrati e Services Department to adopt a Resolution establishing a late filing fee for submitting miscellaneous license renewals per Title 5, Chapter, Section 4 of the City Code at $:?5 . STAFF SOURCE : Frank Gryglewicz, Director of Finance and Administrative Services Department. ii. Recommendation from the Utilities Department to appro e, by Motioo., the purchase of one, new ten -y ard tandem dump truck. Staff re c ommends awarding the bid to the lowest acceptable bidder, Transwest Trucks, Inc. in the amount of $79, 16 . STAFF SOU RCE: Stewart H . Fonda, Director of Utilities. Englewood City Council Agenda April 2, 2007 Page 3 iii. Recommendation from th e Public Works Department to approve, by Motion, a contract for the purchase and installation of carpet on a portion of the second11oor of the Civic Center. Staff rec ommends awarding the contract to Resource Colorado, the lowest responsibl e bidder for Masland Modular Carpet, in the amount of $64,271. STAFF SOURCE: Rick l<ahm, Public Works Director. 10. Public Hearing Items . No Publi c Hearing Scheduled). ff 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. .,Council Bill No. 25 -Recommendation from the Community Development ~ f.P -:-0 . Department to acfopt a Bill for an Ordinance approving Amendment No. 6 to the Swedish M edica l Center Planned Development. Staff requests that Council ~~'l rlchedule a Public Hearing on May 7, 2007 to take public comment on the proposed ~.. . .~ 'l;~-f amendment. STAFF SOURCE: Tricia Langon, Senior Planner. ~ b. c. Ap~f Ordinance s on Second Reading. R s luti ons and M o ti ons. Re ommendation from the Community Development Department to adopt a R oluti n appro ing the Englewood Downtown and Medical Center Small Area Plan G oal and Objecti es as an addendum to Roadmap Englewood: The 2003 Englewood Compreh,~e ~Ian . ST~FF SOURCE: John Voboril, Planner and Brook Bell, Planner.~ 1-. General DI u ion . a. Ma or ' Ch i e. b. C uncil M mh rs' Choice. 13 . City M nag r 's Report. 14 . ity Att orn • R port. 1 . Adj urnm nt. J: )...)..f b,- wood Englewood City Council Agenda April 2, 2007 Page 4 The following minutes were transmitted to City Council in March 2007: • Cultural Arts Commission meeting of February 7, 2007. • Keep Englewood Beautiful Commission meeting of February 13, 2007. • Liquor Licensing Authority Telephone Poll of January 17, 2007. • Parks and Recreation Commission meeting of February 8, 2007. • Planning and Zoning Commission meeting of February 6, 2007. • Public Library Board meeting of February 13 , 2007, and Special Meeting of March 21, 2007. • Transportation Advisory Committee meeting of February 8, 2007. Pl PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: APRIL 2, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC SJ -11{!,r::,1}= tft20 ,C LJ<h · Q ¥,f.. ·~"f ~v - 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 19, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:35 p .m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine , Oakley, Mccaslin, Woodward, Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Director Gryglewicz, Finance and Administrative Services Director Fonda , Utilities Director Black , Parks and Recreation Manager Stitt , Community Development Golf Operations Manager Spada , Parks and Recreat ion Police Co mma nde r W atso n, Safety Se rvi ces Fire Division Chief Pattarozzi, Safety Services 5 . Cons ide rati on of M inutes of Prev ious Sess ion (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE T HE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 5 , 2007 . Mayor Wolosyn asked if there was any discussion . There was none . Vo te resu lt s: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None 6 R cognition of Sch duled Public Comm nt .. Englewood City Council March 19, 2007 Page 2 (a) Mayor Wolosyn said new Englewood business owner Mingmar Sherpa is present to address City Council. Mingmar Sherpa said I am a new business owner to the City of Englewood . Our business is Serenity Laser Group and, unfortunately, this is one of the first times that I've ever done anything like this so I don't know exactly what you want me to go into , but we will open up Saturday, March 24th . Like I said, we are new to Englewood, so we definitely look forward to being a part of the City. Mayor Wolosyn said what is the address of your business? Mr. Sherpa said we are at 5182 South Broadway ... right on the corner of Broadway and Belleview. Mayor Wolosyn said welcome and thank you for stopping by. Unless you want to tell us more about your business. Mr. Sherpa said thank you and real quick, our company is devoted to helping with smoking cessation, weight control and weight loss through advanced technology and laser therapy. Our Grand Opening is on Saturday, so we invite everybody to stop by, take a look at it and experience it first hand . If you, yourself, smoke or care about somebody who does smoke . The of lives it claims every year ... all we are looking to do is save a fraction of them, it is going to make everything worth it. Mayor Wolosyn said thank you . Council Member Barrentine said congratulations . (b) Mayor Wolosyn said Parks and Recreation Director Jerrell Black is here to make an Aquatics Awards presentation . Director Black said I would like to ask Brad Anderson, our Aquatic Supervisor, to come up . You have heard me on a number of occasions talk about the quality and professionalism of the staff of Parks and Recreation . Tonight , I am pleased to have the honor to formally recognize our Aquatics Programs and our aquatic staff for two national awards and one state award from the United States Water Fitness Association . I would like to start with the State award and I would like to read it to Mr . Anderson ... it says "This is to certify that the Englewood Recreation Center has been selected as the Number One Aquatic Program in the State of Colorado by the United States Water Fitness Association ." And I might add that this is the 1ih year in a row that Brad and his staff have received this award. Congratulations . There was applause . Director Black said the next award is a National award ... and I would like to read this, it says "This is to certify that the Englewood Recreation Center has been selected as the 14th best Aquatic Program in the country, certified by the United States Water Fitness Assoc iation " and this is the 1 ot h year in a row that Brad and h is staff have been ranked 1 J1h or higher in th is award . There was applause . Director Black sa id I guess I should have asked Brad to bring somebody up to he lp him hold th e pl aques t ha t w e are award ing to night. Directo r Black sai d the next one is a National award that is presented to Brad personally and it says , "This is to certify that Brad Anderson has been selected as one of the top 46 Aquatic Directors in the country by the United States Water Fitness Association ." And I can tell you , w ithout a doubt , whether he rece ives this award or not, those of us in Parks and Recreation already know how good Brad is in the field of aquatics . Congratulations . There was applause . M r . Anderson said the biggest thing I wan t to say is thank you for all the support you have given us ... myself and the aquatic staff ... here a t the C ity . Without your help and support there is no way that we could have accepted or earned these awards . Thank you . M ayor Wolosyn sa id th a nk you an d I would like to th ank you , J er rell and Brad , for com ing here and allow ing us to honor you here in the Chambe rs . Council Member Barre ntine sai d could we se e the other pe ople who are here w ith th e Parks a nd Recrea tion Departmen t as w ell. .. could they stand up a m oment? Director Black said all those in Parks nd Recreation , please stand up . We have several members here . There w ppl u . Englewood City Council March 19, 2007 Page 3 Mayor Wolosyn said congratulat ions . Well done Brad . (c) Mayor Wolosyn said Safety Services Fire Division Chief Mike Pattarozzi is present to recognize Englewood Staff for assisting in a medical emergency. Safety Services Fire Division Chief Mike Pattarozz i said w ith your permission I would l ike to have the follow ing individuals step forward : Amanda Adams , Michele Sm ith , Bob Leonard, Valerie Williams and Heather Utrata . [Clerk's note : Ms . Williams and Ms . Utrata were not present.] Division Chief Pattarozzi said on Friday , February 2 , 2007, the Fire Division was dispatched to the Englewood Recreation Center on a reported "man slumped over on an exercise bike ." Engine 21 , Medic 21 and Battalion 2 responded . Upon their arrival, they found a patron of the Recreation Center in card iac arrest. The staff of the Recreation Center, assisted by a citizen, had quickly and correctly identified the status of the patient and initiated CPR. The staff also initiated the use of an Automatic External Defibrillator. The quick and correct action of the staff and the cit izen, prior to the arr ival of Fire Division personnel , was a major contribut ing factor in the patient being del ivered to the Emergency Department at Swedish Medical Center with a pulse . And, I would add, that ultimately the patient was successfully discharged from the hospital. In addition to that , the patient's wife was taken to the Emergency Department by a member of the Recreation Center staff. The patient care and the compassion of the staff of the Recreation Center are to be commended . The actions they took saved a life . The actions they took in caring for the spouse of the patient demonstrated a level of compassion that reflects a culture of customer service that goes well beyond the norm . And, I would add that the crew that responded on that call is here tonight and I know that they give you their thanks also. There was applause. The following members of the Englewood Recreation Center staff are to be commended for their actions : Bob Leonard and Michele Smith. There was applause. The other two members of the staff are not present tonight , but we do have Ms . Adams here . Mr. Pattarozzi sa id Ms . Adams thank yo u very much . There was applause . Council Member Barrent ine sa id I want to tell you tha t I went to the Rec Center shortly after this incident and you would not know that anything was going on . The ir level of profess ionalism ... l cannot tell you how proud I was . I know that Michele knew fair ly shortly after he went to the hosp ital that he had survived ... but you couldn't get one of the staff people to take any cred it , because they really commended a c itizen for coming forward and taking charge . But, I am just so impressed that you guys stayed so calm , used equ ipment that we had ava ilable or at least were ready to and worked w ith the both the hospital and our emergency services . There was no doubt , apparently , in Swed is h's min d th at you guys had saved th is man 's life and I can't tell you how proud I am. Tha n k you . Mayor W olosyn said I second Laurett's comments . There was applause . Council Member Barrentine said that is why I go there ... I'm getting older . Mayor Wolosyn said thank you, thank you all. Not only do we know you have a friendly smile for everybody who walks in that door ... you will also save our lives, so, thanks . Mayor Wolosyn said thank you Chief, and your staff, for coming by and bringing this to our attention . We appreciate it. 7 . Recognition of Unscheduled Public Comment There were no unscheduled visitors . 8 . Communications, Proclamations and Appointments (a) A proclamation in honor of the Englewood Lions Club 80 1 h Ann iversary was considered . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE A PROCLAMATION IN HONOR OF THE ENGLEWOOD LIONS CLUB 80TH ANNIVERSARY . Englewood City Council March 19, 2007 Page4 The proclamation was read in full by Council Member Woodwa rd . Mr . Woodward is a member of the Englewood Lions Club . Mayor Wolosyn asked if there was any discussion . Council Member Woodward said I would just like to say as an Englewood Lion, our motto is "We Serve" and we do that in addition to some of the things that are listed in the Proclamation . We are also very active in the Summer Camp at Woodland Park for challenged adults and youth, there is a large participation by this Club in the 9Health Fair and the Salvation Army bell ringers during the holiday season . The Club has had numerous Citizens of the Year in Englewood and numerous Council members and Mayors . There were comments from the audience that were not audible . Vote results: Motion carried . Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn presented the proclamation to Lions President Dan Percefull and 1st Vice President Bob Boardman . There was applause . Mr . Percefull made some comments , which were not audible , and he presented items to the Council members . 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i) and 9 (b) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 22 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 1, SECTION 4 , SUBSECTION 2(C), OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO LATE FEE FOR MISCELLANEOUS LICENS E RENEWALS NOT FILED IN A T IMELY FASH ION . (b) Approval of Ordinances on Second Read ing (i) ORDINANCE NO . 17 SERIES OF 2007 (COUNCIL BILL NO . 17, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A TRANSPORTATION UTILITY EASEMENT LOCATED ADJACENT TO SOUTH CLARKSON STREET AND EAST DARTMOUTH AVENUE . Vote results : Mot ion carried . Ayes : Council Members Barrent ine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : None (c) Resolutions and Motions Th r w r no dd1tiona l re olutions or motions ubmitt d for pprov I. (S Ag nda Item 11 .) 1 O Pub I c He ring Item Englewood City Council March 19, 2007 Page 5 No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Community Development Manager Stitt presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing the transfer of ownership of Lot 30, Block 6, Skerritt's Addition, 3'd Filing, as described in the deed to the City of Englewood Housing Rehabilitation Fund to combine the property with Lots 28 and 29 known as 3596 South Bannock Street. He said this is a request for an ordinance approving the transfer of property to the Community Development Department Housing Rehab Fund for the purpose of combining that property with another adjacent property and ultimately the sale of that property. The property in question is really an orphan piece of property that was acquired by the City in 1998. It was deeded to the City by Quit Claim from Arapahoe County and has been under the care and nurturing of the Utilities Department for a number of years. The Utilities Department has indicated and the Water and Sewer Board approved a transfer of the property to the Housing Rehab Fund last week . It will be combined with a piece of property that the Housing Rehab Fund owns, that was redeemed through foreclosure and combined to increase the size of the for-sale property. The piece of property in question is a triangular shaped piece . It is very small ... less than 750 square feet and cannot be developed by itself. The Utilities Department does not need this property to gain access to the City Ditch and therefore, we are requesting that it be transferred to the Housing Rehab Fund, so that we might dispose of the property along with the adjacent property at 3596 South Bannock and get it back on the tax rolls . Mayor Wolosyn asked if there were any questions . There were none . Mayor Wolosyn said thanks for coming . I know this was on the Consent Agenda originally but, to me, that area and housing sales are important enough for all of us to hear about it here. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 16. COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF LOT 30, BLOCK 6, SKERRITTS ADDITION 3RD FILING, AS DESCRIBED IN THE DEED TO THE CITY OF ENGLEWOOD-HOUSING REHABILITATION FUND TO COMBINE THE PROPERTY WITH LOTS 28 AND 29 (3596 SOUTH BANNOCK STREET.) Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None (ii) Director Fonda presented a recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving two permanent encroachment agreements, a City Ditch crossing agreement, and a City Ditch right-of-way use agreement for 3596 South Bannock Street. He said that is the other piece of property that Harold was referring to and we found this when the foreclosure happened ... that these agreements were not n place . We have written them and they will go in place and be given to the Housing Rehab prior to the sal . The Ut iliti Department i recommending that the e b approved . M yor Wolo yn k d 1f th r w re ny qu lions . Th r w r non . Englewood City Council March 19, 2007 Page 6 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 20. COUNCIL BILL NO . 20 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A FENCE ; A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A RESIDENTIAL SANITARY SEWER LINE; AND AN "ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT" TO THE CITY OF ENGLEWOOD-REHABILITATION FUND FOR THE LOCATION OF 3596 SOUTH BANNOCK STREET , ENGLEWOOD, COLORADO . Vote results: Motion carried . Ayes : Council Members Barrent ine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None (iii) Director Fonda presented a recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving the City Ditch License Agreement and Temporary Construction Easement for curb , gutter and asphalUconcrete driveway over the City Ditch at the Swedish Medical Center. He said we are recommending that the ditches and pipe in that location ... it is right in their front entryway ... and this is just a little bit of work they wanted to do that shouldn't interfere with us at all. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 19. COUNCIL BILL NO . 19, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING A "LICENSE-CITY DITCH CROSSING AGREEMEN T" AND A "TEMPORARY CONSTRUCTION EASEMENT" TO HCA -Health One LLC , dba SWEDISH MEDICAL CENTER FOR THE INSTALLATION OF CURB, GUTTER AND AN ASPHALT /CONCRETE DRIVEWAY AT 501 EAS T HAMPDEN AVENUE . Vote results : Motion carried . A yes: Cou ncil Me mbers Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oak ley Nays : None Mayor Wolosyn said thank you Stu . (iv) Director Fonda presented a recommendation from the Utilities Department to adopt a bill for an ordinance approving the vacation of an existing sanitary sewer easement in the vacated alley through the property commonly known as 3500 South Sherman Street and previously occupied by the Englewood Masonic Lodge . He said I believe the Lodge was using the old sewer as their private sewer , at the time , and this just never has been cleaned up . With the vacation of the alley , this is not a sewer that we need . When they put the new buildings on, they will run sewer service lines over to the existing sewers . Mayor Wolosyn said the reason I put this one on here is that it is the beg inning of the redevelopment of the Mason ic Lodge and I think it is good for us all to know about it and I apprec iate your presenting it. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) -COUNCIL BILL NO . 21 . COU NCIL BILL N O . 21 , INTRODUCED BY COU N CIL MEMB ER WOODWARD Englewood City Council March 19, 2007 Page 7 A BILL FOR AN ORDINANCE VACATING A UTILITY EASEMENT WHICH WAS RETAINED IN THE VACATED ALLEY THROUGH THE PROPERTY LOCATED AT 3500 SOUTH SHERMAN STREET OCCUPIED BY THE ENGLEWOOD MASONIC LODGE NO . 166 AND RESERVED TO THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried . Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (v) Golf Operations Manager Spada presented a recommendation from the Parks and Recreation Department to adopt a bill for an ordinance authorizing an Intergovernmental Agreement for maintenance of the Bike and Pedestrian Trail across the City of Englewood Golf Course, a Grant of Revocable Easement and a Temporary Construction Easement with South Suburban Park and Recreation District. He said you have before you three attachments . The first attachment is the maintenance agreement and, basically, this formalizes an existing agreement that we have had with South Suburban ... an arrangement with them ... and this just formalizes that arrangement to maintain the Mary Carter Bike Trail. Attachment two is the Revocable Easement that allows for the maintenance of this trail and then attachment three is a construction easement that will allow South Suburban to construct a secondary trail alongside the existing trail to allow for mixed-uses . Mayor Wolosyn asked if there were any questions. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 23. COUNCIL BILL NO. 23, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN "INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF THE BIKE AND PEDESTRIAN TRAIL ACROSS THE CITY OF ENGLEWOOD GOLF COURSE", A "GRANT OF REVOCABLE EASEMENT" AND A 'TEMPORARY CONSTRUCTION EASEMENT" BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE BIKE AND PEDESTRIAN TRAIL ACROSS THE ENGLEWOOD GOLF COURSE . Mayor Wolosyn asked if there was any discussion . There was none. Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Bob . (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department to adopt a resolution approving a upplemental appropriation to the 2006 and 2007 Budgets for the General Fund , the Conservation Trust Fund , th Open Space Fund and the Englewood Urban R n wal Authority. H aid th i is a uppl m nt I ppropri ton to the 2006 and 2007 Budget . The 2006 uppl m nt I i a r qu t for funding for th Engl wood Urb n Ren w I Authority. Th Authonty h no fund Englewood City Council March 19, 2007 Page 8 of it's own and does have administrative ... and, in particular , aud iting expenses ... that occur every year . We are requesting $50 ,000.00 be moved from the General Fund to the EURA to pay for ongoing expenditures . A supplemental for the Conservation Trust Fund is from the Fund Balance and vacating the amount for furniture the total is $185,000 .00 to be used for possible emergencies and overruns . Those funds will not be expended unless those items were to occur. In the Open Space Fund there was one project that was overlooked and needs to be appropriated for 2007 and that is the tennis and basketball court renovat ions . And in the General Fund, the position for the program administrator, which is partially pa id for out of the City Managers Fund, for $36,741 .00 ... it was approved, but not included in the original budget for 2007. Mayor Wolosyn asked if there was any discussion or questions . There was none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 40, SERIES OF 2007. RESOLUTION NO . 40, SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 AND 2007 BUDGET FOR THE GENERAL FUND , THE CONSERVATION TRUST FUND, THE OPEN SPACE FUND , AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY . Vote results: Motion ca rried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None (ii) Director Fonda presented a recommendation from the Water and Sewer Board for Council to approve , by motion , the bid for the Mclellan Reservoir Fencing. The Board recommends awarding the contract to the lowest technically acceptable bidder , Town & Country Fence , in the amount of $27 ,963 .00 . He said this ends our six year effort at fencing the reservoir. While th is is the lowest acceptable bidder , the lowest bidder did not meet the bidding requirements for several reasons . They did not provide a bid bond , did not provide enough copies and did not provide the required illegal alien documentation , so we are recommend ing acceptance of Town and Country Fence at $27 ,963 .00 . Mayor W ol osyn asked if there were any questions . There were none . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (ii) -A CONTRACT WITH TOWN & COUNTRY FENCE , FOR THE MCLELLAN RESERVOIR FENCING , IN THE AM OU NT O F $2 7,96 3.00 . Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley None (iii) Director Fonda presented a recommendation from the Water and Sewer Board for Council to approve, by motion, the bid for equipment and installation of large water meters . The Board recommends awarding the bid to National Metering Services , Inc . in the approximate amount of $5 ,000 .00 for meter valving and $23 ,850 .00 for meters . He said this ends the three year effort for getting new meters, and they should read accurately, and this is off of the 2005 bid that the company put in and they have maintained their price . Mayor Wolosyn asked if there were any questions . There were none . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iii)· AWARDING THE BID TO NATIONAL METERING SERVICES , INC . FOR EQUIPMENT AND Englewood City Council March 19, 2007 Page 9 INSTALLATION OF LARGE WATER METERS, IN THE APPROXIMATE AMOUNT OF $5,000.00 FOR METER VALVING AND $23,850.00 FOR METERS. Motion carried . Ayes : Council Members Barrentine, Mccasl in, Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None Mayor Wolosyn said thank you and thank you Stu . Usually these are on the Consent Agenda, but I think that it's good for us to catch up and know where we're at every once in a while, so I appreciate you 're being here . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I'd like to thank Council for approving my travel to National League of Cities . I actually think it was one of the most productive ones that I've attended, and I intend to write up some of my thoughts in the next few weeks and present them . I'm sure everybody will second this, who went, but it was a great thing bringing the youth and I think it made Englewood look good at the federal level , because there were a couple of other municipalities that brought students and they got to really have a prietty good discourse with Diana DeGette and she is going to speak at their high school. That was a great interaction with them. I'm glad we added that component to the trip . And as I said, I'll write something up . (ii) Mayor Wolosyn said we decided on the charge of the committee, to deal with the vicious dog ordinance and we came up with a composition for that committee, but we do need to give staff some ideas on how to get this out , unless we want to ask staff to get the word out. Gary you talked about the Citizen deadlines . Maybe it does have to do with the kind of timeline we want. City Manager Sears said I don 't know exactly where we are in the process on the Citizen . Mike , do you know how close we are? Deputy City Manager Flaherty replied the last edition of the Citizen went out the first of March . The next one will not be out until the first of May . Mayor Wolosyn said okay , thank you . That's all I need to know . She said I guess one thing we can do is the website . I know it will be in the Herald . And there was discussion about the people who came to speak. We have their addresses . But I'm really at a loss, so I'm going to open it for some suggestions and have a little discussion . Does anybody have any suggestions? Council Member Barrentine said I agree with what Wayne said, and maybe aside from the other things that you are suggesting, we need to notify the people that came to that meeting that night. Let them know that the task force is being put together ... and here are the slots that we are filling and ask if they would like to participate . This is in addition to what you said . Mayor Wolosyn said it would entail some sort of mailing . City Manager Sears said we could do that. Council Member Woodward said we could put it on our Public Notice boards and the website . Counr.il Member Barrentine said I do agree that May is a better time . People would get the Citizen and then have the opportunity to respond in June. Mayor Wolo yn said I agree . I just wanted to know ... and maybe a little notice could be sent out to all the Board nd Cammi 10n memb rs , becau e they are memb rs who are actively involved in our community . Maybe om of th m might want to pply. M . B rrentin id th t i a good id a. Englewood City Council March 19, 2007 Page 10 Council Member Woodward said we ought to get a date when we want to have everything in . Council Member Barrentine said so they would be able to be notified through their meeting process this month? How would you want to notify the Boards and Commissions ... through the mail? Mayor Wolosyn said maybe they would just put it on their Agendas or something . I don 't think we need to add it to a mailing . Council Member Tomasso said it would be the second week of April by the time most of the Boards met. Mayor Wolosyn said maybe that is not a great idea . City Manager Sears said we've got the listing, we could go ahead and send out a notice to them. I think, though, that the more important thing is how Council will then do the selection . Mayor Wolosyn said I was talking to Sue Bradshaw. At the next meeting we will have an application and we can discuss that. City Manager Sears said we can have staff prepare a proposed plan of action and then bring that back to you on Monday . Mayor Wolosyn said that sounds good and we will address it on Monday night. Okay , that sounds great. Thank you ... thanks for helping . (iii) Mayor Wolosyn said I would like to thank Ch ief Pattarozzi one more time for bringing the accident at the Rec Center to our attention . I appreciate that. (b) Council Members ' Choice (i) Council Member Barrentine said I don't want to take away their thunder, but I wanted to thank Jerrell. Like I said when that incident happened at the Rec Center, I was very impressed with the staff. They are a direct reflection of the leadership that the Parks and Recreation Department and Jerrell Black are responsible for . Their training, their profess ionalism , their attitude toward the clientele over there ... how calm they stayed and it was just impressive to see people go into action like that. They may only have an opportun it y to do something like that once in a lifetime, but those people were prepared and the way they handled themselves is a direct reflection of you r expectation of your staff over there and the operat ion of the department that you run . I wanted to let you know that you are the mirror that they are going off of and that I am very proud of the work you do over there too . Thank you very much for the job that you do and the people that you put into this community . Thanks . (ii) Council Member Mccaslin said I would also like to thank Council. This is my first trip back to Washington, D .C. If you don't come back with a sense of pride in serving your Country and being involved in Englewood ... ! mean it is just unbelievable . And like you Olga, I have a lot of thoughts and just a lot of memories ... to think about what a difference we can make here at the local level and to make the right cho ices . I want to thank everyone for allowing me to go . I appreciate it. And I even started teaching it to my emotionally disturbed kids and it is the first time they have been focused in about three years , so I appreciate that (iii) Council Member Oakley said I too would like to thank Council for allowing me to attend the National League of Cities Conference . I have attended many conferences, and the like, down through the years represen t ing the City of Englewood, but th is was by far the most im press ive one I have ever attended . And I would like to second your thoughts on the youth . I would like to thank Jim, personally, for suggesting that to us . I know for a fact that it got the City of Englewood some mileage at this convention, because these members were with us . And the time the Senators and Representative DeGette spent with us was truly impressive, because wh ile their taff was meeting people out in the hall and not even letting them in their office, w w r !ford d this pl ure of more llm than I thought we would get. I thought it was pretty nic . l Englewood City Council March 19, 2007 Page 11 (iv) Council Member Tomasso said I also would like to thank Council for sending me to the conference . The other impressive thing there was meeting the other youth councils from around the country . One woman was from Oswego Lake , Oregon and she had been a youth council member, then moved away and gone to college and she's gone back to Lake Oswego and two years upon returning she was elected to the City Council. So, it is a good training ground for our future. Also . I was in another seminar there and one of the youth members from Florida got up and spoke . She spoke very clearly , very precisely and it was very impressive to watch an audience of Mayors, City Managers and other Council members sit and listen to this student talk and give her opinions and viewpoints, which were right on point. It was a very interesting presentation . But I think overall, Englewood looked well represented and they also had the youth component and you are seeing other cities that are more progressive, having that youth component. .. bringing the youth up to a commission level, where they are advising us of things that we may have overlooked or forgotten . They bring these things to our attention , which makes our community much more vital. Thank you for sending me . (v) Council Member Woodward said I am going to do the same thing and say thank you to Council for the opportunity to go to Washington, D .C . and NLC. I also want to comment on the youth participation . I was really proud of our two young women who participated. They were very outgoing and asked some very straight forward, pointed questions, to our representatives . They were very good questions . It was very impressive to see them interact with Senators and Representatives and participate in this large conference . I know they got a lot out of it and I do believe it is a once in a lifetime experience for somebody to do that. I hope we can do it again next year . ***** Mayor Wolosyn said before I turn it over to the City Manager's Report , I would like to mention the announcement that Bob Simpson is leaving the City . We will have plenty of time to congratulate him, as he is not done working yet. He has another month, but I am sorry to hear that he is moving on . I just wanted to say that his work is appreciated . 13 . City Manager's Report (a) City Manager Sears said thank you Olga . I will pass that on to Bob . Council and staff feel the same way. We will be putting him to work for the next month . (b) C ity Manager Sears said there was one other topic that we didn 't get a chance to talk about at the Study Session . Steve Green grac iously stayed with us during the time. It is a b rief report, but he has represented us with FEMA on the snow removal issues, along with Mike Flaherty, Deputy City Man ager. I appreciate Steve being here just to give Council a real brief overview of our final numbers. Steve Green said very briefly, three months ago tonight we were in the middle of the first of two major snow events that impacted the entire region . As a result, the Governor requested and was granted a Federal Declaration of a snow emergency. What a snow emergency does is it allows us to recoup expenses from the Federal government that we have paid out for snow removal during that particular event. The event of December 18th through the 22 00 was declared FEMA 3270 EMCO ... that particular snow event for which we were eligible for reimbursement. We filed for reimbursement in mid-January and formed a committee of members from the City including Mike Flaherty , Dave Henderson, Steve Dazzio , Frank Gryglewicz , Jeff Sanchez , Mike Pattarozzi, Jerrell Black, Mark Kottwitz , Dave Lee, Pat White , Dell Montgomery and Rick Kahm . These gentlemen met with FEMA, organized the information that was required for the fil in g and , as of March 15th of this year , we were notified of an obligation by FEMA to the amount of $33 ,903 .82 . That obligation means that they w ill be sending a check to us through Arapahoe County and when it gets to the County it will be sent to us for reimbursemen t for our snow removal expenses . As a side note to that , the people that I just mentioned were commended by Marjorie Cox , who is the project officer who worked with us from FEMA. She said that they were very, very easy to work w ith , it was a pleasure work ing w ith the City of Englewood and accomplishing the ta k that we were able to get th rough . I m very happy with the re ults of the whole thing . Th amount that we c me up with was a 48 hour p r iod th t t rt d th beginning of D c mber 301 h nd nd d at midnight on th 31 ' Th t w d c1d d on th mo t xp n 1v 48 hour p nod w1th1n 10 d y o th t fir t now v nt. FEMA Englewood City Council March 19, 2007 Page 12 reimburses us 75% of the amount of our expenditures of that time per iod and that is how they came up with the number they did . Mayor Wolosyn said thank you for staying and thank you for all the work . City Manager Sears sa id I would like to thank Steve and the Fire Division and Director Chris Olson for putting Steve in charge of this relationship . You can see the team work between the different departments and we are lucky to have such good people working here. Council Member Barrentine said it obviously takes the work to identify that per iod of time and maxim ize that recuperation ... recouping those funds ... so it is a lot of work . Thank you . 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15. Adjournment The meeting adjourned at 8:19 p.m . D PROCLAMATION WHEREAS , in 1872 J . Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the United States and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes , fuel for our fires and countless other wood products; and WHEREAS , trees in the City of Englewood increase property values , enhance the economic vitality of business areas , and beautify our community; and WHEREAS , trees , wherever they are planted, are a source of joy and spiritual renewal ; and WHEREAS, the City of Englewood, Colorado has been recognized for 22 consecutive years as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree- planting ways ; and WHEREAS, the State of Colorado will celebrate Arbor Day on April 20th, 2007 ; NOW THEREFORE, I, Ol ga Wolosyn, Mayor of the City of Englewood, C olorado, hereby recognize ARBOR DAY in the City of Englewood, Colorado, and I urge all Englewood citizens to support efforts to care for our trees and woodlands and to support our City's efforts to protect our trees and woodlands . Further, I urge all Englewood citizens to plant trees to gladden the hearts and promote the well being of present and future generations . GIVEN under my hand and seal this 2nd day of April, 2007 . Olga Wolosyn, Mayor 8a PROCLAMATION WHEREAS, as a nation devo ted to liberty and justi ce for all , America must in crea se its efforts to protect, re store and expand crime victims' rights and seivices so that they appl y to every victim, every time ; and WHEREAS , 23 million Americans are vic tim s of crime each year and of those , 5.2 million are victims of violent crime; and WHEREAS , all victims of crime de seive respect, resources, restoration and justice; and WHEREAS , all fifty states, the District of Columbia and the federal government grant crime victims certain legal rights ; and WHEREAS , National Crime Victims' Rights Week-April 22 -28, 2007 -offers us all the opportunity to recommit ourselves to ensuring that every victim is afforded his or her legal rights and treated as a crucial participant in our criminal justice system ; and WHEREAS , as we carry crime victims' rights into 2007 and beyond, we must strive to create a nation where the legal rights of victims are honored and individuals are accountable for their treatment of v ictims ; and WHEREA S , despite significant progress in provi ding rights and seivices to crime victims over the past two decad s, 1 2e segments of our populati on , including crime vic tims with disabilities, victims with menta, illne sF. ,c:tims who are immigrants, vic tims who are teenagers, victims who are elderly and victims in rural areas , are still underserved ; and WHEREAS , the City of Englewood , Colorado, is joining forces with victim seivice programs, criminal justice officials and concerned citizens throughout Colorado and America to raise awareness of victims' rights and observe National Crime Victims' Rights Week ; NOW TH EREFORE , I, Olga Wolosyn, Mayo r of the City of Englewood, Colorado, hereby proclaim the week of April 22 to April 28, 2007, as CRIME VICTIMS' RIGHTS WEEK in the City of Englewood, Colorado , and reaffirm a commitment to respect and enforce victims' rights and address their need during 2007 Crime Victims' Rights Week and throughout the year. I also express our appreciation for those victims and crime survivors who have turned personal tragedy into a motivating force to improve our response to victims of crime and build a more just community . GIVEN under my hand and cal this 2nd day of April , 2007 . Olga Wolo yn , Mayor 8b ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING THE TRANSFER OF LOT 30, BLOCK 6, SKERRITTS ADDITION 3RD FILING, AS DESCRIBED IN THE DEED TO THE CITY OF ENGLEWOOD- HOUSING REHABILITATION FUND TO COMBINE THE PROPERTY WITH LOTS 28 AND 29 (3596 SOUTH BANNOCK STREET). WHEREAS , the City of Englewood acquired ownership of Lot 30, Block 6, Skerritt 's Addition, 3rd Filing, located in the 3500 Block of South Bannock Street in 1998 by a Quit Claim Deed from the Arapahoe County Board of Commissioners; and WHEREAS , Lot 30 is a small triangular piece of land directly south of 3596 South Bannock Street and has been under the control of the Englewood Utilities Department since the City took ownership in 1998; and WHEREAS, Lot 30 has been available to previous owners as a side yard to 3596 South Bannock Street under a City Ditch Use Agreement; however the Agreement restricts the use and development of the property; and WHEREAS , Lot 30 is no longer needed as a possible access to the City Ditch and the Department has no objection to the sale of the property to the City of Englewood-Housing Rehabilitation Fund; and WHEREAS , the City of Englewood-Housing Rehabilitation Fund would like to take ownership of Lot 30 in order to combine it with Lots 28 and 29 (3596 South Bannock Street) which would then become a total land area of 2,893 sq . ft .; and WHEREAS, the City desires to transfer Lot 30 to the City of Englewood-Rehabilitation Fund ; and WHEREAS , the City of Englewood-Ho us ing Rehabilitation Fund will accept the property by paying ten dollars ($10.00) and will assume all risks and responsibilities or all licenses and encroachments and for any enviromnental liability on the property; and WHEREAS , the proposed property transfer would allow the City of Englewood-Housing Rehabilitation Fund to combine the parcels and put Lot 30 back onto the property tax roles and relieve the City of any future maintenance costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 9 bi Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the transfer of Lot 30, Block 6, Skerritts Addition 3rd Filing, as described in the Deed attached hereto as "Exhibit l" to the City of Englewood-Housing Rehabilitation Fund to combine the property with Lots 28 and 29 (3596 South Bannock Street). Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest the "Deed" for the transfer of Lot 30 , Block 6 , Skerritts Addition 3rd Filing to the City of Englewood-Housing Rehabilitation Fund on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007 . Read by title and passed on final reading on the 2nd day of April , 2007 . Published by title as Ordinance No ._, Series of 2007, on the 6th day of April , 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A . E llis , City Clerk I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2007 . Loucri shia A. Ellis l -- Exhibit 1 QUIT CLAIM DEED TIDS DEED, made this __ day of , 200_ between THE CITY OF ENGLEWOOD, COLORADO, a Home Rule City existing under and by virtue of the laws of the State of Colorado, grantor, whose legal address is 1000 Englewood Parkway, Englewood, Colorado 80110 and THE CITY OF ENGLEWOOD -HOUSING REHABILITATION FUND, grantees; whose legal address is 1000 Englewood Parkway, Englewood, Colorado 80110. WITNESSETH, That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration including assumption of the environmental risk, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Arapahoe, State of Colorado, described in Exhibit A, attached hereto and incorporated herein. TOGETHER, with all and singular hereditaments and appurtenances belonging thereto and any reversion, remainder, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained and conveyed premises. TO HA VE AND TO HOLD the said premises above bargained sold and described, with appurtenances, unto the grantee, its successors and assigns forever. And the grantor for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, absolute and indefeasible estate of inheritance, in Jaw, in fee simple , and has good right , full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except those of record and those granted to Lots 28 and 29. IN WITNESS WHEREOF, The said grantor has caused its name to be hereunto subscribed by Olga Wolosyn, as Mayor of the City of Englewood, Colorado and its seal to be hereunto affixed, attested by its City Clerk, the day and year first above written. CITY OF ENGLEWOOD, COLORADO ATTEST: Olga Wolosyn , Mayor Loucrishia A. Ellis , City Clerk ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A FENCE; A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A RESIDENTIAL SANITARY SEWER LINE; AND AN "ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT" TO THE CITY OF ENGLEWOOD-REHABILITATION FUND FOR THE LOCATION OF 3596 SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council approved Ordinance No . 42, Series of 2003 authorizing a License Agreement to install a gate across the City Ditch at 3594 South Bannock Street, an adjacent property ; and WHEREAS, the Englewood City Council passed Ordinance No. 43, Series of 2004 authorizing the owner to maintain a portion of the City Ditch at 3596 South Bannock Street; and WHEREAS, the proposed "Encroachment Pennit And Indemnity Agreement" grants to the City of Englewood Rehabilitation Fund permission to encroach upon the City's property for the sole purpose of maintaining the existing comer of the house and concrete patio, said encroachments consisting of approximately one hundred and ten square feet and the passage of this proposed ordinance authorizes the "License-City Ditch Crossing Agreement" for such encroachment and are for the existing structures with removal of the structures the "Encroachment Pemlit And Indemnity Agreement" tenninates ; and WHEREAS, the proposed "City Ditch Crossing License Agreement" grants to the City of Englewood Rehabilitation Fund to allow for the installation and maintenance of a chain link fence with the requirement that successive owners apply for a new Right-of-Way Use Agreement with the City of Englewood ; and WHEREAS , the proposed "City Ditch Crossing License Agreement" grants to the City of Englewood Rehabilitation Fund, its successor for assigns a license to construct and maintain a residential sanitary sewer line for 3596 South Bannock Street, which is needed for the existing sewer service line crossing the City Ditch and the removal of the existing sewer service terminates this Agreement; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the " ity Ditch Crossing Agreement" for a fence; a '-Ci ty Ditch Crossing License Agreement·· fo r a re si dential sanitary sewer line ; and an "Encroachment Permit and Indemnity . 6,reement" to the City of Englewood Rehabilitation Fund for the locati on of 3596 South Bannock Street , Englewood, Colorado at the March 13, 2007 , meeting; REF RE , BE IT ORDAINED BY THE CITY COUNCTL OF TH CITY F D, L RADO, AS F LL \VS : -1- 9 b ii ) Section 1. The "City Ditch Crossing Agreement" for the installation and maintenance of a chain link fence, with the requirement that successive o·wners apply for a new Right- of-Way Use Agreement with the City of Englewood, attached hereto as "Attachment 1," is hereby accepted and approved by the Englewood City Council. Section 2. The "City Ditch Crossing License Agreement" to construct and maintain a residential sanitary sewer line for 3596 South Bannock Street, attached hereto as "Attachment 2" is hereby accepted and approved by the Englewood City Council. Section 3. The "Encroachment Permit and Indemnity Agreement" permission to encroach upon the City's property for the sole purpose of maintaining the existing comer of the house and concrete patio, said encroachments consisting of approximately one hundred and ten square feet, for the existing structures and upon removal of the structures the '·Encroachment Permit And Indemnity Agreement" terminates, attached hereto as "Attachment 3" is hereby accepted and approved by the Englewood City Council. Section 4. The Mayor is authorized to execute and the City Clerk to attest and seal the "City Ditch Crossing License Agreement" and the "City Ditch Crossing License Agreement" and the "Encroachment Pemut and Indemnity Agreement" for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007 . Read by title and passed on final reading on the 2 nd day of April , 2 007 . Published by title as Ordinance No . _, Series of 2007 , on the 6th day of April, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A . E ll is, City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordin an ce No ._, Series of 2007 . Loucrishia A. Ellis -2- CITY DITCH CROSSING LICENSE AGREEMENT Attachment 1 THIS LICENSE AGREEMENT, made and entered into as of the day of ------~ 200__, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "Englewood" or "City", and THE CITY OF ENGLEWOOD-REHABILITATION FUND, hereinafter referred to as "Licensee"; WITNESSETH The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns to INST ALL AND MA1NT AIN A FEN CE over the City's Right-of-Way for the City Ditch. The City of Englewood, County of Arapahoe, State of Colorado, described on Exhibit A, attached hereto and made a part hereof, under the following terms and conditions: 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans approved by the City. 2 . Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee 's Fence so that the City may, in its discretion, inspect such operations. 3 . Within thirty (30) days from the date of the commencement of construction of said Fence, Licensee shall complete such construction, place and maintain permanent, visible markers of a type and at such locations as designated by the City 's Director of Utilities, referring to the centerline of the installation, shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the tin1e specified, City may complete the work at the sole ex p en se o f Licensee. 4 . City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations. 5. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 6. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants , recorded or unrecorded, and it shall be Licensee's ole respon ibility to detennine the existence of aid documents or conflicting uses or installations . 7. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch 8. All trenches or holes within City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 9. 10. To extent allowed by law Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said sewer line being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 11. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless City, its officers and employees, shall not terminate in any event. In granting the above authorization, 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 City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. Attest: Loucrishia A. Ellis, City Clerk CITY OF ENGLEWOOD, COLORADO Olga Wolosyn, Mayor LICENSEE: THE CITY OF ENGLEWOOD- REHABILITATION FUND Bob Simp on, Director I ' . I ' I I t I I i I I ( ( THIRD FILI NG I LOTS 28 & 29, BLOCK 6, BEING A PART OF THE NE 1 / 4, CITY OF ENGLEWOOD, SKERRIT"!.S ADD ITION TO ENGLEWOOD, SEC 3. TOWNS HIP 5 SOUTH, RANG E COU NTY OF ARAPAHOE, STATE OF 68 WEST, 6TH COLORADO EXHIBIT A ~s C i.J Is iri N :S ~ LOT 1 u Vl ... < 0:: ... :-'~ tcT 2 g. ----;;i;I ci ~ LO( J .. .::f _____ _ en, N ID j:, !" ~p O g fND T"'C 126958 z ~ 0.H 'W£ST ANO 0 .36' I ~ Z LOf 17 SOUTH OF PL..,TTCD f;l ·-_ P_QgTIOJ:!_ _ 0:: Vl ~ i Lo·r 18 SKERRIIT'S w ~r: --ADDmON TO-:. . olj ~ LOT HI ENCI..ElfOOD, ai nmcD Fll.ING ~ ~ ---BLOCK 6, § 3: ~ LOT 2~ ~ 4.:__:~5 ~ 'io I~ :.. LOT ~1 g g FL .. ,r~ ---- \0 '0 I L(1 ··- 3: z~------t ~, LOT l3 - g g LO( ,-4 -· ·· :~~: .. ~ Lor :t5 - IB _\___ c:: I-,~ 0 ,~ I I; s 69159 '31 ::::) 7.90' 0 (/) I J3 8' LOWl.11 I I -~ FNO TAC #26956 0 .•7'W1::ST ANO 0 .67' SOUTH Of' PLA TTEO POSITION N 83'06'57" W 15 .00' N 7 3'25'54" W 16 .66' I I WEST JEFFERSON AVENUE (60' ROW) N 89 '37'02" E --642.()()' -- 50 ?S Q. CLEANOUT ~ GAS METER SHE:ET 1 OF 1 ---------~ N 1 / 4 COR . SEC . 3 T5S, R68W, 6 TH PM FOUND 3 1/4" ALUM MONUMENT STAMPED COLO DEPT. OF TRANSPORTATION PLS NO 27278, 1994 IN RANGE BOX I I 0 100 ':.C ALE: I" ~ 'jQ' I LEGJ '.N D '•' ··-CONCRETE FENCE, AS NOITD 'il G) SANITARY MANH OLE • SET PLASTIC CAP ON 15 REB~R RMC 25645 <.QJ 5'11.)r<M l)1'<AIN 0 JC I I.:,.\ .:..,3:, i ~G it~ CONC . 5.0' :>ffSET SECTION CORNER. AS NOTE ') RMC 25 645 LOT 27 I.LOT JO/ I / / 1,' wooo Sl '.'">C~AC,(~ -• 2" BUNG \ -USED u,· ,.:.r 271 I ' l -~-- 1· • 20· 51" CCR ., NE 1/-4 , NW 1/-4, SEC. J, T~S. R6!W, 6TH PM F )(:No ) 1 /4" ALUM . t.A ONUMENT SI AM Pm COLO D(PT Of l :;, SPORTAT I PLS 27278, 1194 IN RANCf ROl I LEGAL DESCRIPTION A PARCC:L OF UNO LOCA ,C:O IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECT IO N 3 , T 1·,,1SH IP 5 SOUTH , RANGE 68 WEST, OF THE SIXTH PR INCIPAL MERID IAN , CI TY OF ENGLEWOOD. COUNTY OF ARAPAHOE, STA TE OF COLORADO, MORE PART ICULA PL y DESCR IBED AS FOL LOW S: LO TS 2 8 AND 29 . BLOCK 6 OF SKER RITT 'S ADDITION TO ENGLEWOOD, THIRD FILING AS RECORDED AT BO OK 4 PAGE 45 IN THE ARAPAHOE COUNTY CLERK ANO RECORDER 'S OFF ICE . ' CONTAINING 2.153 SQ UAR E FEE T. 0 .049 ACRES MOR E OR LESS . GENERAL NOTES 1. DA TE OF FIELD WORK : NO [MBER 27 AND DEC[MBCR 6 , 2002 2 . ALL REFERENCES TO BOOKS , PAGES AND RfC[PllON NUMBERS ARE PUBLIC DOCUM[NTS ON FILE IN TH E ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE. 3 . TH IS BOUN DARY AND IMP RO VEMENT SURV[Y WAS PERFOR MED WITHOUT THE BENEFIT OF A TITLE COMMITT MENT . THIS SURVEY DOES NOT CONSTITUTE A TITLE SF.ARCH BY ROCKY MOUNTAIN CONSUL TAN TS, INC . TO DETERMINE OWNERSHIP , RIGHT-OF-WAYS OR EASEMEN TS OF RECORD . 4 . THE HOU SE ENCROACHES ONTO THE CITY OF DENVER DITC H PROPER TY AS SHOWN HEREON . 5 . A GAP BETWEEN THE LOT LI NE OF LO TS 2 7 /2 8 AND A WOOD FENC E IS BE ING UTIL I ZED BY LOT 27 . BASIS OF BEARINGS 1-\LL t:;l,~;{1,~(,:> ~r-:U n N 1,~.;,.:u_·N AR£ t'M::-.'J ,:.; .. 7,. £ z..:..::-~::;: e r .,.-:~ NORTHEAST CN[-0 .;RTER. NO RTr l WEST ONE-QUARTER LI E BEAR IN G SOU TH 00'00'29 " [AST. IN ACCORDANCE WIT '1 CRS 13-!I~ NO ICE : "ACCORD ING TO C LO'lADO LAW YOU MUST CO MM ENCE A Y LEGAL ACTION BASED UPON ANY DE i:CT IN TH IS SURVEY I HI TH REE YEARS AFTER YOU FIRST DISC ER S CH DU'ECT . IN NO E ENT MA Y ANY ACT ION BASED •J PON ANY DffECT I HIS S RVEY BE CO MMEN CED MORE THAN TEN YEARS FROM THE DAT E OF HE CER"IF1 CA TION SHO WN HEREO N." NO TIC E: ANY PERSON \'HOK )WING LY RE MOVES. ALTERS OR DEF AC ES ANY PUBLIC LAND SUR [Y MO UM['fl, OR L AND BOU DARY MONU MENT OR ACCE SSORY, COMM IT S A A~: 2 MISDE •l [ANOR PURSUAN T TO STATE STA TUT E 18-4-508 CR S. SURVEYOR'S CERTIFICATE I, JOHN R. VIE S T, JR , A R[C;<~ TERt:D LAND SURV[YOR IN THE STA TE OF COLORADO . DO HEREBY S-A E THAT DURING THE MONTHS OF NOVEMBER AND DECEMBER . 2002, A S RI..E J THE PROPERTY HEREON REPRESENTED WAS MAO[ UNDER MY !),Rt RES" SIBILITY, SUPERVISION AND CHECKING ; THE BOUNDARY CORNERS '<[ M;. ~KEO AS SHOWN ; AND THAT BOTH SURVEY AND PLAT ARE TRUE AND ACCvRA 'E ~b ( "ST OF M Y KNOWI..EDCE ANO BELIEF . ~'-1::l •••. ,. Cir ~~ ,•, ''. •,'/~ /(. (.' . .· .. •' / !~·.'·" DATE COUNTY SURVEYOR'S CER TJFJCATE DEPOSITED MS DA or --------· :?O __ , AT --M . I BC or THr COUNTY SUR V[ YOR'S LAND SUR cY PLA sur-vEYS AT A'.;[ • RlC( II NUMBER ____ _ 8 U A D t rRO E ET SURVE r . ..,, BA OC S REET SHEET 1 OF 1 CITY DITCH CROSSING LICENSE AGREEMENT Attaclunent 2 THIS LICENSE AGREEMENT, made and entered into as of the __ day of ______ , 200_, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "Englewood" or "City", and THE CITY OF ENGLEWOOD-REHABILITATION FUND, hereinafter referred to as "Licensee"; WITNESSETH The City, without any warranty of its title or interest whatsoever, hereby grants to Licensee, its successor or assigns a license to construct and maintain a Residential Sanitary Sewer Line for 3596 South Bannock Street, Englewood, Colorado, over the City's Right-of-Way for the City Ditch. City of Englewood, County of Arapahoe, State of Colorado, as shown on "Exhibit A", attached hereto and made a part hereof, under the following terms and conditions: 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans approved by the City . 2. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's Residential Sewer Line so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said sewer line, Licensee shall complete such construction, place and maintain permanent, visible markers of a type and at such locations as designated by the City's Director of Utilities , referring to the centerline of the installation, shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable . In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole expense of Licensee. 4 . City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations . 5. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction or repair herein authorized is to be done on a contract basis . 6 . The rights and privileges granted in this License shall be subject to prior agreements , licenses and/or grants, recorded or unrecorded, and it shall be Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations . i . ' i ' 1, i :: H h . I i ·, i I ' b ' 1 ' ' ' 7. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the p9ssible presence of such waters, or of storm waters, or of surface waters in the City Ditch 8 . All trenches or holes within City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 9. 10 . 11. To the extent allowed by law Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said sewer line being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless City, its officers and employees, shall not terminate in any event. In granting the above authorization, 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 City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. Attest: Loucrishia A. Ellis , City Clerk CITY OF ENGLEWOOD, COLORADO Olga Wolosyn, Mayor LICENSEE: THE CITY OF ENGLEWOOD- REHABILITATION FUND Bob Simpson, Director I I • I i I I ' I i. I LEGAL DESCRIPTION -SANITARY SEWER SERVICE LINE LOCATION A SANITARY SEWER SERVICE LINE LOCATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 3, WHENCE THE SOUTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER BEARS SOUTH 00°00'29" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE SOUTH 39°27'04" WEST A DISTANCE OF 918.56 FEET TO THE MOST EASTERLY CORNER COMMON TO LOTS 27 AND 28, BLOCK 6 OF SKERRIIT' S ADDITION TO ENGLEWOOD, THIRD FILING AS RECORDED IN THE ARAPAHOE COUNTY CLERK AND RECORDERS OFFICE IN BOOK 4 AT PAGE 45 AND A POINT ON THE WESTERLY LINE OF THE CITY DITCH; THENCE SOUTH 31 ° 13 '32" WEST, ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 28, A DISTANCE OF 13 .61 FEET TO A POINT ON THE CENTERLINE OF SAID SANITARY SEWER SERVICE LINE AND 1HE TRUE POINT OF . BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE TIIE FOLLOWING FIVE (5) COURSES: 1. NORTH 89°37'58" EAST A DISTANCE OF 12.63 FEET; 2. THENCE NORTH 56°14'53" EAST A DISTANCE OF 19 .38 FEET; 3 . THENCE NORTH 73°48'53" EAST 15 .50 FEET; 4. THENCE NORTH 87°07' 18" EAST A DISTANCE OF 30.78 FEET; 5 . THENCE NORTH 29°12'52" EAST A DISTANCE OF 13 .24 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID CITY DITCH AND THE POINT OF TERMINU S. I , JOHN R . WEST, JR ., A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY 1llAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISON AND CHECKING . / .,. X H I a I T A 1" -30' LOT 25 LOT 26 LOT 27 S 31 '13 '32" 13.61 ' TRUE POINT OF BEGINNING 1- LLJ LLJ ~ U) :::.::: u 0 z z < CD U) LOT 28 LOT 29 EXHIBIT N 1/4, COR, SEC . 3, T5S , R68W, 6TH P.M. FND 3-1/4" ALUM. MON . STAMPED coo~ PLS SKERRITT'S ADDITION TO ENGLEWOOD, THIRD FILING BLOCK 6 BK 4, PG 45 27278 , 1994, IN RANGE BOX POINT OF COMMENCEMENT LOT 4 LOT 5 LOT 6 ENGLEWOOD HEIGHTS BK 1, PG 43 LOT 7 >-w ....J ....J <( LINE TABLE RF' ARIN(; I F'Nr.TH I") u w U') "St ........... ~ 3 z "¢ ........... .- w z w ......... I 0 w I-e::: 1..1.. :) 0 U') <( w w z 2 :J ..__. I-·o l/) N <( ti) w l{) n ... c.n l'.) w z 0::: en <{ N w 0 m p 0 u... 0 0 U') c.n Attachment 3 ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this day of March, 200_, between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, the owner of a certain parcel of real property legally described in "Exhibit A", attached hereto and the CITY OF ENGLEWOOD-REHABILITATION FUND . and commonly known as: 3596 South Bannock Street The City of Englewood, Colorado, pursuant to 11-3-4 EMC, hereby grants to the City of Englewood-Rehabilitation Fund permission to encroach upon the City's property for the sole purpose of maintaining the existing comer of the house and concrete patio, attached as "Exhibit A", with said encroachment consisting of approximately one hundred and ten square feet (11 O'). The aforesaid property owner and their heirs and assigns understand and agree that : 1. They will construct no other permanent structure, nor any plantings which will interfere with the City's full use and enjoyment of its property. 2. This permission is a revocable license and is revocable at will and without cause by the City of Englewood, Colorado without hearing and without notice other than Notice of Revocation . 3. That the Property Owner shall remove any structure including existing structure and patio after receiving Notice of Revocation by personal service or certified mail. 4 . That the Property Owner is estopped to deny the right of the City of Englewood, Colorado, to revoke this Encroachment Permit or to deny the property rights of said City. 5. That the Property Owner(s) agree to reimburse and indemnify the City of Englewood, Colorado to the extent allowed by law, for all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing any structure(s) or any other expense as a result of granting the Encroachment Permit. 6. That the property owners shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilities arising from this action . 7 . That the Property Owner shall pay all reasonable expenses of preparing and recording this Agreement. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators , assigns , and successors of the respective parties . IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF ENGLEWOOD, COLORADO a municipal corporation By: _______________ _ AITEST: Olga W olosyn, Mayor By: ____________ _ Loucrishia A. Ellis, City Clerk STATE OF COUNTY OF ARAPAHOE THE CITY OF ENGLEWOOD- REHABILITATION FUND PROPERTY OWNER By: ______________ _ ) ) ss. ) Bob Simpson, Director Toe foregoing instrument was acknowledged before me this __ day of _______ , 200 _, Robert Simpson as the Director of the City of Englewood- Rehabilitation Fund. Notary Public My Commission expires: ____ _ , ' . I I I ' I ' : ! ' • i i : • ' I I L OTS 28 & 29, BL OC K 6, SK ERRITTS AD DI TI ON TO ENGL EW OOD , TH IRD FI LI NG , B EING A PAR T OF TH E N E 1 /4, SE C 3 . TOWNSHIP 5 SOUTH , RANG E 68 WEST, 6TH CI TY OF EN GLE WOOD, COUNTY OF ARA P AHO E, S TAT E OF CO L ORADO SHE:ET 1 OF 1 P .M . EXHIBIT A I I I 'l 1 ' 0 0 Lt) ,...__,....:.N..:......---------... ~a Dw g ~ LOT 1 u Ill W< er w :--'~ tT 2 gio ----~- g "! LOT J :;f------ "'"' • N i::i. ~p 0 0 fNO TAC #26958 z O 0 .24 'W(ST ANO 0.36' ~ Z~O~r 17 SOUTH Of PLATTED I 8 .. _ P~TIO!!_ _ er vi vl ~ LOT 18 SKEnR!TT'S ~ ~r --ADDfflON TO-~ ~ I LOT UI ENCLElrOOD, 0 ai nmcD FllJNG cr ~---BLOCK 6, i ~ ~ LOT 2~ B~ •:_:<:_!5 "' 8 ;, LOT :£1 a o F-----~ 8 I u ·,r '~1 fl TO ~ow 3: z ~------I I I t ~I LOT Z3 ---- g g LOf :t_. 600 ; :'Lo·r ·,« ----~-ROW ... ;i ..,.., IB 0:: t-,~ 0 I~ I I ; S 89t9'31 :) 7.90' 0 (/) I 3)6' O Wi.iN I I I ... ·' -' "' FND TAC 126958 0 .4J'v.£ST AND O 67 ' SOUTH OF PLA TTEO PDS1 T1Cl N N 8 Y06 '57" W 15 .00' N 7 3'25'54 • W 16 .66' I WEST JEFFERSON AVENUE (60' ROW) N 89'37'02" E -642.0<Y -- 50 ,----· Q, CLEANOUT irn GAS MET ER 0 ---------~ N 1 / 4 COR . SEC . 3 T5S, R68W. 6 TH PM FO UND 3 1/4 " ALUM . MONU MENT S TAM PED COLO . DEPT . OF TRANSPOR TAT ION PL S NO. 2 7278, 1994 IN RANGE BOX I ~o 10 0 I LEG J: _N_D _______ ----1 CONC RETE FE NCE, AS NO TE D ~ SAN IT AR Y M ANHOLE • SET Pl ASTIC CAP ON 15 REBA R RMC 25645 :>C1 l·,l, .:..3S i ,;y ii-.i CO NC. 5.0 ' :>FFSET RMC 2~645 Nn9·59·31 · E 50 .oo· I I I I~ :5 '1Ur<M l)t<AIN 0 I~ SEC TI ON CORN ER, AS NOTE ') LOT 27 ,; wooo Sl:IC ••uE\ 4.2" BLINC \ -- LEGAL DESCR I PTJO!y A PARCEL OF LAND _QCATED IN TH E NORTHEA S T QUARTER OF THE NORTHWE S T QUARTE R OF SECTION 3 , TOWNS HIP 5 SOUTH, RANG [ 68 WEST , OF THE SIXTH PRINCIPAL MERIDIAN, CIT Y OF ENGL EWOO D, CO U NTY OF ARAPAHOE, S TATE OF CO L ORADO, MORE PARTICULARLY DESCR IB ED AS FOLLOW S: LOT S 2 8 AN D 2 9 . B LOCK 6 OF ~KERRITT 'S AD DIT ION TO ENGLEWOO D, TH IRD FILI NG AS RECORDED A T BOOK 4 , PAGE 4 5 IN THE AR AP AHOE COU NT Y CLE RK AN D RECORDER 'S OFFI CE. CONTAINING 2,153 SQUARE FE ET , 0 .04 9 ACRE S MOR E OR LES S. GENERAL NOTES 1. D ATE OF FIELD WORK : NOV[MB[R 27 ANO DEC[MB[R 6, 2002 2. A L L REFERENC[S TO BOOi<S, PAGES AND R(C[PliON NUMBERS AR E P UB LIC DOCUMEN TS ON FILE IN lHE i\RAPAHOE COUNTY CLERK AND RECO RDER 'S O FFI CE. 3. THI S BOUNDARY AN D IMPROVE•A[NT SURVEY WA S PERFORMED WITHOUT TH E B E NEFI T OF A TITL E CO MMITTMEN T. THI S SURVEY DOES NOT CONST ITUTE A TITLE SE ARCH B Y ROCKY MOUNTAIN CONSU L TAN 'f S, INC. TO DET ERMINE OWNE RSH IP. RIGH T-OF-WAYS OR EASE MENT S OF RECORD . 4 . THE HOU SE ENCROAC r lE S ONTO THE CIT Y OF U[NV[R DI TCH P ROPERT Y AS S HOWN HEREON . 5 A C A P BE TWEEN THE LOT LINE OF LOT S 27 /2 8 AND A WOOD FENC E IS BEING UTILIZED BY LO T 2 7 . BA SIS OF BEARINGS "LL tsf:Ar(1,,.C :> :::i r.Uot ,N n ~ .. ~~l.:N A "[ t'~-~~::; C.i , -;;,[ ~A:7 :._;:;: C i ~.~[ NORTH EAST CN E-OUARTER , NORT1W[ST ONE-QUARTE R LIN E BEAR IN G SOUTH 00·00·29" EAST. IN ACCORDANCE WITH CR S 13-80-10;, 3 USE D ~,· 1,.:,1 :1 1 ' NOTICE : • A CCORDING TO COLO RA [,O L AW YOU M U ST COMMENCE ANY L EGAL ACTION BA SED UP ON ANY DEFEC T IN THIS SURVE Y WI THI N THREE YEAR S AFTER YOU FIRS T DISCOVER SUCH DEFECT . IN NO EVE NT MAY ANY A CT IO N BASED I UPON ANY DEFECT IN TH IS SURV£ Y 8[ COMMENCED MORE TH A N TE N YEARS FROM THE DATE OF THE CERT IF IC;TJON SHOWN HEREON." 0 i Ii ! -~-- ,· • 20' S"" COR ., NE 1 /4, NW 1/4, ·c. J, T~S . R6ew, 6TH PM r lt:ND J 1 /4" ALUM . MON UMENT Sli.MP~D CO.O. DEPT. Of' 1 !:,NSPORTATION PLS 27278, r---------1 _,9_,_1_N_R_A_N_G_E_El_O_'( _______ ""' • I -6 '-v, D -c.,ler !!1~ w.._ ~ Zo lf'I ~!:01~ ~ ;21: ~m l• ~ 1~ =, g ~ f~ NO TIC E: ANY PERSON WHO KNOWINGLY REMOVES. ALTER S OR DEF ACES ANY PUBLIC LAND SURVEY MONU MENT , OR L AND BOUNDARY MONU MEN T OR ACCE SSORY. COMM I TS A CL ASS 2 MISDE ~!EAN OR PURSUANT TO S TATE STATUTE 18-4 -508 C.R.S. SURVEYO R'S CERTIFICAT E CZ.. OA TE COUNTY SUR VEYO R'S CERTiflCATE DEP0Sl CD HI S DAY 0• • 20 __ , AT -M . I BO , ----or lit cou '( SUR YO ·s LA D SR Y PL 1 SU JE S Al PACE , LCtPT1:'4 l f.'9(R ____ _ ORDINANCE NO. SERIES OF 2007 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 MEDICAL CENTER FOR THE INSTALLATION OF CURB , GUTTER AND AN ASPHALT CONCRETE DRIVEWAY AT 501 EAST HAMPDEN AVENUE. WHEREAS, the Englewood, Colorado City Council approved the Swedish Medical Center Planned Development in 1989 with additional amendments approved in 1989 , 1990 , 1992 and 1993;and WHEREAS, the Englewood City Council passed Ordinance No. 10 , Series of 2001 which approved a City Ditch Encroachment Permit and a Grant of City Ditch Crossing License Agreement for an Overhang over City Ditch for the main entrance to the hospital located at 501 East Hampden A venue; and WHEREAS , the City received a request from Swedish to install curb , gutter and an asphalt concrete dri veway In the existing drive around located on the south side of the hospital facing Hampden; and WHEREAS , HCA w ill be enlarging the footprint of the exist ing overhang addition by extending it southw ard , while maintaining the required distance from the City Ditch; and WHEREAS , the existing encroachment permit is for the supporting column necessary for construction that requires 16 feet within the City Ditch Right-of-Way; and WHEREAS , the proposed curb, gutter and asphalt/concret e driveway will extend into the C ity Ditch easement and the passage of this proposed ordinance authorizes the "License-City Ditch Crossing Agreement " for such encroachment ; and WHERE A S, th e En glewood Wat er and Sewer Board recommended approval of the "License City D itch 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: Section 1. The "License-City Ditch Crossing Agreement," attached hereto as "Attachment l ," is hereby approved by the Englewood City Council. Section 2 . The "Temporary Construction Easement", attached hereto as "Attachment 2" is hereby approved by the Englewood City Council. 9biii Introduced, read in full, and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007. Read by title and passed on final reading on the 2nd day of April, 2007 . Published by title as Ordinance No._, Series of 2007 , on the 6th day of April, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007. Loucrishia A. Ellis ' I i. l i ' I ' ' ' ! J' i I I :. 1 : I : ' I LT r,ENAE · QI'.IT DITCH CRORflTl':!G A (JREEME.lIT THIS LICENSE AGREEMENT, made and entered into as of this day of ------,-• 2007. by and between the CITY OF ENGLEWOOD, a municipal. corporation of the State of Colorado , herein referred to as ''City", and HCA Healthone LLC dba Swedish Medical Center herein refei·red to aa ''Licensee". · WITNESSETH: The City without any warranty of it's title 01· interest whatsoever, he r eby authorizes Licensee, its eucceaaor, assigns, to install a Curb and Gutter and Asphalt/Concrete Drive over the City's rights-of-way for the City Ditch, described as a parcel of land situated in the_ SE one quarter, of the SE one quarter of Section 34 , Township 4 South Ran.ge 68 West of the ---------'"-'4.__ __________ .M., County of Arapahoe, State of Colorado described as follows: See attached Exhibit A. The above -described parcel contains 48 7 3 Sq· Ft· or O • 11 2 Acrt; mom or Jeas, 1. Any construction contemplated or performed unde1• this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construct.ion shall be performed and completed accordir4: to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at ieast three (3) days prior to the time of commencement of the consb:uction of, or any repair$ m.ade to, Licensee's ----- Curb and Gutter and Drive -----------------------so that the City may, in its di9Cretion, inspect such operations. 3. Within thirty (SO) days from the date of the commencement of construction of said __ _ Curb and Gutter and Drive the Licensee ahsll complete such construction, place and maintain permanent, visible markers, of a type and at such locationsas designated by the City's Director of Utilities, refarrin~ to the centerline of the i.ru:tallation and shall clear the crossing area of all construction debris and restore the area to its previous condition aa near as may be reasonable. In the event the planin1 of the centerline markers and the cleorinr and restoration of the croeeinr area ia not comploted within the time specified, the City may complete the work at the sole expensi, of the Licenaee. 4.. The City shall hi:we the ri1ht to maintain, install, repari, 1·emove or relocat the Ci y Ditch or ny other of its faciliti • or installfltiona within th City 'a rights-of·w y , t ny tim nd in uch mann r a the City deems n ary or conv ni nt. Thes City r s rv I th A t t a C h m e n t 1 exclusive rig·ht to control all easements and installations . fo the event the Curb and Gutter ;md Dri ye shot1l.d interfere with any futuro 1.uie of the City's rights-of-way by the City, the Licensi:!e shall, upon request and at its sole oxpenae , relocate, reari:anga, or remove its installations ao as not to interfere with any such use. 5 . Any repair or 1·eplacement of. any City installation :mad.e nec.:essary, Jn the ~inion of the City's Director of Utilities because of the construction of the Curb an Gutt r and Ori ve or other appurtenant installation thereof, shall be made at the sole expense of the Lice1':lsee. 6. 'l'he stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's pel'sonn.el. and the construction shall be completed without interference with any lawful, usual or ordinary flow 0£ water through the Cits, Ditch. Licensee shall ass'l.llne all risks incident to the possible presence of such waters, or of storm waters, o:r of surface waters in the City Ditch. 9 . All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to excee six (6) inches loose measure to a compaction of ninoty percent (90%) Standard Proctor Maxim uni Density. 10. Licensee, by acceptance of this License, expr4eaaly assumes full and strict liability for any and all damages of every natui•e to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provid.ed by thia Licen1:;e_ The Licensee assumes all responsibility for maintenance of the installation. 11 . Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims , da magtes, acct.ions oi· causes of action a n d expenses t o which it or they ma y be s u bject e d by r ea s on of said cum and Gutter and Drive being within a n d across and under the premises of the City or by reason of any work done or omiss ion mad e by Licensee, its agents or employees, in connection with the construction , replacem.ent, m aint enance or r ep air of said installation. 12. It is expre ssly agreed ths.t in case of L icensee's breach ofany of the within promises, the City may, at i ts option, have specific per formance thereof, or sue for damages resulting from. such br each. 13. Upon abandonment of any right or privilege herein ~anted, the right of Licenaee to that extent shall terminate, but its obligation to indemniiIT and aave harmless the City, its officers and employees, shall not terminate in any event. In gunti.ng the above authorization, the City reaervea the right to make full u,e of tha property involved s may be neceasary or conv ni nt in the t,per tion of th w ter orke plant and $ystem under the control of tho City . In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the opera.ti on of the water work s plant and system under control of the City. IN WITNESS WB'.EREOF this instrument 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 . . Center The undersigned officer of HCA Healthone LLC, dba Swedish Medical has read the foregoing License and agrees for an on behalf of said HCA Healthone LLC, dba Swedish Medical Center that it will accept and will abide by all the terms and conditions thereof. LICENSEE: Title: Y?r es' I d e Y)., :± I <!.c c) 1 Address: Sr.,2ecl1"6 ~ 'fVlf?Cllro ) Cel(J, ;(."), 56l f. Ha w,toclen /Ave ~ V" 5 I f wa e o { C-V &-o L\3 Phone: 3c? 3 -7 gi's--(R 3 Notary: ~'171,~ My commission expires: 5-7-() ~ l .:t..!./.:"'-.r ~ 'i.l.A,',£.l ,r..:..,:.,,.•.,',,..:. l.r...-,,J,,rl~ 1.EF. !Ii. C)ARR ; 1-.IOTf,IW Plll?;LIU . / 1 ~ Of: 00!.CJRh E'O '. ' 0 T .,~..,,,~ EXHIBIT Exhibit A Page 1 of 3 ·'-'·~ -~ JR ENGINEERING PROPERTY DESCRIPTION -TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHEAST 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 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH 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 EASTERLY BOUNDARY OF A RIGHT-OF-WAY AGREEMENT RECORDED IN BOOK 1328 AT PAGE 461 IN THE CLERK AND RECORDERS OFFICE OF ARAPAHOE COUNTY, SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE s53•51•2s·w, A DISTANCE OF 20.00 FEET TO THE WESTERLY BOUNDARY OF SAID RIGHT- OF-WA Y AGREEMENT ; THENCE ALONG THE WESTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 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 AGREEMENT ; THENCE ALONG THE EASTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1. S75°51'04"E, A DISTANCE OF 223 .54 FEET; 2 . S26°08 '35"E , A DISTANCE 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 DESCRIPTION STATEMENT I, RICHARD L. HARVANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHE EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF Y KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT . ~ Z [ c1",,,,,,,/;; t ~ ....... s,,.~ ::: ~ •• ·~~LHA R~-.~ ~r::::::.:~" 'f. ·.("~ a-u,u ~.o;; RICHARD L. HARVANEK, PROFESSIONAL LAND SURVEYO R \~t~3 r~//.~~ /) ~_! ~, COLORADO No . 30099 \~~ /P. II f.:·' :'§ FOR AND ON BEHALF OF JR ENGINEERING , LLC '\7' iYAL. ·· ·~~ S~~ 6020 GREE NWOOD PLAZA BOULEVARD ''1111111,,11111 ~1~1111111111''' ENGLEWOOD , COLORADO 80111 • 1 • 7 llC EXHIBIT A SE 1/4 SEC. 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, 6TH P.M. COUNTY OF ARAPAHOE, STA"Tc: OF COLORADO TEMPORARY EASEM ENT CONTAINS 4,873 SQUARE FEET OR 0 .112 ACRES MORE OR LESS LINE TABLE LINE BEARING LENGTH L1 S63'51 '25"W 20 .00 L2 N26'08'J5"W 20 .25 LJ N14'08'56"E 20 .00 L4 S26'08'J5"E 29 .51 NOTE: THIS EXHlt..lT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS I TENDED ONLY 0 DEPICT THE AnACHED DECRIPTlON . 50 25 0 50 SCALE: 1" = 50' lEMPORARY CONSTRUCTION EASE MENT SWEDISH MEDI CAL CENlER JOB NO. 1531 4.00 FEBRURARY 14, 2007 SHEET 2 OF 2 Page 2 o : 3 iJ 0 Exhibit A Page 3 of 3 ---------------------------------------------------------------------------u CJ Parcel name: TCE liJ IJ North: 5140.16910 East ; 4307.94425 0 Line Course: N 26-08-35 w Length: 20.25 ,.., L : North: 5158.34745 East ; 4299.02182 Line Course: N 75-51-04 w Length: 214.28 ,.., c.: North: 5210. 72659 East 4091.24226 Line Course: N 14-08-56 E Length: 20.00 D North: 5230.11987 East 4096.13111 Line Course: s 75-51-04 E Length: 223.54 D North: 5175.47719 East 4312.88975 Line Course: s 26-08-35 E Length: 29.51 0 North: 5148.98616 East 4325.89227 Line Course: s 63-51-25 W Length: 20 .00 D North: 5140.17388 East 4307.93833 0 Perimeter: 527.58 Area: 4,876 SF O. 112 ACO D Mapcheck Closure -(Uses Error Closure: 0.00761 listed courses, radii, and deltas)O Course: N 50-59-49 WO 0 [1 0 0 D D Error North: 0.004789 Precision 1: 69,327.20 D 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 (Grantor) and HCA Healthone LLC, dba Swedish Medical center __________________ (Grantee). WHEREAS. The City of Englewood owns a right-of-way for the City Ditch, a canier ditch (City Ditch ROW) which is located as described .on Exhibit A. WHEREAS, HCA Healthone I.LC desires to install aCurb and Gutter ~ank,a· ~d....1.As=ph~a~lt::.L/-'=C:::.eo,..,ncr=e,.,.t ... e.....,.Qr ... J.._· v .... e _________ within the City Ditch ROW pursuant to a license between the parties. NOW, THEREFORE, In consideration of the mutual covenants of the parties, more particularly hereinafter set forth. the adequacy and sufficiency of wh.icb are hereby acknowledged, it is agreed as follows: 1. Temporary Construction Easement. Englewood (as Grnntor) hereby grants to HCA Healthone LLC (as 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 Project). 2. Term of Easement. The Project will begin no sooner than Co/0-1 and will be completed no later than \/cf\ . Completion of the Project will be deemed to have occurred upon insp ection and approval of the Project by Grantor an d this Temporary Easeme nt will be de emed to hav e term ina t e d upo n such compl etion. 3. Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the following resoictions : I) normal working hours shall be consistent with COOT construction hours, Monday through Friday and 2) the operation of equipment and heavy trucks will be perm itted on the Englewood City Ditch ROW only during nonnal working hours. A t t a C h m e n t 2 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is :necessary or prudent to restore the sw:face area of the City Ditch ROW to its original condition. 5. Indemnification. 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 the construction of the Project, including the cost o.f defending against such claims. 6. Liability. Grantee hereby acknowledges that it understands that there is 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 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 of $600,000.00 property coverage and $600,000.00 liability coverage. Grantee further agrees that all its employees, contractors and sulrcontractors working on tile Project shall be covered by .adequate Workers Compensation insurance. 8. Assignment. This Temporary Construction Easement is assignable only with the written pennission of Englewood, which pennission will not unrf!a/ionably withheld, conditioned or delayed. rN WITNESS WHEREOF, the parties hereto have executed this temporary · construction Easement on the date and day firs .t written above. I I C i ' I I J : I ' l : ! i I I i I I I In granting the above authorization, the C ity reserves the right to make full use of the property involved as may be necessary or ~onvenient in the operation of t he water works plant and system under control of the City; IN WITNESS WHEREOF this instrun1ent 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 IJa tm]tlrn; II,C, d:B SeiiSJ MrtiraJ Q-ntec has read the foregoing License and agrees for an on behalf of said HCA Heal t hone LLC , dba Swedish Medi cal center that i t will acc ep t and will abide by all the terms and conditions thereof. LICENSEE: ~· Title: ~re,21'devvc)C E 0 Notary: C?f€!?1.~ My commission expires : Address: ~wed,.~ M eel tc aJ C-en-Jer b C, I f: . VV\ vc1. e A ve. C/'\5},.;Lt.lcW>rl),, C12 &,nl2 Phone: 30} 7 €( Web&-7 EXHIBIT Exhibit A Page 1 of 3 :-..,,~ ~ JR ENGINEERING .•·, 1,"/\!rt:-::· . '.-.. ,. './ , .. ., PROPERTY DESCRIPTION -TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHEAST 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 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE SIXTH 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 EASTERLY BOUNDARY OF A RIGHT-OF-WAY AGREEMENT RECORDED IN BOOK 1328 AT PAGE 461 IN THE CLERK AND RECORDERS OFFICE OF ARAPAHOE COUNTY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S63"51 '25"W, A DISTANCE OF 20 .00 FEET TO THE WESTERLY BOUNDARY OF SAID RIGHT- OF-WA Y AGREEMENT ; THENCE ALONG THE WESTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES: 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- WA Y AGREEMENT; THENCE ALONG THE EASTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1. S75°51 '04"E, A DISTANCE OF 223 .54 FEET; 2. S26°08 '35"E , A DISTANCE 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 DESCRIPTION STATEMENT I, RICHARD L. HARVANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COL RADO , DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED E IBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE , AND ON THE BASIS OF MY NOWLEDGE , IN FORMATION AND BELIEF , ARE CORRECT. RICHARD L. HARVANEK, PROFESSIONAL LAND SURVEYOR COLORADO No . 30099 FOR AND ON BEHALF OF JR ENGINEERING , LLC 6020 GR EENWOOD PLAZA BOULEVARD ENG LE WO OD, CO LORADO 80111 llC Page 2 of 3 EXHIBIT A SE 1/4 SEC. 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, 6TH P .M. COUNTY OF ARAPAHOE , STA TE OF COLORADO 5 0 25 0 5 0 SCALE : 1" = 50' -- ~ l ;::::::,...._ =============~:..__~======• · N8 9 "5 9 '58 "W (BASIS OF BEARINGS) ; ---------SO_U_TH_LI_NE, SE1/4 SE 1/4, SECTION 34, T.4S.-;--R.6BW. ~ ;.; I - ~ ,( lii 'i: 1;S t TEMPORARY EASEMENT CONTAINS 4,873 SQUARE FEET OR 0 .112 ACRES MORE OR LESS LINE TABLE LINE BEARING LENGTI-1 L1 S63'51'25"W 20 .00 L2 N26"08'35"W 20.25 LJ N14"08'56"E 20.00 L4 S26"0B'35"E 29 .51 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DECRIPTION. TEMPORARY CONS1RUCTION EASEMENT SWEDISH MEDICAL CENlER JOB NO. 15314.00 FEBRURARY 14, 2007 SHEET 2 OF 2 JR ENGINEERING IX) .. CJ i] Exhibit A Page 3 of 3 ---------------------------------------------------------------------------~ C! Parcel name : TCE liJ C North : 5140.16910 East : 4307.94425 0 Line Course: N 26-08-35 W Length: 20.25 [1 North: 5158.34745 East : 4299.02182 Line Course: N 75-51-04 w Length: 214.28 C North: 5210.72659 East 4091 .2 4226 Line Course : N 14-08-56 E Length: 20.00 0 North: 5230 .11987 East 4096 .13111 Line Course: S 75-51-04 E Length: 223.54 D North: 5175.47719 East 4312.88975 Line Course: S 26-08-35 E Length: 29.51 D North: 5148 .98616 East 4325 .89227 Line Course: s 63-51-25 W Length: 20.00 D North: 5140 .17388 East 4307.93833 0 Perimeter: 527.58 Area: 4,876 SF 0.112 ACO 0 Mapcheck Closure -(Uses Error Closure: 0.00761 listed courses, radii, and deltas)O Course: N 50-59-49 .WO 0 D 0 D D 0 Error North: 0.004789 Precision 1: 69,327 .2 0 0 East : -0.005914 0 ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE VACATING A UTILITY EASEMENT WIIlCH WAS RETAINED IN THE VACATED ALLEY THROUGH THE PROPERTY LOCATED AT 3500 SOUTH SHERMAN STREET OCCUPIED BY THE ENGLEWOOD MASONIC LODGE NO. 166 AND RESERVED TO THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the City Council of the City of Englewood passed Ordinance No. 33, Series of 1969 which vacated the alley and retained a Utility Easement ; and WHEREAS, in 1969 the alley was vacated because it served no useful purpose since the alley was blocked by the Masonic building that sat over the alley ; and WHEREAS , the City has received an application for redevelopment of this site, the redevelopment will demolish the existing Masonic building and a minor subdivision will divide the site into two properties: one property will contain a new Masonic Lodge and the other will contain four condominium buildings with medical offices on the ground floor and residential condominium units above ; and WHEREAS , the Utility Easement retained by the City in 1969 will be obsolete with the redevelopment and no longer necessary as utilit ies to the two proposed properties can be accessed from adjacent streets ; and WHEREAS , the Unified Development Code prohibits building any structure within an easement; and WHEREAS abandoning all utilities makes the Utility Easement no longer necessary and the City's vacation of the Utility Easement is needed in order to accomplish the proposed r edevelopment of the site ; and WHEREAS , the passage of thi s Ordinance will authorize the vac at ion of a port ion of the Uti lity Easement reserved with the passage of Ordinance No. 33, Series of 1969; and WHEREAS, three utility providers : Comcast, Qwest and Xcel Energy, do not have any utilities in the easement and each utility provider has agreed to vacate their right to use the easement and has signed such documents that will be recorded with the Arapahoe County Clerk; and WHEREAS, the Englewood Utility Department has identified an existing sanitary sewer main within the easement, the applicant proposes to obtain sewer service from other existing lines and does not intend to use the current sewer line. The applicant will remove the sewer main at their cost , per Englewood Utilities Department specifications, leaving no utilities with in the retained casement; and -1- 9 biv i 1 I I 1 ! I I . I I 1 i I .j ! I WHEREAS, the Englewood Water and Sewer Board, at their March 13, 2007 meeting, recommended City Council approval for the Utilities Department to vacate the existing sewer easement in the vacated alley through the property commonly known as 3500 South Sherman Street and previously occupied by the Englewood Masonic Lodge No. 166; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby vacates a portion of the Utility Easement located in the 3500 South Sherman Street, as shown on attached "Exhibit A": Lots 1 to 11 inclusive, Lots 40 to 50 inclusive and vacated alley between the Lots, Block 3, Birch's Addition to South Broadway Heights, Second Filing Introduced, read in full, and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007. Read by title and passed on final reading on the 2nd day of April, 2007. Published by title as Ordinance No._, Series of 2007, on the 6th day of April, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007. Loucrishia A . Ellis -2- " .., t ,. 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CJ [ [.____n..____n..____ . ----------·- Legend • Sewer Manholes -·-Sewer Mains 1 inch equals 100 feet 1 :1,200 ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 5, CHAPTER 1, SECTION 4 , SUBSECTION C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO LATE FEE FOR MISCELLANEOUS LICENSE RENEWALS NOT FILED IN A TIMELY FASHION. WHEREAS , Miscellaneous License holders have not had a penalty imposed for filing their renewal applications late; and WHEREAS, the passage of this proposed Ordinance creates an incentive to file renewal applications on a timely basis by imposing a late fee for miscellaneous licenses filed late; and WHEREAS , the fee shall be set initially at $25 .00, which fee may be amended by resolution based on periodic review by City Council when all Miscellaneous License fees are reviewed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby authorizes amending Title 5, Chapter 1, Section 4 , Subsection C, of the Englewood Municipal Code 2000, to read as follows : S-1-4: Application for License . C. R enewa l: Applications for renewal must b e submitted eefere tee e1tpifatieR ef tee eH,HRt lieeRSe by December 31 of each year. A renewal ap plication not recejyed or postmarked by December 31 shall be sub ject to a Jate fee as detennined by Cjty Counci l Resolution. If a renew al application is not r ec eived b efore the exp irat ion of the current license, it SBall-~ b e tr eated as a new ap plication and an application fee~~ be assessed as required in this Title. Introduced, read in full , and passed on first reading on the 19th day of March, 2007 . Published as a Bill for an Ordinance on the 23rd day of March, 2007 . Read by title and passed on final reading on the 2nd day of April, 2007. -1- 9bv Published by title as Ordinance No._, Series of 2007, on the 6th day of April, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007 . Loucrishia A. Ellis -2- ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 23 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN "INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF THE BIKE AND PEDESTRIAN TRAIL ACROSS THE CITY OF ENGLEWOOD GOLF COURSE", A "GRANT OF REVOCABLE EASEMENT"AND A "TEMPORARY CONSTRUCTION EASEMENT" BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE BIKE AND PEDESTRIAN TRAIL ACROSS THE ENGLEWOOD GOLF COURSE. WHEREAS, a hike/bike trail east of the South Platte River was built in 1985 and South Suburban Park and Recreation District has maintained the trail; and WHEREAS, the City and Miller Weingarten entered into a lease agreement for 53 acres of the Englewood Golf Course, which includes a portion of the hike/bike trail east of the South Platte River; and WHEREAS , the City owns land for the construction of an extension of the regional Bike and Pedestrian Trail ; and WHEREAS , South Suburban Park and Recreation District will be constructing the Trail facilities across the Englewood Golf Course property and across the South Platte Ri ver at no cost to the City; and WHEREAS , this construction easement will allow the South Suburban Park and Recreation District access to the City 's property to construct the Bike and Pedestrian Trail facilities as well as formalize existing maintenance practices with South Suburban Park and Recreation District ; NOW, THE REFORE , B E IT ORDAINED BY THE C ITY C OUNCIL OF T HE C ITY OF ENG LEWOOD, CO LORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an "Intergovernmental agreement for Maintenance of the Bike and Pedestrian Trail Across the City of Englewood Golf Course", the "Grant of Revocable Easement " and the granting of a ·'Temporary Construction Easement" for the Bike and Pede trian Trail across the Englewood Golf Course between the City of Englewood and the South Suburban Park and Recreation District , attached hereto as ''Attachments 1, 2 and 3". Secti n 2 . The Mayor i authorized to execute and the City Clerk to attest and ea! the "Intergovernmental Agreement for Maintenance of the Bike and Pede trian Trail Aero the City of Englewood Golf Course", attached hereto as "Attachment I ", and the "Grant of Revocable Ea ement" for the Bike and Pede trian Trail aero the Englewood If ur e, attached hereto a .. Attachment 2", on behalf of the City of Englewood, ol rado . -1- 9 b vi Section 3. The Parks and Recreation Director is hereby authorized to sign the "Temporary Construction Easement", attached hereto as "Attachment 3", on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007. Read by title and passed on final reading on the 2nd day of April, 2007 . Published by title as Ordinance No ._, Series of 2007, on the 6th day of April, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007. Loucrishia A. Ellis -2- INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF THE BIKE AND PEDESTRIAN TRAIL ACROSS THE CITY OF ENGLEWOOD GOLF COURSE THIS AGREEMENT, entered into this __ day of 200 _ by and between the City of Englewood (referred to hereunder as "the City"), whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and South Suburban Park and Recreation District (referred to hereunder as "the District"), whose address is 6631 South University Boulevard , Centennial, Colorado 80121-2913. WHEREAS , there has been a joint effort by several entities including the District and the City to create a Bike and Pedestrian Trail as a part of the Mary Carter Greenway Trail along the South Platte River, which would add to and connect with the existing open space areas and trails; and WHEREAS, the City of Englewood owns the property across which the proposed Bike and Pedestrian Trail will be built, lying within the City of Sheridan, known as the Englewood Golf Course; and WHEREAS, South Suburban Park and Recreation District performs regular maintenance on other trails in the south metro area; WHEREAS, it is in the interest of both parties for the South Suburban Park and Recreation District to conduct similar regular maintenance on this new portion of the Bike and Pedestrian Trail across the Englewood Golf Course . NOW THEREFORE, for mutual consideration, the receipt of which is hereby acknowledged, the parties agree as follows : 1. The South Suburban Park and Recreation Di strict will perform regular maintenance service on the Bike and Pedestrian Trail across the Englewood Golf Course as described in Exhibits A and B , on a routine and timely schedule . 2. This regular maintenance may include but shall not be limited to mowing along the edges of the trail, maintenance of overhanging and all other vegetation within the Easement, sweeping, snow and ice removal, debris cleanup, pruning, pesticide application and graffiti removal. 3 . Maintenance shall also include repair of surface area and all other associated structures such as retaining walls, rails, fences, etc . 4. The City of Englewood shall permit the South Suburban Park and Recreation District access to and along the trail for purposes of said maintenance . 5 . This Contract may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. A t t a C h m e n t l 5 . The District by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City . 6. The City by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the District. 7 . The District shall not assign or transfer its interest in the Contract without the written consent of the City of Englewood. Any unauthorized assignment or transfer shall render the Contract null, void and ofno effect as to the City . 8. The District shall be responsible for the quality and completion of the maintenance under this Agreement. 9. Either party of this Agreement may terminate the Contract by giving to the other party 30 days' notice in writing with or without good cause shown. Upon delivery of such notice by the District to the City and upon expiration of the 30 day period, the District shall discontinue all services in connection with the performance of the Agreement. 10. All notices and communications under this Agreement to be mailed or delivered to the City shall be to the following address: Director of Parks and Recreation City of Englewood 1000 Englewood Parkway Englewood , Colorado 80110 All notices and communications pertaining to this Agreement shall be mailed or delivered to the District at the following address : -~a~-of.J>~1'.s----Executive Director South Suburban Park and Recreation District 6631 South University Boulevard Littleton, Colorado 80 121 11. The terms and conditions of this Agreement shall be binding upon each party, its successors and assigns. 12 . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City or the District. 13. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of the Grantee shall cease and terminate, and Grantor shall hold the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of the Grantee o a band ned . -2 - 14. No Interested Third Parties. Grantee's maintenance obligations hereunder are for the benefit of Grantor only, and nothing herein expressed or implies is intended or shall be construed to confer or give to any person, corporation or governmental entity other than Grantor and Grantee, their successors and assigns, any right, remedy or claim hereunder by reason of Grantee's maintenance commitments herein contained. 15. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATTEST: City of Englewood Loucrishia A. Ellis, City Clerk Olga Wolosyn, Mayor ATTEST: South Suburban Park & Recreation District ~eAltw Katherine C. Geitner, Secretary -3- EXHIBIT A SHEET 1 OF 5 EASEMENT DESCRIPTION ~1l9 veln~.r.~ vw~ c!c~l l<a AN EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN, COUNTY OF ARAPAHOE , STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89 '56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571 ", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP , STAMPED PLS 11434, BEARS S 89 "56'50" W, A DISTANCE OF 2,605.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89"56'50" E , A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 ; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 00 °13'03" W , A DISTANCE OF 464.71 FEET TO THE SOUTH LINE OF REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATIE; THENCE ALONG SAID SOUTH LINE, S 72 "57'33" W , A DISTANCE OF 472.16 FEET TO THE POINT OF BEGINNING; THENCE S 29'43'58" E , A DISTANCE OF 213 .73 FEET; THENCE ALO NG THE ARC OF A NON-TANGENT CURVE TO T HE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CENTRAL ANGLE OF 196'34'41 ~ AND AN ARC L ENGTH OF 68 .62 FEET, THE CHORD OF WHICH BEARS S 08"33'22" W, A DISTANCE OF 39 .58 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 212.00 FEET, A CENTRAL ANGLE OF 40 °16'38" AND AN ARC LENGTH OF 149 .03 FEET, THE CHORD OF WHICH BEARS S 69 °54'30" W , A DISTANCE OF 145.98 FEET; THENCE ALO NG THE ARC OF A REVERSE CURV E TO THE LEFT HAVING A RADIU S OF 98.00 FEET, A C EN TRAL ANGLE OF 19°5 1 '5 9" AN D A N ARC L ENGTH OF 33.98 FEET; T HE NCE A LO NG T HE ARC OF A REVERSE CURVE TO T HE RIGHT HAVING A RAD IUS OF 257 .00 FEET, A CENTRAL ANGL E OF 12'26'1 8" AND AN ARC LENGTH OF 55 .79 FEET ; T HE NC E S 82"37 '08" W, A DISTANCE OF 36 .35 FEET ; T HE NCE A LONG THE ARC O F A TANGENT CURVE TO THE LE FT HAVING A RADIUS OF 86 .00 FEET, A CENTRAL ANGLE OF 16°1 9'23" AND AN ARC LENGTH OF 24 .50 FEET; T HENC E S 66'17'45" W , A DISTANCE OF 35 .77 FEET; T HE NCE A LONG THE ARC OF A TANGENT CURVE TO TH E RIGHT HAV ING A RADIUS OF 224 .00 FEET, A CENTRAL A NGLE OF 34'35'03" AND AN ARC LENGTH OF 135 .21 FEET; T HE NCE N 79 °07'12" W , A DISTANCE OF 37 .30 FEET; THENCE ALONG T HE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 60 .00 FEET , A CENTRAL A NGLE OF 37 '06'13" AN D AN ARC LENGTH OF 36.85 FEET; T HENCE S 63"46'36" W , A DIST AN CE OF 56.78 FE ET; THENCE ALONG THE A RC OF A TANGENT CU RVE TO THE LEFT HAV IN G A RADIU S OF 60 .00 FEET, A CENTRAL ANGLE O F 37'06 '13' AND AN ARC LENGTH OF 38 .85 FEET; T HE NC E S 26°40'23" W , A DISTANCE OF 35 .48 FE ET ; THENCE ALONG T HE ARC O F A TANGENT CURV E TO THE RI GH T H AVING A RADI US OF 157 .00 FEET, A CE NT RAL ANGLE OF 62"4 3'07" A ND AN A RC LE NGTH OF 171 .86 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RAD IUS OF 143.00 FEET, A CENTRAL ANGLE OF 35°09'34" AND AN ARC LENGTH OF 87 .75 FEET ; THENCE N 00'05'56" E. A D ISTANCE OF 12.41 FEET; THENCE N 36 "38 '2 7" E, A DISTANCE O F 10.05 FEET; \/1 COMPANIES OF COLORADO 2399 BLAKE STREET.1 STE . 1301 DENVER, CO . 802015 P H : 303·989-a588 FX: 303-98~9932 DENVER CHICAGO PHOENIX EXHIBIT A SHEET 20F5 EASEMENT DESCRIPTION 'lii~lQ ve,rt~.~ VJ;tctYSJa THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157 .00 FEET, A CENTRAL ANGLE OF 28"59'55" AND AN ARC LENGTH OF 79.46 FEET, THE CHORD OF WHICH BEARS N 74'53'33" E, A DISTANCE OF 78 .62 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143 .00 FEET, A CENTRAL ANGLE OF 62"43'07" AND AN ARC LENGTH OF 156.53 FEET; THENCE N 26°40'23" E, A DISTANCE OF 35 .48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37'06'13" AND AN ARC LENGTH OF 47 .92 FEET; THENCE N 63"46'36" E, A DISTANCE OF 58 .78 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37"06'13" AND AN ARC LENGTH OF 47 .92 FEET; THENCE S 79'07'12" E, A DISTANCE OF 37.30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 210 .00 FEET, A CENTRAL ANGLE OF 34'35'03" AND AN ARC LENGTH OF 126.76 FEET; THENCE N 66°17'45" E, A DISTANCE OF 35.77 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100 .00 FEET, A CENTRAL ANGLE OF 16"19'23" AND AN ARC LENGTH OF 28.49 FEET; THENCE N 82 "37'08" E, A DISTANCE OF 36 .35 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 243 .00 FEET, A CENTRAL ANGLE OF 12"26'18" AND AN ARC LENGTH OF 52.75 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112 .00 FEET, A CENTRAL ANGLE OF 19'51'59" AND AN ARC LENGTH OF 38 .83 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 198 .00 FEET . A CENTRAL A NGLE OF 39 "25'12" AND AN ARC LENGTH OF 136.23 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CENTRAL ANGLE OF 61 "25'53" AND AN ARC LENGTH OF 21.44 FEET, THE CHORD OF WHICH BEARS N 00'26'55 ' W , A D ISTANCE OF 20.43 FEET; THENCE N 29'43'58" W , A DISTANCE OF 218.23 FEET; THENCE N 72°57'33" E , A DISTANCE OF 20 .50 FEET TO THE POINT OF BEGINNING ; CONTAIN ING A CALCULATED AREA OF 18,569 SQUARE FEET OR 0.426 ACRES , MORE OR LESS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED H EREIN BY REFERENCE. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALAN WARNER, COLORADO PLS 28668 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO LTD 2399 BLAKE STREET, SUITE 130 DENVER, CO . 80205 303-989-8588 PROJECT: 003038 V3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE. 1301 DENVER, CO. 80205 PH: 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ( ILLUSTRATION FOR N 1/4 COR., SEC. 4 EXHIBIT A CAI.CUIAT£D POSJnON NW COR., SEC. 4 NO UONUM£NT FOUND OR SU L FOUNO 2-1/2" ALUU. CN' SHEET 3 OF S CORNER FALLS IN SOUTH PLATTE: Rl'IER LS '14J4 NIJ!i'51'$0"E POINT OF COMU£NCEM£NT 50. ,,. WITNESS CORNER BASIS OF BEARINGS FOUNO J" BRASS CN'~ N. LIN£ N'l('f 4. sec. 4 LS 22571 ,/I---N89'!JfiO 2605.26' --------------- s;t' 1- ., ., .-' ,·- . PRbf'OSED ~RA~T 8 ,.-,/ Rr/ER PO:~rr S~BD. w .-w ._~ :r: (./) w w (./) C6 EASEMENT CONTAINS APPROX . 18,569 SQ FT (0 .426 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . Engineers Scientists Surveyors 2399 Blake Street, Suite 130 Denver, CO 80205 303 .989 .858 vo ice 303 .989 .993 2 fu. V3 co .com COMPANlES OF COLORADO LTD . EAST UN£ OF THE NORTHWcST QUARTF:R OF' SECnDN 4 SOO'tJ'O:S"W 464.71' / / I I I ·see SHEET 5 FOR LINE & CURVE TABLE 0 Scale : 1"=100' 100 FEET SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT NW 114 , sec . 4, T. 5 S., R. 68 w. 6TH PM COUNTY OF ARAPAHOE , STATE OF COLORADO ORN : PM DATE : 12/13/06 CKO : SCALE : 1•,.100 200 ILLUSTRATION FOR EXHIBIT A SHEET4 OFS PF~QPCSED iRA:-r S -·-·-- -·-·-·--.. UNPLATIED ENGLEWOOD GOLF COURSE PROPOSED -;-RA~T ~~ Rl'v'ER PClf~i S:J8D . ·-·-.-._... PROPOSED -rRAST D Rl'.'EH P Ci ~~T S~BD. PC :~.:T suaD . ---- •sEE SHEET 5 FOR LINE & CURVE TAB LE EASEMENT CONTAINS APPROX . 18,569 SQ FT (0.426 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . Engineers Scientists Surveyors 2399 Blake Street, Suite 130 Denver, CO 8020S 303 ,989 .8588 voice 303.989.9932 fax V3co.com Scale: 1"=100' 0 100 ---FEET SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT NW 1/4, SEC . 4 , T. 5 S., R. 68 W, 6TH PM COU TY OF ARAPAHOE , STATE OF COLORADO ORN : PM DATE: 12/13/06 JOB : 003038 CKD : SCALE : 1"•100' FBK: NIA 200 I ( CURVE c, C2 C3 C4 cs C6 C7 ca C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 Engineers Scientists Surveyors ILLUSTRATION FOR EXHIBIT A SHEET50F5 LINE TABLE LINE BEARING LENGTH L1 582'37'0B"W 36.35' L2 566' 17' 45"W 35.77' LJ N79'07' 12"W 37.30' L4 S63'46'36"W 58.78' LS ~'6"40'23"W 35.48' LS N00'05'56"E 12.41' L7 N36'38'27 "E 10.05' LB N26'40'2J"E 35.48' L9 N63'46'36"E 58.78' L10 579'07' 12"E 37.30' L11 N66'17'45"E 35.77' L12 N8Z37'0B"E 36.35' L13 N77'57'3J"F 20.50' CURVE TABLE 2399 Blake ~trcet, Suite 130 Denver, CO 8020S 303 .989 .8588 voice 303 .989 .9932 (u Vlco.com SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT DRN : PM NW 1/4, SEC. 4, T. 5 S., R. 68 W, 6TH PM COUNTY OF ARAPAHOE , STATE OF COLORADO DATE: 12/13/06 JOB : D03038 COMPA I S OF COLORADO LTD . CKO: SCALE : 1"•100' FBK : NIA EXHIBITB A 20 foot wide easement, situated in th~ west half of Section 4, Township 5 South, Range 68 West, Arapahoe County, Colorado, &t ong the following described centerline: Begir.__.ng at a point on the north right-of-way line of West Oxford Avenue, 75 feet (more or less) west of the South Platte River, where said line intersects an existing bike trail know as the "Mary Carter Greenway"; thence northerly along said existing bike trail a distance of 600 feet (more or less) to a pedestrian bridge; thence easterly across said bridge to the east side of the South Platte River; thence northerly and northeasterly continuing along the aforesaid existing bike trail a distance of 2,700 feet (more or Jess) to the western terminus of the easement defined in Exhibit "A". Surveyor's Statement I, David L. Henderson, a registered Professional Land Surveyor in the State of Colorado , do hereby state that this Legal Description and attached Exhibit were prepared under my direct supervision and on the basis of my knowledge, information, and belief, are correct . This legal description and Exhibit were prepared to depict the approximate existing location of a bike trail and does not represent a monumented land survey . No field work was performed during the preparation of this description. A new legal description , based on a field survey, is recommended and anticipated after re-construction of the Englewood Golf Course is complete . ,,\'.' ,m•II i ll1 1 •;11 1h ,,;:~'\_1,\)0 R[(,~ '<·~ .. • .-· <::), ,..,,e,. ..... St.('',:. :"' <J-•• ~ \.. HE,t'IJ• •• ',f ·· :, (.l ,,'i) ~-·· ~ .·. ii •• .::,;: "?Ji • 0 -:. ~ :~ o·~ ~ = : . 256 z i: ,:...,~~ : g "" I • '° .• (_...... . :": . . ~ ~-··~::·, o1' ....... fl s~<f-.,::f Da vid L. Henderson, Professional Land Surveyor , ... ,D~t~~artuary 12 , 2007 Colorado P .L.S . No. 25632 For and on behalf of the City of Englewood Public Works Department ~~·~~' ... · ... t• :• • ' ,:.. .·• ~ . ... .. ' -· --. ,_ r -I 1 1 •-. ~·}i.', .: I ,~ r "., .... u .·.· ... -·· ....... ~r ;;;LI ··:, .. : ... h ·t·':' : ' .... z 0 Q. "' u.., > Q. ::...... - ....:::: --..... .., V: -.._ -.._ -- .-· ... ~.-. ....... . . '' E X H I 8 I T 8 GRANT OF REVOCABLE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the City of Englewood, a Colorado municipal corporation whose place of business is 1000 Englewood Parkway, Englewood, CO 80110, (hereinafter "Grantor"), and the South Suburban Parks and Recreation District, whose address is 6631 South University Boulevard, Centennial, Colorado 80121-2913, (hereinafter "Grantee") for mutual consideration, and promises of the Grantee hereinafter specified, does hereby rernise, release and quitclaim unto the Grantee, subject to the terms and conditions hereinafter set forth and pursuant to and with the protections granted by the Colorado Recreational Liability Act, C.R.S. Section 33-41-101, et seq., a revocable EASEMENT to construct, maintain, replace, and remove a multiuse, public, non-motorized recreational trail, which may include pedestrian, bicycle and equestrian use or any other recreational uses approved in writing by Grantor (hereinafter called "the Trail"), over the Grantor's property as part of the Mary Carter Greenway Trail, situated in Arapahoe County, State of Colorado, to-wit:" [The Surface only of the property legally described in Exhibits A and B, attached hereto and by this reference made a part of this Easement (hereinafter called "the Easement Area"] RESERVING, however, unto the Grantor, its successors and assigns , the right to construct, maintain, use, operate, relocate, reconstruct and renew such property as it may at any time, and from time to time, desire within the limits of the land described above, including the right and privilege to use the Easement for any and all purposes, not inconsistent with the use thereof by Grantee for the purposes set forth above. ALSO RESERVING, however, unto the Granter, its successors and assigns, the exclusive right to use the premises including the right of ingress and egress in any such manner as does not unreasonably interfere with Grantee's use of the Easement for said recreational trail/maintenance access . The foregoing easement is granted according to and subject to the terms and conditions of that certain Agreement dated , entitled "Intergovernmental Agreement For Maintenance of the Pedestrian/Bike Path across the City of Englewood Golf Course", between Granter and Grantee and is made subject to and upon the following express conditions: I . This easement is subject to existing interests in the described property to whomsoever belonging and of whatsoever nature and any and all extensions and renewals thereof, including but not limited to underground pipe line or lines, or any type of utility line or lines, if any . A t t a C h m e n t 2 ' : I I : i II 2. I 3. 4 . ' 5. 6. 7. Grantee shall bear the cost of removal, relocation or reconstruction of any and all utilities or other facilities, the removal, relocation or reconstruction of which may be necessary by reason of the use of the Easement for the purposes set forth above. Grantee on behalf of itself, its successors and assigns, covenants and agrees not to construct, without the prior written consent of Grantor, any additional structures on or within the easement herein granted. If the Trail or the Easement, or any part thereof, shall at any time cease to be used by said Grantee for recreational trail purposes, or should it be converted to any other use whatsoever, or should Grantee ever charge a fee to use the Trail, or should the Grantee fail to perform any of the conditions herein expressed, then and in any such event, all the right, title, interest, benefits and enjoyment of said Grantee, in and to said premises, for any purposes whatsoever, shall immediately cease. Grantor does not warrant its title to the Easement nor undertake to defend the Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interest of others, including the tenants and licensees of the Grantor. Grantee must notify the Grantor and obtain its approval at least 120 days before any transfer or assignment of ownership for the Recreation Trail. As a condition of the grant made herein, it is agreed that any transfer of the rights in the recreational trail by Grantee must include the same obligations for maintenance, repair, replacement or removal provided for herein or the obligations will remain the responsibility and financial liability of Grantee. Grantee shall not use the Recreation Trail or any portion of the described premise or permit it to be used except for the usual and ordinary putposes for a non-motorized recreational trail or for maintaining the trail, fencing and drainage improvements . 2 a.: I r,, r-, ~ j, 1, ,, i I l I ., I I I I ! TO HA VE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging to Grantee for public use and enjoyment for the purposes aforesaid and for no other purpose whatsoever subject to the tenns and conditions hereinbefore stated herein. SOUTH SUBURBAN PARKS AND RECREATION DISTRICT CITY OF ENGLEWOOD, COLORADO By~ J-~ By ______ _ Dennis s. Reynolds, Chairman Pro-Tem STATE OF COLORADO ) ) ss . ATIEST: Loucrishia A. Ellis, City Clerk COUNTYOFARAPAHOE ~ ~,. , Acl,no gOO e ore m~ Ja' o~ , 20~ by ~11 l .$ a _________:__1 < 1> ___ of South Suburban Parks and Recreati n District. ' / My Commission expires : ~ 1-S:, 2£) /t! ~.c;;d4LR 3 EXHIBIT A SHEET 1 OF 5 EASEMENT DESCRIPTION Y~,lQ ve,rt~.r.,~ \~QJ.!!tla AN EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89 '56'50 " W, 50 .1 4 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3' BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP , STAMPED PLS 11434, BEARS S 89'56'50 " W, A DISTANCE OF 2,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89'56'50" E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 00'13'03" W, A DISTANCE OF 464 .71 FEET TO THE SOUTH LINE OF REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATTE; THENCE ALONG SAID SOUTH LINE, S 72°57'33" W, A DISTANCE OF 472 .16 FEET TO THE POINT OF BEGINNING; THENCE S 29'43'58" E, A DISTANCE OF 213.73 FEET; THENCE.ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CE NTRAL ANGLE OF 196'34'41 ' AND ·AN ARC LENGTH OF 68 .62 FEET , THE CHORD OF WHICH BEARS S 06'33'22' W , A DISTANCE OF 39.58 FEET; . THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO T HE RIG HT HAVING A RADIUS OF 2 12 .00 FEET, A CE NTRAL ANGLE OF 40'16'38" AND AN ARC LENGT H OF 149.03 FEET , THE CHORD OF WHICH BEARS S 69°54'30" W , A DISTANCE OF 145 .98 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 98.00 FEET, A CENTRAL A NGLE OF 19'51'59" AND AN ARC LENGTH OF 33 .98 FEET; THE NCE ALO NG THE ARC OF A REVERS E CURV E TO THE RIGHT HAV IN G A RADIUS OF 257 .00 FEET, A C ENTR AL ANGLE OF 12'26'18" AND AN ARC LENGTH OF 55 .79 FEET ; . THENCE S 82 °3 7'08' W, A DISTANCE OF 36 .35 FEET; THENCE ALONG THE ARC OF ATANGENT CURVE TO THE LEFT HAVING A RADIUS OF 86 .00 FE ET, A CENTRAL AN GL E OF 16'19'23' AND AN ARC LENGTH OF 24 .50 FEET; TH ENCE S 66 '1 7'45' W, A DISTANCE OF 35 .77 FEET; T HENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGH T HAV ING A RADIUS OF 224 .00 FEET, A CENTRAL ANGLE OF 34'3 5'03' AND AN ARC LENGTH OF 135 .21 FEET; THE NC E N 79'07'12' W , A D ISTANCE OF 37 .30 FEET; TH ENC E ALONG THE AR C OF A TANGENT CURV E T O THE LEFT HAV ING A RA DIUS OF 60 .00 FEET , A CE NTRAL ANGLE OF 37 '06'13' AND AN ARC L ENGTH OF 38 .85 FEET ; T HENCE S 63'46'36' W , A DISTAN CE OF 58.7 6 FEET; T HENCE ALONG TH E ARC O F A TAN GENT C URVE TO THE LEFT HAVING A RADIUS OF 60 .00 FEET, A CENTRAL A NGLE OF 37 '06'13' AND AN ARC L ENGTH OF 38 .65 FEET ; THENCE S 26'40'23' W , A DISTANCE OF 35.48 FE ET; THENCE ALON G THE ARC OF A TANGENT CURVE TO THE RIGH T HAV IN G A RADIU S O F 157.00 FEET, A CEN TRA L ANGLE OF 62 '43'07' A ND AN A RC L ENGTH OF 17 1 .86 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET, A CENTRAL ANGLE OF 35'09'34' AND AN ARC LENGTH OF 87 .75 FEET ; THENCE N 00'05'56' E, A DISTANCE OF 12 .41 FEET; THENCE N 36'38'27' E, A DISTANCE OF 10.05 FEET; '3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE . 130, DENVER, CO. 80205 PH: 303-989-8588 FX: 303-989-9932 DENVER . CHICAGO PHOENIX EXHIBIT A SHEET 2 OF 5 EASEMENT DESCRIPTION yJ.~,[Q, ve1rt~.~~ V wlifi IJJ.r!JiJa THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157 .00 FEET, A CENTRAL ANGLE OF 20•59•55• AND AN ARC LENGTH OF 79.46 FEET, THE CHORD OF WHICH BEARS N 74"53'33" E , A DISTANCE OF 78.62 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143 .00 FEET, A CENTRAL ANGLE OF s2•43•07• AND AN ARC LENGTH OF 156.53 FEET; THENCE N 25•40•23• E, A DISTANCE OF 35.48 FEET ; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37•06'13" AND AN ARC LENGTH OF 47 .92 FEET; THENCE N 63.46'36" E, A DISTANCE OF 58 .78 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37"06'13" AND AN ARC LENGTH OF 47.92 FEET; THENCE S 79•07•12• E, A DISTANCE OF 37 .30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 34"35'03" AND AN ARC LENGTH OF 126 .76 FEET; THENCE N ee·17'45" E, A DISTANCE OF 35 .77 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100 .00 FEET ,)\ CENTRAL ANGLE OF 16.19'23" AND AN ARC LENGTH OF 28 .49 FEET; THENCE N 82"37'08" E, A DISTANCE OF 36.35 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 243 .00 FEET, A CENTRAL ANGLE OF 12"26'1 8" AND AN ARC LENGTH OF 52 .75 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112 .00 FEET, A CENTRAL ANGLE OF 19"51'59" AND AN ARC LENGTH OF 38.83 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 198 .00 FEET, A CENTRAL ANGLE OF 39"25'12' AND AN ARC LENGTH OF 136 .23 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CENTRAL ANGLE OF s1•25•53• AND AN ARC LENGTH OF 21.44 FEET, THE CHORD OF WHICH BEARS N 00"26'55" W , A DISTANCE OF 20 .43 FEET; THENCE N 29•43•55• W, A DISTANCE OF 218 .23 FEET; THENCE N 72'57'33" E, A DISTANCE OF 20 .50 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 18,569 SQUARE FEET OR 0 .426 ACRES, MORE OR LESS. ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALAN WARNER, COLORADO PLS 28668 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO LTD 2399 BLAKE STREET, SUITE 130 DENVER, CO . 80205 303-989-8588 PROJECT: D03038 V3 COMPANIES OF COLORADO 2399 BLAKE STREET.1 STE. 130, DENVER, CO . 8020!5 PH: 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ( ILLUSTRATION FOR NW COR., SEC, 4 EXHIBIT SHEET3 OF 5 A N 1/4 COR., SEC. 4 CALCULAr£0 POStnON NO 1./0NUMENr FOUNO OR SIT CORNER FALLS IN sourH PL.Arr£ RIVER NB/i'56 '50'"£ POINr OF COUI.IENCD.IENT 50. 14' / FOUND 2 -1/2" ALU/,/. CAP LS 114J4 . WlrNESS CORNER BASIS OF BEARINGS FOUNO J" BRASS c.AP-........___ _ A_ N. LIN£ Nfl:1/4, SEC. 4 LS 22571 ~ ~ '1-N 89'56""50 £ 2605.26' ---------------~ ., ., - . ?f~bP OSE D TRA~T S _--,_, Rl\.'ER PC:~~"T SUB D. ~ f- w -·-w ._::::;.:.----:c (f) w w (f) - EASEMENT CONTAI NS APPROX . 18,569 SQ FT (0 .426 ACRES). THIS EXH IBIT DOES NO T REPRESENT A MONUMENTED SURV EY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPT ION . Engineers Scie11rists Surveyors 2399 Blake Street, Suite 130 Denve r, CO 8020S 303 .Y89 .858 voic e 303.9 9.9932 fax V3co .com fAST LIN£ OF TH£ NORTHWEST QUARTER Of' S£CnON 4 SOO' 1 J'OJ"W...______,_ 464.71' I I / 'SEE SHEET 5 FOR LINE & CURVE TABLE Scale : 1"=100' 0 100 ---FEET SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT NW 1/4 , SEC . 4 , T. 5 S ., R. 6 8 W, 6TH PM COUNTY OF ARAPAHOE, STATE OF COLORADO DR : PM DATE : 12/13106 JOB : D03038 CKD : SCALE: 1"s 1 OCT FBK: N/A 200 ILLUSTRATION FOR EXHIBIT A -·-. - -·-·--- UN PLATIED ENGLEWOOD GOLF COURSE PROPOSED 7RA0T ~~ ·-----.-- SHEET 4 OF5 PF.'.OPGSED -rRA8T D Rl \'ER PC:t~T S:JBD. PO:~rr S:J8D. ---- 0 SEE SHE ET 5 FOR LIN E & CURVE TABLE EASEMENT CONTAINS APPROX. 18 ,569 SQ FT (0 .426 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. Scal e : 1"=100' 0 100 ---FEET Engineers 2399 e11kc stteet, suite 130 SOUTH SU BURB AN TRAIL EASEMENT Denver, CO 80205 RIVERPOINT Scientists 303 .9 9.Sm vnicc NW 1/4 , SEC . 4, T. S s ., R. 68 w. 6TH PM 200 I S 303 .9 9.9932 Cu COU TY OF ARAPAHOE, STATE OF COLORADO UrVeyOrS V3co con, 1-=-c----------,---=---,-,,.,.,.,,~-""""T...,.,,.,,,....,~=---1 ORN : PM DATE: 12/13/06 JOB : D03038 OMP/\ 11ES OF COLORADO LTD. 1-C,..;.K ... D.:.:..: .;..:.;.'------+"S:;.;.C_,A,..LE~:""'1-••'"'1.,.0<1.....--+F,,...B'""K; .... · =N/=A----------1 ILLUSTRATION FOR EXHIBIT A SHEET 5 OF 5 LINE TABLE LINE BEARING LENGTH L1 S82'37'08"W 36.35' L2 S66'17'45"W 35 .77' l.J N79'07' 12"W 37 .30' L4 S63'46'36"W 58 .78' L5 S26'40'23"W 35.48' LS N00'05'56"E 12.41' L7 N36' 38'27"E 10.05' LB N26'40'23"E 35.48' L9 N6S46'3S"E 58 .78' L10 S79'07' 12"E 37.30' L11 N66' 17' 45 "E 35.77' L12 N82'37'08"E 36 .35' L13 N72'57'33"E 20.50' CURVE TABLE CHORD CURVE RADIUS DELTA LENGTH BEARING DISTANCE C1 20.00' 196'34'41" 68.62' N08'33'22"E 39 .58' C2 2 12.00' 40'16'38" 149.03' N69'54'30"E 145.98' C3 98 .00' 19'51 '59" 33.98' S80'06'49"W 33 .81' C4 257.00' 12'26'18" 55.79' · N76'23'59"E 55.68' cs 86.00' 16'19'23• 24.50' S74'27'26"W 24.42 ' cs 22400' 34'-~"i'Q3" 135.21' N8Y35' 16"E 133.17' C7 60 .00' 37'06'13" 38.85' S8719'42"W 38.18' CB 60 ,00' 37'06'13" 38.85' S45'13'29"w 38.18' C9 157 .00' 1,?'43'07" 171 ,Rf;' N58"01'56"E 163.41' C10 143.00' 35'09'34" 87.75' S71'48'43"w 86.38' C11 157 .00' 28'59'55" 79.46' S74'53'33"W 78 .62' C12 143 .00' 62'43'07" 156.53' N56"01'56"E 148 .84' CD 74 .00' 3706 '13" 47 .92' 545' 13'29"W 47 .09' C14 74 .00' 3706'13 " 47 .92' 582' 19' 42"W 47 .09 ' C15 21 0.00' 34'35'03" 126 .76' N8Y35'16"E 124.84' C16 100 00 ' 16'19'?3 " ?8.49' S74'27 '26 "W 28 .39' C1 7 243 .00' 12'2 6'1 8" 5?.75' N76'23'59 "E 52.65' C1 8 112.00' 19'51'59" 38.83' S80'06' 49"W 38.64' C19 198.00' 39'25'12" 136.,~· N70'20'13"E 133.55' C20 20.00' 61'25'53" 21.44' S00'26'55"E 20.43' ·, Engineers 2399 Blake Street, Suite 130 Denver, CO 8020S dentists 303 ,989.8588 voice SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT 303 .989 .9932 fu urveyOrS V3co .cotn COMPANIES OF COLORADO LTD . ORN : PM CKD : NW 114 , SEC . 4, T. 5 S .. R. 68 W, 6TH PM COUNTY OF ARAPAHOE, STATE OF COLORADO DATE: 12/13106 JOB : 003038 SCALE : 1 • ., 1 00' FBK : IA EXHIBITB A 20 foot wide easement, situated in the west half of Section 4 , Township 5 South, Range 68 West, Arapahoe County, Colorado, along the following described centerline: Beginning at a point on the north right-of-way line of West Oxford Avenue, 75 feet (more or less) west of the South Platte River, where said line intersects an existing bike trail know as the "Mary Carter Greenway"; thence northerly along said existing bike trail a distance of 600 feet (more or less) to a pedestrian bridge; thence easterly across said bridge to the east side of the South Platte River; thence northerly and northeasterly continuing along the aforesaid existing bike trail a distance of2,700 feet (more or less) to the western terminus of the easement defined in Exhibit "A". Surveyor's Statement I, David L. Henderson, a registered Professional Land Surveyor in the State of Colorado, do hereby state that this Legal Description and attached Exhibit were prepared under my direct supervision and on the basis of my knowledge, information, and belief, are correct. This legal description and Exhibit were prepared to depict the approximate existing location of a bike trail and does not represent a monumented land survey. No field work was performed during the preparation of this description . A new legal description, based on a field survey, is recommended and anticipated after re-construction of the Englewood Golf Course is complete. ,,,n,11111rn,,•,:,,.,, ,,;;:-'\~1)0 REc1 ·:,, . ... ~··~'Ji~ ,..,,cf'·•.-•• S'/ ,e-~. /\ ... ~;.~ \.. H~Je:_~"?-' . §° c•~ ~ciC ·~ ~ •q c:>.. § .: i "tl!P :z ,. " .., • '-oil'-I# . ! . ' ,... · .. , .. 01' •• ., •• e••s'lff. ,..$.'::- David L. Henderson, Professional Land Surveyor ··-:-,,,DA,h~~dry 12 , 2007 Colorado P .L.S. No. 25632 For and on behalf of the City of Englewood Public Works Department - .. • .... ;: 0 ... a: w a: -·· • -i ~ i:::s ...c:::i :... ::: ...c:::i ::: V) ~ ..... ;:s a V) "l -s::: ~ ~ ~ "l ::::s ~ -·-~ :... E-..., ..... 0 0 . ~ ~ .. -"' "' "' -~ - --... ' .. -,J, ~-. ... 1 · I , . '>!P. I~~ ~..a ,_. 1' ~:.,' I · •;.. I ,• :H. ,. , .. ,I,, :· ... ';. ··'"· ' : ~ ( TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT is made by and between the CITY OF ENGLEWOOD, COLORADO, (hereinafter referred to as "the City"), Grantor and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, 6631 South University Blvd, Littleton, Colorado 80121. WHEREAS, the City and South Suburban Park and Recreation District wish to enter into a cooperative arrangement to allow for the construction and maintenance of the Bike and Pedestrian Trail located across the Englewood Golf Course and the South Platte River; and WHEREAS, South Suburban Park and Recreation District will be constructing the Bike and Pedestrian Trail facilities at the Englewood Golf Course and South Platte at no cost to the City and for this consideration, the Grantor will allow t.he use of the following described property for construction of said Bike and Pedestrian Trail facility; and WHEREAS, the Temporary Construction Easement shall be for the real property located in the County of Arapahoe, State ofColoradomore particularly described on the attached Exhibits A and B; and WHEREAS, the South Suburban Park and Recreation District agrees that the construction of this Bike and Pedestrian Trail shall not interfere with the reconstruction of the Englewood Golf Course. NOW, THEREFORE, it is agreed between the City and South Suburban Park and Recreation District as follows: The City hereby grants to South Suburban Park and Recreation District and its representative contractor a temporary construction easement upon the property described above solely for the construction of a Bike and Pedestrian Trail facility as described in the construction drawings for the Bike and Pedestrian Trail Improvements made for South Suburban Park and Recreation District and the attached Exhibits A and B, and for the regrading of the surrounding area. A t t a C h m e n t 3 This agreement shall tenninate upon completion and approval of the Bike and Pedestrian Trail facility by the South Suburban Park and Recreation District and the City of Englewood, or, by mutual agreement, at an earlier date. IN WITNESS WHEREOF, the parties hereto have set their hand and seals as of the ___ day of , 200_. STATEOFajrttdtJ ) /}_ .. I ) ss . C OUNTY OF f'1r~/JPUt!:...) GRANTOR: CITY OF ENGLEWOOD, COLORADO By~~~~~~~~~~~~~~~- Jerrell Black, Parks and Recreation Director ATTEST: Loucrishia A. Ellis , City Clerk GRANTEE: SOUTH SUBURBAN PARK AND RECREATION DISTRICT Director c., SUBSC~ED AND SWORN to before me b~'t?( ,4. ~ Z..... as C::. ,(.~,;:t' {);Ye c."6:?r of South Suburban Park and Recreation District. dl~ 2-;+ 4~- Notary: ' My conunission expires : 2 EXHIBIT A SHEET 1 OF 5 EASEMENT DESCRIPTION . ¥J.~1tQ vein~.\:~ v~r.t1.1j~ AN EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN ; CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89'56'50" W, 50.14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571', WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, S1AMPED PLS 11434, BEARS S 69"56'50' W, A DISTANCE OF 2,605.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 69"56'50" E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE EAST LINE.OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 00'13'03" W, A DISTANCE OF 464.71 FEET TO THE SOUTH LINE OF REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATTE; THENCE ALONG SA ID SOUTH LINE, S 72"57'33' W, A DISTANCE OF 472 .16 FEET TO THE POINT OF BEGINNING; THENCE S 29°43'58" E, A DISTANCE OF 213.73 FEET; THENCE.ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 196'34'41' AND AN ARC LENGTH OF 68 .62 FEET, THE CHORD OF WHICH BEARS S 08"33'22' W, A DISTANCE OF 39 .58 FEET; . THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO T HE RIGHT HAVING A RADIUS OF 212 .00 FEET, A CENTRAL ANGLE OF 40"16 '3 8 " AND AN ARC LENGTH OF 149 .03 FEET, THE CHORD OF WHICH BEARS S 69'54'30" W, A DISTANCE OF 145 .96 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 98 .00 FEET, A CENTRAL ANGLE OF 19'51'59' AND AN ARC LENGTH OF 33.98 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 257 .00 FEET, A CENTRAL ANGLE OF 12'26'18" AND AN ARC LENGTH OF 55 .79 FEET; . THENC E S 62'37'08" W, A DISTANCE OF 36 .35 FEET; THENCE ALONG THE ARC OF ATANGENT CURVE TO THE LEFT HAVING A RADIUS OF 86 .00 FEET, A CENTRAL ANGLE OF 16'19'23' AND AN ARC LENGTH OF 24.50 FEET; THENCE S 66'17'45" W , A DISTANCE OF 35 .77 FEET; . THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 224 .00 FEET, A CENTRAL ANGLE OF 34'35'03" AND AN ARC LENGTH OF 135.21 FEET; THENCE N 79'07'12" W , A DISTANCE OF 37 .30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 37'06'13" AND AN ARC LENGTH OF 36.65 FEET; THENCE S 63'46'36" W, A DISTANCE OF 56 .76 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 60 .00 FEET, A CENTRAL ANGLE OF 37'06'13' AND AN ARC LENGTH OF 38 .85 FEET; THENCE S 26'40 '2 3" W, A DISTANCE OF 35.46 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157.00 FEET, A CENTRAL ANGLE OF 62'43 '0 7' AND AN ARC LENGTH OF 171.66 FEET; THENCE ALONG THE ARC OF A REVERSE.CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET, A CENTRAL ANG LE OF 35'09'34" AND AN ARC LENGTH OF 67.75 FEET; THENCE N 00"05 '56" E, A DISTANCE OF 12.41 FEET; THENCE N 36"36'27" E, A DISTANCE OF 10.05 FEET; ' C M PA N IE S OF COLORADO 2 399 BLAKE STREET., STE . 130 , DENVER , CO. 60205 PH: 303-989-8588 FX: 303-989-9932 DENVER · CHICAGO PHOENIX EXHIBIT A YJ.E~,lQ V e1rtfir,!:,ij v~m,J·~ SHEET 20F 5 EASEMENT DESCRIPTION T HENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157.00 FEET , A CENTRAL ANGLE OF 28"59'55' AND AN ARC LENGTH OF 79.46 FEET, THE CHORD OF WHICH BEARS N 74•53•33• E, A DISTANCE OF 78.62 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET, A CENTRAL ANGLE OF 62"43'07' AND AN ARC LENGTH OF 156.53 FEET; THENCE N 26"40'23" E, A DISTANCE OF 35.48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37"06'13' AND AN ARC LENGTH OF 47.92 FEET; THENCE N 63"46'36" E, A DISTANCE OF 58 .78 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74 .00 FEET, A CENTRAL ANGLE OF 37"06'13' AND AN ARC LENGTH OF 47 .92 FEET; THENCE S 79"07'12" E, A DISTANCE OF 37 .30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 34"35'03" AND AN ARC LENGTH OF 126.76 FEET; THENCE N 66°17'45" E, A DISTANCE OF 35.77 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100 .00 FEET, A CENTRAL ANGLE OF 16°19'23" AND AN ARC LENGTH OF 28.49 FEET; THENCE N 82"37'08" E, A DISTANCE OF 36 .35 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 243 .00 FEET, A CENTRAL ANGLE OF 12"26'18" AND AN ARC LENGTH OF 52 .75 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112 .00 FEET, A CENTRAL ANGLE OF 19"51'59" AND AN ARC LENGTH OF 38 .83 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 198 .00 FEET, A CENTRAL A NGLE OF 39 "2 5'1 2" AND AN ARC LENGTH OF 136 .23 FEET; . THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 61 '25'53" AND AN ARC LENGTH OF 21.44 FEET, THE CHORD OF WHICH BEARS N 00"26'55" W, A DISTANCE OF 20.43 FEET; THENCE N 29"43'58" W, A DISTANCE OF 218 .2 3 FEET; THENCE N 72"57'33" E, A DISTANCE OF 20.50 FEET TO THE POINT OF BEGINNING ; CONTAINING A CALCULATED AREA OF 18,569 SQUARE FEET OR 0.426 ACRES , MORE OR LESS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. SU RVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF . ALAN WARNER, COLORADO PLS 28668 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO LTD 2399 BLAKE STREET, SUITE 130 DENVER, CO . 80205 303-989-8588 PROJECT : 003038 V3 COMPAN IES OF COLORADO 2399 BLAKE STREET .. STE. 1301 DENVER, CO. 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX ILLUSTRATION FOR N 7/4 COR .. SEC. ,f EXHIBIT A CALCULATED POSITION NW COR SEC ,f NO MONUMENT FOUND OR SET FOUND 2-(/2°• ALUM, CAP SHEET 3 OF S CORNER FALLS IN SOUTH PLATT£ RIVE:/? POINT OF COMl./£NC£M£NT 50.14' WITNESS CORNcR / LS 114J4 N89'$6'$0"E BASIS OF BF:ARINGS FOUND J" BRASS CAP---.._____ LS22571 ~ ~ + --------fs'f~~-rJ/.1£4 ' 2~~~2~ --------------_ -~ '<t' 1-w w I (/) w w (/) ., J ,·-- . PRb~'OS ED ~RA~T S ,,,, /' F~!'v'ER PO:~~T S~BD . EAS EMENT CONTAINS APPROX. 18,569 SQ FT (0.426 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . EAST LINE OF nit:: N0RTHW£ST QUARTER OF SECnON 4 soo·1J'oJ-W 464.71' I / .... () I I Scal e : 1"=100' 0 100 ---FEET Denver, CO 80205 RIVERPOINT Scie11tists 3o3 .989 .sss8 voice NW 1/4, SEC . 4, T. 5 S., R. 68 W, 6TH PM 200 I ® Engineers 2399 Blnke street, suite 130 SOUTH SUB URBAN TRAIL EASE MENT S 303 .989 .9932 fax COUNTY OF ARAPAHOE, STATE OF COLORADO UrveyorS V3co .com 1--------,,-------,,------~ ORN : PM DATE : 12/1 3/06 JOB : 003038 COM!' AN!ES OF COLORADO LTD . 1-'c="K~Dc'-: -'-'-'"-----+"Sc.:_,C:..:.A:.;LE:,,..:.:.:1•""'=:..:;;1':"0C1~-+F==a=-=K~: ..::cN.:::.:/A==-----l -·-· - -·-·-·--- UNPLATIED ENGLEWOOD GOLF COURSE ILLUSTRATION FOR EXHIBIT A SHEET 4 OF 5 PROPOSED TRA8T S F~l\,'ER PCl~fi S~BD . PROPOSED TRACT ~~ Rl'v'ER POINT suaD . ·-·-·-.-- PF?OPOSED TRAS T D Rl'v'ER PC:trr s~aD. ---- 'SEE SHEET 5 FOR LINE & CURVE TABLE EASEME NT CON TAINS APPROX . 18,569 SQ FT (0 .426 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . Scale: 1"=100' 0 100 ---FEET SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT NW 1/4, SEC . 4, T. 5 S., R . 68 W, 6TH PM COUNTY OF ARAPAHOE, STATE OF COLORADO 200 I Scientists 3o3 .9s9.sss8 voice 303 .989.9932 fax Surveyors V3co .com @ E11gliieers 2399 Blake Street, Suite 13 0 Denver, CO 80205 t-D_R_N_:_P_M---~-DA_T_E_:_1_2/_1_3_/0-6-~J-O_B_:_D-03_0_3_8 __ .._. COMP A JES OF COLORADO LTD . r.C::-:'K":'::D""": -----s"=c'-A=LE""":"'"'1"""•='""1""00'--+'Fc"B=K.:...: =-N,""'A='---~ ILLUSTRATION FOR ~M Lie;; EXHIBIT A ~ ~~-~~;;~i SHEET 5 OF 5 :~ ·J-~=' LINE TABLE :::Q .'2 8 6 6 8: .e 9, •• 12/13/06 .. ~ LINE BEARING LENGTH ~-. -~ L1 S82"37'0B"W 3 6.35' U'/oiArr~~ L2 S66"17'45"W 35.77' L.3 N79'07' 12"W 37.30' L4 S63'46'36"W 58.78' LS S26'40'23"W 35.48' LS No o·o5'5s"E 12 .41' L7 N36'38'27"E 10 .05' LB N26'40'23"E 35.48' L9 N63'46'36"E 58 .78' L10 S79"07'12"E 37.30' L11 N66"17'45"E 35.77' L12 N82'37'0B "E 36.35' L13 N72"57'33"E 20.50' CURVE TABLE CHORD CURVE RADIUS DELTA LENGTH BEARING DISTANCE C1 20.00' 196'34'41" 68 .62' N08'33'22"E 39 .58' C2 212.00' 40'16'38 " 149.03' N69"54'30"E 145 .98' C3 98.00' 19'51 •5g" 33.98' S80"06 '49"W 33 .81 ' C4 ?57.00' 12'26'18" 55 .79' · N76"23'59"E 55 .68' cs 86 .00' 16'19'23" 24 .50' S74'27'25"W 24.42' C6 2?4.00' 34'35 '03" 135.21' NR~·~s '16"E 133. 17' C7 60.00' 3706'13" 38 .85' S82"19'42"W 38.18' CB so.on' 37'06'13" 38 .85' S45' 13'29"W 38.18' C9 157.00' 62'43'07" 171 .86' N58'01 '56"E 163.41' CID 143.00' 35'09'34" 87 .75' S71'4B'43"W B6 .3B' C11 157 .00' 28'59'55" 79.46 ' S74'53'33"W 7B .62' C12 143 .00' 62'43'07 " 156.53' N5B'D1 '56"F 146 .84' C13 74.00' 37'06'13" 47 .92' S45' 13'29 "W 47 .09' C14 74 .00' 37'06 '13" 47 .92' S82'1 9'42"W 47 .09 ' C15 210 .00' 34·35'03· 126 .76' NB3'35 '16"E 124.84' C16 10 0 .00 ' 16'1 9'23" 28 .49' S74'27'2 6"W 28 .39' C17 243 .00 ' 12'26'18" 52 .75 ' N76'23'59"E 52.65' C1B 112 .00· 19'51'59" 38.83' sao·o5• 49•w 38 .64' C19 198.00' 39·25·12· 136.23' N70'20'13"E 133 .55' C20 20.00· 61'25'53" 21.44' S00'26'55"E 20 .43' © Engineers 239 9 Blake Street, Suite 130 SOUTH SUBURBAN TRAI L EASEMENT Denver, CO 80205 RIVERPOINT Scientists 303,989 .8588 voice NW 1/4, SEC . 4, T. 5 S., R. 68 W , 6TH PM 303.989 .9932 fu COUNTY OF ARAPAHOE. STATE OF COLORADO Su111eyors V3co.com DRN : PM I DAT:: 12/13/06 I JOB : 003036 COMPAN IES OF COLORADO LTD . CKD : I SCALE : 1"=100' IFBK: N/A I EXHIBITB A 20 foot wide easement, situated in the west half of Section 4 , Township 5 South, Range 68 West, Arapahoe County, Colorado , along the following described centerline: Beginning at a point on the north r ight-of-way line of West Oxford Avenue, 75 feet (more or less) west of the South Platte Ri v er, where said line intersects an existing bike trail know as the "Mary Carter Greenway"; thence northerly along said existing bike trail a distance of 600 feet (more or Jess) to a pedestrian bridge; thence easterly across said bridge to the east side of the South Platte River; thence northerly and northeasterly continuing along the aforesaid existing bike trail a distance of 2,700 feet (more or less) to the western terminus of the easement defined in Exhibit "A". Survevor's Statement I, Dav id L. Henderson, a registered Professional Land Survey or in the State of Colorado , do hereby state that this Legal Description and attached Exhibit were prepared under my direct supervision and on the basis of my knowledge, information, and belief, are correct. This legal description and Exhibit were prepared to depict the approximate existing location of a bike trail and does not represent a monumented land survey. No field work was performed during the preparation of this description. A new legal description, based on a field survey , is r ecommended and anticipated after re-construction of the Englewood Golf Course is complete. \\\'.\\\11111111 ,,,,,,.,,, .. ,~''o..~\10 REr,i '~,~-. .. :· ~-.. ~ .. ·ti· J'1.,. ~-~ N', •• , LJ •• ~"' •• ,:C..,"'•~ ... .-. rA •o ,:,,..:_-. ,. ''-V V.;('~• '"-O .· ~ t·~ ~. ·~ § ·~ ~o._:: ~ :~. ' ~ ~ ~ : · 256 :z ~ ....-" ~ .~-· I :f ... ·-·, .•• L---. ~ .. ~ . . . . ..,,., · ... ,. O,i, •••••e• ";,\)~ ,-'$- David L. Henderson, Professional Land Surveyor .. ,,,,,E>'lt b1fi~-~y 12, 2007 Colorado P .L.S. No. 25632 For and on behalfof the City of Englewood Public Works Department 3 ~ I I I I < t .. :, ... ··_, ·:: .. --.. -.:--~· I- 0 0.. "' .u "' -- -~ --.._ " -~ -~ ~-----~ ~ -~ --l/') " ~ ----·--" ./') h ; t' / I I ,. .. .., ""'!.. \ ffl , ... ~~ :,.; •. I ., ~·",, ~ I• . . ' ,I RESOLurtON NO. SERIES OF 2007 A RESOLUTION ESTABLISHING LA TE FEES FOR MISCELLANEOUS LICENSE RENEWALS. q~, WHEREAS, the City Council of the City of Englewood, Colorado has amended the Ordinance relating to Miscellaneous License Renewals Late Fees , under 5-1-4 (C) EMC ; and WHEREAS , fees are more appropriately set by Council resolution on an annual basis; and WHEREAS , this resolution establishes Miscellaneous License Renewal Late Fees for the City of Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby approves the following Miscellaneous License Renewal Late Fees: A. Miscellaneous License Renewal Late Fee if the renewal is not submitted by December 31 of each year. $25 .00 annually ADOPTED AND APPROVED this 2nd of April , 2007 . ATTEST: Ol ga Wolosyn , Ma yor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007. Lou crishia A. Ellis, City Clerk • , ,, COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 2, 2007 9 Ci Resolution setting the late filing fee for miscellaneous license renewals not filed as required by the City of Engle w ood Municipal Code Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglew icz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council met with City staff to discuss the proposed changes to Title 5 at a Study Session on March 5, 2007. Council approved a Bill for an Ordinance imposing a fee on second reading on April 2, 2007. RECOMMENDED ACTION City staff recommends City Council approv e this Resolut ion setting the late fee for submitting m isc ellaneous li c ense renew als per Title 5, Chapter, Section 4 of the City Code at $25. BACKGROUND, ANAL,YSIS, AND ALTERNATIVES IDENTIFIED Miscellaneous license holders ha ve not had a penalty imposed for filing their rene w al applications late. Th is action is not intended to raise revenue, but as an incentive for licen se holders to file rene w al appl ications on a timel y basi s. FINANCIAL IMPACT The addition of this fee is not inte nded to or expected to raise significant revenues but, hopefully, it will encourage license holders to renew on a timely basis. LIST OF ATTACHMENTS Proposed Resolution COUNCIL COMMUNICATION Date: Agenda Item: Subject: Apri l 2, 2007 9 C ii Purchase of Dump Truck Initiated By: Staff Source: Utilities Department Ste w art H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff recommends that City Council approve, by Motion, the purchase of one, new ten-yard tandem dump truck from Transwest Trucks, Inc. in the amount of $79,166. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The propo sed t en ya rd tandem dump truck is used for haul i ng dirt and fi ll materi al fo r ma i n c onstructi on and repai r. It is also nec essary for installing and repa i ring sections of the City Ditc h. The new truck is a replac ement for the existing ten -y ard truck #1354, according to CERF replacement schedule. Requests for Bid w ere sent to fi v e v endors; fi v e responded : Tran swe st T ru c ks , Inc. M c C andl ess Intern at i onal M H C Kenworth Burt Chevrolet Colorado Mack FINANCIAL IMPACT Transwest Trucks, Inc. is the recommended bidder at $79,166. $ 79,16 6.0 0 $ 8 2,82 1.00 $ 83,725 .00 $ 85 ,7 91 .00 $110,594.35 It has been approved in the 2007 Budget for CERF replacement, under Sewer Acct. #411605. LIST OF ATTAC HMENTS Bid Proposal Tabulation City of E fewood Bid Tabulati on Sheet Bid Opening: 3/1 5/07 10 :00 a.m . ITEM: IFB..07-105, 53,200 GVW Ta ndem Axle Dump Truck Adden. 300Hp Parts Vendor YIN Qty Dump Truck engine opt. Manual : __ _. .dless International Ron 303-365-5387 1 s 81 ,631.00 S 1,190.00 s - 16704 E 32nd Ave ~Ul a , CO 80011 Bien Equipmer.t Co Tamie 303-364-1888 1 18000 E 22nd Aurora, CO 80011 Boyte Equipment Company Larry 303-287-1200 1 7550 Dahlia St Commerce City, CO 80022 MHC Kenworth Mike 720-941-0833 1 s 83,125.00 $ 300.00 7007 Sandown Rd Denver, co 80216 Kois Brothers Gary 303-298-7370 1 5200 Colorado BNd Commerce City , CO 80022 CokJrado Mack Lou 303-388~225 1 $ 110,088.35 $ 225.00 i-C850 Vasquez Blvd Denver, CO 80216 Transwest Trucks John 303-289-3161 1 $ 77,936.00 $ 800.00 $ 200.00 7626 Brighton Rd Commerce City, CO 80022 Burt Chevrolet John 303-789--6878 1 $ 83,612.00 $ 1,999.00 $ - 5200 S Broadway 1 $ 84,577.00 $ 1,999 .00 $ - Englewood .CO 80110 1 $ 80,976 .00 $ 1,999.00 $ . Shop Service Operator Manual Manual (3) s -$ - $ 300.00 $ - $ 247.00 $ 34.00 $ 200.00 $ 30 .00 $ 180.00 $ - $ 180.00 $ . $ 180.00 $ . - ----~ ~-··-~ ....- Total Bid Exceptions: N/C for manuals $ 82,821.00 International Model 7400 58A 6x4 See bid documents $ - NOBID $ -NOBID Did not bid 300 hp options $ 83,725.00 Kenworth T300 See bid documents $ -NOBID Did not bid 300 hp options s 110,594.35 Mack cab & Chassis See bid documents $ 79,166.00 FreighUiner See bid documents See bid documents $ 85,791 .00 Chev C8500 $ 86,756.00 Alternate #1 with OJ Watson Bed $ 83,155.00 Alternate '11-L wnn Layton oea (: -· -, COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 2, 2007 9ciii Civic Center Second Floor Carpet Initiated By: Staff Source: Public Works Department Rick Kahm, Public Works Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved an appropriation for carpet purchase and installation in the 2006 Capital Projects Fund budget. Staff presented an update regarding the carpet selection process at the March 26, 2007 Study Session . RECOMMENDED ACTION Staff recommends Council approve, by Motion, a contract for the purchase and installation of carpet on a portion of the second floor of Civic Center and authorizing the Director of Public Works to execute the contract. Staff recommends awarding the contract to Resource Colorado, the lowest responsible bidder for Masland Modular Carpet, in the amount of $64,271. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing broadloom carpet on the second floor of Civic Center, installed in 2000, is w orn and damaged. Funds were requested and appropriated to replace the rolled carpet with "tile type ca rpet". The use of ca rpet tile allows easy remo va l and replacement of damaged areas. Staff formed a carpet se lec tion committee to review alternatives with our cons ultant, Claudia Ingraham Designs. The committee, along with our consultant, evaluated sample styles and patterns from various manufacturers of carpet tile . To assure competitive pricing, the committee selected three carpets, manufactured by three different carpet companies. Bid documents and specifications were prepared with procedures for other manufacture 's to submit their products for consideration. An In vitation to Bid was listed on the Rocky Mountain E-Purchasing System . This system is used by 26 local area governmental agencies to advertise for bids. The "Base Bid " area includes replacing the carpeting in the Atrium, Community Room, and Council/Court Lobby. Contractors were required to provide indi idual pricing for three alternate areas . The alternate areas are located in the administrative areas of Municipal Court. Pricing the alternate areas separately allows the City to limit or increase the scope of work, depending upon pricing co ntra c tors provi de . Carpet contractors were allowed to prov ide pricing for one, two, or all thr ee of th e ca rpet types . Three contractors submitted bids for the project, as detailed in the attached Bid Tabulation. Resource Colorado provided the low bid for both Lees Carpet and Masland Modular Carpet types. Floorz LLP submitted the low bid for the Shaw Contract Group Carpet. Based on style, color, quality, and pricing, the committee recommends selecting the Masland Modular Carpet. Public Works staff recommends awarding a contract to replace the carpet in all four areas (Base bid and all three alternate areas). Removal of the old carpet and installation of the new carpet is scheduled to be completed by May 31,2007. FINANCIAL IMPACT Detailed below are the costs associated with the project: Resource Colorado Consultant Project Administration (Claudia Ingram Designs) Contingency Total Estimated Project Costs $64,271 3,800 3,000 $71,071 Adequate funds are available in the Capital Projects Fund (MYCP) for "Carpet Replacement". LIST OF ATTACHMENTS Bid Tabulation Sheet Contract Form , City of Englewood Bid Tabulation Sheet Bid Opening Date: March 1, 200710:00 a.m. ITEM BID: IFB-07-100 Civic Center 2nd Floor Tile Carpet Bid Add Lees Carpet Vendor Bond Y/N Kesource Colorado y y Main $ 43 ,rou .uu Mike 303-756-7100 Add/Alt 1 $ 3 ,321.00 700 W Mississippi Add/Alt2 $ 13,345.00 Denver, CO 80223 Add/Alt 3 $ 2 ,608.00 Total a1a $ .,.,,U.,4.UU Floorz LLP y y Main $ . Lloyd 303-574-0777 Add/Alt 1 $ . 9900 E 51st Ave Add/Alt 2 $ . Denver. CO 80238 Add/Alt 3 $ . Total a1a $ . Floors Galore Inc y y Main $ 82 ,980 .00 Sheldon 303-805-3722 Add/Alt 1 $ 5 ,880.00 10510 Dransfeldt Rd STE 102 Add/Alt2 $ 20,595 .00 Parker, CO 80134 Add/Alt3 $ 4 ,880 .00 Total Bid $ 114,;s;sS.oo Masland Modular Shaw Contract Carpet Group $ 44 ,ruo .uu $ . $ 3 ,346 .00 $ . $ 13 ,562 .00 $ . $ 2 ,658 .00 $ . $ 64,;,U l .UU $ . $ . $ 44 ,954 .97 $ . $ 3 ,072 .87 $ . $ 14 ,287 .08 $ . $ 2 ,726 .97 $ . $ 65,041 .89 $ 74 ,950 .00 $ 70,510 .00 $ 5 ,380 .00 $ 5 ,125 .00 $ 18 ,725 .00 $ 17,760.00 $ 4,455 .00 $ 4,240 .00 $ 1 o;s,51 o.oo $ BT,635 .oo Tab KIi SERVICE COIHRACT CITY OF ENGLEWOOD, COLORADO T HIS CONTRACT and agreement, rnade and entered into this 20 1 1i day ol March, 2007 by and between the C ity of Englewood, a municipal corporation of the State of Colo ra do here after referred to as t he "City'', and Resource Colorado, Inc ., 7(/l;West Mississippi Ave, C-4 , De nver, CO 80223 , he re aft er referred to as the "Contractor". /5 City desires that Contractor provide servi ces, for the Civic Center 2N° Floo r Tile Carpet and Installation and Contractor desires to pe rform sucl1 services on behalf of Ci ty on the terms nnd conditi ons set forth herein. the total estimated cost thereof being Sixty four t.housand two hundred seventy one dollars and no cents ($64,271.00). PROJECT: CIVIC CENTER 2ND FLOOR TILE CARPET AND INSTALLATION WHEREAS, proposals pursua nt to said adv e rtisement have been rec e ived by the D irector of P ublic Works or Author ized Re pre sentative with a re commendation that a cont ra ct fo r the CIVIC CENTER 2ND FLOOR TILE CARPET AND I NSTALLATION be awarde d lo lh e nb ove named Contractor who was the lowest reliable and responsible bidd er the refore, and WHEREAS, pursuant lo this rec omm endat ion the Co nt ract has been awarded lo lh':) Contractor by t he Director of Publ ic Works or Autl1orized Represen tativ e and said Contractor is now willing and E,b le to pe rform a ll of the wo rk in accordance with the advert ise men t and his proposal. NOW Tl-lEREFORE, in considerat ion of th e com pensation to be paid the Cont r.:ictor, and mutual ag reements contained in tt,is contract, the parti e s ag ree to t he following: Contract Do cu me nt s: It is agreed by the parties hereto that the following list of instruments , drawings and d ocu m ents whi ch are attached or incorporated by reference con stitute and shall be refe rred to eit her as the Conlract Do c um ents or the Co ntract between the parti es and they are as fu lly a part of this ag reement as if they were set out verba tim and in full. Invitation for Bid Gen eral lnrormation Gen eral Cond itio ns and Mi nimum Specifications Drawing A-1 01 Contract (this instru ment) Performance Payment Ma intenance Bond Special Provisions Insurance ~e of W ork : The Contraclor agrees to and shall f urn ish all labor, too ls . supplies, equ ipment. ma .ric:1ls a nd eve,yth ing necessary for and re quired to do, perform arid co m plete all the work descri bed , d rawn , set fo rth , shown and included rn said Contract Docum nt s. Te, 1s of rayrn ent: T he City ag rees to pay the Contractor for the perforrn a nci:l of a ll the \ o rk r c,q u 11 d un der th ,s contract, ~m d the Contractor ;:igrees to ;:icccpt as his fu ll and only compensation th ~r for , such sum or urns of money as may t e prop er in accordance with th price or prices ct I n h ,n the Co 11 l1 a tor's Propo ... ol , the total es timat~d cost t11ereot be ing Sixt fou r thousnnd t vo 1undr Ii <;ev nty o ne dollars ond no cents ( 64.271 .00 ) . . 1 Indemnifica ti o n: The City cannot and by this AgreemenUContract does not ag ree to indernnify, hold ha rmle ss, exo ne rate or assume the defense of t l1e Vendo r or any oth e r pe rson or entity, for any pu rpo se. The Ve ndor shall defend, indemnify and save harmless the City, its officers , agents and e mployees from any and all claims, d emands , s uits , actions or proc ee di ng s of any kind or nature in cl uding VI/Diker 's Compensa tion claims, in any way resultina from or arising out of this Ag re f!m en t/contract : p ro vided. however, that the V endo r need not indernn iry or save ha rmle ss the C ity, its office rs, ag e nt s anrl employees from dama ges re sulting frorn the so le negli ge nce of the Ci ty's offi cers, agen ts and emp lo yee s. Termination of Award for Convenience: Tile City may terminate the award et a ny time IJy giving w ritten notice to the successful vendor of such termination and specifying th e effec tive date of such te rrnin&tion. at least thirty (30) days before the effective date of such termina tion . In that event all fin ished or unfinished service, reports . material (s) prepared or furnished by the successful firm afte r the award shall, at the option of the City, become its property. If the aw ard is terminated by the City as provided herein, the successful firm will be paid that amount wh ich bears the same ratio to the total compen sation as the services actually performed or material furnished bear lo the total se rv ices/materia !s th e succes sful firm covered by the award, less payme nts of co mpe nsat ion p revi ou sl y made. If t he award is t erminat ed du e to t he fault of the succe ssful fi rrn. th e clause re la ting to terminati on of the award for cause sh all ap ply. Termination oi Awa rd for Cau se : If, through any cau se , the succes sfu l fi rm sh all fci il to ful fi ll in a timel y a nd pr o per manner its obl iga tion s or if th e su cce ssful firm shall vio late an y of th e cov ena n ts , ag re em ents or stipulations of the award . the City shall have th e right to ter m inate the aw a rd by giving wri tte n noti ce to the su ccessful firm of such termination and spe cifyin g the effective date of l errn in a ion . In th at eve n t, all furn is hed or u nfini shed services, at the opti o n o f the City , becom e its properi y, c'lnd the success fu l firm sh a ll be en ti tled to re ce ive just , equ itabl e compe nsa ti on for an y . at is facto ry wo rl; docu ments, prepared comp leted or materials as furni shed . N otwith sta nding the above , the succe ssful firm shall not be rel ie ved of the li a b ili ty to th e City for dc1 mages su st a ine d by the Cit y by virtue of breac.:h of the awa rd by the succe ssful fir m , an d th e C ity ma y withh old a ny payments to th e succes sf ul fi rm fo r th e p u rp ose of set off un til s u cJ-1 t ime as th e exact amount of damaacs d ue the Cit y fro m the success f u l fir m is determ in ed . ~propriation of funds : F u nds have bee n app rop riated for th e p roject. f\Jotwithsta nding any thi ng contai ned in th is Agree m en t to the co ntrary , in the eve nt no fun ds o r insuffic ient funds ilre o p p1 opriated and budgeted by the governing bo dy or are othe rwise unavailable fo r any reason in ,·:n y fo ll owing fiscal period for which appropria tions were received wi thou t penalty or expense exce µt ci s to those portions of the Agreement or other amou nts fo r wh ic t, fund s have a lre ady been n p oropriated or are othe1wise available . The City shall immediately notify Contractor or its ass ignee of such occurrence in the event of suc h termination. Jontra ct Bintiin,r It is agreed that I his Co ntract shall be bind ing on and inur to the ba ne fit of the pan ics here to, the i1 he irs. e xecu to rs , admin istrators, assrgns and su cc0 sso rs . ) ( Veri fication of Compl ia nce with C.R.S . 8-17 .5-101 ET.SEO. Reqardinq llleqal Aliens: (a) Emplovees. Contractors and Subcontracto rs: Contract or shal l not knowingly emp loy or contract with an illegal alien to perform work under this Contrncl. Co ntractor shall not contract with a subcontractor t11at (i) knowingly employs or contracts with an illegal alien to perform work under this Contract or (ii) fails to certify to the Contractor \h:=.it the subcontractor will not knowingly employ or contract with an illegal alien to perform worl< under this Contract . [CRS 8-17 .5-102(2)(a)(I) & (II).] (b ) Verification: Contractor has verified or attempted to verify \h rou~J h p.:irlicipntion in the "basic pi lot program"' (authorized by P.L.204 of 104 '~ Congress and amended by P.L.156 of 108 '" Congress) that Contractor does not employ any illegal aliens. And , it not accepted into the 'basic pilot program" prior to entering into th is Contract, Con tra clo r further verifies, Contractor will apply to participate in the "ba sic pilot program " every three months until Contractor is accepte d or th is Contract is completed, whichever is ea rlie r. [CRS 8-"17 .5- 102(2)(b)(I ).) (c) Limit atio n regard in g the "Basic Pilot Program: Contractor shall not use basic pilot prowam procedures to undertake pre-ernployrn ent screenin g of job appl ican ts while performing lh is Cont ract. [CRS 8-17 .5-102(2}(b)(II).] (d) D!!1Y to Terminate a Subcont ract: If Contractor obta in s actu,,I kn owl ed ge that a sub co ntractor performing work under 1his Contract knowing ly employs or cont ract s with an illegal alien, l he Contrac lor shall; ( 1) Notify tt1e subcontractor and the City within three days tha t the Con tra ctor has ac tual knowledge that the subcontractor is employing or contracting will, an illegal alien ; a nd (2) Terminate the subcontract with the subco ntractor if, wiih in three days of re ce iving notice that the Contractor has ac tual knowledge th at the su bcontra ctor is e mploying or contracting with an illegal alien , the subcontractor does not stop employing or co ntrac tin g witll lhe ill e gal alien . [CRS 8-17 .5-102(2)(b)(lll)(A) & (B ).J (3) Excep tion : If the subcontractor prov ides i nformat ion lo es tabl ish th at t11e subcon tractor tms not knowingly employed or contracted with ;111 ,11~9 al alie n and the •;uoc:ori l ract r slops empl oy i ng or contracting 1th the illegal alien. (0) Du ty to Comp ly with State Invest igation : Contrac tor shall comply wi th any r asor.able requ es t oi the Colo ra do Department of Labor and Employment ma de in the course of an rr1v sti ga lion pursuan t to C.R.S . 8-17.5-102 (5). [CRS 8-17 .5-102 (2)(b)(IV).J . 3. (f) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of this paragraph. Co n tr actor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled lo for a breach of this Con tract. IN WITNESS WHEREOF , the parties have caused this contract lo be sign ed persona lly or by th eir duly authorized officers or agents attested . This Contract is executed in 4 counterparts. CITY OF ENGLEWOOD By :-·-------------- Director of Public Works Or Authorized Representative ATicST: Loucr ish ia A. Ellis, City Clerk -4 . Company or Corporation by:-:;;;;,: ~// (Please I) ATIEST: (AstoC~ion) s';?'-.Sl+,1-, ~ Secretary t ORDINANCE NO . SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 25 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT AMENDMENT NO. 6 . WHEREAS, the Englewood City Council approved the Swedish Medical Planned Development in 1989 with additional amendments approved in 1989, 1990, 1992 , 1993 and Ordinance No. 10, Series of 2001 due to construction; and WHEREAS, Swedish Medical Center filed an application for Planned Development Amendment No . 6, to the Swedish Medical Center Planned Development; and WHEREAS , the proposed Planned Development Amendment No. 6, proposes an addition above the main entrance of the hospital located at 501 East Hampden Avenue; and WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing on March 6 , 2007, reviewed the Planned Development Amendment No. 6 and recommended approval ; and WHEREAS , the Swedish Medical Center Planned Development Amendment No . 6 , the expansion is intended to provide medical/surgical beds in private rooms to meet the growing consumer demand for patient-focused facilities and the reconfiguration from semi- private to private rooms ; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the City Ditch Encroachment Pennit and the Grant of City Ditch Crossing License to Swedish Medi ca l Center at the February 13 , 2001, meeting; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l . The Englewood City Council has reviewed Amendment No. 6 to the Swedish Medical Center Planned Development , attached hereto as " Exhibit A", and said Amendment is hereby accepted and approved by the Englewood City Council. Section 2 . Pursuant to Article V , Section 40 , of the Englewood Home Rule Charter, the ity Council has detennined that Exhibit A, attached to this Ordinance, shall not be published becau e of its size . A copy is available in the Office of the Englewood City C lerk . -1- Section 3 . The Mayor is authorized to execute and the City Clerk to attest and seal the "Swedish Medical Center Planned Development Amendment No. 6" for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 2nd day of "April, 2007. Published as a Bill for an Ordinance on the 6th day of April , 2007 . Olga Wolosyn, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 2nd day of April, 2007 . Loucrishia A. Ellis -2- ' ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 2, 2007 11 a i #ZON2007-001 Swedish Medical Center Planned Development Amendment No. 6 Initiated By: Staff Source: Swedish Medical Center Tricia Langon, Senior Planner Community Development Department PREVIOUS COUNCIL ACTION There has been no previous Council action concerning Amendment No. 6 . PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered the Sw edish Medical Center Planned De ve lopment (PD) Amendment No. 6 at a public hearing on March 6, 2007. The Commission vo ted 7 to O to forward the PD Amendment to City Council with a recommendation for approval. RECOMMENDED ACTION Recommendation from the Community Deve lopment Department to adopt a Bill for an Ordinance approving Amendment No. 6 to the Swedish Medical Center Planned Deve lopment. Staff also requests that Council schedule a Public Hearing on May 7, 2007 to take public comment on the proposed amendment. BACKGROUND The Swedish Medical Center campus is located in the area bounded by South Logan Street on th e west, East Girard Street on the north, South Clarkson Street on the east and East Hampden Avenue on the south. The surrounding area is zoned R-1-C and MU-R-3-B to the north, MU-R-3-B to the east and west, and MU-B-2 to the south. The Swedish Medical Center Planned Development was originally approved by City Council as Resolution Number 30, Series of 1989. Since then Council approved five amendments through Resolution No. 47, Series of 1989; Resolution No. 78, Series of 1990; Resolution No. 59, Series of 199.2; Resolution No. 26, Series of 1993 ; and Ordinance No. 10, Series of 2001. The Planned De ve lopment (PD) Ordinance, which overlayed de elopment criteria on existing z ning regulations, was repeal d with the adoption in 1996 of the Planned Unit Development (P D) Ordinance that rezoning a ite for flexible de elopment. This repeal did not affect the status of existing Planned Developments. Changes to existing Planned Developments are to be made under the procedures that were applicable to the initial approval of the Planned Development. ANALYSIS Amendment No. 6 proposes an addition above the main entrance of the hospital on East Hampden Avenue between South Pennsylvania and South Pearl Streets. This expansion is intended to provide medical/surgical beds in private rooms to meet the growing consumer demand for patient-focused facilities. Though the overall number of rooms increases with this expansion, only 5 additional hospital beds are provided because of the reconfiguration from semi -private to private rooms. The building on which the expansion is planned spans the City Ditch. Concurrent with this Amendment, the applicant is working with the Utilities Department to update the City Ditch License Agreement and Construction Agreement for this project. Amendment No. 6 meets the intent of the Planned Development Ordinance by providing for expansion of an approved use that is compatible with adjacent uses . LIST OF ATTACHMENTS Staff Report Findings of Fact Proposed Bill for an Ordinance C T y 0 F COMMUNITY i, ENGLEWOOD DEVELOPMENT To: Thru : From: Planning and Zoning Commission ,r-1\ /' Robert Simpson, Director Community Devel opment l / V Tricia Langon, Senior Plann~ March 6, 2007 IL-Date: Subject: Case #ZON.2007-001 Public Hearing -Swed ish Medical Center Planned Development Amendment No. 6 APPLICANT: Swedish Medical Center 501 East Hampden Avenue Englewood, Colorado 80113 REQUEST: The Applicant is requesting approval of Amendment No. 6 to the ex isting Swe di sh Medical Center Planned Development (PD ) for the addition of t w o floors above the existing operating rooms over the main hospital entrance on East Hampden Avenue . RECOMMENDATION: The Community Development Department recommends that Sw edish Medical Center Planned Deve lopment Amendment No. 6 be approved conditioned on City Council appro val of a revised City Ditch License and Con stru ction Agreements. LOCATION OF PROPERTY: The subject property is lo cated in the area boun ded by South Lo gan Str ee t on the w est, East Girard Street on t he north, South Clarkson Street on the east and East Hampden Avenue on the south . The surrounding area is zoned R-1 -C and MU-R-3-B to the north, MU-R-3-B to the east and west, and MU-B-2 to the south . ZONE DISTRICT: MU-R-3-B Mixed-se Residential District. PROCEDURE : PIJnned D eve lopm en t reg ulations were repealed with the adoption of the Planned Unit D eve lopment Ordinance in 1996. The repeal did not change the status of existing Planned Developmen t s and amendmen t s to existing Planned Developments are to be made under th e procedures th at were applicable to the initial Plann ed Deve lopment. 1000 n I wood PJrl.., y Engl wood, Color do 80110 PHO , E 303 -762 -2342 FAX 303-783·6895 www en I ~oo 10 or1 The Planning Commission is required to hold a Public Hearing on the proposed A mendment to the Pl anned De v elopment. The recommendation of the Planning Commission to approv e or den y the Planned Development must be forwarded to City Council w ithin 30 day s of the Public Hearing. City Council ma y choose to hold a Public Hearing on the proposed Planned Development, or City Council may act upon the recommendation of the Pl annin g Commission without holding a Public Hearing. BACKGROUND : The original Sw edish Medical Center Planned Development was approv ed b y City Council as Resolution Number 30, Series of 1989, and subsequently amended b y Resolution Number 4 7, Series of 1989; Resolution Number 78, Series of 1990; Resolution Number 59 , Series of 1992; and Resolution Number 26, Series of 1993 . In 2001 Council appro ved Amendment No. 5 by Ordinance Number 10, Series of 2 001 allowing the expansion of the main surgical department to accommodate up-to-date surgical facilities. Amendment No. 6 proposes an addition above the main entrance of the hospital which is located on East Hampden A v enue betw een South Penns y lv ania and South Pearl Streets . This expansion is intended to provide medica l/surgical beds in private rooms to meet the gro w ing consumer demand for patient-focused facilities . Though the overall number of rooms incre ases w ith this expansion , only 5 additional hospital beds are provide because of t he re c on fig uration from semi -pri va te to pri va te rooms . DEPARTMENT AND AGENCY REVIEW: Building and Safety: N o comment. Co mmunity D evelopm ent: Site is a Planned Dev elopment. Per PD regulations, amendments to the approv ed PD must be processed through the same procedures as the original PD application . En gineer ing Ser v i ces: (To be addressed under Building Permit ) A ll co nc ret e work mu st be brou gh t to C i ty St and ards. A ll c u rb ramps bro u gh t u p t o new DOJ standa rds. A ll drainage must be directed to t he Pu b lic Way. All work in the Public right-of-way requires permits from Pub lic Works. Any unused Drive Cuts must be closed per City Standards . Fir e : (To be addressed under Building Permit ) Fire access to all hydrants, fire command center and fire department connections shall remain open during construction . Traffi c: No comment. Utilities: The U tilities Department will require a new City Ditch License Agreement and Construction Agreement to be signed before construction of this project. The City wi ll also require the existing City Ditch to be potholed for location and the pipe to be ideo taped before and after construction of the addition. Wa t ewa t r: No comment. 2 l ANALYSIS: In reviewing a Planned Development amendment the following standards are to be applied : 1. Uses permitted. The use of the property which is the subject of the Planned Development, shall be a Permitted Principal Use in the Zone District in which the Development is located, or a use permitted pursuant to other provisions of the Zoning Ordinance. Hospital use is permitted in the MU-R-3-B zone district pursuant to Table 16- 5-1-Table of Allowed Uses of the Unified Development Code. 2. The Planned Development shall be consistent with the intent of the Comprehensive 3 . Plan and the policies therein . Roadmap Englewood: 2003 Engle w ood Comprehensive Plan recognizes that Swedish Medical Center is an anchor of the City's economy and with its conversion to a for-profit enterprise the hospital will continued to grow. Furthermore, consistency w ith the Comprehensi v e Plan has been validated through the approval of the original PD and its fi ve subsequent amendments. The Comprehensi ve Plan recognizes the long-ran ge expansion of Swed ish Medical Center and notes that it w ould be a catal y st for further redevelopment: "The City also sees a potential for additional businesses that will provide goods and services to hospital employees, patients, and visitors ." Without Swedish Medical Center this goal w ould not be achieved . The Planned Dev elopment's relationship to its surroundings shall be considered in order to av oid adverse effects to the existing and possible future development caused by traffic circulation, buildin g he ig ht or bulk, lack of scree ning or intrusions of privacy. The proposed expansion is lo cated above the hospi tal 's main en tr ance which is currently 53 feet 4 inches tall . The expansion consists of two occupied floors (private rooms ) and 1 interstitial "floor" that houses mechanical equipment and transitions between the floor le ve ls of the expansion and the existing patient tower building behind the expansion. The proposed expansion increases the building height to 93 .5 feet which exceeds the current maximum 60 feet building height in the MU-R-3-B district. The PD regulations allow for two types of plan changes: administrative changes required for engineering or other circumstances not foreseen at the time the development was approved, and ''a ll other changes." These other amendments "must be made under the procedures that are applicable to the initial approval of a Planned Development." Therefore any request for an 3 amendment to the approv ed plan must be re v ie w ed and appro v ed through the PD process . The hospital towers and other buildings exceeding the 60 feet ma ximum building height were developed w hen the follow ing Height Exception regulation was part of the Englewood Municipal Code: "A principal permitted building or structure, or a building or structure permitted by Conditional Use, ma y exceed the height limitation for the particular Zone District in which said building or structure is located if, for each additional foot of height. an additional foot of side yard is prov ided in addition to each minimum side yard required" (emphasis added ). In the MU-R-3 -B District the minimum side yard requirement (setback) for hospital use is 15 feet. Allowing the ex pansion using this height exception requires that the structure be a minimum of 15 feet (the required setback) Q.lli.§. 33.5 feet (93 .5' -60 ') from the campus ' side property lines . The subject building is set back more than 600 and 300 feet respectively from the campus 's side (east and west ) property lines . Swedish Medical Center has little de velopable land available for ground-level expansion unless it ex pands b ey ond the current campus boundaries b y encroachin g into reside nti al are as. Ba sed on the City's reco gnition th at the hospital will ex pand and public sentiment duri ng the Medical Center Small Area Plan public m eetings not to see f urther ex pansion into residential areas , the hospital has no room to ex pand but up . 4. M in i mum requirement s for u sable open spa c e shall be set through the o ve rall desi gn and amen ities propo se d for d ev elopm ent. The r eq uired landscaped ar ea req u i reme nt for non resid e nti al us es in th e MU-R-3-B zone dis tr ict is 25% of the tota l si t e. Wi th th e footpr i nt expa nsio n unde r Amendment No. 5 the overa ll landscape cove rage was 27.33%. The addition of two floors in Amendment No. 6 over existing footprint does not appreciably change the overall landscape coverage. ::,. The number of off-street parking spaces in the proposed development shall not be less than the requirement of Comprehensive Zoning Ordinance. The City's minimum parking standard for a hospital is one space for every tvyo beds, plus one space for every two employees on duty. The proposed expansion will result in an increase of 5 beds or a total of 3 73 beds . The employee coun t is expected to remain at approximately 1,000 people. Based on th ese numbers the minimum parking requirement is 63 7 parking spaces . 4 Walker Parking Consultants conducted a parking stud y in 2001 that i dentified 2,196 available parking spaces w ere on the Swedish Hospital campus . Since then , 26 2 spaces have been added at surface parking lots on South Emerson Street (the former Engle w ood Garden Center ) and on South Pearl Street. These new lots bring the total parking suppl y to 2,458 spaces . Therefore the expansion does not require additional parking to be pro v ided . Swedish Hospi tal w ill prov ide temporary on -sit e par kin g for construction personnel. 6. Site Plan . The appro v ing agencies shall be satisfied that the site pl an for the Planned Development meets all the follo w ing requirement s: a. If the proposed development includes multi-fa mil y or nonresidential buildings or structures and is adjacent to a single-family residential use district, the development shall contain a buffer. The proposed surgical and critical care expansion is at the Hospital 's main entrance and is not adjacent to single-fami ly residential districts . b. Within the Planned Development, sufficient space must be prov ided betw een buildings and structures, giv ing cons ideration to their intended use, their location, des i gn and h ei ght, the placem ent and ext ent o f facing wi ndow ar eas, and th e topograph y and other such oth e r natur al f ea tur es as w ill as sure pri vacy and a pleasant environment. The proposed ex pansion o v e r the ex istin g surgical fa ci lities of Medical Center does not increase the footprint, lot cov era ge, or decreas e setbacks of de velopment as approved on pr ev ious amendments . c. If th e area of t he developme nt is suc h th at an intern al ci rc ul ati o n sys t em is necessary, su ch a sys t e m sha ll b e desig n ed fo r t he type of t raffic t ha t w ill be ge n erat ed, and all cu rbs at en trances and o the r access poi nt s sha ll have ramps t o facilitate access for the handicapped and bicycles . The proposed amendment does not modify the existing configuration as the existing internal circulation sy stem remains unchanged. d. Bic y cle and pedestrian trails are to be provided where the City bicycle and /or trail plan or the Regional Bicycle Transportation Plan shows such trail or trail corridor. Bic y cle and pedestrian trails are not proposed for this expansion on th e Swedish Medical Center campus . 5 e. The site plan shall provide for the ma ximum preservation of natural drainage areas, vegetation and other desirable features . As with Amendment No 5, roof runoff will be collected in roof drains and then conveyed to existing on -site storm sewer facilities . No additional drainage facilities are required as the expansion occurs entirely within the existing Swedish Medical Center campus . In terms of the overall development plan, Amendment No. 6 is consistent with the intent of the Comprehensive Plan and the Planned Development requirements. 6 City of Englewood, Colorado: Swedish Medical Center Main Campus (J 150 J(l(J 450 fppf ( Development Name : CITY OF ENGLEWOOD COMMUNITY DEVELOPMENT DEPARTMENT 1000 Englewood Parkway Englewood, CO 80110 762-2342/FAX 783-6895 www.ci.englewood.co.us LAND DEVELOPMENT APPLICATION FORM Swedish Medical Center Property Address : 501 E. Hampden Ave. Englewood, CO 80110 Present Zoning: ID-R-:B w/ ID ()er-lay Acres~· ____ Existing Use: M'.J-R-:B w/ FD ~lay Legal Description : (attach separate sheer if necessary) Application Type : Rezoning : from ro. ___________ _ ModificJtion of Planned Unit Develop111e 11 t:[_JAd111i11istrative [_J Formal District Plan Name: _________________ _ Sl1bdiv isio11 :[_J Preliminary Map [_J Fi11al Plat Vacation of:[_J Easement [_J R1ghr-of ,way Condi11onal Use Permit for _________________ _ Other ID Aredtet. APPLICANT INFORMATION N~n~ Erin Petersen Firm : HealthoNE LLC dba Swedish Medical center Address:501 E Hampden Avenue Englewood, CC 00110 Phone/Fax/E-Mail : _____________________________ _ Architect / Planning Consultant Information Contact Person Name: ... o .. a .. v ...... i ... d...__.G,._r.,_e..,,g..,o ... r"-6-y ____________________ _ Firm : Gon) d Turner Group, PC Address : uon Harding Road Sujte ]000 Nashville TN 37205 Phone/Fax Number/E-mali I 61 S l 2 9 7-31 2 2 I I 6 J 5 l 2 9 2-4 7 8 6 Engineering Consultant Information Contact Person Name: Kurt j s w W l 1 l jams Firm : JR Engj needng, LLC Address : 6020 Greenwood Plaza Blvd, Greenwood Village. co 00111 Phone/F ax/E -mail : ( 3 0 3 I 74 0 -9 3 9 3 / ( 3 0 3 I 72 1 -9 0 1 9 PROPERTY OWNER INFORMATION : l1 s1 le&•l n~m e •nd addre'5 of all persons •nd companies who hold an inlerest 111 the here111 describ"d properly, whether as owner . 1110,rgagor, lessee, op11onee , holders of deedJsl of 1rus1, etc. for corporate owners or partnerships, 311ac hed sep•r3te sheet 1f nec essary . lndividual(s) Name :----------------Ph one ·------------- Firm : ----------------------------------- Address:---------------------------------- Corporation/Partnership r-. ame of Carper a tion/P a rtne rsh1p, ....1H:i.et:..o::1a..J)..Jt..;hw..OccNuE:.._.I1.c,.1.T...r..C.....JdWJblllaL......S:i.lel11U:eu;.di..l1..s:u.ib.....::M1.1e:id.u.i ... c ... a .. J ...... .1..C.i:e:.10.1.t....,e"'r Address/City/State/Z ip : 501 E, Hampden ~ve, Englewood, co 8011 O State o f Reglstrallon : -----------------------------ames of Officers/Partners, ______________ _ (Please indicate who Tille will be signing any agreements 1f n e c essary ) CERTIFICATION: I hereby certify 1h;it, 10 the best ol my knowledge and belie(, 3M ,nlorn1•11on wpplied with 1h11 aµpl1c•11o n 11 tr ue an d accura1e am.I 1h~t c onstnl o( th o H: penoo, l151e<.J ~bO\<e , w11hau1 whose cu,uen, lhe ,cques ttU ac 11on c ttnnot lawlully IJe ;ac comph ih t d , h a s Ueen ar J11te d A licl1 H011 ;\l 1,>eniuu1on 11 h erel.Jy 1ran1cd to the C•ty o f t n glew ooci u•ff 10 ph ys,c, ll y ,ns pect th e sul>1ec1 pr opert y amJ r,,ke l-)li o1 01ra ph1 Al necen~ry for pr epar.1 1100 o f the case ~ 'L, I ~--+-)(" /.J DATE I 0 /1:10 12 SIGNATURE OF APPLIC NT -1 ':':3<\>-<-!',J,,,.( I , "'!',,, J.~· _ { 10• OfFICf USE OMV c .. , Num b••---,,Of t <• M>n.~.r --l'ro,ott [r I"""--011t Sut,,n.u ea __ Ac c ,p11cJ lh ~ IC°'""' u .ot, H•""'I ___ C14 ~ CO\.M\Cil Htll •'I __ Health Swedish ~ Medical Center January 19, 2007 Tricia Langon City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE: Swedish Medical Center Expansion Dear Ms. Langon, Mary M. White President / CEO 50 l East Ha mpden Av enue Englew ood, Colorado 80 11 3 303 .7 88 .6227 Phone 303 . 788.62 6 9 Fax Swedish Medical Center is requesting an amendment to our PD for the expansion and remodeling of the patient care units . The project includes the addition of two floors over the operating rooms, renovation of floors 7-10 of the main tower, renovation of the 5th floor for a NICU and the expansion of the lobby of the facility. The project allows SMC to meet the growing demands of the community we serve. SMC has differentiated itself with high-end services and has created an environment conducive to surgeons and specialists . Strategic investments in imaging, operating rooms and critical care have favorably positioned SMC in the market. However, more than ever, SMC is experiencing (_ consumer backlash due to its dated environment and physical plant. Competing in an environment where private rooms with private baths, healing gardens and other patient-focused facilities are the expectation, SMC has 61 % of its Medical/Surgical beds in semi- private configurations. While SMC clearly differentiates itself by providing the resources for specialty physicians, it is experiencing considerable concern for not guaranteeing modem, private facilities . The hospital routinely receives feedback from the Medical Staff that it is becoming increasingly difficult to convince patients that the care they will receive at SMC outweighs the concern that their care will be pro vided with a roommate . We do not believe the bed tower expansion project will add significant traffic or parking demand for the campus . Thus, the community served by Swedish will benefit greatly by the bed tower expansion project. We request the City of Englewood join us in supporting this very important addition to our community . Sincerely, Mary ite President/CEO January 19, 2007 ~ Tricia Langon City of Englewood JR ENGINEERING I 000 Englewood Parkway Englewood, CO 801 I 0 RE: Swedish Medical Center Expansion-Drainage Evaluation Dear Ms. Langon, A W~strrnn Company The purpose of this letter is to provide drainage information to support the construction of the expansion of the Swedish Medical Center. The site improvements with the expansion are mainly located beneath covered areas of the site, which will not be exposed to surface runoff. A small portion is located outside of the covered area and will be exposed to surface drainage .This area is a re-development of existing drive lanes and sidewalks . The proposed improvements are drive lanes and sidewalks; therefore, there will not be an increase to imperviousness. In regards to the proposed improvements, I feel no increase to the current surface runoff will be experienced or impacts to the existing drainage system. If you have any questions or concerns, please contact me at 303 .740.9393 . Sincerely, Vil . CO 111 nttn "' m CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ZON2007-001, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT AMENDMENT NO. 6 INITIATED BY: SWEDISH MEDICAL CENTER 501 EAST HAMPDEN AVENUE ENGLEWOOD, CO 80113 ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Pre sent: Diekmeier, Krieger, Roth, Knoth, Brick, Mosteller, Welker Commission Members Absent: Bleile, Fish This matter was heard before the City Plannin g and Zonin g Commi ss ion on M arch 6, 200 7 in the C ity Council Chambers of the Engle w ood Ci v ic Center. ( Tes timon y was recei v ed from staff and the appli ca nt. The Commi ssion rec ei ve d notice o f ,. the Public Hearing, the St aff Report and blueprint s from JR Engineerin g dated 2/2 3/0 7, w hi ch w ere incorporated into and made a part of the record of the Public H earin g. A ft er con sidering the statements o f the w itne sses, and re vie w ing the pertinent docum ent s, th e memb ers o f th e City Plannin g and Zonin g Commi ss ion made th e follo w in g Finding s and Co ncl usion s. FINDINGS OF FACT 1. THAT the Public Hearing on the Swedish Medical Center Planned Development Amendment No. 6 was brought before the Planning Commission by Swedish Medical Center by the filing of an application in January 2007. , THAT the permitted public notice was properly given by publication in the Englewood Herald on February 16 , 2007, and by posting of signs on the propert setting forth the date, time, and location of the Public Hearing. 3. THAT testimony was received from Senior Planner Langon, on the history of the S\ edish Medical Center Planned Development and the subsequent Amendments th reto. Ms. Langon also testified that the proposed amendment was reviewed by the City's D elopment Re iew Team . Ms. Langon cited one outstanding issue con rning th City Ditch and that a licen e agr ement and constr uc tion agreement re b in prepared con urrentl v ith the amendm nt. 4 . THAT testimony was received from Will Wagnon, COO of Swedis h Medical Center. Mr. Wagnon testified regarding the overall project; reconfiguring from semi-private to pri vate rooms with the addition of five more hospital beds, the encroachment into the City Ditch; traffic; parking; regarding the construction work; hours of operation; and construction parking. CONCLUSIONS 1. THAT the Public Hearing on the Swedish Medical Center Planned De ve lopment Amendment No. 6 was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper and by posting of the property for the required length of time. 3. THAT the permitted use is allowed in the MU-R-3-B zone district. 4 . THAT the proposal is consistent with the intent of the goals and objecti v es of Roadmap Englewood: The 2003 Englewood Comprehensive Plan . 5. THAT the landscaping requirement of 25% of the total site is met. 6. THAT the minimum requirement of 63 7 spaces of off-street parking is met. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2007-001 should be referred to the City Council with a favorable recommendation. The decision was reached upon a vote on a motion made at the meeting of the City Pl ann ing and Zoning Commission on March 6, 2007, by Mr. Welker, seconded by Mr. Knoth , which motion states: CASE #2007-007 , SWEDISH MEDICAL CENTER PLAN NED DEVELOPMENT AMENDMENT NO . 6, BE RECOMMENDED FOR APPROVAL TO C/7Y COU CIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION WITH THE CONDITION THE CITY DITCH REQUIREME TS BE MET. Diekmeier, Krieger, Roth, Knoth, Welker, Mosteller, Brick one one Bleile, Fish 1 ti o n carri d . These Findings and Conclusions are effective as of the meeting on March 6, 2007. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Don Roth, Chair :::.9'SION MC~ .:.Jc~ ~~r,C:!'i~CPIICU:.Trs.~.;k~f I rS Ak IIIQ.UO[S THC AOOITM:111 OI t-.o rLC)CIM ()\(• TH( CPUtATIC IIOCWS, MNOYATIOH OT fLOOltS 7-10 a, THC MU. TOIi[•, IICNOYAnQN Of TH( ~1W (LOOR (Cit A MCU NC> TH( (JIPANSIQN a, THC L088Y OI M fAClllTY. TH( ~CT AU.OW5 SMC TO MCET THl ~ DCMANOS OI THC COIIIIIUMTY .: SC~. 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SERIES OF 2007 A RESOLUTION APPROVING THE ADOPTION OF THE DOWNTOWN AND MEDICAL CENTER PLAN WHICH WILL BECOME PART OF "ROADMAP ENGLEWOOD: 2003 ENOWiWOOD COMPREHENSIVE PLAN". WHEREAS, at the 2006 Council Economic Development Retreat, City Council designated economic and community revitalization and redevelopment as a top priority; and WHEREAS, in response to that direction, Community Development created a proposal to conduct a community planning and visioning process for Downtown Englewood and the Swedish-Craig Medical Center districts; and WHEREAS, eight first-round stakeholders' meetings were held on October 3"1, 41h , 101h and 11 111, 2006; and one public open house was held on October 17111, 2006; in order to gather infonnation from stakeholders to be incorporated into a set of goals and objectives; and WHEREAS, the Englewood Planning and Zoning Commission reviewed and discussed current conditions and urban design examples in study sessions open to the public; and WHEREAS, the Planning and Zoning Commission held a public hearing on the draft "Downtown and Medical Center Small Area Plan" on March 6 , 2007; and WHEREAS , the Englewood Downtown and Medical Center Small Area Plan Goals and Objectives were presented to the Alliance for Commerce in Englewood on February 8111, 2007 to favorable comment; and WHEREAS, the Planning and Zoning Commission reviewed, discussed and edited the small area plan preliminary goals and objectives that were developed through the community stakeholder public planning process and recommended approval of the Plan with transmittal to City Council for final action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the adoption of the "Downtown And Medical Center Goals And Objectives Plan," attached hereto, which will become part of Roadmap Englewood: 2003 Englewood Comprehensive Plan. ADOPTED AND APPROVED this 2nd of April, 2007. AITEST: Olga Wolosyn, Mayor Loucri hi A . Elli , City Clerk ,--------.. -• I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk ' I : ' • 1 ; ; ' I ' ' • : : I I ' ( -··~· DOWNTOWN AND MEDICAL CENTER GOALS AND OBJECTIVES RESIDENTIAL NEIGHBORHOOD AND HOUSING GOALS Goal 1 Promote and increase home ownership within Downtown and Medical Center residential neighborhoods. Obj. 1-1 Encourage the conversion of detached single-unit homes from rentals to owner- occupied homes. Obj. 1-2 Explore the potential for converting a number of existing multi-unit buildings to condominium ownership or as hotel suites for hospital visitors. Obj. 1-3 Market residential neighborhoods to young family and single professional home buyers seeking to purchase homes in the South Metro area. Obj. 1-4 Work with the Englewood School District to improve neighborhood schools in order to attract more families with children. Goal 2 Promote neighborhood and property maintenance and improvements within Downtown and Medical Center residential neighborhoods. Obj. 2-1 Encourage home maintenance and home improvement investments in the existing housing stock. Obj. 2-2 Explore ways to assist seniors with home maintenance and improvement. Obj. 2-3 Revitalize and enhance existing multi-unit buildings. Obj. 2-4 Improve neighborhood cleanliness and appearance. Obj . 2 -5 Encourage the rehabilitation of sub-standard rental homes. Obj. 2-6 Encourage home additions and exterior upgrades. Obj . 2-7 Explore investments in alley, lighting, and landscaping improvements. Obj . 2-8 Work with neighbors and businesses to reduce and minimize neighborhood parking conflicts. 1 I ' I I . i I I I I I I Goal 3 Encourage investments in new housing within the Medical Center area. Obj. 3-1 Encourage the development of move-up housing, featuring larger home sizes and modern amenities. Obj. 3-2 Develop design standards for new housing that are compatible w ith existing neighborhood character. Obj. 3-3 Encourage the development of a variety of compact housing types. Obj. 3-4 Encourage housing developments that meet the needs of seniors and medical workers near commercial and transit corridors. Obj. 3-5 Encourage mixed-use developments near commercial and transit corridors featuring first-floor commercial space, with offices or housing units on upper floors. Obj. 3-6 Ensure that new housing provides appropriate off-street parking and loading areas. Goal 4 Encourage investments in new housing within the Downtown area. Obj. 4-1 Encourage mixed-use developments along the Broadway corridor featuring first- floor commercial retail space, with offices or housing units on upper floors . Obj. 4-2 Encourage the development of multi-unit housing in off-Broadway areas of Downtown. Obj. 4-3 Ensure that new housing provides appropriate off-street parking and loading areas . TRANSPORTATION GOALS Goal 1 Continue to support, operate, and improve the ART Shuttle. Obj . 1-1 Explo re ex t ending hours of ope rat io n t o incl ude nigh t s and weeke nds. Obj . 1-2 Re-eva luate the number of current stops provided to decrease wai t ing and travel time. Obj. 1-3 Explore route changes or additions to include Broadway, the eastern portion of Old Hampden Avenue, or other public facilities . 2 . i ' ' I Goal 2 Explore potential improvements to the Downtown and Medical Center area street system. Obj. 2-1 Evaluate signalized intersections for the provision of green -arrow, left-hand turns . Obj. 2-2 Evaluate alternative lane configurations in order to reduce accidents. Obj. 2-3 Explore ways to decrease speeding. Obj. 2-4 Improve public directional signage. Obj. 2-5 Minimize traffic volumes on residential streets . URBAN DESIGN AND AMENITIES GOALS Goal 1 Enhance the Downtown and Medical Center urban streetscape. Obj. 1-1 Develop wider, safer, handicapped-accessible sidewalks, pedestrian paths, and pedestrian crossings throughout the area , and especially near hospitals and senio r facilities . Obj. 1-2 Enhance existing store fronts and develop design standards for new buildings . Obj. 1-3 Upgrade the appearance of alleys, including burying over-head utilities, enhancing building facades, and improving drive surfaces . Obj. 1-4 Increase the presence of art throughout the Downtown and Medical Center areas. Obj. 1-5 Enhance st reetscapes with urban design features incl uding benches, ligh t ing, planters, banners, street furniture, and bicycle racks. Obj. 1-6 Develop wayfinding systems that serve both public and commercial interests. Obj. 1-7 Develop designs for all streetscape el ements that enhance the existing residential and commercial charac ter. Obj. 1-8 Develop entryport gateways for the Old Hampden corridor at U.S . Highway 285 and at Broadway that serve to identify the corridor as a unique commercial area . Obj. 1-9 Establish a unique identity for the Broadway and Old Hampden corridors through the use of public signage and banners . 3 Obj. 1-10 Expand creative signage program to the Old Hampden corridor. Obj. 1-11 Encourage the incorporation of environmentally-friendly, "green" architectural elements, systems, and designs into new development projects. Goal2 Increase park, open space, and trail capacities and service levels, both within Downtown and the Medical Center and beyond. Obj. 2-1 Create pedestrian-friendly, tree-lined streets and pedestrian paths. Obj. 2-2 Develop small-scale, public open space areas. Obj. 2-3 Explore ways to increase safety in neighborhood parks, open space areas, and trails. Obj. 2-4 Develop an enhanced pedestrian-bicycle route and trail system connecting neighborhood parks, residential neighborhoods, and commercial areas. BUSINESS AND MEDICAL IMPROVEMENT GOALS Goal 1 Promote the Broadway and Old Hampden corridors as fine-grained, pedestrian-oriented commercial districts. Obj. 1-1 Encourage fine-grained development that fills in missing gaps in the retail streetscape, and is compatible with existing buildings. Obj. 1-2 Promote mixed-use projects featuring first-floor retail and upper-floor residential and office uses . Obj. 1-3 Encourage exterior upgrades to existing buildings. Obj. 1-4 Encourage infill projects that are compatible with existing building scale and character. Obj. 1-5 Allow existing properties and stru ctures to be renovated and converted to accommodate new business formats . Obj. 1-6 Discourage the establishment of new auto-related uses . Obj. 1-7 Encourage existing auto-related businesses to relocate and work with property owners to redevelop auto-oriented properties. 4 Obj. 1-8 Provide greater flexibility in establish i ng parking requirements and meeting parking needs . Goal 2 Expand opportunities for the recruitment and development of neighborhood-serving businesses within the Downtown and Medical Center districts. Obj. 2-1 Strengthen existing businesses, and encourage support from local residents . Obj. 2-2 Attract retailers offering cultural and artistic goods and services such as music, books, art, crafts, antiques, collectibles, home furnishings, and other hobbies. Obj. 2-3 Attract restaurants, cafes, and pubs offering full-service, sit-down dining for lunch or dinner. Obj. 2-4 Attract a major anchor to the Downtown district such as a regional activ ity generator or an entertainment venue. Obj. 2-5 Develop over-night and extended-stay hotel accommodations for business and hospital visitors. Goal 3 Work closely with Swedish and Craig Hospitals to accommodate facility expansion in a manner that preserves and enhances the quality of life in surrounding neighborhoods. Obj. 3-1 Encourage hospitals to expand, directing vertical development away from the edges of residential areas. Obj . 3-2 En c oura ge medi ca l facility expa nsi on to include c ommercial space i ntended to serve the ne eds o f the medi ca l co mmun ity, ho spital vis it ors, and nei ghborhood reside nts. Obj. 3-3 Discourage further hospital expansion beyond current hospital-owned properties north of Girard Avenue, or into residential areas east of Logan Street. Obj . 3-4 Work with hospitals to develop employee and visitor parking and transportation solutions that protect surrounding residential neighborhoods. 5 DOWNTOWN SUB-AREA GOALS Downtown Sub Area 1 Goal Preserve, revitalize, and enhance the historical Broadway main street corridor in Sub-area 1. Obj. 1-1 Encourage property owners and businesses to upgrade storefronts along Broadway. Obj. 1-2 Encourage fine-grained development along the Broadway street frontage that fills in missing gaps in the retail streetscape, and is compatible with existing buildings. Downtown Sub Area 2 Goal Extend the historical Broadway main street character into Sub-area 2. Obj. 2-1 Explore and implement parking alternatives that effectively protect surrounding neighborhoods. Obj. 2-2 Enhance area w ith streetscape improvements and attractive store fronts in order restore a pedestrian -oriented, main street character. Obj. 2-3 Work to replace auto uses with new commercial development that includes entertainment, restaurants, and retailing offering cultural and artistic goods and services . Downtown Sub Area 3 Goal Transform the suburban, auto-oriented character of sub-area 3 to a more pedestrian-oriented cha racter, with a stronger business mix. Obj. 3-1 Explore redeveloping area with a mixed-use project. Obj . 3-2 Enhance area with exterior upgrades, strong retail tenants, and additional commercial space. Obj. 3-3 Explore opportunities to develop a stronger commercial street edge, through the development of new buildings and streetscape improvements. Obj. 3-4 Explore new street configurations that create a safer and more pleasant pedestrian experience . 6 MEDICAL CENTER SUB-AREA GOALS Medical Sub-area 1 Goal Encourage the medical community to expand medical facilities within sub-area 1. Obj. 1-1 Encou rage hospitals to expand on existing medical community properties. Obj. 1-2 Allow hospitals to expand verticall y, while ensuring appropriate transitioning of height toward surrounding residential areas . Obj. 1-3 Work with hospitals to develop employ ee and v isitor parking, transportation, and signage solutions that protect surrounding residential neighborhoods. Medical Sub-area 2 Goal A Strengthen and stabilize the neighborhood character of the existing residential portions of sub-area 2 through revitalization strategies. Obj. 2A-1 Reduce the number of single-unit rental homes through con v ersion to home o w nership . (_ Obj. 2A-2 Ex pand and c on c entrate programs/loans /gr ants for rev italizin g old er homes. Obj. 2A-3 Strengthen enforcement of codes concerning yard m ai ntenan c e, junk, and outside storage . Obj. 2A-4 Discourage hospital expansion in the residential portion of sub -area 2. Obj. 2A-5 Explore the potential for revitaliz i ng existing multi -un it bu i ldin gs. Medical Sub-area 2 Goal B Encourage c hange in existing comme rcia lly-zo ne d areas of sub-area 2 alo ng the O ld Ha mpden corridor. Obj. 2 8 -1 Encourage the development of new mixed-use projects including medical facilities, offices, housing, and small -scale commercial uses along the Old Hampden corridor. 7 Medical Sub-area 3 Goal A Strengthen and stabilize the neighborhood character of the existing residential portions of sub-area 3 through revitalization strategies and limited reinvestment strategies. Obj. 3A-1 Reduce the number of single unit rentals homes through conversion to home ownership. Obj. 3A-2 Expand and concentrate programs/loans/grants for revitalizing older homes. Obj. 3A-3 Strengthen enforcement of codes concerning yard maintenance, junk, and outside storage. Obj. 3A-4 Discourage further hospital expansion beyond current hospital-owned properties north of Girard Avenue. Obj. 3A-5 Encourage replacement of sub-standard rental properties with various types of compact housing that are compatible with the existing neighborhood scale and character. Obj. 3A-6 Explore the potential for revitalizing existing multi-unit buildings . Medical Sub-area 3 Goal 8 Encourage limited change to Swedish-owned properties immediately adjacent to Girard Avenue. Obj. 38-1 Support acceptable medical-supportive facilities or offices that are compatible with existing neighborhood scale and character. Obj. 38-2 Explore the potential use of design standards to create a buffered transition zone between Swedish Hospital and the residential portion of sub-area 3. Medical Sub-area 4 Goal Promote sub-area 4 as an area of change. Obj . 4-1 Encourage the development of new mixed-use projects including medical facilities, offices, housing, and small-scale commercial uses along the Old Hampden corrid or. Obj. 4-2 Encourage replacement of sub-standard rental properties with various types of compact housing that are compatib le with the existing neighborhood scale and character. 8 . -. I ! . ! ! J 1 i I I • I I I I Obj. 4-3 Explore the potential for revitalizing existing multi-unit buildings. Medical Sub-area 5 Goal A Strengthen and stabilize the neighborhood character of the existing residential portions of sub-area 5 through revitalization strategies and limited reinvestment strategies. Obj. 5A-1 Reduce the number of single unit rentals homes through conversion to home ownership. Obj. 5A-2 Expand and concentrate programs/loans/grants for revitalizing older homes. Obj. 5A-3 Strengthen enforcement of codes concerning yard maintenance, junk, and outside storage. Obj. 5A-4 Encourage replacement of sub-standard rental properties with various types of compact housing that are compatible with the existing neighborhood scale and character. Medical Sub-area 5 Goal 8 Promote sub-area 5 as an area of change along the Old Hampden corridor. Obj. 58-1 Encourage the development of new mixed-use medical facilities, offices, multi-unit housing, and small-scale commercial uses along the Old Hampden corridor. Medical Sub-area 6 Goal Promote sub-area 6 as an area of change. Obj. 6-1 Encourage the development of new mixed-use medical facilities, offices, multi-unit housing, and small-scale commercial uses . Obj. 6-2 Allow greater development intensity, and encourage mixed-use development throughout the sub-area. Obj . 6-3 Explore the potential for revitalizing existing multi-unit buildings. Obj. 6-4 Explore potential parking and transportation management options for accommodating new and existing development. 9 i ' I : Ii ' COUNCIL COMMUNICATION Date: April 2, 2007 Initiated By: Agenda Item: 11 Ci Subject: Englewood Downtown and Medical Center Small Area Plan-Goals and Objectives Staff Source: Community Development Department John Voboril, Planner Brook Bell, Planner PREVIOUS COUNCIL ACTION The Englewood Downtown and Medical Center Small Area Plan Goals and Objectives were presented to City Council at the February 20th City Council Study Session. PREVIOUS BOARD AND COMMISSION ACTION The Englewood Planning and Zoning Commission reviewed and discussed stud y area current conditions and urban design examples in study sessions held on September 6 '\ September 19th, and October 17th, 2006. The Commission reviewed, discussed, and edited the small area plan preliminary goals and objecti v es that were developed through the community stakeholder public planning process, in stud y sessions held on January 9•h and 23'd, 2 00 7 . The Commission held a Public Hearing on the Englewood Downtown and Medical Center Small Area Plan Goals and Objectives on March 6 'h, 2 007, making a formal motion for a recommendation for adoption by Resolution , by the Englewood City Council. The Engle w ood Downtown and Medical Center Small Area Plan Goals and Obj ec ti ves w ere presented to the Alliance for Commerce in Engle w ood on February 81h, 2 00 7. RECOMMENDED ACTION Staff requests that City Council approve a Resolution adopting the Englewood Downtown and Medical Center Small Area Plan Goals and Objectives as an addendum to Roadmap Englewood: The 2003 Englewood Comprehensive Plan . BACKGROUND In response to the direction laid out by City Council to make economic and community revitalization and redevelopment a top priority at the February 26th . 2006 Council Economic De elopment Retreat, Community Development created a proposal to conduct a community planning and visioning process for Downtown Englewood and the Swedish-Craig Medical Center districts. The first phase of the process was intended to introduce community stakeholders to the idea of neighborhood planning for a better future, engage the stakeholders in the planning process : I ' ' . I I l ' I I I 1 I I I I I I through a presentation on the current conditions in the two districts, and ask questions of the stakeholders designed to solicit feedback on issues and desired outcomes pertaining to housing, business, urban design, transportation, and parks and open space. Stakeholder responses would then be used to formulate goals and objectives. Approximately 5,400 letters including an invitation to register for the stakeholder meetings were sent out to all residents, property owners, and business owners with personal interests both within and one block beyond the study area boundaries during the second week of August. Registrations received back totaled 350. A total of eight first-round meeting sessions were held on October 3 'd, 4th, 1 oth, and 11th, 2006. Stakeholders comments from all of the meetings were compiled and summarized, and sent out by mail and email to all registered stakeholders . Second-round meetings were held on November 14th and 15th, 2006. Preliminary goals and objectives were presented along with the corresponding stakeholder comments that were used to create them. Staff received favorable feedback on the preliminary goals and objectives from the attending stakeholders. The Englewood Planning and Zoning Commission was also heavily involved in the de velopment of the Englewood Downtown and Medical Center Small Area Plan Goals and Objectives. Three study sessions were held to analyze study area current conditions, and to go over urban design examples from around the Denver Metro Area . Two additional study sessions were devoted to making improvements to the preliminary goals and objectives . On March 6th, 2007, the Commission held a public hearing on the Englewood Downtown and Medical Center Small Area Plan Goals and Objectives. The Commission made a motion to recommend the adoption by resolution of the Englewood Downtown and Medical Center Small Area Plan Goals and Objectives by City Council. FINANCIAL IMPACT There is no direct cost associated with this Resolution . The Englewood Downtown and Medical Center Small Area Plan Goals and Objectives present a future v ision for the two districts, as well as policy statements that articulate the various key aspects of the vision . The next step in the planning process is to dev elop potential strategies designed to achieve the goals and objectives. Funding for the strategies will come from departmental budgets, federal housing funds, grants, capital improvements programs, and pri va te sources . LIST OF ATTACHMENTS Planning and Zoning Commission Public Hearing Minutes Planning and Zoning Commission Public Hearing Findings of Fact Proposed Resolution CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION March 6, 2007 I. CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. in the City Council Chambers of the Engle w ood Civic Center, Chair Roth presiding. Present: Diekmeier, Brick, Welker, Krieger (ente re d a t 7:0 5), Knoth, Roth, Mosteller Absent: Fish (Excused), Bleile (Excused) Staff: II. Tricia Langon, Senior Planner John Voboril, Planner Brook Bell, Planner Nancy Reid, Assistant City Attorney APPROVAL OF MINUTES February 6, 2007 Mr. Brick moved : Mr. Di e kmeier seconded : TO APPROVE THE FEBRUARY 6, 2 00 7 MINUTES AS WRITIEN . AYES : NAYS: Bri c k, Knoth , Roth, Welker, Most e ller, Di ekmeier, Krie ge r None ABSTAIN: None ABSENT: Bl e ile, Fish M o tion ca rri ed . Ill. PUBLIC HEARING Case #ZON2007-00 1 ChJir Roth stated the issue before the Commission is Case #ZON2007-001, Swedish MedicJI Center Planned Development Amendmen t No. 6. Chair Roth asked for a motion t o open the public hearing. Mr. Welker moved: Mr. Di kmeier se ond d: THE PUBLIC HEAR ING 0 PENED . CASE #ZON2007-00 1 BE Brick , Knoth , Roth , Most lier, Welker, Di 1 krneier, Krieg r N n Non, fi h, Bl 1 il" Motion carried . Chair Roth asked staff to present the case. Senior Planner Langon was sworn in. She stated the case before the Commission tonight is Case #ZON2007-001 , Amendment No. 6 to the Swedish Medical Center Planned Development. Already presented for the record is proof of publication that the Public Hearing was noticed in the Englewood H erald on February 6, 200 7 and Certificate of Posting that the property w as posted properl y for th e required 1 5 d ay s. Am endment No. 6 of the Swedish Medical Center Planned Development i s a proposal for con stru c tion of a 40 foot expansion above the operating rooms located o ve r the main entranc e of the hospital building located at 501 East Hampden Av enue . The Community Dev elopment Department recommends that the Planning and Zoning Commis sion forward a recommendation to City Council approving the Planned Development Amendment No. 6 with the condition that there be approval of a revised City Ditch License Agreement and Construction Agreement. The current zoning of the site is MU-B-2 (Business District) and MU-R-3-B (High Density Residential District). The portion that is being con sidered tonight for expan sion i s w ithin the MU-R-3-B District. The original Swedish M edical Center Planned D ev elopment wa s approv ed by City Council in 1989. There hav e been five pre v ious Amendments . Amendments in 1989, 1990, and 1992 we re for the medical office buildings. Amendment No. 4 occurred in 1993, which dealt with th e futur e build-out of the facility . In 1996 th e Pl anned Dev elopm e nt, w hi c h i s an o ve rla y zonin g, wa s rep ea led in fa v or o f adoption of the Pl ann ed Unit D eve lo pm ent Ordin anc e. Th e rep ea l did no t ch ange th e statu s of exi stin g Pl ann ed Developm e nt s, such as the Swedi sh M edi ca l Center. An y am endm ents to th e Pl ann ed Development were to be mad e und e r th e sa me procedures as the ori gin al Pl ann ed D ev elopment. In 2001 Amendment No. 5 d ea lt w ith th e creation of the curr ent e ntran ce w ith surgical floor abov e. The intent of Amendment No. 6 and th e exp ansion is to prov id e m edi ca l and surgical bed s in pri v ate ro o m s to m ee t the patient focu se d facility th at Swedi sh M edi c al C e nter is . Th e reconfi g urati o n of se mi -pri va te room s to pri va te room s th at is occurr in g w ithin th e ho spital and i s p art o f th e ex p ansio n proj ec t add s o nl y fi ve additio nal beds t o th e ho spital. Th e exp ansio n req uir es a 40 foo t ex te n sio n o f th e c u rrentl y 53 fo o t t all en t ry area and sur gica l suites above. Tha t 40 foo t expans io n includ es two occ up ied fl oo rs of private roo m s an d o ne inters titi al fl oor th at w ill house m ec hani ca l equipm e nt and also serve as a t ransition for the different levels of flooring between t he new expans ion and t he existing patient tower to the north of the building. The proposal was reviewed by the Development Review Team, which consists of seven departments or divisions in the City. II identified i sues have been resolved except the outstanding issue of revision of the City Ditch License Agreement and a Construction Agreem nt. The applicant is working with the Utilities Department to achieve this requirement. Community Development asks that the Planning Commission finds that Amendment o . 6 meets the fi e Planned Development ·tc1ndards: 1. The use is a p rmitted use within the zone district. Hos pit al use is an all owe d use wi thin th e MU -R-3 Di stri ct 2 2. That the propo sed Amendment No. 6 is co n sist en t w ith the Comprehensi ve Plan -Roadm ap Englewood 2003 . Englewood Comprehensive Plan recognizes Swedish Medical Center is an anchor to the City's economy. It is the largest employer in the City. The Plan also recognizes that the hospital is in a growth mode and is also a catalyst to further redevelopment in the City. 3. The proposed Amendment No. 6 takes into consideration the effec t s on the surrounding area . The proposed expansion is located above the hospital's main entrance, fully within the hospital campus, all set-backs are maintained as they have already been previously approved, the opportunity for public comment is being presented through this process, and the hospital is aware of public sentiment favoring upward development of the hospital rather than horizontal expansion into the residential areas. 4. That the Landscaping requirement is met. Under Amendment No. 5, in 2001, the landscaping was identified at 27.33%. The minimum requirement is 25%. Since the expansion is upward other than a small area for a stairwell, the degree of landscaping that will be removed is minimal. 5. That the off-street parking requirement is met. The City's minimum requirement for the hospital is based on the number of beds and maximum number of employees on a shift. That number is 637 parking spaces. The medical center provides 2,458 spaces. Staff bel ieves that the overa ll deve lopm en t pl an for Amendment No. 6 is cons i stent with the intent of the Comprehensive Plan and the Pl an ned Development Standards and th erefore seeks approval. Ms. Langon offered to answer any questions the Commi ss ion might ha ve. Ms. Mostell r asked Ms. Langon to clarify the height limitations in relation to the height exc ption regulation that was in pla e before . Ms. Langon stated the urrent height of th building ,, ith the surgical unit is 53.5 fe t. The Ordinance under which this PD was apprO\ d was a maximum height oi 60 feet; however, th ere was an excep tion that allowed for every foot of additional sid set-bJ k provid d beyond th requirem nt, th e building ·ould go up an additional foot. Th building is 53 feet; they want to go to 93 feet , a diff e ren e of 40 f e t. On ea h side etba k th ey ha\'e to meet the initial 1 5 feet side t- h,1 k plu s 40 f et p r side. That equals 65 fe t from th e ide of the building to th e sid I roper t line . id property lin s ar Clark on on th East and an adjoining prop rty to th \ , t. Th C, it onsid r the full c;:1mpu a the property . Th y are pro iding from th l I uilcling in qu !>lion more than 00 f t on on sid and mor than 600 f t on th oth r. Mr. Welker asked if the increase pertains to only this one building and not to other buildings on the campus. Ms. Langon stated that was correct. Amendment No. 6 is for just the one building. Chair Roth thanked Ms. Langon. Mr. Will Wagnon, Chief Operating Officer at Swedish Hospital was sworn in . A short PowerPoint presentation was shown. A rendering of the proposed expansion was shown and discussed. He stated the last major renovation was in 1973. Swedish feels it needs to migrate to private rooms to remain competitive in today's healthcare environment. He stated the hospital is focusing expansion vertically and to the south side of the hospital , away from the north side of the facility. The net impact in beds is only five medical/surgical beds to the entire facility . The hospital feels by making these changes they will be able to offer a private patient room environment for all the community they care for. Pending approval of the PD and obtaining a building permit, construction would begin in the third quarter of 2007. The expansion over the current operating rooms would be complete in the first quarter of 2009. Converting the existing semi-private rooms to private would take an additional two years . All construction associated with this Amendment would be complete in 2011 . The west Emerson parking lot will be used for construction traffic and the hospital will adhere to the 6 a.m. to 9 p.m. construction time zones . There will be some unique sensitivities related to the City Ditch, which the hospital should be ab le to successfully accommodate. Mr. W ag non as ked the Commission ers if the y had an y que stions. Th ere w ere non e. Ch a ir Roth asked if there was an yone present who would like to address the Commission . There was no one. Mr. Diekmeier moved : M s. Krieger seconded : THE PUBLIC HEARING ON CASE #ZON 200 7-001 BE CLOSED. AYES: NAYS: Br ic k, Kn o th , Ro th , W elk er, Di ekm eier, Kri ege r, M os t ell er Non e ABSTA I N: None ABSENT: Bleile, Fish Motion carried. Mr. Welker moved: Mr. Knoth seconded: CASE #ZON200 7-001 , SWED ISH MEDICAL CENTER PLANNED DEVELOPMENT AMENDMENT 0. 6, BE RECOMMENDED FOR APPROVAL TO CITY OUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION WITH THE CONDITION THE CITY DITCH REQUIREMENTS BE MET. Y S: Bri k, Knoth , Roth , Welker, Di km ier, Mo teller, Krieg r Y : Non 4 (_ ABSTAIN: ABSENT: None Bleile, Fish Mr. Welker said he felt the expansion fall s within the realm of what has been discus sed extensively by the Commission and during the Small Area Plan meetings with the public and is the direction that we approve of, going up and increasing density rather than the perimeter where it impacts the neighborhood more. Ms. Mosteller echoed that comment. She appreciates the hospital making the effort to find a solution that went up instead of out. She also said she believes the proposal is consistent with the Comprehensive Plan and as an anchor employer in the community she said it's great that they are modernizing and making themselves competitive. Ms. Krieger said things the Commission is usually concerned with, such as the shadow lines and the bulk plane, the hospital has managed to keep the impact to a minimum on the surrounding neighborhood. Overall visually it does not impact the surrounding neighborhood much at all. At this time Chair Roth asked for a vote. Motion carried. PUBLIC HEARING Case #2007-04 Chair Roth stated the issu e before the Commi ssion is Case #2 00 7-04, Englewood Downtown and Medic al Cente r Small Area Plan. Ch air Roth asked for a motion to ope n the public hearing. Mr. Brick moved: Ms . Krieger seconded : THE PUBLIC HEARING ON CASE #2 00 7-0 4 BE OPENED . AYE S: N AY S: Bri c k, Kn o th , Roth , Moste ll e r, W elk er, Di ekm ei er, Kri ege r N o ne A BSTA IN : N o ne ABSENT : Bleile, Fish Motion carried. Chair Roth asked staff to present the case. Mr. Voboril , City Plann r, was sworn in . Mr. Voboril provided for th r cord proof of publicJtion for a publi notic to condu t J publi h aring for th Downtown and Medical enter Small Area Plan whi h , a publi h d February 16, 2007 in th Engl wood Herald. The ngle\\ ood b.t~i ~111 • t, bli ·h J p lie: dirt I> u~t d b , th ommunit 'n , re 5 designed to foster economic revitalization and community redevelopment within the two districts. These strategies will then be compiled, prioritized and organized within the framework of a work program that will cover a period of five to ten years that will help the Community Development department design and implement the vision that was articulated through the development planning process that was conducted with the stakeholders. Staff will continue to work closely with the stakeholders in the coming years to begin developing the details that the Goals and Objectives support. Tonight Staff requests that the Planning Commission conduct a public hearing on the Downtown and Medical Center Small Area Plan in order to judge the adequacy of the public planning process, determine if the Goals and Objectives of the Small Area Plan are consistent with and in conformance with the Englewood Comprehensive Plan, and ultimately to make a recommendation for adoption by City Council by Resolution, approving the Goals and Objectives found in the Small Area Plan as official public policie s of the City of Englewood. Mr. Brook Bell, City Planner, was sworn in . He provided a brief description of the public planning process up to date. Mr. Voboril presented the Findings of Fact that support adoption of the plan Goals and Objectives for the consideration of the Planning Commission members: 1 . Th at resident s, property owners and business owners having person al int e res t s within and one bloc k beyond th e stud y ar ea bound ari es we re in v it ed to p articip ate as o mmunity stakehold e · 11 •he En glewoo d Dow ntow n and M edi ca l C enter Small Ar ea Plan stak eholder plannin g prn ces s. 2. That eight fir st-round stakeholder s meetings were held on October 3, 4, 10 and 11 , 2006; two second-round stak ehold ers meetings were held on November 14 and 15, 2006 ; and one public open house w as held on October 1 7, 2006; in ord er to gath er information from stakehold ers to be incorporated into a set of goal s and objecti ves. 3. Th at th e En glewo o d D ownt ow n and M edi ca l Cente r Sm all A rea Pl an goa ls and objec ti ves ad equ at e ly ca pture th e int ent of stakehold er c omm ent s. 4. That the Englewood Downtown and Medical Center Small Area Plan goals and objective are con istent with the intent of the goals and objectives of Roadmap Englewood: The 2003 Englewood Comprehensive Plan. 5. Tha t the Englewood Downtown and Medica l Cen ter Small Area Plan should be adopted as a poli y document to guide the development of implementation strategies for th two di t ri t . Mr. V boril and Mr. B II offer d to an wer any qu stions or clarifi ations th ommission 111d I,._ V • Mr. Bri k ask d h w th t..11 d w di sh M di , I pl, n r infor a quality workfare nt r i th City 's larg t mploy r ( employers in terms of wages and benefits . The growth of the hospitals and encouraging them and allowing them to grow in a responsible manner will help bring more high paying jobs to Englewood. There were no further questions . Chair Roth thanked Mr. Voboril. Chair Roth asked if there was anyone who wished to address the Commission . Maureen White of 3271 S Grant Street was sworn in. She said she didn 't think the wording of the goals was very strong. She feels a lot of them are great ideas , but don't say exactly how they are going to be accomplished. She stated her greatest concerns are with the attention that was paid to rental single-family homes and attempts to eliminate those as if those were the only big issues. She does not believe they are. She believes if the City is going to create more apartment buildings the City should require they have on -site management. She said she would like to see the word "appropriate " changed to "adequate" in regards to parking requirements . She said it would be nice to have a movie theatre and clothing stores in the City. She stated she lives in Englewood and is a teacher at Littleton High School. It is sad to hear about the kids that open enroll at Littleton High School. Something needs to be done to improve Englewood Public Schools . She suggested a youth program in the summer to help the elderly with the upkeep and maintenance of their homes. Lastly , she shared concerns about cleaning up the old trees in the City. Chair Roth asked if there w as an yone else who would like to address the Commission . There w as no one. Mr. Welker asked St aff is they would like to comment on Ms. White's testimony. Mr. Voboril commented on the goals not being that strong. The public did w ant to have more precise answers as to what could be done in their neighborhoods. The way the plannin g process works is if you ge t down into the details right away you can get v ery bogged dow n and not ge t anywhere with th at type of appro ac h. Fir st you need to take a v ery big view o f th e are a and try to get pe ople to think in th e bi gg er pi c tu re. The Goals and Obj ecti ves are not as pr ecis e as m any of yo u w ould lik e, but th ey give a good guid elin e o f w here we go fro m here. Thi s i s a co ntinu al p rocess th at w ill go o n fo r five t o t en yea rs. Th e nex t st e p is to take th e tim e t o d eve lop m ore sp eci fi c st ra teg ies. H e stat ed th ere w ill be a m ee t i ng w ith t he stakeholders this year to begin to slowly get more and more defined as we go. Mr. Welker stated part of the process is defined by what City Council authorizes to happen . They have asked Staff to put it out on the table as a small area plan . It is not the last step , it i just the beginning. Mr. Brick said he lik d th _ suggestion to change the word "appropriate" to "adequate" in r gards to parking. Mr. W lk r TH PUBLIC HEARIN A E #200704 B ED . 7 Q ___ __ AYES: NAYS: Brick, Knoth, Roth, Welker, Mosteller, Diekrneier, Krieger None ABSTAIN: None ABSENT: Bleile, Fish Motion carried. Ms. Krieger moved; Mr. Knoth seconded CASE #2007-04, ENGLEWOOD DOWNTOWN AND MEDICAL CENTER SMALL AREA PLAN, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. AYES: NAYS: Brick, Knoth, Roth, Welker, Diekmeier, Mosteller, Krieger None ABSTAIN: None ABSENT: Bleile, Fish Ms. Mosteller said she is really excited about the Small Area Plan and that it has so many different residents and business leader's fingerprints on it. She believes it is go in g to be very meaningful once we get to the point where we are actually starting to see some change that the people want and ask for. It does a great job of capturing some of the objectives in the City's Comprehensive Plan, particularly in the areas of housing, transportation and environmental quality. She thanked the attendees for attending and participating in the process . Mr. Welker said he felt Ms. White's comments were right on . He had one amendment to the comments from a previous Small Area Plan discussion. On page 8 under Medical Sub Area 1 the word "blocks " should be "two lots north of Girard". He also had comments on Englewood students attending Littleton High School. He said he was very glad to see the public attend the meeting and asked them to continue to let the Commission know when th ey are on-track and off-track as the City continu e s thi s process. He also encouraged them to ser ve on a Board or Commis sion . M o ti o n ca rri ed . IV. PUBLIC FORUM Th re was no one presen t to address t he Commission . V. ELECTION OF OFFICERS Mr. W Iker mov d : M . Mo tell r ond d: D N ROTH BE RETA I ED AS CHA IR AND BRI AN BLI ELE BE RETAINED AS V I E CHA IR Sri k, Knoth , Roth , Welk r, Mo t II r, Di km r, Kri ger N o n (_ ABSTAIN: ABSENT: None Bleile, Fish Motion carried. VI. STAFF'S CHOICE Ms. Langon stated at the March 20, 2007 meeting t he Commission will be looking at more UDC topics. Mr. Knoth signed up to attend the DRCOG Planning Commission seminar at DU on March 10111 • Ms. Langon sent out an email to all Commissioners regarding a DR COG seminar on economic development to be held on March 22, 2007. If anyone would like to attend they are to contact Staff. Since Mr. Fish is ill tonight and could not attend pictures of he and Mr. Calonder will be taken at a later date to update the Commission 's profile. VII. A TIORNEY'S CHOICE Ms. Reid stated she had nothing to report. VIII. COMMISSIONER'S CHOICE Mr. Welker commented on Gertrude Welty's passing. Gertrude was the Planning and Zoning recording secretary for many years . Ms. Krieger said she attended the service . Ms. Mosteller asked in the future if the Commission would like to discuss the idea of community/neighborhood identity. Mr. Welker said it has been discussed before, but may be time to talk about it again. Ms. Krieger asked what the benefit would be . Ms. Mosteller said she believed the Commission would have to think about outcomes before spending a lot of time on it. The meeting adjourned at 8:30 p .m. 9 - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA TIER OF CASE #2007-04, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE ENGLEWOOD DOWNTOWN AND ) MEDICAL CENTER SMALL AREA PLAN ) ) ) INITIATED BY: ) COMMUNITY DEVELOPMENT ) DEPARTMENT ) 1000 ENGLEWOOD PARKWAY ) ENGLEWOOD, CO 8011 O ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Diekrneier, Krieger, Roth , Knoth , Brick, Mosteller, Welker Commission Members Absent: Bleile, Fish This matter was heard before the City Planning and Zoning Commission on M arch 6, 200 7 in the City Council Chambers of the Engle w ood Ci v ic Center. Te stimony was recei v ed from staff and the general public. The Commi ss ion rec eived no ti ce of the Public Hearing and the Staff Report w hich w ere incorporated into and made a p art of the record of the Public Hearing. Aft er c on siderin g the statem ents of the w itnes ses, and reviewin g the pertin e nt docum ent s, th e m emb er s of the City Pl annin g and Z o nin g Commi ss ion made th e follo w in g Findin gs and Concl usion s. FINDINGS OF FACT 1. TH AT the Public Hearing on the Englewood Downtown and Medical Center Small Area Plan was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT notice of the Public Hearing was published in the Englewood Herald on February 16, 2007 . 3. THAT residents, property owners, and business owners having personal interests within and one block beyond the study area boundaries were invited to participate as community stakeholders in the Englewood Downtown and Medical Center Small Ar a Plan stakeholder planning process . - 4. THAT eight first-round stakeholders meetings were held on October 3•d , 4 111 , 1 0 111 and 11 1h, 2006; two second-round stakeholders meetings were held on November 14 111 and 15 1h, 2006; and one public open house was held on October 1 71h, 2006; in order to gather information from stakeholders to be incorpo rat ed into a set of goals and objectives. 5. THAT the Englewood Down to wn and Medical Center Small Area Pl an Goals and Objectives are consistent w ith the intent of the goals and objectives of Roadmap Englewood: The 2003 Englewood Comprehensi ve Plan . 6. THAT the Englewood Downtown and Medical Center Small Area Plan should be adopted as a policy document to guide the development of implementation strategies for the two districts. CONCLUSIONS 1. THAT the Public Hearing on the Englewood Downtown and Medical Center Small Area Plan was brought before the Pl anning Commission by the Department of Community Development, a department of the City of Engle wood. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publi ca tion in the official City newspape r. 3 . THAT Staff submitted the original in vitation letter and registration form sent to approximately 5,400 addresses inviting the residents to partrcrpate as community stakeholders in the Englewood Downtown and Medical Cent er Small Area Plan stakeholder pl anning process . 4. THAT Staff submi tted the fi rst round stake holder meetin g noti ce letter that advertised th e dates and time s and th e second round stakeholders meeting notice letter th at adver ti sed th ose meeting dat es and times. Staff subm itted the ac tu al summ arized comments to the questions asked th at were sent out between the first and second round of stakeholder's meetings for comparison. 5. THAT the Englewood Downtown and Medical Center Small Area Plan Goals and Objectives are consistent with the intent of the goals and objectives of Roadmap Englewood : The 2003 Englewood Comprehensi ve Plan . Downtown and Medical Center Goals and Objectives dealing wi th Housing are consistent with and in conformance with the Comprehensive Plan Housing goals 1, 2, 3, and 4 . Downtown and Medical Center Goals and Objecti ves are consistent with and in conformance with Comprehensive Plan Parks and Open space Objecti es 1-2, 5-1 and 5-2. Downtown and Medical Center goals and Objectives are consis tent wi th and in conformance\ ith the Comprehensive Plan Business and Employment Goals 1, 2, 3, 4 and 5. Downtm n and Medical Center Goals and Objecti es are consis tent with and in conforman \ ith th Comprehensive Plan Transportation Goals 1, 2, 3, and 4. Dov, nt \\ n nd M di I C nt r Goal nd Obj cti\ es re consistent with and in ( conformance with the Comprehensi ve Plan Environmental Quality Objectives 3-5, 4- 5, 4-6, 5-1 , 6-1 and 6-2. Downtown and Medical Center Goals and Objectives are consistent with and in conformance with the Comprehensive Plan Cultural Arts Objectives 3-3, 3-5 and 3-6. 6. THAT the Englewood Downtown and Medical Center Small Area Plan be adopted as a policy document to guide the development of implementation strategies for the two districts. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2007-04 should be referred to the City Council with a favorable recommendation . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on March 6, 2007, by Ms . Krieger, seconded by Mr. Knoth, which motion states : YES: NAYS: ABSTAIN: ABSE T: CASE #2007-04, ENGLEWOOD DOWNTOWN AND MEDICAL CENTER SMALL AREA PLAN, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. Diekmeier, Kri eger, Roth , Knoth, Welker, Mosteller, Brick None None Bleile, Fish Motion carr ied . These Findin gs and Conclusions are effective as of the meeting on March 6, 2007. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Don Roth, Chair