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HomeMy WebLinkAbout1989 Resolution No. 039-RESOLUTION NO. se..i -SERIES OF 1989 Dedication of Public Ri9ht-of-Way R•corded : Rec. #3129718 Book 5784, P~ges 217-218 A RESOLUTION ACCEPTING A RIGHT-OF-WAY D.'::lHC TI ON BY SWEDISH MEDICAL CENTER TO THE CITY OF ENGLEWOOD FO il l'O!ISTRUCTION OF A CUL-DE-SAC IN THE 3400 BLOCK OF SOUTH PENNSYL VA~IA STREET IN CONNECTION WITH THE SWEDISH PLANNED DEVELOPMENT. WHEREAS, t he City vacated a portion of the 3400 Block of South Pennsylvania by Ordinance No. 21, Series of 1989, for use by Swedish Medical Center for the implementation of a Planned Development; and WHEREAS, a cul-de-sac is to be consntructed on the south end of the 3400 Block of South Pennsylvania to allow access to private properties as a condition of this vacation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. The dedication of public right-of-way in the 3400 Block of South ,~nnsylvania Street for construction of a cul-de-sac to allow access to private properties is hereby accepted. A copy of said dedication is attached hereto and incorporated herein by reference. ADOPTED AND APPROVED this 17th day of July, 1989. I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.dJp, Series of 1989. ~ . ,_ ___ zt°"""""-<C'""-'✓ &~&-'---'~ a~4-<d"--r atr1c1a H. Crow DEDICATION OF PUBLIC RIGHT-OF-WAY THIS DEDICATION OF PUBLIC RIGHT-OF-WAY made this day of----:---.,----.' 1989 by SWEDISH MEDICAL CENTER, 501 rifampden Avenue, Englewood, Colorado 80110 (Swedish), to the CITY OF ENGLEWOOD, COLORADO, a municipal corporation (City), 3400 S, Elat i Street, Englewood, Colorado 80110; WHEREAS, as part of the Planned Development pro posed by Swedish Medical Center and approved by Englewood City Council, a portion of Pennsylvania Street in the 3400 Block w~s vacated for construction of a parking garage; and WHEREAS, as a condition to this vacation, ,, cul-de-sac must be constructed to allow access to private residf.nces on the rema i n e r of the 3400 Block; NOW, THEREFORE, Swedish, owner of the hereinafter described real property, hereby dedicates, grants and conveys to City for and in consideration of One Dollar and other good and valuable consideration, to Granter in hand paid by Gr,mtee, the receipt of which is hereby confessed and acknowledged, and by these presents does dedicate, grant, and convey unto City, for its purposes, all right, title, interest, and claim in and to the following described real property, situate, lying, and being in the City of Englewood, County of Arapahoe, State of Colorado, to wit: That part of Lots 39 to 42, Blo c k 5, WEST VIEW ADDITION TO ENGLEWOOD, being more particularly described as follows: BEGINNING at the Northeast corner of said Lot 42; thence Sou t herly along the EBst line of said Lots 42, 41, 40, and 39, a distance cf 88.72 feet, to a point being 366 .10 feet North of ';he Southeast corner of said Block 5; thence Westerly parallel with the North line of Lot 42, a distance of 25 feet; thence Northerly, parallel with the East line of said Block 5, a distance of 88.72 feet, more or les s, to the North line of said Lot 42; thence Easterly along said North line a distance of 25 feet, me r~ or less, to the POINT OF BEGINNING; containing 2,218, square foet (0.051 acre) more or less, as shown on attached Exhibit "A" incorporated herein by reference. Swedish warrants and represents that it is the fee simple owner of the subject property and that it has full right, title and authority, and that this grant is effective to grant and convey to the City of Englewood the within described right-of- way. Swedish Medical Center further covenants and agrees to indemnify , defend and hold City harmless from and against any adverse claim to the title of the subject property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. This dedication shall extend to and be binding upon the successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this dedication s hall be construed as covenants running with the land. IN WITNESS WHEREOF, Swedish Medical Center, Granter, has executed this Dedication as of the day and year first above written. Attest: Secretary STATE OF COLORADO COUNTY OF ARAPAHOE ss. SWEDISH MEDICAL CENTER, a Colorado Nonprofit Corporation By The foregoing instrument was acknowledged before me this __ day of ________ , 1989 by ____________ as and -=,,...e-c-r-e7t_a_r_y_o""f---=s-w-e""d~i-srh-M"'e_d.,..,.ical C-e-n""t_e_r _____________ _ My Commission expires: Notary Public Address: as DATE July 17, 1989 INITIATED BY ST.\FF SOURCE PREVIOUS COUNCIL ACTI Ot1 COUNCIL COIIKUNICATION AGENDA ITEM 11 (b) SUBJECT Acceptance of ROIi Dedi• cation for Cul -de -aac in 3400 block of S. Pennsylvania from Swedish Medical Center Department of Community Development Richard S . llanush, Director of Community Development The 366 .10' of the 3400 ,'ock of South Pennsylvania Street was vacated by City Council on May 15 , 1989 . This right-of-way vacation was submitted in conj,.mction with the Planned Development (PD) submitted for Swedish Medical Center . The PD contained a partial cul-de-sac at the south end of the remaining 3400 block of South Pennsylvania Street so that cars and/or emergency equipment could turn around. ACTION PROPOSED Accept the right -of-way dedication for the "hammer-head" cul-de-sac located at the south end of the 3400 block of Soi.:th Pennsylvania Street . This dedication is in conjunction with the vacation of the south 366 .10' feet of the 3400 block of South Pennsylvania Street, and the Planned Oevel.lpmen t for Swedish Medical Center for the property bounded by East Girard Avenue, South Logan Street, East Hampden Avenue, and South Emerson Street. POSSIBLE EFFECTS The area to be dedicated will provide a safe, efficient turn-around at the southern end of South Pennsylvania in the 3400 block. The area of the dedication is sufficient to allow emergency v ehicles , service vehic l e s, and residents to turn their vehicles around rather than back out . By accepting the dedication, it insures tha t the City can maintain the cul•dl!•sac as long as necessary . BACKGROUND The "hammer-head" cul •de-sac for South Pennsylvania Street baa been a part of all submittal• concerning the Planned Development for Swedish Medical Center . Th e design and size of tho cul-de-sac have been approved by the Englewood Fire Department and other City Departments . Swedish Medical Center own• the property to -the west and south of this proposed dedication. The property is bounded on the north by El eanor Dunn's property and on the east by South Pennsylvania Street . FINANCIAL There will be no direct financial benefit or cost to the City from this dedication. Swedish Medical Center has agreed to maintain the 3400 block of South Pennsylvania Street, which would include this dedication . REC0HHENDATI0N It is the reconvnendation of the Conrnunity Development Department that this dedication for a "hanvner-head" cul-de-sac at the southern end of the 3400 block of South Pennsylvania Street be approved. gw DESCRIPTION OF PARCEL TO BE DEEDED FOR PENNSYLVANIA STREET That part of Lou 39 to 42, Block 5, WEST VIEW ADDITION TO ENGLEWOOD, City of Englewood, County of Arapahoe, State of Colorad o , being more particularly described as follows: BEGINNING st the Northeast corner of said Lot 42; thanco Southerly along the East line of aaid Lots 42. 41. 40 and 39, a distanc• of 88.72 feet, to a point being 366.10 feet North of the Southeast corner of said Block 5; thence Westerly parallel with the North line of said Lot 42, a distance of 25 feet; thenc• Northerly, parallel with the East line of said Block 5, a distance of 88.72 feet, more or less, to the North line of said Let 42: thence Easterly along said North line a distance 25 feet, more or less, to tho POINT OF BEGINNING; containing 2,218 square foet (0.051 acres) more or less, Refer to Exhibit "A" attached hereto and incorporated herewith. EXHIBIT ''A" EAST GIRARD AVENUE (601 R.O.W.) LO T 48 · 1 WEST VJEW ADDJTJON TO ENGLEWOOD ~ ~ 0 25 50 100 l'W'lil"--i j SCALE : 11=501 ©LOT 45 a:: I- I/) <X z~ <X 3:: ::jo ii;_a: zo ZID w- 0.. :t: I- ;:) 0 1/) EAST · HAMPDEN AVENUE (55' R.O .W.) LOTI ' LOT 5 LOT II 6