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Home My WebLink About2019 Ordinance No. 042ORDINANCE NO. 42 SERIES OF 2019 BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING A GRANT OF AN ENCROACHMENT LICENSE AND INDEMNITY AGREEMENT, FOR ENCROACHMENT UPON THE CITY DITCH AT 3145 S. SHERMAN STREET, ENGLEWOOD, COLORADO, TO ALLOW FOR THE CONSTRUCTION OF A PORTION OF A GARAGE. WHEREAS, the property owners of 3145 S. Sherman Street, Englewood, Colorado, submitted a request to the City for a license to encroach upon the City Ditch easement in order to construct a portion of a new garage to serve that property; WHEREAS, The City Ditch easement transects the parcel for 3145 S Sherman Street, limiting the amount of available land on the parcel where a garage could be constructed. WHEREAS, The property owner has worked with the City's staff to place the garage in a location that minimizes encroachment on the City's easement and also meets zoning criteria, except for the rear yard setback; WHEREAS, on July 9, 2019, the Englewood Water and Sewer Board recommended approval of the Encroachment License and Indemnity Agreement; and WHERAS, on July 9, 2019, the Board of Adjustments and Appeals approved a variance to allow for an encroachment of the garage into the rear setback of the property. NOW, THEREFORE, BE IT ORDAINED 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 Encroachment License and Indemnity Agreement, a copy of which is marked Exhibit 1 and is attached hereto. Section 2. The Director of Public Works is hereby authorized to sign the Encroachment License and Indemnity Agreement, and is directed to assure the filing of such Agreement as appropriate. Introduced, read in full, and passed on first reading on the 3rd day of September, 2019. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of September, 2019. 1 Publis hed as a Bill fo r an Ordinance on the C ity ·s officia l webs ite beginning on the 4th day of September, 20 19 for thirty (30) d ays. Read by Title and passed on final readin g on the 7th d ay of October.20 19. Pub lis h ed by Title in t h e C ity 's official newspaper as Ordinance o.42, Series of 20 19 , on the 10th d ay of October, 20 19. Publi shed by titl e on the C ity 's offic ia l webs ite beginnin g o n the 9th d ay of October, 20 I 9 for t hirty (30) days. This Ordinance s h a ll take effect thirt y (30) days after publication following fin a l passage . Linda Olson, Mayor A TTEST: I, Stepharue C arlil e , City C lerk of the C ity of En g lewood, Colorado, he reby certify th a t th e above and foregoing is a true copy of th e Ordinance passed o n final reading and publis he d by T it le as Ordinance No. 42 , Series of 2 01 9 . 2 EXHIBIT 1 ENCROACHMENT LICENSE AND INDEMNITYAGREEMENf THIS_ ENCROA~HMEt[!' LICENSE AN)) IN.p~;t0NITY AGR.EEMEITT., made and e1.1t~red ipto as of this \ \ -. . day of 5e ~~ \-..~ r_ , 2019, by and be~een the CITY OF ENGLEWOOD, a mumc1pal corporation of the State of Colorado, ("City"), and RYAN SHAW and ELIZABETH SHAW, inchidirtg all heirs and assigns (11Lice:nsees 11). WITNESSETH: The City, without any warran,ty of its title or in.terest. whatsoever, 4ereby a1,1:tho+izes Licensees to e.nc,roach upon a par;cel of land in the City's ea~ement for the City Ditch, an area of encroachment containing one hundred two (102) square feet, more or less, ai1d more particularly described in ''Attachment A," attached hereto and irtcm:-porated herein. 1. The City of Englewood, Colorado hereby grants to Licensees a license to encroach into the easement for the City Ditch, as described within Attachment A. Licensees have requested such license to accommodate the construction of a portion of a four hundred forty ( 440) square foot, two car garage. 2. The Lit:.ensees are granted an exclusive encroa,Ghxnent to the parcel desctibed Within Attachment A, subject to the provisions of this Encroachment License and Indemnity Agreement. lil addition, Licensees ate g.tanted the following specific rights subject to all provisions contained in this Encroachment License and Indemnity Agreement; to wit: a. The construction of a new two car garage and/or its foundation located in and upon Lots 37 artd 38, Block 3, ROSE ADDITION TO ENGLEWOOD, Colorado, also known by street address: 3145 South Sherman Street, Englewood, Colorado, ("Garage Struch.q'e''). b. The right to maintain and repair the new Garage Structure and/or its foundation, Within the boundaries ·of Lots 37 and 38, Block 3, ROSE ADDITION TO ENGLEWOOD, also known as 3145 South Sherman Street, Englewood., Colorado, as de.fined aijd qescribed withlp "Attachment A.." c. The right to any lawful use of the Garage Structure, including conformance with applicable zoning regulations. 3. In granting this Encroaclµnent License and Indemnity Agreement, the City reserves the right to make full use of the property ertctoached upon, as described Within Attachment A, as n1ay be necessary or convenient fu the operation of the City Ditch, and the City retains all right to ·operate, maintain, install, repair, remove or r~lqcaJe any of the City'~ facilitie~ located witp.i_n the City Ditqh or City Phch Easement at any thne and in such a manner as it deems necessary or convenient. The gatage structure should not be maintained in a manner that interferes with the City's use or operation of the City Ditch or City Ditch Easement, at any time.hereafter. Licensees shall, upon request by the City, and at Licensees sole expense, iIP-me4iately relocate, rearrange or remove the garage st~ctQre so as not to interfere with any City use, and also agrees to remQve the garage structure of Licensees' when hecessaty or convenient for the City; its successors and assigru;. 4. Subject to the provisions contained in Paragraph~ 1, 2 and J, the City shall have the right to maintain, instalt, repa4, remove or relocate the City Ditoh (?J any other of its facilities or installations within the City's Easement) at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. 5. The Licensees shall have the rigbt to rn~fotain apd improve the Encroachment Property i[],ciuding, but not limited to, planting and trimtning grass and/or bushes, fertilization and irrigation, and removal of trash and brush. Licensees ate notlicensed to construct any permanent structute(s or encroach upon the Encroachment Property) in any manner not licensed under this Encroachment Agreement 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 the Licensees sole responsibility to determine the existence of said agreements, licenses or grants or conflicting uses or installations. 7. A,cce::ss to the parcel by Clty personnel must be maintained by Licensees for inspection and maintenance; 8. Upon abandonment of any right or privilege herein granted, including the 4estruction or removal of the structute ipecifically authorized fa:rein, the right of Lic_ensees to that extent shaii terminate,. bµt their obligation to indemnify and save harmless the City, its Qfficers a:nd employees, shall not terminate in arty event. This Enctoachment License artd Indemnity Agreement shall in no way be interpreted to permit the garage strncture to be removed and thereafter replaced by Licensees. Ap.y replacemeut ·structure will require a new Encroachment License ·and Indemnity Agreement. 9. The 1ights granted Licensees hereunder may not be assigned without the written consent of the City. 10. The aforesaid ~ice.nsees and their heirs and assigns understand and agree that: a. This permission is revocable at will and Without cause by the City of Englewood Without hearing and Without notice other than Notice of Revocation. b. The Li,censees shall remove .said structure(s) from the public Easement within thirty (30) days after receiving Notice of Revocation by personal service or three days following mailing by certified mail. -2- . ThaJ Licen..~ees ar~ estopped to d,eny the right of the City to revoke the Encroachment License and Indemnity Agreement or to deny the property rights ~~ . d. That Licensees agree to reimbur~e a1;1.d ip_demnify ·the City for all necessary expen_ses of whatever nature that may be incurred in revoking ihis License, removi,ng th~ struchu'e placed in the City Ditch Easement, or any other expense as a result of granting this Encroachment License and Indemnity Agreement. e. That Licensees shall maintain lll$lll"fil.10e cov~rage sufficient to satisfy any liability arising as <!. result of \hi~ Eo.croacbment Lic_ens.e and Indei:iJ.rtify Agreem,ent, and the Ci_ty shall be held .harmless from any and all liabilities arising from any action associated with the construction or use of the Garage Structure. f. This Agreem,ep.t shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns, and successors of the respective parties. IN WITNESS WHEREOF, this iristrnment has been executed as of the day a,nd year first above written. APPROVED CITY OF ENGLEWOOD PUBLIC UTILITIES DEPARTMENT Maria, P' Ancl.rea, Interim Director Public Utilities Department LICENSEE(S): RYAN SHAW -3- ATTACHMENT A ENCROACHMENT LICENSE ANb INDEMNITY AGREEMENT Legal Descripticni. A license for encroachment onto the City Ditch ·easement to support a section of a garage structure to be const:rµc;:tec:!. at 314 5 S oU:t4 Sherman Str~et, legally described as Lots 3 7 ancl 38, Blo9k 3, ROSE ADDITION TO ENGLEWOOD, County of Arapahoe, State of Colorado. The area of encroachment onto the City Ditch easem_ent is part:icularly described as follows: Commencing at the NW corner of said Lot 38, thence N 90°00'00" E, along the north line of said tot, 19.20' to a point on the west line of the City Ditch easement; thence S 2.058-'37'' W, along said west line 5.01' to the Point of Beginni.J;ig at the north wa.U of a garage; thence N 90°00'00" E, along said n.orth wall, 4.06' to the NE comer thereof; thence S 0°00•00 11 E, along said garage wall, 22..00' to the SE comer thereof; thence N 90°00'00 11 W, along said gatage_wall, 5.20' to a point on the west line of said Ditch easement; thence N 2° 58'36'' E, along said west line, 22.03' to the Point ofBegiPning, containing 102 Square Feet (0.002 Acres). Description prepared by: Lavvrence G. Chambers, PLS Colorado Registration No. 16099 -4-