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Home My WebLink About1989 Ordinance No. 030ACCU'nOIIICS ENCROAC111£1CT MREEIIEICT LEGAL OESCRIPTlOII A portion of the property 1s r ecorded In Book 94S, Page 409 of the Records of Arapahoe County and described u follows: The west ten (10) feet of the north one -hundred sixty (160) feet of said property . • • • l9000006m lk9S7 PG0274-om 01mno 0212.1 0,00 IW'~OUE !'fa llaraEt /ll##r£ CIUITT, CO REC 20,00 ID: !'e.-r(',p,,.J«( ~~ .a.....c ~,•7 CIU>I?Wa NO. ;jJJ SERIES JI' 1989 BY AlfflDUTY 100$irac1274 I'?~ OON:IL BILL NO. 34 7:JJ - DffllOOUCED BY CXXN:IL 735 MEMIER IIM'IWIAY NI 00!.'WO: APPl¥JVOO AN ~ OF A ?Cl!TIOO OF A MI\SOORY BUD.Dm. Nr 3S5J !;'./\\ml INCA S'fflEET, mGLDOX>, OJL<IWlO. WIDFAS, '11le East wall of a masonry building at 3653 South Inca Street in the City of Englewood, COloraclo, legally described as Lots 13 and 14, Block 12, Englewood, Arapahoe County, COloraclo, was oonstructed 0.35 foot beyaid the East property lin<?, encroaching in the public right-of-way; and WHEREAS, 1'ie :1es L 1<!C °i of the mascnry building at 3653 South Inca Street was constructed o,:,,) 1'. ... "'rt. ·~1t ,J the Inca/Jason alley right-of-way; and WHmEAE. there i..: 110 practical way of removing the encroachi~ pc-.rtion of the walls without causing the property owner to go to oonaiderable ,iocpense and inconvenience; and WHEREAS, the encroac.'rrent was not noted by the City inspectc,r •; at the tine the construction was taking place; and WHEREAS, by the grant of an encroachment, the matter will be settled to the satisfaction of all parties concerned; NCM, THEREFCRE, BE IT CIIDAINID BY THE CITY CXXJNCIL OF THE CITY OF ~. COI.aWJO, THAT: Section l. ~re is hereby approved an encroactrrent over and across that portion of South Inca Street directly East of Lots 13 and 14, Block 12, Englewood, Arapahoe County, COloraclo, and -directly west of Lots 13 and 14, Block 12, into the Inca/Jason alley right-of...,a,y to accatmodate the encroachment of that portion of the existing building known as 3653 South Inca Street, .mich is located in 1>.Jblic rights-of-way. A copy of an Encroacllrent l\greerient is attached hereto and inccrporated herein by reference. Section 2. nie Mayor and City Clerk are hereby authorized to sign and attest, respectively , said Encroac~ .• 1t l\greement for and on behalf of the City Ccuncil and t he Ci ty of Englewood, Introduced, read in full, and passed on first reading on the 2nd day of October, 1989, -1- 1989, Pli>lished as a Bill i!or m ordinance oo the 5th day of October, 1989, Read by title and passed on final : .,ading on the 16th d6:f of October, PUblished by title u ordinance !i:>, ~' Serie■ of 1989, on the 19th day ~r,1989, ti .. ;-, <~ t: \ .' ~ ~~~~~~~~;,;: .·,. · · "' .' I, Patricia H, ere,,,, City Clerk of the City of E>",glewood, Colorado, hereby certify that the foregoing 1• a true IXl£1't of the or41nance passed on final reading and piblished by title 11S ordinance ND, ~. Serie■ of 1989, ~ • • • • ENCROACHMENT AGREEMENT THIS AGREEMENT, made and entered into the __ day of , 1989, by and between the CITY OF ENGLEWOOD, ~C~O~L~O~R~A~D~O~,-a-municipal corporation, hereinaf ter referred to as "City," ancl ROBERT W. ATKINSON II and SUSAN PAULINE ATKINSON, hereinafter referred to as "Grantees," the owners of certain real property lega lly described as Lots 13 and 14, Block 12, Eng lewood, Arapahoe Count y , Colorado, also known as 3653 South Inc a Stree--=.; WHE~EAS, The East wall of the masonry building a t 3653 South Inca Street in the City of Englewood, Colorado, legally described above, was constructed 0.35 foot beyond the East property line, encroaching i n the public right-of-way; and WHER II S, the West wall of the said building at 3653 South Inca St reet was constructed 0.10 foot into the Inca/Jason alley right-cf-way; and WHF.R:.AS, there is no practical way of removing the e ncroaching portion o f the walls without causing the property own er to ~o to considerable e xp e n se and inconvenience; and WH!':R EAS, th~ encroac hment vas not noted by the City inspect ors at the time th e constructior. was taking place; and WIIC RJ:A S, by the grant of an enc roachmen• , matter will be settled to the sati sfa ction of all par· ·• c o ncerned; WHEREAS, the City and Grantees · .,re to resolve this pro blem by the City granting an enc.<-achinent over and acrons that po rtion of r,ublic right-o f-.·ay on the East and that portion of p ublic ri gh t-cf -wa;• in the I nc a/Jason alley on the l'lest where t he building e xtends bey o nd the property li nes; NOW, THEREFORE, the part'ies agree as follows: l. 7he City hereby grants t o Grantees, their successors and as ~ions, a11 encroachment over a~d across the following descri bed re•l ~r o perty where t~eir bui lding at 3653 So uth Inca Street extenC s ~a~t t~e ~cun dary lin es int c the public ri~hts -of-wa~•, legalll' described as: The East 0.35 f oo t and the West 0.10 foot of Lo ts 13 an d 14, Bl o c k 12, En gl ewood, Arapahoe County, Colorado, nlso numberee 3653 South Inca Street. 2 . The wit~in encroachment shall endure for so long as the eY.ist ing bui lding remains located within the said public rights- cf -wa y . Shculd that building ever be damaged and/or removed, th1 , -.1 - encroachment shall be terminated , and no longer shall Grantees • use said encroachment. > 3. Grantees shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this encroachment and shall hold the City harmless fr om any and all liabilities arising from this action. 4. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF the pa rties have hereunto set their hands and s eals the day a nd year first above written. CITY OF ENGLEWOOD, COLORADO a municipal co~poration By-=-----,,,---=--,--,.,.----Susan Van Dyke, Mayor ATTEST: Patricia H. Crow, City Clerk STATE OF COLORADO COUNTY OF ARAPAHOE ss. GRANTEES: Robert W. Atkinson II Susan Pauline Atkinson Signed before me by Susan Van Dyke as Mayor and u ttested by Patri cia H. Crow as City Clerk o f the City o f Englewood, Colorado, this __ day ·of _________ , 1989. My Commission expires: STA TE OF COLORADO COUllTY OF ARAPAHOE ss. Notary Public 3400 s. Elati, Englewood, co · Signed before me by Robert N. Atkinson II and Susan Paul i ne Atkinsr,n this day of ________ , 1989. My Commission exp ires: -2 - Notary Public Address: • • ®INN«:! i.i. ,3o IDDB ar 1989-- BY AlfflDtffi <XXH:ILBIU.HO, 34 IifDWlUD Bir cnH:IL la&R8'a1WaY 9 (d) AN CIIDIIWO mRJ\IDli AN l!IDn'Olll!Nl' ar A PCll'I'IOO re A IIMC.tl\Y BUIIDDG A'I 3653 !Dffll OCA 9'Dll!ZT, Jl2G.Dl'.XD, <XlilUIDO. ~, b F.ut wall' of a muairy building at 3653 South Inca Sueet in the City of Dlqlewcod, Coloraoo, legally deacr~ u Lots ll and 14 , Block 12, l!nglewcod, Arapahoe Coonty, Colorado, wu CD\ltruct:e4 0,35 r,ot beyaid the East property line, encroaching in the put;llc tight-of~;zy , ~ · IIIERl!'AS, 'l1ie N!st wall of the ll'IIIIIOncy building at 365~ south Inca street was ocnstructed 0,10 foot into the Inca/Juon alley right-of--y1 and ~, there is no practical wy of 1'1!11101/ing the encrcachiJl!I portion o~ the walls without causing the prq,erty owner to go to ocneidllrable e,cpense and inconvenience; and llll!REAS, the encroacment was not noted by the City inspectors at the tine the construction was taking place; and WIIFIU!AS, by the grant of an encroacment, the matter will be settled to the satisfaction of all parties concerned; ll:M, TIIEREFCm:, BE IT CIIDAINED BY 'DIE CIT'i O:UCIL re 'DIE CIT'i CR ~, CXlLCIWJO, THAT: Section l. 'nlere is hereby approved an encroac:lm!nt over and across that portion of South Inca street directly F.ast of Icts 13 and 14, Block 12, Englewood, Arapahoe County, Colorado, and -directly West of Icts 13 and 14, Block 12, into the Inca/ Jason alley right-of-way to acccmrodate the encroacment of that portion of the existing building kna.m as 3653 South Inca Street, which is located in public rights-of-way, A copy of an Encroacml!!nt l\greEll'ent is attached hereto and incorporated herein by reference. Section 2. 'l11e Mayor and City Clerk are hereby aut.horized to sign and attest, respectively, said Encroachnent l\greE!rent for and on behalf of the City Council and the City of Englt!I.OOd. Introchlced, read i n full, and passed on first reading ai the 2nd day of October, 1989. -l - Pli:>lilhed u a Bill f er& an ordinance ai the 5th \181' of October, 1989. • Read by title and passed on final reading at the 16th day of October, 1989. Publilhed by title u Ordinance !lo. ~. Serie■ ot 1989 1 on the 19th day Of October I 1989 • I, Patricia H. Crow, City Clerk of ~ City of lh;lewcoci, Colorado, hereby cert!~· that the foregoing ia a true ~ of. tlj8 Ordinance pulled at final reading and published by title as Ordinance No. __ , Series of 1989. ~.xi--~ PatrcaH. Crow -J October 2, 1989 COUNCIL COIIUIICATIOII AIEIIIA ITEN 11 (a) SUBJECT Encroach111tnt for Building at 3653 South Inca Street. INITIATED BY Department of Community Development STAFF SOURCE Richard S. Wanush, Director of Community Development ISSUE/ACTION PROPOSED Grant an encroachment for the existing building at 3653 South Inca Street, which encroaches less than one (1) foot into the public right-of-way for both South Inca Street and the Inca/Jason alley. PREVIOUS COUlfCIL ACTION N•ine STAFF ANALYSIS The building at 3653 South Inca Street was most recently occupied by the Englewood Glass Company. When that business closed and the property went on the market, a Boundary Survey was obtained and it was at that time that the very minimal encroa,ch- ment of a portion of the east and west walls into the public rights -of-way was dis- covered . The encroachment of the east wall of t he building into the right -of-way for South Inca Street is 0.35 feet. The encroachment of the west wall into the right-of-way for the Inca/Jason alley 1s 0.10 feet. The seller of the property is the United Bank of Littleton . The purchase n are Rob- ert W. and Susan Pauline Atkinson. When the encroachments were disclosed, th , e- quest for approval of the encroachments was submitted to the City by a representa- tive of the seller. It is necessary for the City to grant the encroachment in order to clear the Title . IACIC&ROUIII A 111asonry office and shop WIS constructed on this property in 1958 by Frank Pryor. The building penait shows the building WIS to be 20'8' by 60' with a six (6) foot setback on the east, and a 59'6' setback on the west . A 15' x 28' cinder block ad- dition was added in 1961 by Mr. Pryor; however, the precise location of the addition was not given on the peniit. Mr . Pryor obtained a building ~•111it for a 50' by 64' warehouse addition In 1964, and again, no setbacks were given on the permit. At saM p0int when th• 1961 or 1964 additions were con structed, the encroachments were apparentl J ude and were not observed by the Building Inspectors . The encroa~h•nts are not visible i'l the eye and were not known to the seller, the United Bank of Littleton . By granting the encroachment, the purchasers will be able to obtain a clear Title and will be able to pursue the use of the property. FINANCIAL The City always benefits wh :~ property is ut11 lzed. The specific a1110unt of taxes that will be realized Is not i·.nown at this time. BOUNCilAR.Y 1 ~VEN OP L017:, I?, ~ 14, E,LOCK 12, MAP OF EN(JLEWOOO AM • M, '-i EK->1.IRE:D P • N? Pi.A ffED 50UTH INCA 'STREE:T ( (pQ' ROW) ---".>9.,x:>'A.M.--- ;., .co' P ~Kl':>T.I 61..IA::I . ~,;~ ':1. l'NCA <:oT ===-f) z I, Ou Y.AYII( P!llllll'S, ~ RC CISTER[O PROf(~SIOIIAL LN IO SURV(YOI! Ill 111( STI.T[ Of COlOllAOO, 11mm CERTIFY lllAT THIS SURVEY WAS OOH£ UIIU[R' HY OIR(CT SUPERVISI0:1 .UUWIG TIIE HOIITII Of AUGUST, 1989, AIIO illlS PLAT PREPA!l[O Fl:OH SAIU SURVEY IS TRUE AllD connm TO THE OEST or HT KNOWI.EOCE AHO LI ~ UuWAYNE l'llllllP~, R.L.S. 19321 fi=Il PHILLIPS SURVEYING ~ C002 WECT ~TA.Nt='OACJ r.•✓t:~IUI: i::=:2.J LITTLCTO,t, COLORAO;> 00113 -----·-···-JO:S ·'l/:l·i.:141 ~rwr----ww, w ilill1 1,w,a...i .......... 11,u,/r $2 ,500,00 trao IIJ.Jan l'nDldo far •uca:lw,L <4 luil4ln; -City 1.,f !1>1-'• ,.-, laJ4 •uca:lw,L bll.ng alalg ti. lltat,-lira of U:)i<.l pcq,ort;i,, .s •. Ina/a _s,.,,,_ .. r "-,.~r · -..,... r• 110 . .,.., ............ , -1':a Titla D1a1nno1 ~ ii lanlll' lnll:N:tll4 to hold tha -au,t ln I non-~ bllrl.ng OCCIUIL, QI er bafcra IIIIY 15, 1990, llllc nil dali-a Rtaol\lt.lal ctJtainld fnP.1 tho City of "'9-to Tr..-lca Titla Dlalnnol ~ to ncord, ~ ~ of Lia Rtaolution , -lea TitlAi -~ ii ~ . iMtructall to ntum Lia $2,500 .00 to Lia 81ller, Olitlll -of Llttlatal, If tha -lnatructJa,a an. rot o:apl.la4 "1th by Illy 15, 1990, -la TitlAi INunnca 0Jlpny ii lanlll' inatructa<1 to AtUm Lia U,500.00 to tha purc:hlan, -II, Atklnan II 11111! .,_ l'liullno Atklnaan, If• dil,vt• orilfl• to pu, lflltlet, o, If the.,_,.., depoaitecl ~.,. 1totwith""'-•"'-' • ..-Mton MIY 15, · · c If.JO.... yov..., depotlt tht doal1u11h ond •Oft-, wfth tfrie Cieri of any Olttrid Ceiurt of ltla Stote of C.-.., •111d..., l,ite,plNd tt.. -"°""'· '" CN.W.flltkwl '°' row occe,IOAC* of thll haow, the -~. iolfitly Pd ..... 11,. for 01 .... ,. ... thew MWI, tlKVfM, •·Ill • htrettlrl, NU'flNn _, •Nf"'•• iA._ftjfy ,,_ few, eMI hoW ,-Hnaleu "-a lleWlltr i!K'lllmd lty , ..... of,_,.. M""'9 •.ce,ted 1M Ml .. , et M CM..ctiN htfewfth, NII .. ,. ..... .,_ fe, eff,.., • .,... .... ~. O"'°"I othtr ttii.,., ~tY ,-. 9M CMl't CNh ~,-4..._.,,_._11_,.eftnt ..;,,,_ .................... ...,.tha~ofthlii..,.......tWl .. •ltJ -'._~e4,.._~•du,-N1, Olillld !': of Littlatcn ~~ • ...... ,~M._,__o/..1-_,,4.;f-~---L,A"'-!.l..:..a.. P.,_. -· s:;.~h;.;---__________ ------ --------------------------·---- "'°'1,No .... --'------~"------ "-fflll lNRIIANCICO##- "---------------·- ------. __ ..,. __ .. ----------------L.aa_. tU , ' --~,:, ·---'