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Home My WebLink About2003 Ordinance No. 047• • • ORD INANCE NO . ff ER IES OF 2003 IJY AUT I IOR ITY CONTRACT NO, 93,.~oo3 COU:--IC IL IJIL L NO . 43 INTR ODUC ED IJ Y O NCI L :-..IE~IBER GARRETT A. uRDI NANCE ,\PPRO\'ING A:--1 E:--ICROA l·IME :--I T PERMIT ,\ND INDE~INIT Y AGRE E~IENT AT 44 96 SO Tl-I DELAWARE STR EET FOR A RET A!i ING WALL ALON G STANFORD AV ENUE. TO LEVEL OU T Tl-IE PROP ERTY . A, D A PI CKET FENCE ON TOP OF Tl-I E WALL. WHEREAS . the propcn y ow ners at 4496 So uth Delaware Stre et desire to build a retaining wall :,l ong the Stnn fo rd Avenue side of their propcn y in order to level out the propert y and make it llll'fC usab le fur their child to pla y in the back yard: and WHEREA S. th e en croac hm ent exce ed s starrs admi ni strative auth orh y as pro vided in 11- 3-4 of the Englewood Muni cip al Code , and mu st be brought before Cit y Co un ci l; and NO W. Tl·IEREFORE. BE IT ORDA INED BY THE CITY COUNC IL OF Tl-IE CITY OF E, GLEWOOD , CO LORADO . Tl-IA T: Section I . City Counci l hereby app roves 1he Encroachment Pennit and Indemnit y Agreement between the Cit y of Englewood , Colorado, and the owners of 4496 South Dcl uwarc Street , Brem L. Tubbergen and Li sa E. Aam. to con stru ct a re ta ining wall wi th a picket fence on lop, a copy of which is atta ched hereto as Ex hibit I . Section 2. The Mayo r and Cit y Clerk arc hereby au thorized to sig n and atte st th e Encroac hment Pennit and Ind em nit y Agreement on beh nlf of !he Cit y of Eng lew ood. l:1trod uced 1 n:.id in full. and pa ssed on fir st readi ng on the l 61 h da y of Jun e. 2003. Publi shed as a Bill for an Ordinan ce on th e 201h da y o f June . 2003 . Rr:ad by title :md pass r:d on final reading on th e 7'h da y of Jul y, 2003 . / Louc r'shi a A. I. Loucri shia A. Ellis . City Clerk fo r the Cit y of Englewo th e above is a t?1}':1PY of the Ordin nnce pa ss ed on final r din · Ordin ance No . 7..._/-• Serie s o f 2003 . . olor.id o. hereby ceniry that publi s~ed by.titled~ 10 b ii • EX HIBIT 1 ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this 7th day of July , 2003 , between the City at Enq 'ewood, Colorado , a municipal corporation , and Brent L. Tubbergen and Lisa E. /1am , the owners ot a certain parcel of real property legally described as : Lots 23 and 24 , Block 13 of Wollenwebers Broadway Heights 2nd Addition and commonly known as : 4496 South Delaware Stree1. The City of Englewood, Colorado , hereby grants to said owners of the property at the above described location permission to : Construct a seg mental block retaining wall parallel to Stanford Avenue immediately adjacent the public sidewalk along the south side property frontage . The wall may be a maximum of 20-inches high as measured from the back of walk . The City owns eight feet of right-of-way behind the back of walk along West Stanford Avenue. As shown on Exhibit "A". • The City of Englewood, Colorado , also hereby grants to said owners of the • property at the above described location permission to : Construct a solid cedar picket fence on top of the segmental block retaining wall parallel to West Stanford Avenue . The fence may be a maximum of 6-foot high as measured from the top of wall , and the fence shall be no closer than 30-inches to the back of the sidewalk . Where the alley intersects West Stanford Avenue at the rear of the property , the fenc e must be angled or curved back into the property in such a way so as to create a 7 foot by 7 foot sight triangle so drivers can see pedestrians and oncoming vehicles on Stanford to the west. The aforesaid property owners and the i· eirs and assigns understand and agree that: 1. That the property owners shall obtain all necessary permits prior to constructing any fences or retaining wall s on th is property or in the publi~ right-of-way . 2 . That thi s permission is revocable at will and without cause by the City of Englewood without hearing and without notice other than Notice of Revocation . • • • 3 . That the property owners shall remove the retainin g wall from the public right-of-way with 111 th irty (30 ) dar after receiving No ti ce of Revocation by personal service or certified ma ,I. 4 . That if the City ever determines that improvements need to be installed along Kalamath that may impact the wall . that the property owners shall be responsible for any in creased costs incurred by the City for working aro und the retaining wall. 5. That the property owners are estopped to deny the right of the City of Englewood , Colorado , to revoke the Encroachment Permit or to deny the property rights of said City . 6. That the property owners agree to reimburse and indemnify the City of Englewood , Colorado , for all necessary expenses of whatever nature that may be incurred in revoking this Pemiit , removing any structures placed in th e pu bl ic right-of-way , or any other expense as a result of granting the Encroachment Pemiit. 7 . 8. 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 aris ing from this action . That the property owners shall maintain all structures w~hin the public right-of-way , as shown on Exhibit "A" at the owner's sole expense . 9. That this agreeme nt 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 • a municipal corporation • • Beverly J . Bradshaw , Mayor ATTEST: By: _________________ _ Loucrishia A. Ellis , City Clerk PROPERTY OWNER .,i4,L~ . ~-~?outh ~wa;;eet , By:<7 ,1011' V (ku1,1.,<----/ ,_.,,, Lisa E . Aam , Property Owner 4496 South Delaware Street •!!rss lffi(Q ), ~~we l [i,f uJJ I Co eouo IC d1 s l1 ,cl I .nl s i'/c / )11 / ,;o Sq11 :11 ,· k c l l'!.<>T!'!A N ;a 111 cxi s1i11 g st111 cl111 c:; 1'111:il l111 c1i111 l11 1 U 15 l'Jc:~!!t !•HJ1uf ~ ~h~ fulJ11wj,,i:: j;~ron,1:,ti111! Adpt.t:111 -.1,cc 1-. aw l ull c r• ' I •1 l ali1,u aud 1lim l·11 •;i1111 orall l·a:a:1m·ut s 11111u111 1l·1 1y I I l 1•,h111l'l''i 1111111 'illUf llll l''i 111 111 11p c 11 y li111.:!; an,I 111 fll i111 :11 y •:111 11 l ttl l''i 0 11 a djal 1·111 lols f 11111 c 11 ,i1111 s 11 1 cx i-.1i11 1~ mul p1 o p11,;1•d s l111 r 1111 c-.. I nl alii 111 11 1 sc wc,, w:1lc1 mul nlhcr ::t·1 vice lim:'i • • • COUNCIL COMMUNICATION Date : Agenda Item : Subject : Jun e 16, 1003 11 a i Encr oachm ent Ag reeme nt at •t496 South Del awa re Str ee t Initiated By: I Staff Source : Publi c Works Ken Ross , Direc tor of Publi c Works COUNCIL GOAL AND PREVIOUS COUNC IL ACTION There has been no p revious Co un ci l ac ti o n on this request. RECOMMENDED ACTION Staff re co mmends th at City Co uncil approve the attached Encroachment Agree ment. BACk (;ROUNO, ANALYSIS, AND ALTERNATIVES IDENTIFIED The property owner desired to build a retainin g wa ll alon g West Stanford Avenue in order to level out th e prorerty and make it more usab le fo r his child to pla y in the backya rd . Staff advised th e property owner th at as long as th e segmental blocks were no higher than 12 - inches, staff could tre at th e wall as lands ca pin g and no permits o r encroachment agreement w oul d be requi red . But th e 12-in che s did not acco mpli sh what the property owner wa nted, and th e seg men tal bl ock was built 20-i nches high . Upon staff review of the encroac hm en t permit it was determined th at th e proposed encroach ment exceeded staffs administrat:ve autho rity as provided in Titl e 11 , Chapter 3, Sect ion 4 of th e Englewood Municipal Code, and th erefo re th e reque st nee ded to be brou ght to City Counci l. En cro ac hm en ts for fe nces and retainin g wall s may be granted prov iding: 1. Th at the wa ll and o r fe nce are no cl oser th an 12 in ches from the back of wa lk. 2. That the wall and o r fence are in compliance w ith al! o th er provis ions of the M un icipa l Code. 3. That the wa ll and /o r fence are not ad jacent to a str ee t ,.hat is designated to be w id ened or improved . The proposed co nstruction meets con diti o ns 2 and 3 above, but fai ls to meet the first co ndition. Th e wa ll as cons tru cted is imm edia tely behind the ,:,x ist ing back of walk. Thi s type of installa,;o n is norma ll y p rohib ited beca use: • Pedes tri ans lo se the full benefi t of th e sid ewa lk , beca use th ey must shy away from th e wall, and • Sidewalks fa il ove r tim ~ and th e close proximity of th e wa ll increases th e chance th at wa ll may be damaged in recon struction, and • Retaining w alls retai n soil and as a res ult soil pr essure s behind the wall could cause damage to the sidewalk . • • The Department of Justice is considering mandating that all public sidewalks be widened to a minimum of four feet in order to meet Americans with Disabilities Act Accessibility Guidelin es. There is an existing wall that was built to the east immediately behind the sidewalk, and since this wall is already built, it is staffs opinion that there woul d be little ga ined from requiring the wall to be lowered or removed . We are therefore recommending City Council approve the attached Encroachment Agreement that spells out the respons ibilities of the property owner from this day forth . The attached encroachment agreement also will aliow the property owner to construct a 6- foot high cedar picket fence that will be pla ced about 2 feet behind the wall in the City's ROW. FINANCIAL IMPACT No financial impact to the City is identified . LIST OF ATTACHMENTS Proposed Ordinance Encroachment Agreement Site Pl an • •