The URL can be used to link to this page

Home My WebLink About2002 Ordinance No. 015• • ORDINANCE NO. & SEP.IES OF 2002 BY AUTHORITY COUNCIL BILL NO . 12 INTRODUCED BY COUNCIL MEMBER WOWSYN AN ORDINANCE APPROVING AN "ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT'' PERTAINING TO THE INSTALLATION OF A CONCRETE PAD AND RELATED EQUIPMENT WHICH WOULD ENCROACH INTO THE PUBLIC RIGHT.OF.WAY AT THE LOCATION OF 4460 SOUTH WINDERMERE STREET. WHEREAS, Section I 1.3.4 of the Englewood Municipal Code 2000 provides that an encroachment into public right-of-way may be granted upon compliance with certain terms and conditions and the issua nce of an er..croachme nt permit and indemnity agreement issued by the City: and WHEREAS. BMC West Lumber leases the building loc ated at 4460 S. Windermere Street ; and WHEREAS. BMC West Lumber manufactures custom wood doors a nd they are in the process of mode,nizing their equipment at this locatio n to make their operation more efficient and part of this effort is to upgrade the dust collection system that serves this operation; and WHEREAS , t he City of Englewood received an ap plication for an encroachment permit fro m the lessee BMC West Lumber, and the owner of 4460 South Windermere L.L.C.: and WHEREAS, the current system is over 20 years old and is located along the wP.st side of the building within the Windermere Street Right•of•Way: and WHEREAS . the new upgrade being proposed is larger a nd will encroach even farther into the Windermere Street Right•of.Way: and WHEREAS, Windermere was recently improved as part of Paving District No. 38 in 1999. so there is little likelihood that this encroachment will interfere with any future improvement plans along Windermere Street: and WHEREAS, approval of this Ordinance will authorize a n "Encroachment Permit And Indemnity Agreement" formally recognizing the dimensions of the encroachment; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOCD. COLORADO, THAT : -1- Sl!:l.ilm..l, An encroachment for a concrete pad and relate~ equipment shall not encroach into the public Right-of-Way any more than 10.5 feet and shall be located at a minimum of 10 feet from the back of the sidewalk for Windermere Street as identified in "Exhibit A." ia hereby granted. ~-The "Encroachment Permit And Indemnity Agreement" attached hereto as "Exhibit A." ia hereby acc-epted and approved by the City Council of the City of Englewood, Colorado. Introduced, read in full . and pa .. ed on first reading on the 15th day of April. 2002. Published as a Bill for an Ordinance on the 19" day of April. 2002 . Reed by title and paased on final reading on the 6"' day of May, 2002. Published by title as Ordinance No.&. Series of 2002, on the 10th day of May , 2002 . I. Loucriehia A. Ellie, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Orc;inance a88ed , ~nal reading and published by title as Ordinance No . /t,, Series 20 . -2- • • • • • ENCROACHMENT PERMIT AND INlltMNI~ AGREEMENT THIS AGREEMENT, made this 15•• day or April 2002, between the City orEnglewood, Colorado , a municipal corporation. and 4460 S. Windermere L.L.C ., a Colorado Limited Liability Company the owner or a certain parcel or mil property located at 4460 South Windermere Street and BMC West Corporation. a Delaware Corporation ("BMC"). The City orEnglcwood. Colorado , hereby g,nts to said owner or the property at the above descnbed Jocati,in pennission to : Install a concrete ,>ad. and install dust collection equipment on the west side of the building . The concrete p!MI and related equipment shall not encroach into the public right-or-way any more than 10.5 l'eet and shall be a minimum of 10 l'eet from the back or walk. The aforesaid property owner and their neirs and assigns understand and agree that : I. 2. 3. 4. 5. 6. That the owner shall obtain all necessary pennits required for the construction or the dust collection equipment. That the property owner and/or BMC shall provide screening around the metal dumpsters that are used to collect the dust and debris . That this permission is revocable at will and without cause by the City of Englewood without hearing and without notice other than Notice of Revocation. That the property owner shall , •move any and all improvements from the public right-of.way within ninety (90) day s after receiving Notice of Revocation by personal service or certified mail to the owner. That the property owner is estopped to deny the right of the City orEnglewood. Colorado, to revoke the Enc1oachment Pennit or to deny the property rights of said City. That the propeny owner agrees to reimburse and indemnify the City orEnglcwood. Colorado . for all necessary expenses of whatever nature that may be incurred in revoking this Pennit . removing the structure placed in the public right-or-way. or any other expense as a result of grunting the Encroachment Permit. 7. The property owners shall rnaintain insurance coverage sufficient to satisfy any liability arising as a result of rhis Encroachment Pennit and Indemnity Agreement. and the City or Englewood shall be held harmless from any and all liabilities arising from this action. 8. That in consideration of pro perty owner executing this Agreement . BMC , the lessee of the property described above . shall pay all costs and expenses incurred by the owner in complying witb all of the provisions set ron h above, hereby agrees to indemnify and hold the property owner harmless from any liability whatsoever. including attorney's tees, that arise under this Agreement and BMC agrees that it will sat '.sfy all obligations of the property • owner under this Agreement. 9. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators , 11SSigns, and successors of the respective parties . IN WITNESS WHEREOF , the plll1ies have set their hands the day and year first written above. CITY OF ENGLEWOOD a municipal corporation By:----------------- Beverly J. Bradshaw, Mayor ATTEST : By :--------------------- Loucrishia A. Ellis , City Clerk PROPERTY OWNER 4460 S. Windemere L.L.C .. ~ C~lo;i.do limited 'iability company ~ \,_ \\__\J,~"===== Micha~l Bloom. Pr~ent Michael Bloom Realty Company. Property Manager BMC West Corporation. a Delaware Corporation BY ~--/-A,;;_ ~ C •.DIJCUJ.IENTS AND sm1NGS\MICHAEL BLOOM\MY DOCUMENTS\MY D<JCUMEfTS\DAVtD MAJUCS\,W60 S WOrfflfiM Faf.\MflMl'\FNC'ROACIIMFNT PMMl'r IHDiMNITY AOT Ol02t1.00C • • ' ' ' ' ' ' \ USE AR£A = S OCCUPANCY OFFICE "'"C l: GROUP B ..,. • .. ----;;-~--~ • • COUNCIL COMMUNICATION Date : Agenda Item: Subject : En cro achment 10 a ii Agree ment -4460 South April 15, 2002 Windermere Stre et INITIATED BY : STAFF SOURCE: Publi c Works Ken Ross, Director of Publi c Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no prev ious Co uncil ac tion on this request. RECOMMENDED ACTION Staff recommends that City Council approve th e attached Encroachment Agreement. BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED BMC West Lumber leases the building located at 4460 South Windermere Street. The y manufacture custom wood doors and they are in the process of modernizing their equipment at this facility to make their operati on more efficient. Part of this effort is to upgrade the dust collection system that serves this operation. The current system is over 20 years old and is located along the west side of the building within the Wind erm ere Street right-of-way. Th e new upgrad e being propos ed is large r and w ill encroach even farther into the Windermere Street right-of-way. There is 20.5 fe et of right-o f-w ay behind the back of wa lk, w hich is probably 10 feet more than what the city needs . Eve n with the proposed equipmen~ BMC West Lumber equipment will still be 10 feet behind th e ba ck of wa lk. Windermere was recentl y improved as part of Paving District 38 in 1999, so there is li ttle likelihood that this equipment w i! .. nterfere with any future improvement plans along Winderm~re Street. Upon staff re view of the encroachment permit it was determined that the proposed P:icroachment exceeded sta ffs administrative auth ori ty as provided in Title 11 , Chapter 3, Section 4 or the Englewood Municipal Code, and therefore this request needed to be brought to City Council. Staff administrative authority ,.,ends o nl y to wa lls, fences , and awnings. We are therefore rec ommending Ci ty Council approve the attached Encroac hment Agreement that spells o ut th e resp o nsibilities oi th e property ow ner from this day forth . FINANCI AL IMPACT No finan cia l impact to th e City is identifi ed. LIST OF ATTACHMENTS Propose d Bill fo r ,111 Ordinance Encroac hm en t Ag reemen t Site Pl an