HomeMy WebLinkAbout2001 Ordinance No. 022. ,.
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ORDlNANCE N0.,22_
SERIES OF 2001
BY AUTHORITY
COUNCIL BILL NO . 21
INTRODUCED BY ~DUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVI GAN ENCROACHMENT PERMIT AND INDEMNITY
AGREEMENT PERTAINING TO A RETAINl G WALL AND FENCE IN THE CITY
PUBLIC RIGHT-OF-WAY.
WHEREAS, Section 11-3 -4 of the Englewood Municipal Code 2000 provides that
an encroachment into public right-of-way may be gTanted upon compliance with
certain terms and couditions and t he issuance of an encroachment permit and
indemnity agreement issued by the City; and
WHEREAS, the property owner was observed buil ~
City's public Right-Of-Way along Whitaker Drive adja
4996 South Kalamath Street; and
taining wall in the
t he property located at
WHEREAS, t he property owner was notified that the cons truction was in
violation of the Englewood Municipal Code and that an encroachment permit would
need to be obtained prior to proceeding any further with this construction; and
WHE , the city of Englewood received en application for an encroachment
permit fro m the Owner of 4996 South Kala.math Street for a retaining wall; and
WHEREAS , a fte r review of the encroachment permit it was determined that the
proposed encroachment exceeded staffs administrative authority as provided in Title
11-3-4; and
WHEREAS, the proposed encroaching retaJ.ning wall exceeds the allowable eight
triangl e at a comer by &ix inches (6") in height: and
WHEREAS, approval of this Ordinance will a uthorize an "Encroachment Permit
And 1 ndemnity Agreement" formally recugnizing tbe dimensions of the encroachment;
NOW . THEREFORE , BE IT RESOLVED B'i THE CITY COUNCIL OF THE
CITY OF ENGLE noo, COLORADO . THAT:
~-An encroachment for a three foot (31 high retaining wall, as meaaured
from the back of the sidewalk and constructed fou. feet (4) into t he City's Right-Of-
Way as identified in "Exhibit A." is hereby gTOnted .
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~-The "Encroachment Permit And Indemnity Agr e ment· atta.c:hed hereto
as "Exhibit A: is hereby accepted and approved by the City Council o! the City of
Englewood, Colorado.
lntroduced, re11d in full, and paseed on first reoding on the 16"' day of Apnl, 2001.
Published na a Bill for an Ordinance on the 20th day of April , 2001.
Re11d by title and passed on final reading on the ith day of May, 2001.
Publis hed by ti tl e ae Ordinance N~ Series of 2001 , on the 11th day of May,
2001.
I, Louc:riahia A. Ellis, City Clerk of the City ofEnglewood, Colorado
that thtJ abov e and foregoing is a true COM the Ordinance passed n
and published by title as Orwnance o Series of 200 .
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ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT
THIS AGREEMENT, made this _jg_ day of /lpr; / 2001. between the
City of Englewood, Colorado, a municipal ccrporatioc, and Scott A. and Angela M. McCauley ,
the owners of a certain parcel of real property legally ducribes as :
Lot 17 Whitaker Subdivision
and commonly known as : 4996 South Kalamath Street
Englewood, C-olorado 80110
The City of Englewood. Colorado, hereby grants to said owners of the property at the above
described location permission to:
Constnltt a segmental block retaininp; wall parallel to Kalama th Street a minimum
of one foo t (l') behind the public sidewalk from the front entry walk at 4996 South
Kalamath Street, south to Whitaker Drive , thence around the comer and to the e11st
along Whitaker Drive to a point thirty•eight feet (38') west of the eaat property line of
the subject p :~erty. The wall may be a ma:timum of three feet (3') high as
measured from the back of walk.
This is an encroachment of four feet (4') into the City Right-Of-Way on both Kalamath Street
and Whitaker Avenue .
The aforesaid property owners and their heirs and assigns understand and agree that:
1. That the existing water meter and water meter lid in front of 4996 South Kalamath
shall be brought up to grade, per the attached detail and shall meet the
reqUU'ements of the Utility Department of the City of Englewood . Property owners
shall call for an inspection after the wor k has been complet.ed . An acce ptance of
these water meter alterations is a condition precedent to the granting of this perm i .
2. That the property owne rs shall obtain the necessary variance s and permits req UU'ed
pri r to constructing any fences or retaining walls in the public Rig ht-Of-Way and
shall comply with all zoning and building regulations for the R-1-A Zone District.
3 . That this permission is revocable at will and with.out cause by the City of Englewood
without hearing and without notice other than Notice ofRevOClltion.
4. That the property owners shall remove the retaining wall and fe nce from the public
Right-Of.Way within thirty (3 0) days after ~ece iving ;slotice o! Revocation by personal
service or certified mail.
5. Tha t if the City ever determines that improvements need to be installed along
Kalamath that may impact the wall, that the pro perty owners shall be responsible
for any increased coats incurred by the City for removing or working around the
retaining wall
6 . 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 righta of said
City .
7. That the property owuert •11'" to rei.mbune and indemnify the City of En,l-=wood..
Colorado, (or all neceuary upenae1 of whate ver nature that ma y be incurred in
revoking this Permit. 1'91DOVUII tha ltt'UC:urt placed in the public Right-Of-Way , or
any other e.xperuse u a result of grantinr the Encroachment Permit.
II . That the property owners ahall maintain insurance coverage sufficient to aa.tia{y any
liability ari,iag u a reeult of this Encroachment Permit and Indemnity A,ereement
and the City of Englewood ahall be held harmless from any and all liabilities arising
from this action. A copy of acknowledgement o{ coverage ■ball be provided to the
DirectOr of Public Works.
9 . That this Agreement shall inure to the benefit of and be binding upon the hein,
executors, administrators , assigns an d succe ssors of the respective parties .
IN WITNESS WHEREOF , the parties have set their bands the day and year first writt en
above .
CITY OF ENGLEWOOD
a municipal corporation
By:------------------
Thomas J . Burns, Mayor
ATTEST :
By: _______________ _
Low:rishia A. Ellis, City Clerk
PROPERTY OWNER
STATE OF COLORADO )
) ...
COUNTY OF )
T~h :°:'gping instrUment wu aclmo•vledged before ma this~Y of _04f,. . 200 1, by Scott A. McCaule y as the property owner of
4996 outh Kalama th Stree t , Engl ewood , Colorad o 80110 .
My Commi11ion expire•: f -J1" ~Q:l
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PROP£RTY OWNER
By : -"--,;;.la.....;M.;._M-<-11-a-~-~-Pro-~-er:ty-.,t;-ne-r ---
4996 South Kala.math Street
STATE OF COLORADO )
) 88.
COUNTY OF )
The Coregoing instrument was aclcnowledi'd before 111e thiiJ iJ! day of I? /J,v IJ
_ 2001, by Angela M. McCauley as 4996 South Kalamath Street, Eng~
Colorado 80110.
My Commission e;rpirea : t/ ;..7£-Qj
~1gt1,11LJ'A Notary Public
• • -~ ?«(f s~ -~-~ 1tn t
1c.oM A ""'Co.,.i1/
( Jo,). ?ii -',{ ;J...,'1'1
o -,re,,ce 'I' pt;M
/lll]-Af•11M,J ~,1
If final ~ hm not been utQDIIS'll'l 01 rne time of installation, Plumber must raise or
lower mettr pit when grade has t)een estab lish e<l
· by ord• af ccntrac10r 0t owner. '
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valve,,
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ccpper
lnsJr;/1 lid al ,slcl:Jlished grade
to of meter shall be 9·1/2n below
top o/dcme
All setting must l:e ir.spec:eo 'o ·1
Utrlili es Dept. on c:;mplct;,,,, ::,f
Construc~ion eE?CRE ce •r:c
ccc-.Jpied . •
1----E·--··------NOT£. No installation in drivew<rJS,,:JJI must ce
clear of all dirt brick ar.d ~tc.
Lacotion of meter to be det ermined by
lilies Dept.
MET~R SiZE
~/S"x 31,"
31<-"
t'"
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A l
12-516 " I
14-1/4" I
17 • 1/4" I
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8 I C I D E
7-13/~ 7-13/1 6 " I 4 '' 24"
~-5 /1 6 " l 8-15/1 6 " I 5 " 24"
11-1/1 6 " I II· 1/4" I e" 24"
Ulllities Department
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Date:
April 16, 200 I
INITIATED BY:
COUNC IL COMMU !CATION
Agenda Item:
11 a I
STAFF SO R E:
ubje ct: Encroach ment
A r ment -4996 Sou th
K11lam th Stre t.
Public Works n Ro i ., Dir tor of Public Works
COUNCIL GOAL A D PREVIOUS COUNCIL ACTIO
There has been no previous Council action on th is request.
RECOMMENDED ACTION
Staff recommends that City Co un ci l approve the attached Encma chmen t Agre men
BACKGROUND, ANALYSIS, AND ALTERNATIVES IC,ENTIF IED
In March of 200 1, the property owner wa s obs erved buil ding a retaining wall in the public right of w ay
alo ng Whitaker Dri ve adjacent to the property located at 4996 Sou th Kalamath Street. The property owne r
vas notified that the constructio n was in viol ation of the City Code and that an P.ncroachment pe rm it
would need to be ob tained pr ior to proceP.ding any further wi th th ,s co nmuction. Uoon staff r view of the
encroachment permi t it was det ermined that the proposed encro;.chment e ceeded ~taif's Jdmlnlstrative
autho rity as pr ovided in Title 11, Chap ter 3, Section 4 of the Engle11 oo d o\llu:,ici p I Code, and ther efor the
request nee ded to be brought to City Council.
Encroachments for fences and reta ining walls may be granted pro,iding
1. Th at the wa ll an d or fence are no closer than 12 inches from the tack of walk.
, Tha t the wall and or fence are in compliance wi th all oth er pro, is ions of the un lcl p I Codo .
3. Tha t the wa ll and/or fence are not ad jacent to a street th at is designa ted to be , ;,1 n d or ln1pro 1:tl.
The proposed cons tru ction meets co nd itions l and 3 above, but ·ails to meet condition 2. Th pI0 d
con struc tion viola tes Tit le 16, Chap ter 4, Section 17, Part D that deals with sight distance Ir angl
requirem ents . This section req uires "No isual obstruction over t-.,o fee t-six Inches in h I ht abov •~p
of the nearest curb shall be ere cted, pl ace d, planted, or allowed to grow wh ich oL stru s th v w o
pede strians on the sidewa lk or obstructs the traffic vision at in tersect io ns."
The wall being proposed is 3 feet high and there fo r exceeds the lim its pro ided by the cod by sl Inch s In
the sigh t triang le as de fi ned in Section 16-4-17.0 . Staff has rev ie " ed the sig ht distan ce si tuat ion t thl
intersec tion, and we be liev e that this wall will not ad verse! impair the sigh t visibility for II hid s nd or
perso ns tall er than 3 feet. Therefo r staff re commends approval oi the encro chment pe rmi t su bJ to th
terms and conditions contai ned in th e permi t. Please no te that the wall wl I obstruct th e view of
pedestrians that are shorte r than 3 fee t.
-Any pr oposed fence in connec tion with retaimr.g wall mu st comp !, wi th City Code requirem ents .
ANANOAL l~:PACT
o finan ci al impact to the City is identified.
UST OF ATTACHMENTS
Proposed Bill for an Ordinance
Encroachment Agreem ent
Site Plan
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