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Home My WebLink About2001 Ordinance No. 0584 • • • ORDINANCE NO . ./jg SERIES OF 2001 BY AUTHORITY COUNCCL BILL NO . 63 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVJNG AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT PER1'AJNING TO A RETAINING WALLAND FENCE IN THE 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 granted upon compliance with certain term• and oonditione and the issuance of an encroachment permit and indemnity agreement iaaued by the City: and WHEREAS, the property owner has built a retaining wall and fence in the City's public Right-Of-Way along Tejon Smet adjacent to the property located at 2001 West Baker Avenue without obtaining the proper permits: and WHEREAS . the property owner was notified that the construction wa·• -. violation of the Englewood Municipal Code and that an encroachment permit would need to be obtained if the owner wished to keep the wall and aseoci.ated fe o l.1! in its present location; and WHEREAS, the City of Eagle wood received an application for an encroachment permit from the Owner of 2001 West Baker Avenue for a retaining wall and fence; and WHEREAS. approval of this Ordinance will authorize an "Encroachment Permit And Indemnity Agreement" formally r ecognizing the dimenaiona of the encroachment; NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: Ss:diimu.-An encroachment for a thirty-nine inch (39") high retaining wall and a six foot (6') high fence, aa measured from the back of the sidewalk and constructed three feet (3') into the City·s Right-Of-Wa y for Tejon Street as identified in "Exhibit A." is hereby granted. ~-The "Encroachment Permit And Indemnity AgTeement" attached hereto as "Exhibit A." is hereby accepted and approved by the City Council of the City of Englewood, Colorado. Introduced. read in full. and p11saed on fi.rat reading on the let day of October, 2001. -1- Published as a Bill for an Ordinance on the 5th day of October, 2001. Read by title and pa.saed on f.nal reading on the 15th day of October, 2001. Published by title as Ordinance N~. Series of 2001, on the 19th d ay of Octob,;r, 2001. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Co!.,rado, hereby certify that the above and foregoing ia a tru:, co~ the Ordinance pa ed on final readinfl' and published by title as Ordinance No~ Series of 2 l . -2· • • • • • ENCROACHMENTPERMITAND t NDEMNITYAGREEMENT THIS AGREEMENT. made this 11:t!Lday o { 5, ,t-+~ ,., ,-'s-C 2001 . between the CITY OF ENGLEWOOD , Colorado, a murucipal coli,oration, and THOI\IU.S L . A. JACKSON, th e owner of a. certain parcel of real property legally dHcribee as : Lot 16, in Block 2 Southlawn Garden Anne:t and commonly known a s : 2001 Wes t Baker Avenue Englewooti, Co lor:1do 801 10 The C ity of Englewood, Colorado, hereby grants to said owner of the propert y at the above described location permis sion to: Inst:,ll a segmental bio~k ret.iining wall along Tejon Street :idjacent to the subject a<!Jre .,s i m mediately.ddj acent to the sidewalk with a six foot hit>h cedar wood :orivacy fen ce on top oi the wall along Tejon Street. The height of the retaining wall m ;;:;• be no higher t h a n thirty-nine inches (39") as measured from the back of the walk . This is an encroachment of three feet (3') into the City Right-Of-Way on Tejon Street. The aforesaid property ow ner and their heirs a..'ld assigns understand and agree that: l. That this retairung w:111 and fence were constru.cted by the Owner without obtaining the required permits a nd vana nce s . This encroa,:hment is therefore conditioned on the Owner's payment of all permit fees. penalties and lines d ue the City for th•! construction of this retai~ing wall and fence . 2 . That the p r op erty owner •ha!! obtain the necessary variance s a nd per mits required prior to constructing any fences ~r r•taining walls in the public Right-Of-Way and shall comply with all zoning a nd building regulations for this zone district. 3 . That this permission is revoc:1ble at will and without cause by the City of Englewood w ithou t hearing and without notice oth r tha n :--lotice of Revocatio n . 4. That the property owner shall remo,~ the retaining wall and fence from the public Right-Of-Way within r r.irty (30) da y , after rece:ving . 'otice of Revoc-ation by personal service or certifie<i mail. 5 . T h a t if the City ever de t ermine ; that improvements need io be inst:illed along Tejon that may impact the wall or fe nce. that th~ property owner shall be responsible for any increased costs incurred by the City for removing or working around the retaining w all or buried sections of t he old c-,ncrete r etacning wall. 6 . That the property owner is es topped to deny the right of the City of Englewood. C ,lorado, to revoke the Encroachment Perm it or to deny the property rights of said C ity . 7 . That the property owner •ll1'ffll to reimburse and indemnify the City of Enclewood, Colorado, for all ll■CH8uy upenae• of whace-r -cure that may be incuned in revoking this Permit, removinc the structure placed in the public Ris,ht-Of,Way, or any other expenae u a result of rrantin1 the Encroachment Permit. 8 . That the prope.rty owner •hall maintain insurance covera1e aufficient to satisfy any liability arisin1 as a result oft.hi.a Encroachment Permit and Indemnity A3reement and the City of Englewood shall be held harmless from any and all liabilities aru,ng from this action. A copy of an acknowledgement of covera1e s hall be provided to the Director of Public Works. 9 . That this Agreement shall inure to the benefit of and be binding upon the beira, executors, administrators, aaaigns and s uccessors of the respective parties. IN WIT?s""F:SS WHEREOF, the parties have ae t their bands the day and year first written above . CITY OF ENGLEWOOD a municipal corporation By: ---------------------Thomas J . Burns , Mayor ATTEST: By :-------------------- Loucrishia A. Elli.s . City Clerk PROPERTY OWNER By: __ T __ -f\_h_o!..m...:a'!..~::::L.~A~.~JLa.k~~c_· '.....r"'oonn:::~.~ P;-=o::p=e=rt=y=O==w=n=e=r====-====-- 2001 West Baker A'<el:l>l'e STATE OF COLORADO ) ) ss . COCNTYOF ) -f-'1 The foregoing instrumen t was acknowledged befo re me this ..LL dar of S '-1,J"t'f-" ,., ,.s.; -2001 , by Thomas L .A . Jacluon as the property owner of 2o61 Weat Bak.er Avenue, Englewood, Colorado 80ll0. ·-?'7ez--~.I :?--,4,V_r_,_· _ otary P~ J d-"' My Commission expires · • • • • • • COUNCIL COMMUNICATION , .• ._. I,' Date: Agenda llem: Subject: 10 a ii Encroachment A<4reement -2001 October 1, 2001 West ker Avenue IN ITIATED BY: :jT AFF SOURCE: Public Works Ken Ross, D irector of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has be en no pre v ious Council action on th is request. RECOMME"-IDED ACTION Staff recommends that City Council approve the attached Encroachment Ag reement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In July of 2001 , the property owner was observed building a retaini n g wall in the public right or way along Tejo n Street adjacent to the property located at 2001 West Baker Avenue. The property owner was notified that the constructio n was in violation of the City Code and that an encroachment pennit would need to b e o btained. Upon staff review or the e ncroachment permit it was determined that the proposed e ncroachment exc eeded staff's administrative authority as provided in TIile 1 1, Chapter 3, Section 4 of the Englewood Municipal Code, and therefor the request 11eeded to be brought to City Council. En croachments fo r fences and retain ing walls may be granted providing: 1. Th a t th ,; • ,ii and or fence are no doser than 1 2 inches from the back o f walk. 2 . That tl 1•• wa ll and or fence are in compliance with all othe r provisions o f the Municipal Code . .1 . That tr ,e wal' and/or fence are not adjacent to a street that is designated to be widened or improved. The pror,ose d construction meets conditions 2 and 3 above, but fails to meet condition 1. The wall as co nstruc ted is imm'!diately behind the existi ng back of walk. This type of installation is normally prohib ited because • Pedestrians lose ,he full bene fi t of the sidewalk. because they must shy away from the c.:>ncrete wall, a nd Sidewalks fail over tim e a nd the cl ose p roximity o f the wall in c reases th e cha nce that wall may b e damaged In reconstruction, and Retai nin g walls retain soil and as a result soil pressures behi nd th e , all could c ause damage 10 the sidewalk impro,-ements Th e va ll w as constructed when it came to Public Works attention, in slil ff"s opini o n there would be little gained fr o m requiring the wall to removed and replaced. We art-therefore recommending City Counci l approve the atta ched Encroachm ent Pe rmit that spells out the responsi ,lrt!es of the property owner from this d a ior1h . FINANCIAL IMPACT o financ ia l impact to the City is identified. LIST OF ATTACl-iMENTS Encroachment Ag,·eement Site Plan l - LOT .1 b • -N 0 \J) W. BAKtR AVE 1 •• ·