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Home My WebLink About2001 Ordinance No. 061•• • OR[ !NANCE NO.#- SEr,rES OF 2001 BY AUTHORITY COUNCIL BILL NO . 62 INTRODUCED BY COUNCIL MEMBER GARRE'IT AN ORDINANCE APPROVING Al E. "CROACHMENT PERMIT AND INDEMNITY AGREEMENT PERTAINlNO TO A RETAlNl O WALL 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 gra.nted upon compliance with certain terms and conditions and the isauance of an encroachment permit and indemnity agreement issued by the City; and WHEREAS , the property owner baa built a retaining wall in the City's public Right-Of-Way along South Grant Street ad:,;,cent to the property located at 3024 South Grant Street without obtaining the proper permit,,; and WHEREAS , the property owner was notified that the construction was in violation of the Englewood Municipal Code and that an encroachment permit would need to be obtained if tee owner wished to keep the wall in its present location; and WHEREAS, the City of Englewood received an application for an encroachment permit from the Owner of 3024 South Grant Street for a retaining wall: and WHEREAS, approval of this Ordinance will authorize an "Encroachment Permit And Indemnity Agreement" formally recognizing the dimens ions of the encroachment: NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-An encroachment for a twenty-seven inch (27') high retaining wall, as measured from the beck of t!ie sidewalk and constructed three feet (3') into the City"s Right-0 .-Wa · as identified in "Exhibit A," is hereby granted. ~-The '"Encroachment Permit And Indemnity Agreement" attached hereto as "Exhibit A." is hereby accepted and a pproved by the City Cou ncil of the City of Englewood, Colorado. Introduced , rea d in full. and passed on first r eading on the 15"' day of October, 2 001. . I. 10 bi Publiehed os o Bill for an Ordinance on the 19th dt1y of October, 200 l. Read by title and poeeed on final reading on the Sth day of November, 2001. Publis hed by title as Ordina nce No. f4_, Series of 2001, on the 9th day of November, 2001. ~ <;k'-. urns, ~yor I , Loucriehia A . Ellis, City Clerk of the City of Englewood, Colorado, h ereby certify that the above and foregoing ia a true copy ?f the Ordinance aseed on final reading and published by title ae Ordinance No . !?L.., Series of 200 . -2- •• • • • • • • ENCROACHMENTPERMITANDINDEMNITYAGREEMENT THIS AGREEMENT, made this -~~ay of-=.;.,r.."-'<'=C.L.'--- CITY OF E. GLEWOOD, Colorado, a murucipal co oration, and ROBERT J . ARAGON. the owner of a ce ruin parcel of real propeny legally describes as : South U8 of Lot 6, all of Lot i, and t he North 318 of Lot 8 in Block :5 Strayers Broadway Heights and commonly known as : 3024 South Grant Street Englewood , Colorado 80110 The City of Englewood. Colorado, hereby grants to said owner of the propeny at the above described location permission to: Install a concrete retaining wall i.n front of the subjec t addres s immediately adjacent to the s idewalk along S outh Grant Street. The height of the wall may be no higher that t wency-seven inche s (2'r') as m easured from the back of the walk. This is a n encroach ment of l1 ee feet (3') into the City Ri ght-Of-Way on South Grant Street. The aforesaid proper1:y owner a nd his heirs and assigns understand and agree that: l. 2 . 3 . 4 . 5 . That the retaining wall were constr ucted by the Owner wit hout obtaining the required permits a n d variances. Tlus encroachment is therefore cond.iiioned on the Owner's payment of all permit fees. penalties and fines due the City for the conilt:Tuction of thia retaining wall. That the property owner s hall obtain the necessary variances and permits require d pnor to constructing any fences or retaining walls in the public Right-Of-Way and shall comply with all zoning and building regulations for tlus zone district . That this p e rmission is revocable at w ill and without ca u s e by the C ity of Englewood without hearing and wi out notice other tha.n !'<otice of Revocation. That the propercy owner s h all remove the retaining wall and fence from the public Right-Of-Way within tlurty (30) days after receiving Notice of Revocation by personal service or certified mail. That if the Cit y ever determines that improvements need to be installed along Grant that may impact the wall, that the property owner shall be responsible for any increased costs incurred by the City for rem oving or working around the r~taining wall. 6 , That the propert;; owner a.re es topped to den>' the right of the City of Englewood. Colorado. to revoke the Encroachment P e rm it or to deny the property rights of said City . That the property owner &iJ"H to reimburse and i ndemnify the C ity of E n glewood, Colorado, for all necessary expense ■ of whatever nature that may be incurred in revoking this Permit. removing the •tructure placed in the public Right-Of-Way, or any othe r e:<penile as a result of gr:inting the E ncroachment Permit. 8 . That the p roperty owner shall maintain insurance coverap sufficient to ,atiafy any liability a.riainc u a result of this Encroachment Penim and [ndemnity AF&ement and the City o( EniiJ.ewood ah.all be held harm.leu from :tl\Y and all liabilitiee a.riainr from thia action. A copy of an ac.lmow)P.d1ement of covemp shall be provided to the Director of Public Worka. 9 . That thia Agreement shall inure to the benefit o! and be bindinc upon the heirs, uecutors. adminiatraton, assigns and aucc.aaors of tbl! respective parties. IN TNESS WHEREOF, the parties have set their hands the day and year first written above . CITY OF ENGLEWOOD a municipal corporation ATTEST: By: Thomas J. Burns, Mayor By:-------------------Loucriahia A. Ellis , City Clerk PROPERTY OWNER STATE OF COLORADO l ) !IS. COUNTY OF ) TH The ~~ent was acknowledged before me t1mJ.f-day of ---~-=...__._..._..,A"""&□J'f?..c...:..=---2001, by Robert J. Aragon a.a the property owner of 302~ South Grant Street, Englewood . Colorado 80110. My Commission e:-tpires : No!~N.~ .....SC4--L../c......!:::..f!!:~~uoc~--:N.~o::-:AN~'G~-r NOTArf ,uauc STA TE Cf' COlOltl.00 • • • • • • COUNCIL COMMUNICATION Date:October15, 2001 Agenda Item: Subjen:. Encroachment Agreement 3024 South Grant Street. INmATEOBV: STAFF SOURCE: Public Works Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous C ouncil action on this request. RECOMMENDED ACTION Staff recommends that City Council approve the attached Encroachment Agreement. BACKGROUND, ANAL VSIS, AND ALTERNATIVES IDENTIAED In August of 2001, the property owner was observed building a retaining wall in the public right of way along Grant Street adjacent to the property located at 3024 South Grant Street. The property owner was notified that the construction was in violation of the City Code and that an encroachment permit would need to be obtained. Upon staff review of the encroachment permit it was determined that the proposed encroachment exceeded staff's administrative authority as provided in Title 11, Chapter 3, Section 4 of the Englewood Municipal Code, an therefor the request needed to be brought to City Gouncil. Encroachments for fences and retaining walls · .. ay be granted providing: 1. That the wall and or fence are no closer than 12 inches from the back of wal!c 2. That the wall and or fence are In compliance with all other provisions of the Municipal Code. 3. That the wall and/or fence are not adjacent to a street that is designated to be widened or imp roved . The proposed construction meets conditions 2 and 3 above , but fails to meet condition 1. The wall as constructed is Immediately behind the existing back of walk. This type of installation is normally prohibited because • Pedestrians lose the full benefit of the sidewalk, because they must shy away from the concrete wall. and • Sidewalks fail over time and the close proxim; .y of the wall increases the chance that wall may be damaged in reconstruction, and • Retaining walls retain s oil and as a result soi l pressure, hehind the wall could cause damage to the sidewalk improvements The wan was constructed when it came to Public Works attention, in staffs opinion there would be little • gained from requiring the wall to removed and replaced. w-, are therefore recommending City Council approve the attached Encroachment 'Pennil thal speUs oul the responsibilities of tte property owner from this day forth . FINANctAL IMPACT No financial impact to the City is ldentlfi UST OF ATTACHMENTS Encroachment Agreement Site Plan Notice of V iolation • 2