HomeMy WebLinkAbout2001 Resolution No. 025•
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RESOLUTION NO.~
SERIES OF 2001
A RESOLUTION APPROVING AN ENCROACHME .'ft' ONTO THE CITY RIGHT-OF-WAY
FOR EXISTING FRONT PARKING SPACES DUE '.'(J Ai' !!:XPANSION OF THE
BUSINESS.
WHEREAS, Section JJ-3-~ of the Englewood M,•nici pel Code 2000 provides that an
encroachment int.o public right-of-way may be gran l.i:•.i , !pon i..ompliance with certain terms
and conditions and the issuance of an encroachment F'Hm lt r.nd indemnity agreement
issued by the City: and
WHEREAS , the city of Englewood received an application for a building permit from the
Owner of Footers Catering located at 2960 South Fox Street to e:q,and its business; •nd
WHEREAS, in reviewmg the site plan for this building permit, the City discovered that
the e:tisting front parking spaces encroach onto City right-of-way; and
WHEREAS, Footers Catering is lOCAted in a building originally constructed in 1957 with
parking in front of the building perpendicular to the street; and
WHEREAS, approval of this Resolution will authorize an "Encroa,,bment Permit And
Indemnity Agree ment" formally recognizing that these parking spaces are encroaching upon
the public right-of-way but that they provide a public benefit by creeting additional off-street
parking which is consistent with the goal of the Comprehensive Zoning Ordinance Private
Off-Street Parking Standards cf "lessening coLgestion in the streets";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY co1 ·-1c1L OF '.i'HE CITY OF
ENGLEWOOD, COLORADO, THAT :
Si:i:tilm..l. The encroachment ,or the use of si.,ty feet (601 by nine feet (91 portion of
public Right-of-Way that is adjacent to the front of the building located at 2960 South Fox
Street for seven (7) parkil:g spaces and identified in "Exhibit A," is hereby granted.
~-The "Encroachment Permit And Indemnity Agreement" attached hereto as
"Ewbit A,'' is hereby accepted and approved by the City Council of the City of Englewood,
Colorado.
ADOPTEI.: AND APPROVED this cth of March, 2001.
~_tl.!}_
Loucrishia A. Ellis, City Clerk
I, Loucriabia A. Ellil, City Clark fur the Cii:y of Englewood ,
above is a true copy of Resolution Noc:2:(Sel"ies of 2001.
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
10ci En c ro achment Agreement -
March 5, 2001 2960 South Fox Street.
INITIATED BY : STAFF SOURCE :
Communitv Development Harold Stitt, Senior Planner
COUNCIL G OAL AND PREVIOUS COUNCIL ACTION
TJi .,,e r as been no p revio us Coun ci l actio n on this request.
RECOMMENDED ACTION
:,raff re commends that City Council approve the attached Encroachment Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In A ugust 2000, Footers Catering applied for a bui lding permit (B159 57) to expand its business . In
reviewing the site plan for this permit sta if discovered that the existing front parking spaces
encroach onto City right-of-way. The building was originally constructed in 195 7 with parking in
front of the building perpendicular to the st reet. Staff has not found any evidence of an
encroachment agreements ha vin ~ been granted for 1his property. Section 11-3-4:D
(Encroachments ) of the Englewood Municipal Code provides for City Council approval of th is type
of encroachments into public right-of-way.
Approving this agreement will formally recognize that these parking spaces are encroaching upon
the public right-of-way but that the y provide a public benefit by creating additional off-street
parking. This is co ns is tent w ith the goal of the Comprehensive Zoning Ordinance Private Off-
Street Parking Standards of "les sen congestion in the streets."
The Encroachment Agreement will not preclude or interfere with any future public improvements
along South Fox Street si nce the Ag reement is re vocable by the City. Once app roved the
Agree ment will be recorded with Ara pahoe County.
FINANCIAL IMPACT
o financia l im pact to the City is iden tified .
LIST OF ATTACHMENTS
• Encroachment Agreem ent
Site Plan
ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT
THIS AGREEMENT, made this S'" da y oi ,\.larch , 2001 between the City of Englewood .
Colorado. a municipal corporation , and James Lambatos . the owner of a certain parcel of
real property legall y described as : Lots 15 through 18, Block 2. S.G. Hamlins Addition,
P.P.I. Number 1971 ,3-l-2-12-0 05 ,
and commonly known as: 2960 South Fox S1ree1.
The Cit of Englewood. Colorado . hereby grants to said owner of the property at the above
described loca tion permiss ion to: use the sixty (60 ) feet by nine (9) ieet portio n oi public
Right -o f-Way that is adjacent to the front of the bu ilding ior seven (7) parking spaces.
The aforesaid property owner. thei r hei rs and assigns understand and agree:
I. That this permission is re vcc•L.~ at will and without cause by the City of Englewood
without hearing and without notice other than Notice of Re vo cation .
2. That the property own~r shall remove said structure from the public right-of-way
within thirty (30 ) days after recei ving Notice of Re vocation by personal servi ce o r
certified mail.
3. That the property owner is estopped to deny the right of the Ci ty of Eng lewood.
Colo rado, to revoke the E:-icroachment Permit or to deny the prc,perty rights o i said
City.
-l. Thai the property o·.v ner agrees to reimburse and indemni fy the Cit y oi Engle wood,
Colorado, for al: necessary expe ns es of whatever nature that ma y be incurred in
re vo king this Permit, removing the structure plated in th~ purilic ri ght-of-way . or anv
other ex pen se as a result oi gra nting the Encroachment Per mi t.
5. Tha t the property owner ;hall maintain insurance coverage sufficient to satisiy an y
liability ar isi ng as a resu li oi this Encroachment Permit and Indemnity Agreement,
an d the City of Englewood shall be held harmless from any and all lia bilities arisi ng
iron, this ac uon .
6. That this ag re ement shall inme to the be nefl t oi and be binding upon the he ir~.
executors . administrators . assign s, and successors of the respective part ies.
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IN WITNESS WHEREOF, the pJrtle\f 'H a~e set their hands the day and year first written
above .
By: __________ _
louchrishia A. Ellis, City Clerk
,.
ili'IY.J !!ff
CITY OF ENGLEWOOD, COLORADO
a municipal corporation .
By .. · ___ ;...__..:;;... ____ _
Thomas J. Burns, lv)ayor
Ker, ~oss
Director of Public Works
~.~ 1 ~5bert-!impson
Director of Community Development
PROPERTY OWNER
By .:---4 (\_,___.,,·~~-. ~-
James Lambotos
2960 South Fox Street
Englewood, CO 80110
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1-J ZONING
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