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Home My WebLink About1992 Resolution No. 051BESOwrlON NO . fi! ' SBRIES OP 1992 A RBSOurrtON APPROVING AN ENCROACHMEN'f FOR THE EXPANSION AND THE ADDITION OF A CONCRETE PATIO WHICH WILL ENCROACH INTO PUBLIC RIGHT-OF-WAY . WHEREAS, Title 11, Chapter 3, Sec:tlon 4 of tho En11l,wood Municipal Code 1986 prcMdet that an encroachment Into public ri!lht-of-way may be granl:e d upcn , mplinnce with cettaln term1 and condition• and the iuuanee of and encroachmen t permit and Indemnity ..,...ment lnued by the City ; and WHEREAS, the City ofEnelewood hu received a requellt from the Owner of Paul's Restaurant located at 3542 South Fox 8tr9et to permit the addition ofa concrete patio ; and WHEREAS, this upanaion will encroach Three feet (3') into public righ!.-of,way and would extend to within One foot (1') of the back of the sldew,;. k and will be appruim r.tely Two feet (2') above the aldenlk; and WHEREAS, the encroachment addreue1 market and customer needs for outdoor seatin1 and ellPanded reataurant services; NOW, THEREFORE, :<!E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOR.\DO, THAT : IIKl.hm..1, The encroachment of Three feet (3') into public right-of-way for the purpo1e of enlarein1 a concrete porch and would extend to within One foot (1') of the back of the aidewalk and will be approximately Two f~t (21 above the alde .ialk, by the e,pon si on of a concrete patio at Paul'I Restaurant 3542 South Fo• Street in the City of Englewood, Colorado it hereby granted . ADOPTED AND APPROVED th is 6th day of April , 1992. ATTES T : /Jzi m.~oll f1.H.e Patricia H. Crow , City Cler k I, Patricia H. Crow , City Clerk for the City of Engl ewood, Colorado, hereby cer ti fy the above is a true copy of Reso luti on No .&., Series of 1992. COUNCIL COMMUNICATION Date April 6, 1992 unnATED BY STAFF SOURCB A1enda1tem 11 d Community Development Harold Stitt, City Planner l88UB/ ACTION PR~POSBD Subject Encroachment Agreement Adopt a Resolution approving an Encroachment Penntt and Indemnity Agreement for the expansion of a concrete patio that will encroach Into the public right-of-way. PRBVIOUS COUNCIL ACflON None. STAFF A."fALYSIS The proposed Encroachment _Agreement will allow the owner of Pa ul's Restaurant, 3542 South Fox Street, to enlarge an existing patio to be used for outdoor seating. The proposed encroachment will -extend the existing patio three feet Into the public right -of-way and w:ltliln one foot of the back of the sidewalk. The proposed encroachment has been reviewed and approved by the Public Works Department. Th e plan for modlflcatlon of premises has also been approved by the City's Liquor Llc enslng Authority and the State of Colorado Liquor Enforcement Division. BACKGROUND Pa ul's Restaurant has been In busines s In Englewood for fifteen ye ars. In mid 199 1. Pa ul H. Daghllan, owner of Pa ul's Restaurant, contacted the City concerning an exp ansion of a patio . Mr. Daghllan Indicated that business decUn es during the s ummer months and customers sut,Jested the addition of an outdoo r seatin g area as a way t o Incr ease business. After consulting with City staff, a final des ign was deten nlned and now Mr . Daghllan ts r eady to pro cee d with tlll s expansion proj ect. FINANCIAL Tills action will not financ ially impact the City . e ENCROACHMENT PERMIT AND JNDEMNJTY AGREEMENT TJ-11S AGREEMENT, made thia __ day of ___ ~l992, by nnd between lhe C ITY •Jr' ENGLEWOOD, COLORADO, a municipal corporation , nnd PAUL H. OAGHLIAN, the ow ner of certoin parcel of real property l eg ally described ns: !.ot.s 17 -20, Bl 0<:k 2, Engl ewood, Arap ahoe County, Colorado. nn d common!:, known 01 : Poul's Restaurant 3542 South Fox Street Englewoo d, Colorado 801 10 Tne c ;1y of Englewood, Colorado, h ereby grant.s to said owners of said property nt lhe ofore de.,ctibed location permission to: expand the existing concrete patio and anclose it wilh a four fool (4') wrought iron barrier. Said expansion will encroa ch Three feel (3 ') in'.o public right-of-way for the purpose of enlarging a concrete porch and would ex tend lo within One fool (1') of the back of the sidewalk and will be approximately Two feet (2') a bo ve the sidewalk. The aforesaid property owners aad their heirs and assigns understand nnd agree thnt: 1. This permission is r evoc able al will and without cause by the City of Englewood without hearing and without notice other than Notice of Rev0<:alion . 2. The property owner shall remove said structure from the public right-of-way within thirty (30) day s after r ece iving Notice of Revocation by personal service or certifi ed mai l. 3 . Thnt sai d property owner are estopped lo de ny la• right of the City ofEnglewood, Colorado, lo r evoke th is Encroachment Permit o, to deny tho properly rights of snid City. 4 . Thal said properly own er agree to reimburse nnd indemn ify the City of Engle wood, Co lorad o, for all nece ssa ry expen se s of whatever nature thnt may be incurr c~ in revoki ng this Permit, removing th e structure(s) placed in th e public righ t -o f-way, or ony ot her expense as a result of grant ing th e Encroachm en t Permit. 5. Tha t the said Pr operly owne r sholl ma int ain in sur ance coverage su ffi cie nt to snt is(v nnd liability ar is ing os o resu lt of this Encroachment Permi t nnd Indemn ity ,\gr eemenl, nnd the City of Englewood sha ll be held harmless fr om nny and all li ab ilities ari sin g fr om this act io n. 6 . Th is Agreem ent sha ll inu,·e lo th e benefit of nnd be bin clin g up on lh e hei rs, e~ecutor~. aclm in ic;trnt ors , as si~.1 s, nn d su ccesso rs of th e res pe ctive pnrtiL s. IN WITNESS WHEREOF, the partiea hove ut their hand ■ and seals the day and yenr first written above. ATTEST : By :----------- Putrieia H. Crow, City Cieri< CITY OF ENGLEWOOi:, COWRADO a municipal corpo rati on By :--------,----- Clyde E. Wiggin ■, Mayor By : ------------Chari .. E ■t.erly, Dlr■ctor of Public \Vories By : ------------Direetor of Community Development PAUL'S RESTAURANT By : ------------ -2 - Paul H. Daghllan, 01\'ner 3542 South Fox Street Englewood, CO 80110