HomeMy WebLinkAboutencroachment.building. Bergman Block 80 Lots E, F G.1976 Recorded 3:14 PM September 1976 Reception No. Julie hane Recorder
186765
aoor, 316 PACE 238
CERTIFICATE
The undersigned, City Clerk of the City of Aspen,
Colorado, does hereby certify that the attached is a true
and accurate copy of an agreement between the City of Aspen
and Carl Bergman granting Bergman a revocable license to
encroach on public right of way; which license was granted
for the benefit of improvements located on Lots E, F and G
of Block 80, City and Townsite of Aspen, Colorado.
Dated: (� --mac. GJyc c. ..1/ /9 ?
_Cathryn CAcuter
City clerk
BOOK 316 PAGL 239
April 29, 1975
Mr. Carl Bergman
P.O. Box 1365
Aspen, Colorado 81611
Re: Requested Encroachment
Dear Carl:
This letter, and its acceptance by you, is a pre-
requisite for reliance on the Aspen City Council action
yesterday, April 28, 1975, granting the requested license
to encroach on the City right -of -way. It is understood
that the provisions hereof shall apply to the support
beams shown on the attached survey map encroaching on the
Main Street right -of -way.
The conditions for this grant of license to encroach
are as follows:
1. That you agree that this license is given
solely at the discretion of the City Council and
permission to encroach may be withdrawn for any
reason at any time. In the event such permission
is withdrawn, the City shall not be liable for any
costs incurred in abating such encroachment nor for
any actual or consequential damages resulting therefrom.
2. You agree that you will be responsible for
any maintenance and repairs of the right -of -way
encroachment necessary to keep the same, and the
right -of -way, in a safe condition.
3. Finally, you agree to indemnify and hold
the City harmless from any and all damages, or
liability by reason of death, injury or property
damage suffered by any person as a result of the
placement of the beams on our right -of -way. In
addition, if the City Council shall ever so require,
you agree to obtain comprehensive public liability
insurance covering bodily injury or death in an
amount at least equal to the comprehensive liability
insurance maintained by the City at that time.
Please indicate your acceptance of these conditions
r'• c�
800K316 PAGE240
Mr. Carl Bergman
April 29, 1975
Page Two
by your signature below and return this original to us.
Very truly truly yourss,,
Sandra M. Stuller
City Attorney
I, Carl Bergman, accept the above conditions for the
grant of permission to encroach and assume the responsibilities
enumerated.
Date: 9-9-7 4 _ 4
Car Bergman
CIT 'yki% ;$5 PEN
aspen ,c <, _ ' box v
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MEMORANDUM
DATE: April 22, 1975
TO: Members of City Council
FRO? endra M. Stuller
RE: / / Request for Encroachment - Bergman Building
Carl Bergman has requested a license to encroach on
the Main Street right -of -way for the following reasons:
The Bergman Furniture Store foundation was begun by
pouring of pilings along the lot lines (because adjacent
landowners refused to project owners access from their lands).
lZen the location of the lots was surveyed, the surveyor sited
various points at which the pilings should be poured. However,
in locating the pilings the contractor centered the pilings on
these points, rather than constructing them totally within the
surveyed lot lines. Consequently, the pilings are one -half
within, and one -half outside, the lot. This has resulted in
four inches of concrete underground at various locations along
the Main Street sidewalk.
Bergman requests a right to maintain the underground
encroachments because, while they may be physically removed, to
do so would require major structural changes. has agreed
to our three requirements; namely, that it is a license only and
revocable at the City's will, he must maintain the encroachment,
and he must indemnify the City against any claims that may arise
by reason of the encroachment.
A survey of the location of the pilings will be present-
ed. The City Engineer will advise you of any ojections he may
have to the grant of license.
SS /pk