HomeMy WebLinkAboutencroachment.building.204 E Durant.Carriage House Lodge or Mountain House.1986 r
To: Mayor and Council
Thru: Hal Schilling, City Manager ‘...
From: Elyse Elliott, Engineering Department
Subject: Carriage House Lodge - Request for Encroachment License
Summary: This department recommends that the applicant's request
for an Encroachment License be denied since it would not be of
direct public benefit.
Background: The applicant, Ralph Melville, is proposing to
construct a 30 room lodge at 333 East Durant Street (northeast
corner of Durant and Aspen streets).
The plans for this lodge include a complete subgrade structure
which would accommodate a pool, several parking spaces, and
mechanical, storage and other miscellaneous rooms (refer to
Attachment A). The applicant is requesting an 8' encroachment to
extend the subgrade structure under the alley. If the applicant
receives the Encroachment License, 24 subgrade parking spaces
would be available, leaving 6 above ground, on site parking
spaces to be provided according to Section 24 -4.5 (one parking
space per bedroom). Should the application be denied, only 18
underground parking spaces could be created, leaving 12 to be
provided above grade. The applicant could, however, accomodate
more subgrade parking spaces by eliminating or re- arranging the
other subgrade rooms.
There are several utilities located in the alley: television,
telephone, electric, gas and sewer. The applicant has agreed to
bear all expenses associated with relocating the utilities. None
of the utilities had any problem with this encroachment, neither
did the Streets Department.
Financial Implications: The City would incur no expenses by
granting this Encroachment License.
Recommendation: It is the policy of the Engineering Department
not to recommend approval of Encroachment Licenses for new
structures unless a direct public benefit can be seen. In this
instance, we feel that only the Carriage House Lodge would
benefit by using this public right -of -way, even though the
encroachment is subgrade. Therefore, we recommend that this
application be denied.
Proposed Motion: I move for denial of the Carriage House appli-
cation for an Encroachment License.
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ENCROACHMENT AGREEMENT Cy R '
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This agreement made and entered into this 26th day of
February , 19 8 , by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
Ralph Melville
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lots K, L, M, N, & 0, Block 77; adress - 204 E. Durant
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right- of- way(s):
the alley of Block 77
WHEREAS, Licensee desires to encroach upon said right -of way(s)
with a subgrade structure that extends 8' into and under the alley. For
this Encroachment License, the Licensee agrees to pave the entire alley
of Block 77.
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement hereinafter
contained, Aspen and Licensee covenant and agree as follows:
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
public right -of -way for the sole purpose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole
discretion of the City Council of the City of Aspen.
3. This license shall be subordinate to the right of Aspen to
use said area for any public purposes.
4. Licensee is responsible for the maintenance and repair of
the public right -of -way, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
Bong 507 mia.513
condition.
5. Licensee shall at all times during the term hereof, carry
public liability insurance for the benefit of the City with
limits of not less than those specified by Section 24- 10- 114,C.R.S.,
as may be amended from time to time, naming the City as co- insured.
Licensee shall maintain said coverage in full force and effect
during the term of this License and shall furnish the City with a
copy of such coverage or a certificate evidencing such coverage.
All insurance policies maintained pursuant to this agreement
shall contain the following endorsement:
'It is hereby understood and agreed that this insurance
policy may not be cancelled by the surety until thirty (30)
days after receipt by the City, by registered mail, of a
written notice of such intention to cancel or not to renew.'
6. Licensee shall save, defend and hold harmless against any
and all claims for damages, costs and expenses, to persons or
property that may arise out of, or be occasioned by the use,
occupancy and maintenance of said property by Licensee, or from
any act or omission of any representative, agent, customer and /or
employee of Licensee.
7. This license may be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of Licensee's
intent to cancel. This license may be terminated by Aspen at any
time and for any reason by resolution duly passed by the City
Council of the City of Aspen. Upon termination Licensee shall,
at Licensee's expense, remove any improvements or encroachments from
said property. The property shall be restored to a condition
satisfactory to Aspen.
8. This license is subject to all state laws, the provisions
of the Charter of the City of Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen now
in effect or those which may hereafter be adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting such additional licenses or property interests in
or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land,
and binding upon Licensee, their heirs, successors and assigns.
11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reasonable
attorney's fees.
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license.
eonK 507 77.514
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
B .% 9 /
BILL STIRLING, May»
ATTEST: •* : , .,.
• F KATHRYN S. CH, City Clerk
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Licensee
STATE OF COLORADO )
ss.
County of Pitkin )
The foregoing pmtrument was acknowledged • e me ,''s
('c&t day of Y /" /�4 , 19 , by _ / _ __ ./�
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL.
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;� ''�t C a / � / fission expires: �7
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