HomeMy WebLinkAboutcoa.en.Golden Horn.1975 1976 Recorded 3 :25 PM Septembers, 1976 Reception No
186774 Julie Hane Recorder
800K 316 PAGE 265
CERTIFICATE
The undersigned, City Clerk of the City of Aspen,
Colorado, does hereby certify that the foregoing is a true
and accurate copy of an agreement between the City of Aspen
and Michael Lavinsky granting a revocable license to encroach
upon the public right of way, which license was granted for
the benefit of the improvements on Lot K and L of Block 89,
City and Townsite of Aspen, Colorado.
Dated au gam, c ,7/ /9 ?-6
Kathryn S. auter
City Clerk
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CITY '', \ ; , SPEN B30K316 PACE266
130 so , t . ` . . street
aspen, 81611
September 9, 1975
Michael Lavinsky, Esq.
Attorney -at -Law
500 Boston Building
828 17th Street
Denver, Colorado 80202
Re: Erhard Encroachment - Lots K & L
Block 89, City and Townsite of Aspen, Colorado
Dear Michael:
This letter and the acceptance of its terms by you,
on behalf of your client Hubert Erhard, is a prerequisite for
reliance on the City Council action taken yesterday, September 8,
1975, granting the requested license to encroach on the City
rights -of -way. It is understood that the provisions hereof
shall apply to the five (5) building and overhang encroachments
shown on that improvement survey prepared by Frank J. Humphrey,
dated June 19, 1963, attached hereto and incorporated by this
reference, and of record in Book 203, Page 69, of the records of
the Pitkin County Clerk and Recorder.
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 Council, is re-
vocable, and may be repealed whenever the health,
safety, welfare or convenience of the public so
require.
2. You agree that your client will be respons-
ible for any maintenance and repairs of the right -of-
way encroachment necessary to keep the same, and
the right -of -way, in a safe and clean condition as
determined by the City of Aspen.
3. You agree that your client will indemnify
and hold the City harmless from any and all claims or
liability by reason of death, injury or property
damage suffered by any person as a result of the
�. MAW
Michael Lavinsky, Esq. MAW PAGE26?
September 9, 1975
-Page 2-
retention of the improvements in our right -of-
way. In addition, if the City Council shall ever
so require, he agrees to obtain comprehensive
public liability insurance covering property loss,
bodily injury or death, in the amount at least
equal to the comprehensive liability insurance
maintained by the City at that time.
It is understood that the above shall constitute
covenants running with the land, binding on Hubert Erhard, his
heirs, successors and assigns, and that nothing herein shall be
construed to exonerate your client from full compliance with all
other applicable local, state and federal laws.
Please indicate your acceptance of these conditions
by your signature below and return this original to us. The
copy is for your files.
Very truly yours,
y /mil l l Z�
'Sandra M. S ller
City Attorney
I, Michael Lavinsky, certify that I am authorized
to act on behalf of Hubert Erhard in this regard, and accept the
above enumerated conditions for the grant of permission to en-
croach.
Date: Sal 9. / /IS
Michael avinsky, q.
Attorney -at -Law
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This is to certify that on this 19Th day o June , 19G3 1 rnade
oc . Lois K and L, Block 89, Ci+cl of Aspen, Coun+9 op Pi+kin,
State o.c Colorad-,,. _round the Two •z , ?rame and mn en-
cry bui ldkn9 4o be lo •-lied on •I-he above .cicscribe loroperc1 c1 t
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CITY , ''�, ' . SPEN
130 so i, street
aspen,' 81611
MEMORANDUM
DATE: September 2, 1975
TO: Members of City Council
FROM: Sandra M. Stuller
RE: Golden Horn
- Request for Encroachment
On Monday a representative for Hubert Erhard will
request your permission for various encroachments in the
right -of -way for the Golden Horn Restaurant on Lots K and L,
Block 89. The building encroaches as follows (see attached
improvement survey):
1. 4.4 foot overhang on Cooper
2. 2.41 feet on Cooper
3. 4.87 feet (stairwell) on Mill
4. .8 foot overhang on Mill
5. .79 feet on alley.
Hubert is attempting to refinance his mortgage and
closing is conditional on receipt of permission to encroach.
Hubert's attorney has consented to the conditions itemized in
the proposed encroachment agreement letter attached.
SS /pk
Attachment