HomeMy WebLinkAboutlanduse case.ex.404 S Galena St.1986-EX-1 r ecorded at_ _ 2- o'clock P n, a DJ
?cept10G No. S /9 (.o e to a`,,nner, Pitkin i; , ■
ENCROACHMENT AGREEMENT BOOK 3 (11i e4 EJ 3.
This Agreement made and entered into this Z day of February, 1986,
by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter
referred to as "Aspen" and THE INDEPENDENCE COMPANY, A COLORADO
LIMITED PARTNERSHIP, hereinafter referred to as "Licensee ".
WHEREAS, Licensee is the owner of the following described property
located in the City of Aspen, Pitkin County, Colorado:
Lot A, B, and the West 7.5' of Lot C, Block 96
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
Galena Street and the alley of Block 96
WHEREAS, Licensee desires to encroach upon said right-of-way(s) as are
more specifically identified on the attached plat.
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 within the encroachment area, 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 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
BOOR 51J6 PacEQ383
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.
IN WITNESS WHEREOF, the parties executed this Agreement at Aspen
the day and year first written.
CITY OF ASPEN, COLORADO
2
By:
WILLIAM L. TILL G, Mayo
ATTEST: " J
L _ j /�'
ATHRYN 1. ' • ' , ity erk
-inv. 506 ^ c =384
LICENSEE:
THE INDEPEND NC COMP Y
BY: Atidigr
-e :
Gene
By:
GERALD L S, .
General Pa tner
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this p (,, "day of
1981, by The Independence Company, a Colorado limited
partnershi by Robert B. Goldberg, General Partner and Gerald Luss,
General Par ner.
Witness my hand and official seal.
My commission expires:6 /ii /s
` > >. ....... %S `t om W
N tT4R p ; Notary Public
tai
-o o - o -
...... = ,0
aF to\
•
1
.. COOPER AVENUE (73/' - 6' OA' ) f ')n
°004! (`. =:15 = -.D
DS/ NYORANT e ki •
.±- kIC
1 'aTFLOLLP 1, F' .27OR ML 97 - O
=A'TRAYIE II Sd _ 1
FJ"
OOH
"IITL02R - -1 y 42rva
h
—
NI
s/o. F@W�
k yL
S T A / R S T O - ' 1
RASE/1ST WI
9k
b
h
P
k I
h
F
• I h
' " BLOC4 96
' ' 1 LOT A LOT B i- _ WEST 75
\ NI
LOTC
, k ,$ ` 3 STORY B ICK BUILDING se'
2.. NoaF
/s WITH BA EMENT
1/41 •
1/41 evenhy , t l0
W� ` `
V I h I II
11
W • W e
.s 1 "' -
c�
5 I 1 e 1
I v . :
EAY2OffD BR /!H
b / 1 " , \ 4 ENTRANIE
d I.; BAISSSNT •
r I. - LN 'fl,/ E TO<OBBY I - . 1
/700S F[Op4S `
*,
1 �
O' .
fNTAAA; °f Tl \ 5 HETER
'V I -� /u ECOd1
N !
I .1'I ____ NlTf?s uc SAES Tr RUES
Iq ___ .. /• —____. \ T , • TELERNONE 77/.133
TELEPHONE L /NE ~ /NON G7 � a JTR/RS JD gL4 TfLE/NONE L /NEJ � lcfJ ccE
Cy - 1 CNBLE 71/ //NS
I 1 J f i f
•
i
MEMORANDUM
TO: Mayor and Council
THRU: Bob Anderson, City Manager
FROM: Jay Hammond, City Engineer
DATE: October 7, 1986
RE: Encroachment License for the Independence Lodge
SUMMARY
This department recommends approval of the entrance canopy
encroachment.
BACKGROUND
The Independence Lodge is requesting permission to construct a
20' x 6' canopy over the entryway that abuts the mall on Galena
Street. An Encroachment License was granted to the Independence
Lodge for the planter boxes which are directly below the proposed
canopy.
There were two requests from referral commissions and departments:
Historical Preservation Committee is requesting that all improve-
ments that were approved by HPC be completed. This includes
painting the alcove and installing the columns.
Parks Department is requesting that a portion of the Mall brickwork
that was replaced during last years construction of the Independence
Lodge be re -done under their supervision. They also will require
that all snow that falls from the canopy onto the Mall be removed
by the Independence Lodge.
RECOMMENDATION
It is recommended that the Encroachment License be granted to the
Independence Lodge with the following conditions applying:
1. The brickwork be redone
2. The alcove be painted
3. The columns be installed
Page Two
Encroachment License for the Independence Lodge
October 7, 1986
PROPOSED MOTION
I move to grant an Encroachment License to the Independence Lodge
with the following conditions applying:
1. The brickwork be redone
2. The alcove be painted
3. The columns be installed
EE /co /IndeLodge
MEMORANDUM
TO: Aspen City Council V I��
THRU: Hal Schilling, City Manag =j
FROM: Jay Hammond, City Engineer
SUBJECT: Independence Building Encroachment
DATE: March 19, 1985
SUMMARY: We would recommend approval of the Independence Building
encroachment request subject to conditions regarding the relocation of
utilities and removal of existing underground encroachments.
PREVIOUS COUNCIL ACTION: This matter was introduced to Council by
Stan Mathis at the March 11 meeting. Staff had not had sufficient
time to respond to the request and it was tabled.
BACKGROUND: The attached letter is an application from the office of
Stan Mathis on behalf of the Independence Building Company (Gerald Luss
and Robert Goldberg) requesting encroachment licensing of various
proposed and existing structures at the Independence. This matter has
been referred to various concerned City agencies and utilities for
comment and their suggestions are reflected in our recommended conditions
of approval.
PROBLEM DISCUSSION: The request is for approval of three new encroach-
ments including a planter and entrance stairwell extending six (6)
feet into the Galena Mall for a length of twenty -three (23) feet and a
new area -way and trash enclosure adjacent to the alley. In exchange
for these encroachments, the applicants offer to undertake several
items including removal of the encroaching coal bin in the alley,
removal of one of the basement access stairways adjacent to Galena
Street, and removal of the entire overhead canopy on the Galena side.
RECOMMENDATION: Based on our discussions with various City agencies
and utilities, the proposed encroachments into the alley do not
present any significant additional burden in that there already exist
encroaching structures and random dumpsters in this area of the
alley. The opportunity exists to "clean up" some of the building's
utility services and conditions related to utility relocation are
contained in the proposed motion.
Jim Holland notes that the proposed entrance off Galena should not
pose any significant problems for snow removal or access in that the
proposed design represents an increase of about 18 inches from what
exists now and the trees in that mall are some distance. Jim notes,
however, that removal of the canopy could result in an additional
maintenance problem of the remaining basement stairwell.
PROPOSED MOTION: I move to approve the Independence Building encroach-
ment request subject to the following conditions:
1. That the applicant undertake to relocate any interfering
utilities at his own expense and provide new alignments to
the satisfaction of the involved utilities.
2. The applicant remove all subgrade structure associated with
the old "coal bin" and backfill the area with compacted,
select material to the satisfaction of the City Engineer.
3. That new area ways (window wells) be adequately railed or
protected from passers -by and vehicular traffic.
4. That the applicant commit to keeping all dumpsters for the
structure in the refuse enclosure at all times.
5. That the applicants commit to working with the Commercial
Core and Lodging Commission to accommodate the mall lighting
plan as it relates to this building.
2
Mr. Jay Hammond February 22, 1985.
City Engineer, / , %tC E 1 yF\
Aspen, Colorado. FEB F n r,1;35
CITY
\per %NCINEER O
Dear Mr. Hammond, CLLG�
This letter pertains to the renovation of the Independence building;
specifically to the question of encroachments on to city property. It is our
hope as the architectual firm in charge of the re- design and restoration of
the Independence building to make the changes and necessary improve-
ments in keeping with the nature of the downtown historical district.
Furthermore, it is our intent to follow the guidelines of the H.P.C. in
maintaining the historical character of the Independence building. A part
of this effort is to remove superfluous architectual features (i.e. glass
canopy) , unsightly services (i.e. utility lines) and eliminate existing
encroachments not pertinent to its new use as a luxury hotel.
In consideration of the buildings historical nature and its location in the
heart of Aspen, we are cognizant of its importance as a means of tourist
commerce to the town of Aspen. In this regard, our efforts have
addressed three design constraints:
o Minimize design changes to the building exterior.
o Design an inviting hotel entry in keeping with existing entries at
ground level.
o Locate lobby on basement level due to space requirements of Cross
Roads Drugs at the Galena St. level.
This design solution, however, creates two new encroachments on to city
property.
o code requirements for light and ventilation make it necessary to
provide a light well for the managers unit on the lower level. This
nnhtn,on lnnata,1 ;n tha allay nff of the Galena St mall will not extend.
must be maintained as a required exit for the lower level and the adjacent
areaway used formely as a exhaust duct chase.
o An additional encroachment is needed for the new entry stairway
and planters on the Galena st. mall. This encroachment would extend one
and one half feet beyond existing encroachments (i.e. existing stairway
and canopy to lower level, entry enclosure to second floor.) This width is
necessary to accomodate the entry stairway and landing. Specific design
constraints govern the size and placement of the mezzanine level which
was determined by the existing location of eighteen inch interior bearing
walls, the stairtower which provides for public egress and the exit width
required in the case of an emergency or fire.
We ask for these two encroachments on to city property in consideration
of the overall scope of the renovation work which includes the following
(please refer to drawings):
o Remove the subgrade coal bin sarcophagus in the alley way .
o Remove the existing overhead utility masts; consolidate into one
electrical cabinet.
o Provide a covered refuse structure.
o Remove stairway(s) on GalenaSt. mall.
o Remove the overhead canopy on Galena St. mall.
o Provide landscaped area at the hotel entry with watering system
and heated steps.
o Other restoration efforts will include repair and cleaning of all
exterior brick, replacement of all exterior windows, refurbish storefront
with consistent materials, upgrade signage and exterior lighting.
Sincerely, j l w ,
Robert Brunkan
project architect