HomeMy WebLinkAboutcoa.en.Scott Community Property Trust.1976 ,Julie Hane, Recorder
Reception No. 1.869P (� F, '78
Recorded at 10;17 A. Sept. 14, 197�un 3l 3
PALL RICEIVW AUG AUG1
•
CITY : ;> 4 S PE N
130 so E street
aspen, ' 3 , + a 4 ; 81 61 1
August 3, 1976
Scott Community Property Trust
Post Office Box 4257
Aspen, Colorado 81611
Re: Encroachment on Public Right of Way
Dear Sir:
This letter, and the acceptance of its terms by
a representative of the Trust, is a pre- requisite for reliance
on the City Council action taken Monday, July 26, 1976, granting
the requested license to encroach by your placement of a 42 -inch
high wrought iron fence upon city -owned right -of -way. It is
understood that the provisions hereof shall apply to the placement
of the fence between existing sidewalk and your property line
on both South Third Street and Hopkins Avenue for the benefit
of your improvement known as the Scott Building located on
Lots R and S, Block 38, City and Townsite of Aspen, Colorado.
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to encroach may be withdrawn for any reason at any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. You further agree that you will, on receiving
such request, remove the fencing from any area of
city right -of -way, and all costs of removal shall be
assumed by you.
2. You agree that you will be responsible for any
maintenance and repairs of the right -of -way and
encroachment necessary to keep both in a safe and
clean condition as determined by the City of Aspen.
3. You agree that you will indemnify and hold the
City of Aspen harmless from any and all claims or
liability by reason of death, injury or property
B0DK346 JT QL
Scott Community Property Trust
August 3, 1976
Page 2
damage suffered by any person as a result of the
placement, retention and use of the improvements
within the right -of -way. In addition, if the
City Council shall ever so require, you agree to
obtain comprehensive public liability insurance
for the improvements in the right -of -way covering
property loss, bodily injury, or death, in amounts
at least equal to the comprehensive liability
insurance maintained by the City at that time, and
further to name the City of Aspen as a co- insured
in such policy.
4. That nothing herein shall be construed to
exonerate you from the full compliance with all local
and state regulations applicable to the construction
of the proposed improvements.
5. And, finally, that the conditions hereinabove
imposed on the granted right to encroach shall
constitute covenants running with the land, binding
upon you, your heirs, successors and assigns.
Please indicate the acceptance of these conditions by
an appropriate signature below and return the original to my
office. The copy is for your file.
Very truly yours,
SMS:mc Sandra M. Stuller
City Attorney
de-,11 , a repre-
sentative of the Scott Community Property Trust, certify that I
am authorized to act in the name of the Trust and, on behalf of
the Trust, accept the above enumerated conditions for the grant
of permission to encroach.
Dated ac.c� /a 7(7
// j //
•
(Title)
RUSSELL SCOTT, JR., M.D.
P.O. BOX 4257
ASPEN, COLORADO 81611
PRACTICE LIMITED TO UROLOGY August 13, 1976 (A /C 303) 925 -2018
Sandra M. Stulier
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado
Dear Ms. Stulier:
Enclosed is my signature agreeing to the conditions
set down for licence to encroach on the public right of
way concerning my property known as the Scott Building
located on Lots R and S, Block 38, City and Townsite of
Aspen, Colorado.
I very much appreciate your granting this permission.
Sincerely yours,
//i
Russell Scott, Jr., M.D.
Scott Community Property Trust
my
•
r►
THE MOUNTAIN FORGE, Ltd.
AWA srs41tt Tel. 925 -3844
230 East Hopkins Street
Aspen, Colorado 81611
July 12, 1976
'-`"r. Clayton Leyring,
uuildin- Inspector,
City of Aspen.
Dear Mr. l:;eyrin ,
I wish to apply for permission to install a
wrought iron fence, 42" high, on the sidewalk area at the Scott
Building, Lots a and 3, Block 38. The fence location is shown
on the accompanying map and survey.
In most of the encroachment, it will be only a few inches,
and in all of it, il will be between the existing sidewalk and
the property line. The sidewalk was laid out to protect the
numerous cottonwood trees on the sidewalk area. The fence will
in no way interfere with pedestrian use or safety. The major
encroachment will be on a part of the 3rd street side, where a
very large stand of cottonwoods will benefit from the protection,
Sincerely yours,
The ;Fountain Forge, Ltd.,
Francis Whitaker, :-'resident.