HomeMy WebLinkAboutcoa.en.Walton.1977 ' ✓ .,
MEMO
TO: MEMBERS OF CITY COUNCIL
FROM: DAVE ELLIS
CITY ENGINEER
DATE: February 9,1977
RE: ENCROACHMENT REQUEST - WALTON PROPERTY AT SPRING
AND HOPKINS
This request is for permission to erect a fence on the public
right -of -way along the back edge of the existing sidewalk on
both Spring and Hopkins. The engineering department has one
primary objective to the proposal. Both sidewalks were con-
structed without permits and do not meet standards. The code
requires an eight foot width on both streets and the present
four feet is wholly inadequate for the ever increasing
pedestrian volumes in the area resulting from growth of the
commercial district. If the sidewalks were brought up to
the required width the engineering department could support
the request subject to one other condition. This would be
that the fence be low (30" - 36 ") and of an open type that
would maintain the intent of the boulevard landscaping
requirements.
January 31, 1977
Aspen City Council
City Hall
City of Aspen
Aspen, Colorado 81611
Re: Fence Encroachment Onto
City Property
I hereby respectfully request permission from the City of Aspen
to construct a low fence around the perimeter of my residence located
at 635 E. Hopkins St. (Lot H & I, Block 99).
As our home is located in a commercial zone (C -1), we are seeking
some degree of relief from the ever increasing problems of living
downtown. We hope that a low fence constructed on the inside of the
walk -way (see Exhibit "A ") will lessen lawn and tree damage caused
primarily by dogs. Further, from time to time we have tourists peering
into our windows and have individuals walking directly into our home
thinking it is a commercial enterprise.
As the proposed fence would of necessity be constructed on the inside
of the existing walk -way, it would be located on city property. I
have included a site plan with the proposed fence so indicated.
Sincerely,
e W. R: Walton
d
crrY � ; - / . SPEN
130 so -• street
aspen, .mot 81611
larch 9, 1977
W. R. Walton
Post Office Box 665
Aspen, Colorado 81611
Re: Encroachment on Public Right of Way
Dear Bill:
This letter, and the acceptance of its terms by you,
is a pre- requisite for reliance by you of the City Council
action taken Monday, February 28, 1977, granting the requested
license to encroach upon the city owned right -of -way. It is
understood that the provisions hereof shall apply to the place-
ment of a low fence around the perimeter of your residence located
on the southwest corner of Spring and Hopkins (Lots H and I, took
99) .
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 and other improvements
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 repair of the right -of -way (and
improvements constructed therein) 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
W. R. Walton
March 9, 1977
Page 2
liability by reason of death, injury or property
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,
1
me ' thryn S. Ilauter
C y Clerk
I , — , the O vvb.-e..->
(name) (title)
of the southwest corner of Spring and Hopkins (Lots H and I, Block
99), accept the above enumerated conditions for the grant of
permission to encroach.
Dated 4 / / S ? `?
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