HomeMy WebLinkAboutencroachment.fence.pre-requisit.alley 1022 e Hyman 1976 TO: MAYOR & COUNCIL
THRU: HAROLD SCHILLING, CITY MANAGE
FROM: JAY HAMMOND, CITY ENGINEER
SUBJECT: EUBANK ALLEY VACATION
SUMMARY
It is recommended that the. portion of alley being considered
for vacation be vacated.
Dale Wub.ank and Patricia Card , . owners of the property
adjacent to the portion of the alley being considered for vacation
(see attached neap) are raking the application to vacate. The
alley dead ends on the Cast Aspen Townsite Line and that area is
presently used as par=ing and is only accessible from a driveway
off of Hvman Street.
The application was referred to the following City Departments
and utility companies :
Streets Dept . Fire Dept . Mtn. Bell
* Electric Dept. *Sanitation Dept . *Rocky Mtn. Gas
?later Dept. Canyon Cable
?'hose. list=ed with asterisks responded and their responses were
,:costly favorable to the vacation , _saying it posed no problems.
Rocky Mountain Gas was the - only one expressing any concern
because they have a gas line going down the alley to service tl.e
buildings on the block. If the alley is vacated then it will
affect zoning as stated by Sec. 2,1-2 . 5 :
Sec. 24-2.5. Zoning of vacated areas.
Whenever, subsequent to the effective date of this section,
I any street, alley or other public way within the City,of
Aspen shall be vacated by action of-the city council, and
when the lands within the boundaries thereof attach to and
0
become a part of lands adjoining such street, alley or public
way, such lands formerly within such vacated street, alley
or public way shall, automatically, and without •further
action by the city council, acquire and be subject to the
same zoning regulations as are applicable to land to which
they attach, provided, that in determining land available for
development, there shall be excluded from the calculation of
allowable density or required open space those areas of the
development tract acquired by vacation. (Ord. No. 11-1975, §
1)
The area of the proposed vacation is 525 . 96 square feet.
RECOMMENDATION.
It is my recommendation that the alle,7 be vacated. There is
no apparent need now or in the foreseeable future that this alley
area is needed by the City of :aspen in its usual functions for
utilities and access..
PROPOSED MOTION
If Council concurrs, the motion should read as follows :
I move that the City vacate the portion of the alley as
applied for by Dale Eubank and Patricia Card giving to each their
respective half of -the alley subject to the following:
The owners will grant the necessary easements for the
service . and maintenance of any utilities that are in the vacated
area.
Recorded at 10:55 A.M. , Novemb* 11, 1976 Julie Hane, Recordeleeception Number:
Q
CITY , R-e.A,SPEN
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130 s ®u til g� 14e=°n:a s tree t BOOK 454
aspen , aiRba�d_o 81611
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September 28 , 1976
Mr. Dale Eubank
c/o James Daggs & Associates
Post Office Box 3678
Aspen, :-olorado 81611
Re: Encroachment of Public Right of Way
Dear Dale:
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, September 27 , 1976 , 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 the dog kennel into the south one-half of the easterly
extension of alley 33 as it abuts your property, which consists
of a part of Lot 6 , Riverside Addition to the City 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 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
ra M u
Dale Eubank
September 28 , 1976
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. ,',he copy is for your file.
Very truly yours,
SMS :mc _ Sandra M. Stuller
Enc. _1 City Attorney
Accepted this day of X011 1976.
I f��-A
al' ubank
October 3, 1974
Dale Eubank
James Daggs & Associates
P.O. Box 3678
Aspen, Colorado 81611
Re: Requested encroachment
Dear Dale:
This letter, and its acceptance by you, are conditions precedent
to the license granted to you to encroach upon. a city right-of-way
given at the regular meeting held September 23, 197+. It is under-
stood that you have been granted permission to place a propane gas
tank in the city alley between Hopkins Street and Hyman Street for
a period of one year from the date hereof, or the end of the natural
gas moratorium, whichever occurs first.
The conditions for this license are as follows:
1. That you agree that the license is solely at the discretion
of the City Council and permission may be withdrawn for
any reason and at any time. You further agree that you
will, on such request being made, remove the tank from
the right-of-way, and all costs of removal and/or demolition
will be assumed by you;-
2. You agree that you will be responsible for any maintenance
and repair of the tank or right-of-way encroached upon
necessary to keep the same in a clean, safe and attractive
condition as determined by the City of Aspen.
3. You agree to indemnify and hold the City of Aspen harm-
less from any and all liability by reason of death, injury
or property damage suffered by any person as a result
of the placement of the tank on the city property. In
addition, if the city shall so require, you agree to
obtain comprehensive public liability insurance covering
bodily injury or death in the amount of at least $500,000
for each accident, and property damage in the amount of
$300,000 for each occurrence.
Letter to Dale Eubank
October 3, 1974
Page Two
Please indicate your .acceptance of these conditions by your
signature below and return this original to us. Thank you.
Very truly yours,
and-ra M. Stuller
City Attorney
The undersigned does hereby accept the above conditions for
the grant of permission to encroach and assume the responsibilities
and liabilities enumerated.
�a
Date Dale Eubank
SMS
C2erlti Jcrifcco .�Ccoua!�iriatd
303 925-4290
September 10 , 1976
Aspen City Council
City of Aspen
130 South Galena
Aspen, Colorado 81611
Ladies and Gentlemen :
I am requesting permission to encroach upon the
alley which adjoins my property at 1022 East Hyman in
order to erect a ,fence approximately 10 x 15 feet in
order that my dog have a place outside to stay while
I am away at work. The alley is totally unusuable by
the city for purposes of anything other than utility
or trail easement and was full of trash and scrap
lumber prior to my cleaning up the alley space in
preparation of building a kennel.. The property is
not visable from the street or even from the alley
since it is down an embankment next to the river. I
will sign an agreement to to;t;a'lly indemnify the city
of any cost of removal of the fence in case of the
city ' s desire to. have the fence so removed and the
property placed back in the same order as prior to my
erecting the fence .
I would appreciate your consideration in granting
me th-is encroachment . Thank you.
Oalecerely ,Euban
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