HomeMy WebLinkAboutresolution.council.002-56RESOLUTION
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WHEREAS, Dora Purchard constructed a house on Lots A
and B, Block 46, City and Townsite of Aspen, and said house en-
croaches upon Third Street,
WHEREAS, the said encroachment resulted by the failure
of the agents of Dora Purchard to acquire a building permit as
required, of which Dora Purchard had no knowledge, but to the
contrary had instructed said agent or agents to secure said
permit, and
WHEREAS, the Council have fully investigated the matter
and find the facts as herein recited to be correct, and are willing
to grant unto Dora Purchard an easement to allow encroachment upon
Third Street upon the terms and conditions herein provided, for
the reason that the removal of the encroachment would be an extreme
hardship upon Dora Purchard~and the use of Third Street as now
constructed and in use is not impaired nor is the public health,safety
and welfare affected,
NOW, THEREFORE, be it RESOLVED-
Section 1. The Mayor of the City of Aspen is hereby
authorized and directed to execute an easement to Dora Purchard,
her heirs and assigns, granting her the right to mcroach upon
Third Street of this City with a building now located on said
Purchard property on Lots A and B, Block 46, City and Townsite
of Aspen, said building being a dwelling house and said right to
encroach including the eaves thereof as now constructed.
Section 2. The City of Aspen shall be indemnified in
case of injury or damage to the p~rsons or property of third
parties if injury should result from said encroachment; and the
City of Aspen shall further be released from any liability of damage
to said dwelling house by grading or other costs which may result
from the encroachment or by virtue of the fact that the said
dwelling house may be situated in part upon the street within five
(5) feet of the lot sideline; and the City of Aspen shall further
be released from' any liability for the damage or cost or removal
of said dwelling house, should this be required.
Section 3. The City of Aspen shall have the right to
terminate this easement after giving reasonable notice and upon
reasonable terms, should this be required for the health, safety
and welfare of the people of the City of Aspeno
Section 4. The Building Inspector is hereby authorized
to issue a Building Permit in accordance with the terms hereof.
Section 5. This Resolution shall take effect and be
in force from and after midnight of the date of passage.
Pa~ed and approved by ihe Council of the City of Aspen
on the __~/~_ ~-~ day of August, 1956 ~
' ~'- MAYOR
ATTEST:
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RELEASE
I, D~a Purch~rd, ~n behalf ~ myself~ my heirs ~d
for ~d a~ va~b~ c~tdera~~ ~reby tek, se ~ Ci~ of As~n from
~y ~bt~es by re~s~ ~f ~e e~roc~~t ~, my dwe~ ~~e ~ L~ts
A nd B, B~k 46, <t~ ~ To.site of Ao~~ u~ ~rd S~eet h said
C i~ ~ ~'~n, a s fo~owa ~ .
I ~.e~ase ~d-'~e~~y ~e C~y of ~~n in case of i~ury or
~~fe ~ b ~rs~ or pretty ~ ~rd ~rfles ~ ~~y shouM result
fr~ hid e~r~chm~t; ~d ~ Ct~ of As~n is brier released from
~ny hbi~~ of ~~~e ~ ~td dwe~~ h~se by srs~s or o~er coe~
which may ree~t ~om ~e e'~r~c~~t or by vtr~e ~ ~e hot
sam dwe~ ~~e ~y b situ~d ~ ~rt u~n ~ o~eet
feet of ~e I~ st~-~; ~ ~ CtW of AeOn is f~~r rebioed from
any ~bl~~ for b ~~-ge or cost or remora o.f o&M dwe~~ house.
s~uM ~s b req~re.d.
$ TA IrE OF CO ~RA~ )
C i t~ i,~ Coun~ ,~ Deave r)
(sei)
ORIGINAL
RELEASE FILED WITH
CITY CLERK AUGUST 6,
1956.