Loading...
HomeMy WebLinkAboutencroachment.building. Bergman Block 80 Lots E, F G.1976 Recorded 3:14 PM September 1976 Reception No. Julie hane Recorder 186765 aoor, 316 PACE 238 CERTIFICATE The undersigned, City Clerk of the City of Aspen, Colorado, does hereby certify that the attached is a true and accurate copy of an agreement between the City of Aspen and Carl Bergman granting Bergman a revocable license to encroach on public right of way; which license was granted for the benefit of improvements located on Lots E, F and G of Block 80, City and Townsite of Aspen, Colorado. Dated: (� --mac. GJyc c. ..1/ /9 ? _Cathryn CAcuter City clerk BOOK 316 PAGL 239 April 29, 1975 Mr. Carl Bergman P.O. Box 1365 Aspen, Colorado 81611 Re: Requested Encroachment Dear Carl: This letter, and its acceptance by you, is a pre- requisite for reliance on the Aspen City Council action yesterday, April 28, 1975, granting the requested license to encroach on the City right -of -way. It is understood that the provisions hereof shall apply to the support beams shown on the attached survey map encroaching on the Main Street right -of -way. 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you agree that this license is given solely at the discretion of the City Council and permission to encroach may be withdrawn for any reason at any time. In the event such permission is withdrawn, the City shall not be liable for any costs incurred in abating such encroachment nor for any actual or consequential damages resulting therefrom. 2. You agree that you will be responsible for any maintenance and repairs of the right -of -way encroachment necessary to keep the same, and the right -of -way, in a safe condition. 3. Finally, you agree to indemnify and hold the City harmless from any and all damages, or liability by reason of death, injury or property damage suffered by any person as a result of the placement of the beams on our right -of -way. In addition, if the City Council shall ever so require, you agree to obtain comprehensive public liability insurance covering bodily injury or death in an amount at least equal to the comprehensive liability insurance maintained by the City at that time. Please indicate your acceptance of these conditions r'• c� 800K316 PAGE240 Mr. Carl Bergman April 29, 1975 Page Two by your signature below and return this original to us. Very truly truly yourss,, Sandra M. Stuller City Attorney I, Carl Bergman, accept the above conditions for the grant of permission to encroach and assume the responsibilities enumerated. Date: 9-9-7 4 _ 4 Car Bergman CIT 'yki% ;$5 PEN aspen ,c <, _ ' box v X4 MEMORANDUM DATE: April 22, 1975 TO: Members of City Council FRO? endra M. Stuller RE: / / Request for Encroachment - Bergman Building Carl Bergman has requested a license to encroach on the Main Street right -of -way for the following reasons: The Bergman Furniture Store foundation was begun by pouring of pilings along the lot lines (because adjacent landowners refused to project owners access from their lands). lZen the location of the lots was surveyed, the surveyor sited various points at which the pilings should be poured. However, in locating the pilings the contractor centered the pilings on these points, rather than constructing them totally within the surveyed lot lines. Consequently, the pilings are one -half within, and one -half outside, the lot. This has resulted in four inches of concrete underground at various locations along the Main Street sidewalk. Bergman requests a right to maintain the underground encroachments because, while they may be physically removed, to do so would require major structural changes. has agreed to our three requirements; namely, that it is a license only and revocable at the City's will, he must maintain the encroachment, and he must indemnify the City against any claims that may arise by reason of the encroachment. A survey of the location of the pilings will be present- ed. The City Engineer will advise you of any ojections he may have to the grant of license. SS /pk