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HomeMy WebLinkAboutencroachment.building.204 E Durant.Carriage House Lodge or Mountain House.1986 r To: Mayor and Council Thru: Hal Schilling, City Manager ‘... From: Elyse Elliott, Engineering Department Subject: Carriage House Lodge - Request for Encroachment License Summary: This department recommends that the applicant's request for an Encroachment License be denied since it would not be of direct public benefit. Background: The applicant, Ralph Melville, is proposing to construct a 30 room lodge at 333 East Durant Street (northeast corner of Durant and Aspen streets). The plans for this lodge include a complete subgrade structure which would accommodate a pool, several parking spaces, and mechanical, storage and other miscellaneous rooms (refer to Attachment A). The applicant is requesting an 8' encroachment to extend the subgrade structure under the alley. If the applicant receives the Encroachment License, 24 subgrade parking spaces would be available, leaving 6 above ground, on site parking spaces to be provided according to Section 24 -4.5 (one parking space per bedroom). Should the application be denied, only 18 underground parking spaces could be created, leaving 12 to be provided above grade. The applicant could, however, accomodate more subgrade parking spaces by eliminating or re- arranging the other subgrade rooms. There are several utilities located in the alley: television, telephone, electric, gas and sewer. The applicant has agreed to bear all expenses associated with relocating the utilities. None of the utilities had any problem with this encroachment, neither did the Streets Department. Financial Implications: The City would incur no expenses by granting this Encroachment License. Recommendation: It is the policy of the Engineering Department not to recommend approval of Encroachment Licenses for new structures unless a direct public benefit can be seen. In this instance, we feel that only the Carriage House Lodge would benefit by using this public right -of -way, even though the encroachment is subgrade. Therefore, we recommend that this application be denied. Proposed Motion: I move for denial of the Carriage House appli- cation for an Encroachment License. ✓ . A --;--k a a hAtivE A I i 11 . 11 I 1 , . ,______ _n _ ...-, . ,. e • n Q i -- Il m 3 z 1 s m O *0 2 XI r D •Z _ ,,__e____ . _._m m �. ..a. _ GIBBON 6 RENO ARCHITECTS " ! ) 4 ; -u BONN r; -:!4 5 i " . Nar N m V o O D cm C CO 1p m 2. nz V b O 2 ENCROACHMENT AGREEMENT Cy R ' ao m 7O V rn This agreement made and entered into this 26th day of February , 19 8 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Ralph Melville hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lots K, L, M, N, & 0, Block 77; adress - 204 E. Durant City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right- of- way(s): the alley of Block 77 WHEREAS, Licensee desires to encroach upon said right -of way(s) with a subgrade structure that extends 8' into and under the alley. For this Encroachment License, the Licensee agrees to pave the entire alley of Block 77. WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right -of -way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. 4. Licensee is responsible for the maintenance and repair of the public right -of -way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean Bong 507 mia.513 condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24- 10- 114,C.R.S., as may be amended from time to time, naming the City as co- insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: 'It is hereby understood and agreed that this insurance policy may not be cancelled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew.' 6. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and /or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of Licensee's intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. 12. If the structure for which this license was issued is removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license. eonK 507 77.514 IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO B .% 9 / BILL STIRLING, May» ATTEST: •* : , .,. • F KATHRYN S. CH, City Clerk ` . q rLoMY + . Licensee STATE OF COLORADO ) ss. County of Pitkin ) The foregoing pmtrument was acknowledged • e me ,''s ('c&t day of Y /" /�4 , 19 , by _ / _ __ ./� Licensee. WITNESS MY HAND AND OFFICIAL SEAL. .yu. � ;� ''�t C a / � / fission expires: �7 '.\1 E (;, - -ta , _, ::', . ' 5/ 1 lailitiAl ■u-ii ?�: _ Notary blic .9.. ±..% � � a Address fa-