Loading...
HomeMy WebLinkAboutcoa.en.210 Cooper Associates.1976 Recorded 3:18 PM September 3, 6 ReceptionNo. tie Hane Recorder 186769 BooK3l6 fbc 250 CERTIFICATE The undersigned, City Clerk of the City of Aspen, does hereby certify that the attached is a true and accurate copy of an agreement between the City of Aspen and Paul G. Anderson, representing 210 Cooper Associates, Ltd., granting a revocable right to encroach upon public right -of -way; which license was granted for the benefit of improvements located on Lots K, L, M and N of Block 76, City and Townsite of Aspen, Colorado. // Dated: J /9 74 4� Kath S Ha uter City Clerk v^ scnx3l6 ou:251 CITY PEN aspen ,c ► « , „ , Y` ar box v May 11, 1976 Mr. Paul Anderson 210 Cooper Condominium Association P. 0. Box 2916 Aspen, Colorado Re: Encroachment Request Dear Paul: This letter, and its acceptance by a representative of the 210 Cooper Condominium Association, is a prerequisite for reliance on the City Council's action taken yesterday, May 10, 1976, granting the requested license to encroach on the City right -of -way. It is understood that the provisions hereof shall apply to the retaining wall (and proposed canopy) for the condominium's underground parking garage encroaching into South Aspen Street a distance of 1.2 feet up to as much as 3.5 feet. The conditions for this grant of license to encroach are as follows: 1. That the Association agree that this license is given solely at the discretion of the City Council, and permission to encroach may be withdrawn for any reason at any time. The Association further agrees that it will, on receiving such request, remove the structure from the City right -of -way, and all costs of removal and /or demolition shall be assumed by it. 2. The Association agrees to 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, as determined by the City of Aspen. 3. The Association agrees to indemnify and hold the City harmless from any and all claims or liability by reason of death, injury or property damage suffered by any person as a result of the placement, retention or use of the improvements in the right -of -way. In '800K316 ac..Z Mr. maul Anderson May 11, 1976 Page 2 addition, if the City Council shall ever so require, the Association agrees to obtain comprehensive public liability insurance covering property loss and bodily injury or death in an amount at least equal to the comprehensive liability insurance maintained by the City at that time. 4. That nothing herein shall exonerate the Association from full compliance with local and state regulations relevant to the use and construction intended; and 5. Finally, that the provisions shall be deemed covenants running with the land and be binding upon the Association, its members, their and its heirs, successors and assigns. Please have an appropriate Association representative indicate acceptance of these conditions by his signature below and return this original to us. The copy is for the Association's files. Very truly yours, 4 S andra M. Stuller City Attorney SS /pk I, law. 6, /9,vp,l4'JI ,V , accept, on behalf of the 210 Cooper iieftalemiwiAm Assocationfathe above conditions for the grant of permission to encroach and assume the responsibilities herein enumerated. 210 Cooper €oaademiaium Association Iry Date: /114y /7 /77G By: /� ✓. arttetto 7- (Title) a �. MEMO TO: CITY COUNCIL FROM: DAVE ELLIS m CITY ENGINEER b�L DATE: May 6, 1976 RE: REQUEST FOR ENCROACHMENT @ 210 COOPER CONDOMINIUMS The City has requested an electrical easement from 210 Cooper Condominium Association in conjunction with the electrical undergrounding program. The retaining wall for 210 Cooper's underground parking garage encroaches into the S. Aspen Street right -of -way a distance of 1.8 feet up to a maximum of 3.5 feet. The exact extent of the encroachment is shown on the attached sketch. In the near future 210 Cooper wants to build a driveway canopy which would by necessity of construction encroach the same amount that the retaining wall does. 210 Cooper is willing to grant the electrical easement at no cost if the city will approve a standard encroachment agreement for the retaining wall and the proposed canopy. They will be submitting separately a sketch of the canopy. The engineering department recommends approval for the encroachment since there is still adequate room for pedestrian passage within the right -of -way. 1 , \ ASPEN ST. _ M r r 1 i 1 L- 1 i -- --- - -1: 1 ti o` N m Pi o y 1 R. g8 D 8 [Pm in = el )7 n [ -< > 0 -4 m 11 D I n RI p 0') z ' m m • 5 u) 6ro Z r9.. o m z t 0 E m Ill FO Z i \ - d 7 g c A&P -Etd- - STREET - r N 6 (i1 �: o n ^ •� UT I �� �� RETAI ItNG WALL �'� �W ' �� To I I LP DRIVEWAY o, RAMP , r 1 10.1' . { BASEMENT ENTRANCE ,, I I