HomeMy WebLinkAboutcoa.en.Mason and Morse.315 E Hyman.1976 Recorded At 9:06 AM Decem_dr 27, 1976 REception no 1 90 ' '` Julie Hane
REcorder
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CITY. s a. SPEN
a� OK 321 PACE 960
130 so w, • �� street
aspen, `;z 81611
December 14, 1976
Edward W. Morse
Mason & Morse
Post Office Box Q
Aspen, Colorado 81611
Re: Encroachment on Public Right of Way
Dear Wendy:
This letter, and the acceptance of its terms by a
representative of Mason & Morse, Inc., the owner of the building
recently constructed on Lots E, F and G, Block 82, City and
Townsite of Aspen, is a pre- requisite for the reliance by you
on the City Council action taken Monday, December 13, 1976,
granting the requested license to encroach upon the adjacent
City -owned alley for the benefit of said building. It is
understood that the provisions hereof shall apply to the place-
ment of a sidewalk on the alley abutting your improvements on
Lots E, F, and G of Block 82, and all as shown on the attached
survey incorporated by this reference.
The conditions for this grant of license to encroach
are as follows:
1. That the corporation 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and permission to encroach may be withdrawn for any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. It further agrees that it will,
on receiving such request, have the sidewalk removed
from any area of City right -of -way, and all costs of
removal shall be assumed by it.
2. That the corporation agree to be responsible for any
maintenance and repair of the right -of -way (and sidewalk
constructed thereon) necessary to keep both in a safe
and clean condition as determined by the City of Aspen.
3. That the corporation agree that it will indemnify
and hold the City of Aspen harmless from any and all
claims or liability by reason of death, injury or
•
330K 321 PAGE 961
Edward W. Morse
December 14, 1976
Page 2
property damage suffered by any person as a result
of the placement, retention and use of the sidewalk
within the right -of -way. In addition, if the Council
shall ever so require, the corporation agrees to obtain
comprehensive public liability insurance for the side-
walk and the right -of -way covering property loss, bodily
injury, or death, in amounts at least equal to the com-
prehensive 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
it from the full compliance with all local and state
regulations applicable to the construction of the proposed
sidewalk.
5. And, finally, that the conditions hereinabove imposed
on the granted right to encroach shall constitute cove-
nants running with the land, binding upon the corporation,
its members, its and their heirs, successors and assigns.
Please have a representative indicate acceptance of
these conditions by an appropriate signature below and return the
original to my office. The copy is for the corporation file.
Very truly yours,
SMS:mc Sandra M. Stuller
Enc. City Attorney
, the
(name)
/ f , of Mason & Morse, Inc.,
(title)
certif that I am authorized to act on behalf of the corporation,
and in such capacity accept the above - enumerated conditions for the
grant of the permission to encroach.
Dated /� 2- 6
STATE OF COLORADO )
ss.
County of Pitkin
BOOK 321 i'AGE 62
Edward W. Morse
December 14, 1976
Page 3
Acknowledged before me, a notary public, this 16th
day of December , 1976, by
EDWARD W. MORSE , the PRESIDENT
(name) (title)
of Mason & Morse, Inc.
WITNESS MY HAND AND OFFICIAL SEAL.
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My commission expires: AUGUST 26, 1,x$0
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MEMO
TO: MEMBERS OF THE CITY COUNCIL
FROM: DAVE ELLIS
CITY ENGINEER
DATE: December 1, 1976
RE: ENCROACHMENT REQUEST - MASON & MORSE BUILDING
Having inspected the site I have no problems with
the request for a sidewalk encroachment to facilitate
deliveries and removal of trash while keeping the alley
closed.
MN
November 19, 1976
Ms. Sandra Stuller
City Attorney
130 South Galena Street
Aspen, Colorado 81611
Dear Sandy:
I talked with Mick Mahoney and Stacy Standley this
noon relative to the alley south of our building at
315 E. Hyman abutting to Wagner Park. They assured
me that this alley is to remain closed but not vacated
and that it would be satisfactory for us to construct
a four -foot sidewalk, three feet of which will encroach
on the alley on and along the south side of our building,
whereby, we can readily dispose of trash and have access
to small deliveries from the mall area on Mill Street.
This sidewalk will adjoin to the sidewalk previously
running along the Barnard building to the east, which
sidewalk had to be removed to install the necessary sewer
lines. The entire installation will be made at our own
expense.
Mick and I reviewed the area on site together today.
In talking with him, this will be put on the City Council
agenda for December 1st, after his return from vacation.
I would appreciate your preparing whatever paperwork is
necessary to accomplish this or to give me the assurance
that the above is satisfactory. With this assurance,
Mason & Morse will proceed to landscape behind the goal
posts, around the electrical transformer installation and
on the south side of the building. No landscaping will be
placed where it would in any way interfere with fire or
police access through the alley.
If I should appear at the City Council meeting or if I
can be of any assistance, please call on me.
Yours very truly,
INCORPORATED OR ,//4/1
NIOOFFIC& Edward W. orse, President
POST OFFICE BOX O
ASPEN, COLORADO 81611 cc: Mick Mahon
PHONE: 303 925 -7000 Mahoney
Stacy Standley
MN .
November 26, 1976
Ms. Kathy Houter
City Clerk
City of Aspen
130 South Galena
Aspen, Colorado 81611
Dear Ms. Houter:
In accordance with Sandy Stuller's request in
her letter of November 23, 1976, I am enclosing
herewith a copy of the improvement plat showing
the sidewalks installed along the alley in Block
82.
This is being forwarded to you for further trans-
mittal to the Engineering Department relative to
the City Council meeting scheduled for December 13,
1976.
Thank you kindly.
Sincerely,
MASON & MORSE, INC.
Edward W. M se
President
EWM:jlc
Enclosure
cc: Sandy Stuller
Mason &MORse
INCORPORATED
REM OFFlCB:
POST OFFICE BOX 0
ASPEN, COLORADO 81611
PHONE: 303 925 -7000