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HomeMy WebLinkAboutcoa.en.Moore. 1973 1976 Recorded 3:20 PM September 3, "76 Reception No. Julie Hane Recorder 186770 B00K316 PACE253 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 K. N. C. B. Moore granting a revocable license to encroach upon public right -of -way; which license was granted for the benefit of improvements located on Lot C of Block 91, City and Townsite of Aspen, Colorado. Dated: a y c,z 0e5 /974 A Kathryn S ,tauter City Clerk 800K316 PAGE 254 CITY OF P E N aspen,colond ; box v October 16, 1973 K. N. C. B. Moore Box 690 Aspen, Colorado Re: Encroachment in City Right of Way Dear Ken: You will recall that when the City Council at its October 15, 1973, meeting gave permission to you to place a portion of your stairway on the City right of way, that the permission was subject to your acceptance of three conditions. They are as follows: 1. That you agree that the license is solely at the discretion of the City Council and permission may be with- drawn for any reason at any time. You agree that you will, on such request, remove the structure from any city right of way and all costs of removal and /or demolition shall be assumed by you. 2. You agree that you will be responsible for any maintenance and repair of the structure or right of way necessary to keep the same in a clean, safe and attractive conditioned as determined by the City of Aspen. 3. Finally, you agree to indemnify and hold the City of Aspen harmless from any and all damages or liability by reason of death, injury or property damages suffered by any person as a result of the placement of the structure on City property. In addition, in the event the City shall so require, you agree to obtain comprehensive public liability insurance covering bodily injury or death in the amount of at least $300,000 for each person in any one accident, $300,000 for each accident, and property damage in the amount of $100,000 for each occurrence. 8001<316 PAE 255 K. N. C. B. Moore October 16, 1973 Page 2 Please indicate acceptance of these conditions by signature below and return the original to us. Very truly yours, Sandra M. Stuller City Attorney SMS :mw cc: Dave Ellis Approved and accepted as to substance and form. do -{ b r- 14 , 19 7 3 A": Ai / o n rte_ Date K. N. C. Moo e • MEMO TO: Mayor & Councilmembers FROM: Dave Ellis, City Engineer RE: Right -of -way Encroachment Requests by Towne Place Apts. (Ken Moore) and Patio Building ( Jack Crandall) Date: October 12, 1973 I have no objection to the proposed stairs encroaching on the right -of -way in either instance. I would re- commend that the encroachments be granted subject to a written agreement incorporating the conditions contained 4 in the attached memo on previous encroachments. f €� `s } MEMO TO: SANDRA STULLER 4 CITY ATTORNEY ) FROM: DAVE ELLIS CITY ENGINEER RE: CONDTIONS FOR RIGHT -OF -WAY ENCROACHMENT AGREEMENTS. DATE: OCT. 4, 1973 The following conditions are the ones which I recommended @ council meeting 9/24/73 for the inclusion in the written agreements for right -of -way encroachments by Molterer Sports and the Coachlight Chalet: 1) the owner shall hold the city harmless from any damages or liability and he shall agree to obtain at the city's request a liability insurance policy with limits of $100,000/$300,000. 2) the owner shall be responsible for all maintenance necessary to keep the improvements within the encroach- ment in a safe, clean and attractive condition as may be determined by the City of Aspen. 3) the encroachment shall be at the discretion of the City Council and permission may be withdrawn if develop- ment of public facilities in the right -of -way so necessitates. Any costs for removal or demolition of encroaching improvement shall be the responsibility of the owner. cc: Clayton Meyring Building Inspector DE /dc B. Moore E x 690 Aspen, Colo. 81611 October 9th, 1973 / Clayton Meyting, Building Inspector City of Aspen / J / Box _J Aspen, Colorado 81611 Dear Clayton, I would like to be put on the agenda for the City Council Meeting of October 15th. My purpose is to reauest Council permission to WwQlys remodel my stair entrances inches out into the sidewalk at 409 East Durant Street, Lot C , Block 91, across from Rubey Park. I have owned this building for seventeen years and the steps have always been in the sidewalk. Both Curt Chase and the Hillside have steps existing in the sidewalk in Block 91. Much of this is due to the street cut made during the curb and paving program in the early 1960's. The lowering of Durant Street put the ground floors of our buildings auite a bit further above the sidewalk grade. As my building is only twenty —six inches back from the property line I am left with too steep a set of stairs if I try to stay within my property. Attached is a copy of my deed, photographs of the building taken when I first started remodeling in 1956 and some later in the early 1960's, a, drawing of the building and proposed landings and steps, plans for the remodel, and a site improvement survey. Sincly } D fiJJ00 loo