Loading...
HomeMy WebLinkAboutcoa.en.Scott Community Property Trust.1976 ,Julie Hane, Recorder Reception No. 1.869P (� F, '78 Recorded at 10;17 A. Sept. 14, 197�un 3l 3 PALL RICEIVW AUG AUG1 • CITY : ;> 4 S PE N 130 so E street aspen, ' 3 , + a 4 ; 81 61 1 August 3, 1976 Scott Community Property Trust Post Office Box 4257 Aspen, Colorado 81611 Re: Encroachment on Public Right of Way Dear Sir: This letter, and the acceptance of its terms by a representative of the Trust, is a pre- requisite for reliance on the City Council action taken Monday, July 26, 1976, granting the requested license to encroach by your placement of a 42 -inch high wrought iron fence upon city -owned right -of -way. It is understood that the provisions hereof shall apply to the placement of the fence between existing sidewalk and your property line on both South Third Street and Hopkins Avenue for the benefit of your improvement known as the Scott Building located on Lots R and S, Block 38, City and Townsite of Aspen, Colorado. 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you agree that this license is given solely at the discretion of the City Council and permission to encroach may be withdrawn for any reason at any time. You further agree that you will, on receiving such request, remove the fencing from any area of city right -of -way, and all costs of removal shall be assumed by you. 2. You agree that you will be responsible for any maintenance and repairs of the right -of -way and encroachment necessary to keep both in a safe and clean condition as determined by the City of Aspen. 3. You agree that you will indemnify and hold the City of Aspen harmless from any and all claims or liability by reason of death, injury or property B0DK346 JT QL Scott Community Property Trust August 3, 1976 Page 2 damage suffered by any person as a result of the placement, retention and use of the improvements within the right -of -way. In addition, if the City Council shall ever so require, you agree to obtain comprehensive public liability insurance for the improvements in the right -of -way covering property loss, bodily injury, or death, in amounts at least equal to the comprehensive 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 you from the full compliance with all local and state regulations applicable to the construction of the proposed improvements. 5. And, finally, that the conditions hereinabove imposed on the granted right to encroach shall constitute covenants running with the land, binding upon you, your heirs, successors and assigns. Please indicate the acceptance of these conditions by an appropriate signature below and return the original to my office. The copy is for your file. Very truly yours, SMS:mc Sandra M. Stuller City Attorney de-,11 , a repre- sentative of the Scott Community Property Trust, certify that I am authorized to act in the name of the Trust and, on behalf of the Trust, accept the above enumerated conditions for the grant of permission to encroach. Dated ac.c� /a 7(7 // j // • (Title) RUSSELL SCOTT, JR., M.D. P.O. BOX 4257 ASPEN, COLORADO 81611 PRACTICE LIMITED TO UROLOGY August 13, 1976 (A /C 303) 925 -2018 Sandra M. Stulier City Attorney City of Aspen 130 South Galena Street Aspen, Colorado Dear Ms. Stulier: Enclosed is my signature agreeing to the conditions set down for licence to encroach on the public right of way concerning my property known as the Scott Building located on Lots R and S, Block 38, City and Townsite of Aspen, Colorado. I very much appreciate your granting this permission. Sincerely yours, //i Russell Scott, Jr., M.D. Scott Community Property Trust my • r► THE MOUNTAIN FORGE, Ltd. AWA srs41tt Tel. 925 -3844 230 East Hopkins Street Aspen, Colorado 81611 July 12, 1976 '-`"r. Clayton Leyring, uuildin- Inspector, City of Aspen. Dear Mr. l:;eyrin , I wish to apply for permission to install a wrought iron fence, 42" high, on the sidewalk area at the Scott Building, Lots a and 3, Block 38. The fence location is shown on the accompanying map and survey. In most of the encroachment, it will be only a few inches, and in all of it, il will be between the existing sidewalk and the property line. The sidewalk was laid out to protect the numerous cottonwood trees on the sidewalk area. The fence will in no way interfere with pedestrian use or safety. The major encroachment will be on a part of the 3rd street side, where a very large stand of cottonwoods will benefit from the protection, Sincerely yours, The ;Fountain Forge, Ltd., Francis Whitaker, :-'resident.