HomeMy WebLinkAboutcoa.en.Third Street.1956 . i O
RELEASE
I, Dora Purchard, on behalf of myself, my heirs and assigns,
for good and valuable consideration hereby release the City of Aspen from
any liabilities by reason of the encrochment of my dwelling house on Lots
A and B, Block 46, City and Townsite of Aspen, upon Third Street in said
City of Aspen, as follows;
I release and indemnify the City of Aspen in case of injury or
damage to the persons or property of third parties if injury should result
from said encroachment; and the City of Aspen is further released from
any liability of damage to said dwelling house by grading or other costs
which may result from the encroachment or by virtue of the fact that the
said dwelling house may be situated in part upon the street within five (5)
feet of the lot side -line; and the City of Aspen is further released from
any liability for the damage or cost or removal of said dwelling house,
should this be required.
_(ndL eial.Zagt/
STATE OF COLORADO )
)ss
City and County of Denver)
Subscribed and sworn to before me this 9 1 4 day of July, 1956.
My commission expires ,,, ,,A,/ 2 b� / ? a
te (Seal)
Notary Public
RESOLUTION
WHEREAS, Dora Purchard constructed a house on Lots A
and B, Block 46, City and Townsite of Aspen, and said house en-
croaches upon Third Street,
WHEREAS, the said encroachment resulted by the failure
of the agents of Dora Purchard to acquire a building permit as
required, of which Dora Purchard had no knowledge, but to the
contrary had instructed said agent or agents to secure said
permit, and
WHEREAS, the Council have fully investigated the matter
and find the facts as herein recited to be correct, and are willing
to grant unto Dora Purchard an easement to allow encroachment upon
Third Street upon the terms and conditions herein provided, for
the reason that the removal of the encroachment would be an extreme
hardship upon Dora Purchard and the use of Third Street as now
constructed and in use is not impaired nor is the public health,safety
and welfare affected,
NOW, THEREFORE, be it RESOLVED:
Section 1. The Mayor of the City of Aspen is hereby
authorized and directed to execute an easement to Dora Purchard,
her heirs and assigns, granting her the right to encroach upon
Third Street of this City with a building now located on said
Purchard property on Lots A and B, Block 46, City and Townsite
of Aspen, said building being a dwelling house and said right to
encroach including the eaves thereof as now constructed.
Section 2. The City of Aspen shall be indemnified in
case of injury or damage to the persons or property of third
parties if injury should result from said encroachment; and the
City of Aspen shall further be released from any liability of damage
to said dwelling house by grading or other costs which may result
from the encroachment or by virtue of the fact that the said
dwelling house may be situated in part upon the street within five
(5) released fromlanysliabilitya the
for the damage or cost hol further
or be
of said dwelling house, should this be required.
Section 3. The City of Aspen shall have the right to
terminate this easement after giving reasonable notice and upon
reasonable terms, should this be required for the health, safety
and welfare of the people of the City of Aspen.
Section 4. The Building Inspector is hereby authorized
to issue a Building Permit in accordance with the terms hereof.
Section 5. This Resolution shall take effect and be
in force from and after midnight of the date of passage.
Passed and approved by the Council of the City of Aspen
on the day of August, 1956.
MAYOR
ATTEST:
CLERK
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