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HomeMy WebLinkAboutcoa.en.Walton.1977 ' ✓ ., MEMO TO: MEMBERS OF CITY COUNCIL FROM: DAVE ELLIS CITY ENGINEER DATE: February 9,1977 RE: ENCROACHMENT REQUEST - WALTON PROPERTY AT SPRING AND HOPKINS This request is for permission to erect a fence on the public right -of -way along the back edge of the existing sidewalk on both Spring and Hopkins. The engineering department has one primary objective to the proposal. Both sidewalks were con- structed without permits and do not meet standards. The code requires an eight foot width on both streets and the present four feet is wholly inadequate for the ever increasing pedestrian volumes in the area resulting from growth of the commercial district. If the sidewalks were brought up to the required width the engineering department could support the request subject to one other condition. This would be that the fence be low (30" - 36 ") and of an open type that would maintain the intent of the boulevard landscaping requirements. January 31, 1977 Aspen City Council City Hall City of Aspen Aspen, Colorado 81611 Re: Fence Encroachment Onto City Property I hereby respectfully request permission from the City of Aspen to construct a low fence around the perimeter of my residence located at 635 E. Hopkins St. (Lot H & I, Block 99). As our home is located in a commercial zone (C -1), we are seeking some degree of relief from the ever increasing problems of living downtown. We hope that a low fence constructed on the inside of the walk -way (see Exhibit "A ") will lessen lawn and tree damage caused primarily by dogs. Further, from time to time we have tourists peering into our windows and have individuals walking directly into our home thinking it is a commercial enterprise. As the proposed fence would of necessity be constructed on the inside of the existing walk -way, it would be located on city property. I have included a site plan with the proposed fence so indicated. Sincerely, e W. R: Walton d crrY � ; - / . SPEN 130 so -• street aspen, .mot 81611 larch 9, 1977 W. R. Walton Post Office Box 665 Aspen, Colorado 81611 Re: Encroachment on Public Right of Way Dear Bill: This letter, and the acceptance of its terms by you, is a pre- requisite for reliance by you of the City Council action taken Monday, February 28, 1977, granting the requested license to encroach upon the city owned right -of -way. It is understood that the provisions hereof shall apply to the place- ment of a low fence around the perimeter of your residence located on the southwest corner of Spring and Hopkins (Lots H and I, took 99) . 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 and other improvements 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 repair of the right -of -way (and improvements constructed therein) 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 W. R. Walton March 9, 1977 Page 2 liability by reason of death, injury or property 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, 1 me ' thryn S. 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