HomeMy WebLinkAboutencroachment.wall retaining 210 Cooper condos block 76 Lots k,l,m,n 1976 .Recorded 3:18 PM.September 3, .�6 .ReceptionNo. ie Hane .Recorder
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.CERTIFICATE
The undersigned, City Clerk of the City of Aspen ,
does hereby certify that the attached is a true and accurate
copy of an agreement between the City of Aspen and Paul G.
Anderson, representing 210 Cooper Associates, Ltd. , granting
a revocable right to encroach upon public right-of-way; which
license was granted for the benefit of improvements located
on Lots K, L, M and N of Block 76 , City and Townsite of Aspen,
Colorado.
Dated:
T
�:
athryn S Hauter
City Clerk
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May 11, 1976
Mr. Paul Anderson
210 Cooper Condominium Association
P. O. Dox 2916
Aspen, Colorado
Re: Encroachment Request
Dear Paul:
This letter, and its acceptance .,by a representative of the
210 Cooper Condominium Association, is a prerequisite for
reliance on the City Council ' s action taken yesterday, May 10,
1976, granting the requested license to encroach on the City
right-cif-way. It is understood that the provisions hereof
shall apply to the retaining wall (and proposed canopy) for
the condominium' s underground parking garage encroaching into
South Aspen Street a distance of 1. 3 feet up to as much as
3 . 5 feet.
The conditions for this grant of license to encroach are as
follows:
1. ghat the Association 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and permission to encroach may be withdrawn for any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. The Association further agrees
that it will, on receiving such request, remove the
structure from the City right-of-way, and all costs
of removal and/or demolition shall be assumed by it.
2.
The Association agrees to be responsible for any
maintenance and repairs of the right-of-way encroachment
necessary to keep the same, and the right-of-way, in a
safe condition, as determined by the City of Aspen.
3. The Association agrees to indemnify and hold the
City harmless from any and all claims or liability by
reason of death, injury or property damage suffered by
any person as a result of the placement, retention or
use of the improvements in the right-of-way. In
2
r
Mr. caul Anderson
May 11, 1976
Page 2
addition, if the City Council shall ever so require,
the Association agrees to obtain comprehensive public
liability insurance covering property loss and bodily
injury or death in an amount at least equal to the
comprehensive liability insurance maintained by the
City at that time.
4. That nothing herein shall exonerate the Association
from full compliance with local and state regulations
relevant to the use and construction intended; and
5. �: inally, that the provisions shall be deemed
covenants running with the land and be binding upon
the Association, its members, their and its heirs,
successors and .assigns.
Please have an appropriate Association representative indicate
acceptance of these conditions by his signature below and return
this original to us. The copy is for the Association' s files.
Very truly yours,
O
andra M. Stuller
City Attorney
SS/pk
I, W-20 accept, on behalf of the
210 Cooper AssocationfWz7he above conditions for the grant
of permission to encroach and assume the responsibilities herein
enumerated.
210 Cooper ��a� ;�"�r; Association 0O
Date: /V-4Y /7.
(Title)
MEMO
TOc CITY COUNCIL
FROM:. DAVE ELLIS
• CITY ENGINEER
�LE,
DATE: May 6, 1976
RE: REQUEST FOR ENCROACHMENT @ 210 COOPER CONDOMINIUMS
The City has requested an electrical easement from 210 Cooper
Condominium Association in conjunction with the electrical
Undergrounding program. The retaining wall for 210 Cooper' s
underground parking garage encroaches into the S . Aspen Street
right-of-way a distance of 1 . 8 feet up to a maximum of 3 . 5
feet. Theexact extent of the encroachment is shown on the
attached sketch. In the near future 210 Cooper wants to build
a driveway canopy which would by necessity of construction
encroach the same amount that the retaining wall does.
210 Cooper is willing to grant, ; the electrical easement at
no cost if the city will approve a standard encroachment
agreement for the retaining wall and the proposed canopy.
They will be submitting separately a sketch of the canopy.
The engineering department recommends approval for the
encroachment since there is still adequate room for pedestrian
passage within the right-of-way.
CITY OF &,SPE1-A P-ZJGWEEZIWG DEPT.
ASPEN!, COLORADO
DATE : APR.. I9 197G
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