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HomeMy WebLinkAboutencroachment.fence.pre-requisit.alley 1022 e Hyman 1976 TO: MAYOR & COUNCIL THRU: HAROLD SCHILLING, CITY MANAGE FROM: JAY HAMMOND, CITY ENGINEER SUBJECT: EUBANK ALLEY VACATION SUMMARY It is recommended that the. portion of alley being considered for vacation be vacated. Dale Wub.ank and Patricia Card , . owners of the property adjacent to the portion of the alley being considered for vacation (see attached neap) are raking the application to vacate. The alley dead ends on the Cast Aspen Townsite Line and that area is presently used as par=ing and is only accessible from a driveway off of Hvman Street. The application was referred to the following City Departments and utility companies : Streets Dept . Fire Dept . Mtn. Bell * Electric Dept. *Sanitation Dept . *Rocky Mtn. Gas ?later Dept. Canyon Cable ?'hose. list=ed with asterisks responded and their responses were ,:costly favorable to the vacation , _saying it posed no problems. Rocky Mountain Gas was the - only one expressing any concern because they have a gas line going down the alley to service tl.e buildings on the block. If the alley is vacated then it will affect zoning as stated by Sec. 2,1-2 . 5 : Sec. 24-2.5. Zoning of vacated areas. Whenever, subsequent to the effective date of this section, I any street, alley or other public way within the City,of Aspen shall be vacated by action of-the city council, and when the lands within the boundaries thereof attach to and 0 become a part of lands adjoining such street, alley or public way, such lands formerly within such vacated street, alley or public way shall, automatically, and without •further action by the city council, acquire and be subject to the same zoning regulations as are applicable to land to which they attach, provided, that in determining land available for development, there shall be excluded from the calculation of allowable density or required open space those areas of the development tract acquired by vacation. (Ord. No. 11-1975, § 1) The area of the proposed vacation is 525 . 96 square feet. RECOMMENDATION. It is my recommendation that the alle,7 be vacated. There is no apparent need now or in the foreseeable future that this alley area is needed by the City of :aspen in its usual functions for utilities and access.. PROPOSED MOTION If Council concurrs, the motion should read as follows : I move that the City vacate the portion of the alley as applied for by Dale Eubank and Patricia Card giving to each their respective half of -the alley subject to the following: The owners will grant the necessary easements for the service . and maintenance of any utilities that are in the vacated area. Recorded at 10:55 A.M. , Novemb* 11, 1976 Julie Hane, Recordeleeception Number: Q CITY , R-e.A,SPEN 0 130 s ®u til g� 14e=°n:a s tree t BOOK 454 aspen , aiRba�d_o 81611 a �4o September 28 , 1976 Mr. Dale Eubank c/o James Daggs & Associates Post Office Box 3678 Aspen, :-olorado 81611 Re: Encroachment of Public Right of Way Dear Dale: 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, September 27 , 1976 , 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 the dog kennel into the south one-half of the easterly extension of alley 33 as it abuts your property, which consists of a part of Lot 6 , Riverside Addition to the City 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 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 ra M u Dale Eubank September 28 , 1976 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. ,',he copy is for your file. Very truly yours, SMS :mc _ Sandra M. Stuller Enc. _1 City Attorney Accepted this day of X011 1976. I f��-A al' ubank October 3, 1974 Dale Eubank James Daggs & Associates P.O. Box 3678 Aspen, Colorado 81611 Re: Requested encroachment Dear Dale: This letter, and its acceptance by you, are conditions precedent to the license granted to you to encroach upon. a city right-of-way given at the regular meeting held September 23, 197+. It is under- stood that you have been granted permission to place a propane gas tank in the city alley between Hopkins Street and Hyman Street for a period of one year from the date hereof, or the end of the natural gas moratorium, whichever occurs first. The conditions for this license are as follows: 1. That you agree that the license is solely at the discretion of the City Council and permission may be withdrawn for any reason and at any time. You further agree that you will, on such request being made, remove the tank from the right-of-way, and all costs of removal and/or demolition will be assumed by you;- 2. You agree that you will be responsible for any maintenance and repair of the tank or right-of-way encroached upon necessary to keep the same in a clean, safe and attractive condition as determined by the City of Aspen. 3. You agree to indemnify and hold the City of Aspen harm- less from any and all liability by reason of death, injury or property damage suffered by any person as a result of the placement of the tank on the city property. In addition, if the city shall so require, you agree to obtain comprehensive public liability insurance covering bodily injury or death in the amount of at least $500,000 for each accident, and property damage in the amount of $300,000 for each occurrence. Letter to Dale Eubank October 3, 1974 Page Two Please indicate your .acceptance of these conditions by your signature below and return this original to us. Thank you. Very truly yours, and-ra M. Stuller City Attorney The undersigned does hereby accept the above conditions for the grant of permission to encroach and assume the responsibilities and liabilities enumerated. �a Date Dale Eubank SMS C2erlti Jcrifcco .�Ccoua!�iriatd 303 925-4290 September 10 , 1976 Aspen City Council City of Aspen 130 South Galena Aspen, Colorado 81611 Ladies and Gentlemen : I am requesting permission to encroach upon the alley which adjoins my property at 1022 East Hyman in order to erect a ,fence approximately 10 x 15 feet in order that my dog have a place outside to stay while I am away at work. The alley is totally unusuable by the city for purposes of anything other than utility or trail easement and was full of trash and scrap lumber prior to my cleaning up the alley space in preparation of building a kennel.. The property is not visable from the street or even from the alley since it is down an embankment next to the river. I will sign an agreement to to;t;a'lly indemnify the city of any cost of removal of the fence in case of the city ' s desire to. have the fence so removed and the property placed back in the same order as prior to my erecting the fence . I would appreciate your consideration in granting me th-is encroachment . Thank you. Oalecerely ,Euban DE/rf