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HomeMy WebLinkAboutencroachment.building.Bank of Aspen.Block 80 Lote P,Q,R,S.1980 • • AGREEMENT THIS AGREEMENT made and entered into this fie) day of , TAT" , 1980 , ntax, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as EDWIN F. GORDON, FRANK J. WOODS, III, E. ROBERT GORDON, WALTER H. "Aspen" and BIRK, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L. WENGRR JAMES W. PATTERSON, RONALD GARFIELD and ANDREW V. HECHT hereinafter referred to as "Licensee ". WHEREAS, Licensee is the (owner /.1 of the following described property located in the City of Aspen, Pitkin County, Colorado: was P, Q, RAND S BLACK 80 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO WHEREAS, said property abuts the following described public right(s) -of -way: ALLEY, BIAQO 80 ASPEN, COLORADO WHEREAS, Licensee desires to encroach upon said right(s)-of way 1.02 feet parallel and adjacent to the property above described for the following purpose: BANK OF ASPEN BUILDING WING WAIL ENCROACHES 1.02 Ala' AS SHOWN ON EXHIBIT "A" ATTACHED WHEREAS, Aspen agrees to the grant of a private license of encroachment subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and licensee covenant and agree as fol- lows: 1. A private license is hereby granted to Licensee to occupy, maintain and utilize the above - described portion of public right -of -way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole dis- cretion of the City Council of the City of Aspen. • 3. This license is matte subordinate to the right of Aspen to use said area for any public purpose. 4. Licensee is responsible for the maintenance and repair of the public right -of -way, together. with improvements constructed therein, which Aspen., in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of anv rPnresentative, agent, customer and /or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days' written notice of [its, her, his, their] intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at [its, his, her, their] expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee,' [its, his, her, their] heirs, successors and assigns: IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN, COLORADO By n Edel Mayor ATTEST: Kathryn , och City'Cl` k Licensee: • EDWIN F GORDON, :Y HIS ATIORNEY -IN-FACT Lam,. r. t , riT i1 � 71�i OD I11 . I l b tnlT .IGDI �C�r E. ROBERT GORDON titlAt IA. La i 5 22 a WALTER H. BIRK, BY s E. ROBERT GORDON • F, --BRI lOIRAFAEL ' c 21,4 II • DENNIS L. nor, BY HI ATTORNEY -IN-FACT E. ROBERT GO•it• W orPA • • SOS • . ',•, ' GARFIELD • ANDREW V. HECHT • ACKNOWLEDGEMENT STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Agreement was subscribed and sworn to before me this 5th day, of January, 1980 by EDWIN F. GORDON, by his attorney -in -fact, E. Robert Gordon, FRANK J. WOODS, III, E. ROBERT GORDON, WALTER F. BIRK, by his attorney -in -fact, E. Robert Gordon, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L. WENGER, by his attorney -in -fact, E. Robert Gordon, JAMES W. PATTERSON, RONALD GARFIELD and ANDREW V. HECHT. WITNESS my hand and official seal. My commission expires: June 16, 1981. .09) a w It Notary Public • • • • • • • • EXHIBIT "A" PS P oR5 0 n AZO ^ a R (5,40 so w'e co oo) 0Q ° p• 0 v sous= RAV .fERP ii n, z O, r a ec ' °- I I o ° 1 v. p 53 ti m — I• � ` m a - t f 1 f� o m R e D I 1 0 — 9 I= ry Z ' I F { 13.p a • C � Z A � U 00 1 I J u z pas S , la. CI (2 { , O.L Y n r r m �. I z or 9 ' A -1 � Fo co Zl rr 7C S r ...'.! n 0 iii p% p , 0) U N ri i rn © T. = r • ^ r 0 3 n � e 0 0 z m P p ,.'.' IS ' 1 p ` Z 0 C7 J D zs 4 . I r., 1 (N 14 °*5044M,loQQO) I {S MILL ST \ '.- coNC.:wnik P . - . \\ N l :sg, S MILL STREET • pp Z0 0 $mAOa A 112 a r • A �% o Z ikF3iAmmP�Am Om 8 g � a ® ` \ ...... m �G6 m p� y PD p � ° $ E pp m ¢ c Al u3 a R A • < A rgrni &Bo i n n > o i ® 0 A 20 � a m pn o 1 A• O p F 0 iffinPe) E A pi A il!;itni �a a1 m Pc, O • S K - m r P M 329 m ,o 1 Reception# 2:21106 Recorded at 9:05AM tnuary 17, 1980 Loretta Banner Recorder scoK 382 00,242 AGREEMENT THIS AGREEMENT made and entered into this ! 7 day of JANUARY , 1980 , IMMX, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as EDWIN F. GORDON, FRANK J. WOODS, III, E. ROBERT GORDON, WALTER H. "Aspen" and BIRK, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L. WENGER, JAMES W. PATiERSON, RONALD GARFIELD and ANDREW V. HECHT hereinafter referred to as "Licensee ". WHEREAS, Licensee is the [owner /2] of the following described property located in the City of Aspen, Pitkin County, Colorado: LOTS P, Q, R and S BLOCK 80 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO WHEREAS, said property abuts the following described public right(s) -of -way: SOUTH MILS. STREET AND EAST HOPKINS AVENUE AND ALLEY, BLOCK 80 ASPEN, COLORADO WHEREAS, Licensee desires to encroach upon said right(s) -of- way 7.5 feet parallel and adjacent to the property above described for the following purpose: BANK OF ASPEN BUILDING ROOF OVERHANGS UP TO 7,5 FttT AND PLANTERS ENCROACH UP TO 1 FEET AS SHOWN ON EXHIBIT "A" ATTACHED WHEREAS, Aspen agrees to the grant of a private license of encroachment subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and licensee covenant and agree as fol- lows: 1. A private license is hereby granted to Licensee to occupy, maintain and utilize the above- described portion of public right -of -way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole dis- cretion of the City Council of the City of Aspen. • 3OOK 382 PAGE 243 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensee is responsible for the maintenance and repair of the public right -of -way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and /or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days' written notice of [its, her, his, their] intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at [its, his, her, their] expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. acoK382 rAGE244 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, [its, his, her, their] heirs, successors and assigns. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN, COLORADO By H man Edel „ ui... Mayor F4,%, TESL'': . r y ii /) Rf ,,Kr, oc Git ° +C3 k Licensee: S1((�(��jIJ nL / �� 4g4ac L "-� � �5 rep. .-� EDWIN F. GORDON, Y HIS Y1TIORNEY -IN-FACT E -al ti v GO Pr `- , ..DS, 1 2 � . Imo_ E. ROBERT GORDON ul. , is . (5; LI Et � . WALTER H. BIRK, BY HIS ATTORNEY -IN-FACT E. ROBERT GORDON r n LiA/Li ,4,_ 1 fr/1yvd - \ AMELIA F. Bp.' . ,/ -mi. 9PY r. RAF `DI S EL{} L DENNIS L. WENGE', :Y HI A'PIURNEY-IN-FACT E. ROBERT GO'1.' t .j t / , - io n RONALD GARFIELD I �s- ANflRR.W ♦ _ . B001(382 PAGE245 ACKNOWLEDGEMENT STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Agreement was subscribed and sworn to before me this 5th day of January, 1980 by EDWIN F. GORDON, by his attorney -in -fact, E. Robert Gordon, FRANK J. WOODS, III, E. ROBERT GORDON, WALTER F. BIRK, by his attorney -in -fact, E. Robert Gordon, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L. WENGER, by his attorney -in -fact, E. Robert Gordon, JAMES W. PATTERSON, RONALD GARFIELD and ANDREW V. HECHT. ..... n r p, WITNESS my hand and official seal. t>•, My commission expires: June 16, 1981. J . , r N tary Public o A TE OF C • BGI 3S2 i'A(,; 246 • • EXHIBIT "A" • PJ ➢__N1 J ONJp 0 mzon a • Q (5 W° 5O cu9'E. 10000) 0 0 V 0 f EDGE OF PAVl MEWr ICI F o r [y Z u V Z 0 LDi O I k 26.9 k I NN! A in o, I A m O R ay'.� 'a 0 'ry I mp - �I p N @ = N �. • 1 1' 0 P me0 I A Z as m 1 / C GI - D izo 10 2.3.6 " 1 I / 0. Dm U � . 5E'' 0 a:I L I T ZZ 0-1 n Ez < Q O I,F D o 0Pi Io or • • P Co 2 El S m ry " r o A� ( ..:I 22 0% —I J o Co • I ry i x. = r o . t r L lia s S 0 0 CO- — m Z: 0 m " 1 , I • p ����rrr , � ( l = II Al m D • i5 . ilia • v Cited m: ., N P .1N 14 so4s'W 100.001 { 5. M I LL ST. I. oo� 0 • O fDi O • Amm S. MILL STREET ' " i o x n CI' 001Kp <AZmtCt • 7: - ix Z =m o: 0:1 c • ms »u a�N O p � i 9 D ,, ri O p mm A • M Dx 3 ;� p m C 0 D rA i0ZOODN ,n E8 W � q 8 r L N ln m u it m3 n g ih 1® � \ 5 m jcg p 9cm o m it i o s m. . �Z € 0p -It, A n L p £ Z 061 0 ' pnm f5 z 3 8 0 Z A ) !L, A A ca r z o A pa p m 4 n 0. 0 0 0 4 s � �� D3 g m on Fd nmOno u J g m3 g ffl o �� m� • ID 0 m PD a m Qp jmng l V N � b V D O Z 6 4 0 3 D 3 m d m � 0 • • • a.7 Reception # Recorded 4:45 PM January 16 1980 Loretta.Hanner Recorder BC0K382 PACE 237 AGREEMENT THIS AGREEMENT made and entered into this fle day of JANUARY, 1980 , {, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as EDWIN F. GORDON, FRANK J. WOODS, III, E. ROBERT CORDON, WALTER H. "Aspen" and BIRK, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L. WENGER JAMES W. PATTERSON, RONALD GARFIELD and ANDREW V. HECHT hereinafter referred to as "Licensee ". WHEREAS, Licensee is the [owner / of the following described property located in the City of Aspen, Pitkin County, Colorado: TATS P, Q, RAND S BIOCK 80 CITY AND ¶ltXQNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO WHEREAS, said property abuts the following described public right(s) -of -way: ALLEY, BLOCK 80 ASPEN, COLORADO WHEREAS, Licensee desires to encroach upon said right(s) -of- way 1.02 feet parallel and adjacent to the property above described for the following purpose: BANK OF ASPEN BUILDING WING WALL ENCROACHES 1.02 E'tiha' AS SHOWN ON EXHIBIT "A" ATTACHED WHEREAS, Aspen agrees to the grant of a private license of encroachment subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and licensee covenant and agree as fol- lows: 1. A private license is hereby granted to Licensee to occupy, maintain and utilize the above - described portion of public right -of -way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole dis- cretion of the City Council of the City of Aspen. BOOK 382 PAGE 238 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensee is responsible for the maintenance and repair of the public right -of -way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and /or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days' written notice of [its, her, his, their] intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at [its, his, her, their] expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 300K PACE 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, [its, his, her, their] heirs, successors and assigns. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN, COLORADO He n Edel Mayor VC 4 , `ATTuT '.�: . �� /AIL i / 4 ,; K @ gyy.R, och ' c- 9 t k' Licensee EDWIN F GORDON, :Y HIS ATIORNEY -IN -FACT E •.s::i3r GO•1aN l L/.4s� oy '$Tr J. yro IV. , I11 11, E. ROBERT GORDON ,,,t,k El _ awk l 5 724,i- 4,i- L , WALTER H. BIRK, BY PIS ATTORNEY -IN -FACT E. ROBERT GORDON 1 AItLIA F -BRI 2, 4RA L FAE liNyvv.") kV, L. k c lad tai -- DENNIS L. 2 '11 ,', BY HIS ATTORNEY -IN -FACT E. ROBERT GO•D• -, 01110 _ � , e‘m� % i / - JA d , k 4 a •- - 4 0 en IIIILIP ,_ L •47•i o GARFIELD _ Y ANDREW V. HECHT • • Ka 382 PAU 240 ACKNOWLEDGEMENT STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Agreement was subscribed and sworn to before me this 5th day of January, 1980 by EDWIN F. GORDON, by his attorney -in -fact, E. Robert Gordon, FRANK J. WOODS, III, E. ROBERT GORDON, WALTER F. BIRK, by his attorney -in -fact, E. "Robert Gordon, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L. '-'' "%twbgR, by his attorney -in -fact, E. Robert Gordon, JAMES W. PAT'68SON, RONALD GARFIELD and ANDREW V. HECHT. �a7�± t. WITNESS my hand and official seal. v � v My commission expires: June 16, 1981. j 1? 1 %-0A-A-C Notary Public BCGK 3$2 PAGE 241 EXHIBIT "A" 73'.2 rn O N • tl 0 xl R CSW °50 CaE. 10000 tl(,1�4 r EDGE OC PAVEMENT . 0 o p > � r — -, ; r d a o N ' z �.oel— o r P a D ' 26.6 ° 1 i o � r n I n -0 Q $ n2y I I 0 o® _ { ry o - I • mo i ji e D 1 0 A— U o F � E7 �� . - - - -- v I `� r _ � �� � 2 ': �: gas D _ m1 0 c. ° 4z4DN i2 .o eJS s — _ _ - - - - -� 17 ° i° m u ° I_ . n u ee., r , l e z= o D 0O�I�m D n f9 I o or iv 0 se I: N z ; i= 6 r� � 6 m ry ..J 1 A J 0 D a ro F{ . _ . m © m o 1 �e NO E m ° m 0 � � I s2 L I D D 255 % C CD 3 . M � � N 1 q' So e w 100 QO M • q S. M I LL ST. I CONGA. WL4l.K ...'..� z F D gN A 2 £ m� 5 MILL STREET tl p ZOGrn21°Dm1 -I -4 • r ( x Z - 1X A P 3 :3 PDz i P Cz n 6 t i iknO o A F " p 6>✓, rAf N E L C D �L z Di l p c oi - < m m 2 x 3 ° 4 m t 0: . Dn(1Ztl Z; ; On g Y l ` n 'NOm 8 D A '" fi 3 74m g ® Z m 10 z u3 a p l y m ob�� ° m 4- n n c 0 8 0 oir 0m 8 m p mn z P 0 t3m mc D g o A m m 0 II a 1 p r 3 fA @ � m °pF `o u j m g 5 2i g Zv° 4 Z o m II , m ° o-I D ® $ 3 V fm J m , o - f.:"'