HomeMy WebLinkAboutencroachment.canopy. Block 107.Cantrup.1982 K N
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ENCROACHMENT LICENSE AGREEMENT"
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N -- oc THIS AGREEMENT made and entered into this
day of s: �Iv� L , 1982, by and between the City of Aspen,
Pitkin County, Colorado, hereinafter referred to as "Aspen"
and Hans B. Cantrup and June M. Cantrup, and or Assigns,
hereinafter referred to as "Licensees ".
WHEREAS, Licensees are the owners of the following
described property located in the City of Aspen, Pitkin
County, Colorado:
See Exhibit "A ", attached hereto and
incorporated herein by this reference.
WHEREAS, said property abuts the following described
public right -of -way:
"Alley of Block 107, City and Townsite
of Aspen"
WHEREAS, Licensees desire to encroach upon said
right -of -way, said encroachment being more particularly
described as follows and adjacent to the property described
above:
See Exhibit "B" attached hereto and
incorporated herein by this reference.
WHEREAS, Licensees desire to encroach upon said
right -of -way for the following purpose:
"Building Canopy Above Alley"
WHEREAS, Aspen agrees to the grant of a private
non - seclusive license of encroachment subject to certain
conditions.
THEREFORE, in consideration of the mutual agreement
hereinafter contained, Aspen and licensees covenant and
agree as follows:
1. A private non - exclusive license is hereby
granted to Licensees 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
et10K 425 PACE 914
at the sole discretion of the City Council of the City of
Aspen.
3. This license is made subordinate to the right
of Aspen to use said area for any public purpose.
4. Licensees are responsible for the maintenance
and repair of said encroachment, 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. Licensees shall at all times during the term
hereof, carry sufficient public liability insurance against
personal injury and property damage naming Aspen as a co- insured
and 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. Licensees shall and hereby do agree to hold
Aspen whole and harmless against any and all claims for
damages, costs and expenses, including attorneys' fees, to
persons or property that may arise out of, or be occasioned
by the use, occupancy and maintenance of said property by
Licensees, or from any act or omission of any representative,
agent, customer and /or employee of Licensees.
7. This license may be terminted by Licensees at
any time and for any reason on thirty (30) days' written
notice of its intent to terminate. 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, Licensees shall, at their expense, remove any
improvements or encroachments from said property and restore
it 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.
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900K425 r'AGE 915
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 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 Or
erman E.el
Mayor
- AT'
.. .011.rvi S/ och
CL0 i'€ystler
Licensees:
,.
- B. Cantrup
J
ne M. Cantrup /
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing Encroa h nt License gre nt was
acknowledged before me this ay of , 1982 by
Hans B. Cantrup.
Witness my hand and offi ial seal.
My commission expires: 6 78 - t
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Not. 'P b �..�
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STATE OF COLORADO ) �1)uli 425 r qG 916
ss.
COUNTY OF PITKIN
The foregoing Encroach t License ee nt was
acknowledged before me this 5 %'day of 1982 by
June M. Cantrup.
Witness my hand and off'cia sea .
My commission expires: �y 6
Not S! vc 4
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EXHIBIT "A"
License Agreement SJOK 425 PA( 917
Legal Description:
A tract of land situated in the townsite of Aspen and Ute addition, City of Aspen,
Colorado all lying within the NW ;, Section 18, Township 10 South, Range 84 West
of the 6th P.M., tore particularly described as follows:
Beginning at a point being the northeast corner of Lot A, Block 107, City and
Townsite of Aspen.
Thence S 14 100.00 feet along the easterly line of said lot A to the south-
east norner of Lot A; thence N75 ° 09'11 "W 30.00 feet along the southerly line of
said lot A to the southwest corner of Lot A; thence S14 50'49 "W 20.00 feet along
the easterly line of vacated South Spring Street to the northwest corner of Lot K,
Block 107, City and Townsite of Aspen, thence S75 ° 09'11 "E 190.00 feet along
the northerly line of Lots K through P and westerly 10.00 feet of Lot Q, Block 107,
City and Townsite of Aspen; thence S14 ° 50'49 "W 100.00 feet to the southly line
of said Block 107, City and Townsite of Aspen; thence N75'09'11 "W 190.00 feet
along the southern line of Block 107, City and Townsite of Aspen, to the south-
west corner of said Block 107; thence S14 ° 50'49 "W 6.43 feet along the easterly
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line of vacated South Spring Street to the northerly line of Lot 38, Ute addition
to the City of Aspen; thence N74 ° 24'00 "W 4.44 feet along the northerly line
of Lot 38, Ute Addition to the northwest corner of said Lot 38, Ute Addition
to the City of Aspen; thence S59 "W 44.00 feet; thence N38 ° 42'00 "W 63.08
feet to the southwest corner of the easterly 10.00 feet of Lot S, Block 102,
City and Townsite of Aspen; thence N14 ° 50'49 "E 220.00 feet to the northerly
line of Block 102, City and Townsite of Aspen; thence 575 "E 116.29 feet
along the northerly line of Blocks 102 and 107, City and Townsite of Aspen,
to the point of beginning. Containing 42,645.00 square feet more or less.
City of Aspen
County of Pitkin
State of Colorado
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E:4IIBI "B"
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• License Agreement
%OK 425 918
Icgal Description: (Encroachrent)
A tract of land situated in the 'Itwnsite of Aspen and Ute addition, City of Aspen,
Colorado all lying within the NW ; „• Section 18, Township 10 South, Range 84 test
of the 6th P.M., more particularly described as follows:
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'geginning at the northwest corner of Lot K, Block 107, Original City and
Tounsite of Aspen •
Thence S75 09'11 "E 13.00 feet along the northerly line of Lot K, Block
107, City and Townsite of Aspen
Thence N14 50'49 "E 4.1 feet
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Thence N75 09'11 "W 13.00 feet
Thence S14 50'49 "W 4.1 feet along the easterly line of vacated South Spring •
Street to the northwest corner of Lot K, Block 107, City and Townsite of Aspen
to the point of beginning.
City of Aspen •
County of Pitkin
State of Colorado
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