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Home My WebLink Aboutencroachment.retaining wall.Cantrup.Blocl 102 and 107.E Durant.1982 EXI -IIBIT "A" fI . License Agreement 900K 425 PALE 911 • 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., more 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 ° 50'49 "W 100.00 feet along the easterly line of said lot A to the south- east corner 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 6 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 line of vacated South Spring Street to the northerly line of Int 38, Ute addition to the City of Aspen; thence N74 24'00"W 4.44 feet along the northerly line of let 38, Ute Addition to the northwest corner of said Lot 38, Ute Addition to the City of Aspen; thence S59 51'00"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 S75 09/11"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 • n co cc • N W a D W K g O / � O D O m in ENCROACHMENT LICENSE AGREEMENT OK 42 AG � U • CO • o '3® N THIS AGREEMENT made and entered into this "¢ day of Mitt— , 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: "East Durant Avenue" 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: "Wood facia on concrete foundation wall" 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 8u01 425 WE 908 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. -2- BOOK 425 IAc,E90• 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 e man Edel Mayor ATTEST: - Kaelryn =S Koc City C i1) ,, "' Licensees: a B. Cantrup une M. Cantrup STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing Encrl h nt Licens Agre 6 ment was acknowledged before me this day of , 1982 by Hans B. Cantrup. (((((( Witness my hand and official se -1. My commission expires:5 / i / i - Not. .v • is Ad.r- -.s: O. A.[,4/ ,J�'7i�)1 i ySflJ s -3- %OK 425 rnIA. 910 STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing Encro nt License ��•re -i'ent was acknowledged before me this day of / , 1982 by June M. Cantrup. Witness my hand and official eal., My commission expires: 9 - - /y / d; .t</ No -' ,' Aid ss�/e • —4— EXHIBIT "B" 1 9UOK 425 r'ACE 112 Licse Agreement Legal Description: (Ene oachrcnt) 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., irore particularly described as follows: Beginning at a point being the northeast corner of Lot A, Block 107, City K N CV � 41. 0 co wCC a Zo 425 U (, O m� s ENCROACHMENT LICENSE AGREEMENT GK 1 "AGLc7®i C'D U a � rn '3® N F M oe THIS AGREEMENT made and entered into this Er_ at day of Mitt-- , 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: "East Durant Avenue" 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: "Wood facia on concrete foundation wall" 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 t... ....i .F�...- ........ 4 e.11 T�..un nnA 14nane ao nrnon nna