HomeMy WebLinkAboutencroachment.canopy.400 block E. Hopkins,200 S. mill.Harley Baldwin.1990 � � 'LiG'
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this 26 day of
February , 1990, by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and Harley
Baldwin, hereinafter referred to as "Licensee ".
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
as shown on Exhibit "A" attached hereto and
incorporated herein by this reference, City of
Aspen, Pitkin County, Colorado.
WHEREAS, said property abuts the following described
public right -of- way(s):
the 400 Block of East Hopkins Avenue and the
200 Block of South Mill Street, City of Aspen,
County of Pitkin, State of Colorado.
WHEREAS, Licensee desires to encroach upon said right -
of-way(s) with bay windows, entry doors and sidewalk canopy in the
area described as follows:
Beginning at the northwest corner of Block 88:
Thence S 75 09'11" E 61.00 feet along the
north line of Lots A, B and C, Block 88:
Thence N 14 50'49" E 8.00 feet:
Thence N 75 09'71" W 69.00 feet:
Thence S 14 50'49" W 89.00 feet:
Thence S 75 09'09" E 8.00 feet to the west
line of Lot A, Block 88:
Thence N 14 50'49" E 81.00 feet long said Lot
A to the point of beginning containing 1200
square feet more or less.
WHEREAS, Aspen agrees to the grant of a private License
of encroachment subject to certain conditions.
THEREFORE, in consideration of the mutual agreement
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. A private revocable 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
discretion of the City Council of the City of Aspen.
3. This License shall be subordinate to the right of
Aspen to use said area for any public purposes, which right will
not unreasonably interfere with the License granted Licensee by
this Encroachment Agreement.
B 616 NAUEGS3
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 for the benefit of the City with
limits of not less than those amounts specified by Section 24 -10-
114, C.R.S., as may be amended from time to time, naming the City
as co- insured. Licensee shall maintain said coverage in full force
and effect during the term of this License and shall furnish the
City with a copy of such coverage or a certificate evidencing such
coverage. Licensee shall use his best efforts to assure that all
insurance policies maintained pursuant to this Agreement shall
contain the following endorsement:
It is hereby understood and agreed that this
insurance policy may not be cancelled by the surety until
thirty (30) days after receipt by the City, by registered
mail, of a written notice of such intention to cancel or
not to renew.
6. Licensee shall save, defend and hold harmless
against any and all claims for damages, costs and expenses, to
persons or property that may arise out of, or be occasioned solely
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
Licensee's intent to cancel. Following written notice to Licensee
of such intent, 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
Licensee's expense, remove any improvements or encroachments from
said property. The property shall be restored to a condition
reasonably satisfactory to Aspen.
8. This License is subject to all state laws, the
provisions of the Charter of the City of Aspen as it now exists or
may hereafter be amended, and the ordinances of the City of Aspen
now in effect or those which may hereafter be adopted.
9. Nothing herein shall be construed so as to prevent
Aspen from granting such additional licenses or property interests
in or affecting said property as it deems necessary so long as such
grant does not unreasonably interfere with the License granted
Licensee hereunder.
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NMI 616 PaGE684
10. The conditions hereof imposed on the granted License
of encroachment shall constitute covenants running with the land,
and binding upon Licensee, his heirs, successors and assigns.
11. In any legal action to enforce the provisions of
this Agreement, the prevailing party shall be entitled to its
reasonable attorney's fees and costs.
IN WITNESS WHEREOF, the parties executed this Agreement
at Aspen the day and year first written.
CITY OF�ASPEN, COLORADO 44
William Stirling, Mayor
A4'TEST: 1.
- .Kathryn .; KOch, City Clerk
. °OD.) `
Har ey Baldw n, Licensee
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrplient was sworn and subscribed before me
this 0 7/ r day of r N4j a , 1990 by Harley Baldwin.
WITNESS my hand and offi al seal. y
My commission expires: T - 2V- /7 ; . % 4Y
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EXHIBIT "A" NOON 616 ? E685
TO
ENCROACII'4ENTT AGREEMENT
The North'80 feet of Lots A, B and C, Block 88, City and Towusite of
aspen (excepting that portion of said Lot C conveyed by Quit Claim Deed
recorded in Book 207 at Page 426. of Pi.tkiit County Records)
And a Parcel described ass •
•
. Beginning at Corner No. 1 which is the Southeast corner of Lot D in
Block 80 of the City and Townsite of Aspen, and the Southwest Corner of
Lot E In said Block thence running along the South Boundary of Lot B in
a Westerly direction a distance of 24 feet to Corner No. 2,
thence running In a Northerly direction parallel to the West Boundary
of said Lot 0 a distance of 20 feet to Corner No. 3,
thence running in an Easterly direction parallel to the South Boundary
of said Lots D and E n distance of 41 feet to Corner No. 4, thence
running in a Southerly direction parallel to the East boundary of'said
Lot E a distance of 20 feet to Corner No. 6, thence running in a
Westerly direction along the South Boundary of said Lot E a distance of
17 feet to Corner No. 1, the place 'of beginning;
and •
r
The South Twenty (20) feet of the East Thirteen (13) feet of Lot
lettered "E" in Block 80, City and. Townslte of Aspen;
•
and
The South Twenty (20) feet of the East Twenty Five (26) feet of Lot
lettered "D" in 88, City' Townslte of Aspen.
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• CITY AND TOWNSITE OF ASPEN, •
COUNTY OF P1TKIN, •
STATE OF COLORADO •
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