HomeMy WebLinkAboutencroachment.wall.Holden 290 Park Ave.1987 rAi
KRABACHER. SCHIFFER, HILL & EDWARDS P.C.
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPEN, COLORADO 81611
TELEPHONE
(303) 925-6300
TELECOPIER
(303) 925-1181
B. JOSEPH KRABACHER OF COUNSEL
SPENCER F. SCHIFFER JON DAVID SEIGLE
THOMAS C. HILL
BARRY D. EDWARDS
December 18, 1987
Kathryn S. Koch
City Clerk
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: Encroachment License
Dear Kathryn:
The City approved an encroachment license for 290 Park
Avenue, Aspen, Colorado 81611. In accordance with the
approval, we have forwarded the agreement to the owner to be
signed and returned.
I am enclosing three originals that have been signed by
Welter Holden. We need to get your signature and the
signature of Mayor Stirling. Please return at least two
copies to me after you have obtained the signatures. The
other original is for your files.
If you have any questions, please call.
Very truly yours,
KRABACHER, SCHIFFER, HILL
& EDWARD P.C.
By: '1 '
B oseph Krabacher
BJK /ljk
Enclosures (as recited)
cc: Martha & Paul Aspegren
BJK1C /33
ENCROACHMENT AGREEMENT
This agreement made and entered into this 8 th. day of
September , 19 , by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
WELTER HOLDEN
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lot 9 and a part of lot 6, Promontory Subdivision,
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right- of- way(s):
PARK AVENUE
WHEREAS, Licensee desires to encroach upon said right -of way(s)
with existing railroad tie and rock walls and steps to access
the entry of residence at 290 Park Avenue.
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built 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.
4. Licensee is responsible for the maintenance and repair of 0
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 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.
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 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. 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
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.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land,
and binding upon Licensee, their 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.
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license.
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
B_s L l
BILL STIRLING, Klayor
ATTEST:
d
KATHRYN . KOCH, City Clerk
1 44
X 4 , z
Licensee
STATE OF °F )
County of )
The foregoing in trprment was acknowledged before e e t is
- 3)C.," - 3)C.," day of C0.-- , 19g , by
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL.
My comraission expires: 4ho4.41.-6-- 1 / g
A
Notarblic
OFFICIAL SEAL a � 7d (�.LXI'YK"^ "s✓ (Y' 4tf/ od 9oz )
GEORGE E. HUNT ,,,,,4 '
� Notary Public California Address
�!�
�' �J' / PrinCipai Office !n
r
o / Los Angeles County
My Comm. Exp. Mar. 25, 19821;
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The fore oing instrument was acknowledged before me this
r 'day of , 1987 by Bill Sterling as Mayor
of the City of Aspen.
WITNESS my hand and official seal.
My commission expires: 4/017/9
( ddrLs () ,40...744/4,4
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
„ik The foregoing instrument was acknowledged before me this
33 day of ht.ng.ow , 1987 by Kathryn S. Koch as City
Clerk of the City of Aspen.
WITNESS my hand and official seal.
My commission expires: ,i
a 0 441 -ant)
N /� v�
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ENCROACHMENT AGREEMENT
This agreement made and entered into this 8 th. day of
September , 19 , by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
WELTER HOLDEN
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lot 9 and a part of lot 6, Promontory Subdivision,
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
PARK AVENUE
WHEREAS, Licensee desires to encroach upon said right -of way(s)
with existing railroad tie and rock walls and steps to access
the entry of residence at 290 Park Avenue.
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built 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.
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 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.
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 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. 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
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.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land,
and binding upon Licensee, their 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.
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license.
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
BY4%� '
BILL STI ING, May
ATTEST:
KATHRYN . KOCH, City Clerk
/Mat
Licensee
•
STATE OF )
leta J
) ss.
County of -4j in )
jilt foregoin in t ument was acknowledged before me hi
Z) day of 0 t� , 195 � 7 , by eria, � ne
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: t w`^-'� X67 g
OFFICIAL SEAL. Nota Publ is
CT ✓/�� 3 L�Y�/lI,�YlX/ y �� /�� 9 9
' 0
spy GEORGE E HUNT N otary PU lief uicrfta �l !� �J� /�V u/L.Q �7 / /�c.�z�
r ° coy r Address
.'! My Comm. Exp. Ma:. 25, 198
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The forggoing instrument was acknowledged before me this
3(5 day of ^C. r.. /_ . , 1987 by Bill Sterling as Mayor
of the City of Aspen.
WITNESS my hand and official seal.
My commission expires: o7� 74/
� .w
Natal. .1 1
(•:n.i js)i (�slD
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
66 4 1 The fo oing instrument was acknowledged before me this
day of , 1987 by Kathryn S. Koch as City
Clerk of the City of Aspen.
WITNESS my hand and official seal.
My commission expires: a0'I /9/
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