HomeMy WebLinkAboutcoa.en.Trescott.1985 •
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ENCROACHMENT AGREEMENT C A n
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This agreement made and entered into this 7 emlay of 0 ,
September , 1985_, by and between the CITY OF PENS Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
Olive Trescott
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lots H & I, Block 35
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right- of- way(s):
The alley of Block 35
WHEREAS, Licensee desires to encroach upon said right -of way(s)
with her existing shed and garage 4" into the alley right -of -way.
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 is made 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.
,u0K 4 PAGE r
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 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 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 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 laws, 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, their heirs, successors and assigns.
11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to his reasonable
attorney's fees.
12. If the structure for which this license was issued is
removed for any reason, the Licensee may not rebuild in the same
location without obtaining another encroachment license
. BOOK 498 PPGEYid
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF APSEN, COLORADO
BY
BILL STI ING, Mayor
";!
;ATT
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RATEIIRYN..S:,(/RQCH, City Clerk
( '.;
Licensee
STATE OF COLORADO )
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
day of Cdr i o \ex - , 19 9. S , by (1 i \ Y N; 1 r e Sr O
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL. MARY ARMSTRONG /NOTARY PUBLIC
RRST NATIONAL BANK
P.O. BOX 3318 ASPEN, CO 81612
My commission expires: MY COMMISSION FX13IxFC. /23/86
Not y Pub
'fi -% 1 J Q J _ Address MARY E ARMSTRONG /NOTARY PUNY.
r Q v . M J l V= FIRST NATION BANK
i P.O. X 38
MY CO 31 EXPIRES ASPEN, C0 1/23/86 81612
6 C r. `r
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To: Mayor and Council
Thru: Hal Schilling, City Manager
From: Elyse Elliott, Engineering Department
Subject: Trescott Encroachment
Summary: It is recommended that Council approve an Encroachment
License for the existing structure on the Trescott property.
Previous Council Action: None
Background: The Trescotts are proposing to renovate a garage and
shed structure that encroachs 4" into the alley right -of -way of
Block 35 (see Attachment A) . When they applied for a building
permit, the Building Department realized this encroachment and
required them to obtain an Encroachment License.
This encroachment does not interfere with any of the utilities in
the alley nor does it create a maintenance problem. The Engineering
Department recommends approval of an Encroachment License for the
Trescotts for this reason and also to acknowledge this encroachment
that has existed for many years.
Proposed Motion: I move for approval of an Encroachment License
for the Trescott's garage and shed structure.
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WOOD FRAME GARAGE & SHED -
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1 (30.00 29.97 ,. 18.7' )10,
(N 75 I W) SHED CORNER ENCROACHES APPROXIMATELY
4" INTO ALLEY RIGHT -OF -WAY
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35 21.07 WIDE
NER IS APPROX. CENTER OF ALLEY
) TELEPHONE UNDER GROUND TELEPHONE -
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SOUTHEAST CORNER \F
BLOCK 35 NI