HomeMy WebLinkAboutcoa.en.welding company ramp 1986 Recorded at
—;' hh r L � o'clock `/ 9 M.,
Reception No. _C / 5 /, -Th Loretta Banner, Pitkin Co. n '
ENCROACHMENT AGREEMENT
L'GON 504 PAZ 61
This agreement made and entered into this 22nd day of
November , 1985 , by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
_ David L. Pustolka
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
A block and wood building beginning at a point whence the W1 /4
corner of section 7 bears N 37o05'57" W 2262.30 feet, thence S
75o01'18" E 129.01 feet, thence S 16o38'42" W 127.00 feet, thence
N 67o30'34" W 36.88 feet, thence N 57o38'34" W 93.00 feet, thence
N 14o58'42" E 94.35 feet to the point of beginning.
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
Spring Street extension
WHEREAS, Licensee desires to encroach upon said right -of way(s)
with a ramp 30' wide and 20' long.
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.
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
BOOK 504 FASE 62
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
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF APSEN, COLORADO
;.. mit 504 ?4E 83
r
By /" Ar
:ILL ST •+ ING, May',
ATTEST:
-,e;„
ISPel#WIN S. oCH, City Clerk
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• •••
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Licensee
STATE OF COLORADO )
ss.
County of Pitkin )
The foregoing 'nstrument was acknowledged before me this
.�7' - day of , 19 ?Go , by be V/D .L. ru S7DZkA
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
9-4-
u, 3o, /914
Not P ublic .4de.,,
Address
J t l
MEMO
TO: DOROTHY NUTTALL
CITY ATTORNEY
FROM: CLAYTON MEYRING
(1--• -1- /11
CHIEF BUILDING INSPECTOR (/
DATE: April 4, 1978
•
RE: Encroachment of a Ramp into City Property and
Installation of an Overhead Garage Door.
Mr. Dave Pustolka of The Welding Company has applied
for a building permit to install an overhead garage door and
a 3'0" x 6'8" exit door on the north side of his shop at
Suite 5, 530 East Sleeker Street.
Two problems exist with this application. No. 1) A
Building Code problem due to the close proximity of the build-
ing to the property line and 2) an encroachment of a ramp
into City property due to the change of elevation of the
door and grade of the street.
On problem No. 1, the building code does not permit
openings in an exterior wall less than five feet to a pro-
perty line. The property line of the Rio Grande property is
approximately three'feet from the proposed doors and therefore,
no doors or any opening of any kind would be permitted; how-
ever the building code requires that two exits be provided.
The welding shop has only one exit and is hazardous for people
occupying the space should a fire or other catastrophy happen,
Since it appears that no development will occur at the Rio
Grande Property in this area and this will probably be open space,
the doors should be permitted, but only on a revocable permit
'basis. Should development occur the doors would be blocked
to conform with the requirements of the building code.
On problem No. 2, Dave Pustolka would like to encroach
into the Rio Grande Property approximately thirty feet for a
ramp in order to drive his welding equipment and other vehicles
into his shop. The 30 foot encroachment would make approximately
a 16% ramp very steep but perhaps useable, He plans on some
type of landscaping; however, to what extent I do not know. An
encroach agreement should be signed and passed by City Council
before the permit is granted,
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