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Home My WebLink Aboutcoa.en.1360 Red Butte Dr.-Placement/Mailbox iiiii....o ~>u -.... _H>- =U)!i: -en::> ~....O _>U _a: _ez -H ==:I:~ _UI- _a:H -OIL -", -us =ZQ -..... _S -a: =III""lIZ -'" _..m -SS iiiii III""lI . S =... -me -m -..s ~"""&'I _m. _SUI _....N -N iiiii III""lI It: -SKI =m -N'" - g: 0 2. ThisJicense is granted for a perpetual term subject to being terminated at any time and for any ,=--_.. / reason at the sole discretion of the City Engineer of the City of Aspen. 'f REVOCABLE ENCROACHMENT LICENSE Complete the following line if this license is for a temporary encroachment: Valid for perpetual FR0fltRS frem tB.@ aate sf i&:&~lant;8. (in words) This Agreement made under this license and entered into this ~ c:: day of Septembe , 199 8 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter' referred to as "Aspen" and Harriet M. Zimmerman , at (PrinlFullN"",) liliO R"n Rnrt" Dr;"". A~p"n. ~n R 1 Ii 11 , hereinafter referred to as "Licensee." (Print Legal Mailing Address) WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: See Schedule I attached hereto and made a part hereof WHEREAS, said properties abut the following described public right(s)-of-way: Street address: Legal address: 1360 Red Butte Drive See Schedule I. No Subdivision/Lot & Block (Subdivision Name, Lot & Block Number, etc.) WHEREAS, Licensee desires to encroach upon said right(s)-of- way for the following purpose: the placement of a stone mailbox and as shown in Exhibit "A". attached to this License WHEREAS, Section 21.04.050 delegates the authority to the City Engineer to grant encroachment licenses; 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 purposes described. --....0 ->.... -..... iiiii....)Joo =UJ!E -:!l= _>u _a: _cz: - .. ==::J:><: -........ _a:.. -OL -It: -....61 =ZCSJ _w. _ 61 -a: =....z: _C'1 _uQ -6161 iiiii .... . 61 =... -OlD -01 -"61 !!!!!......S _01 . _Sell _'N -N iiiii..-tO:: -Sill =01 -N'" -Ill 0 !!!!!! N _"'N "I 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. 4. Licensee is responsibl~ 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. The Licensee shall obtain Right Of Way and Building Permit as required the City Community Development Department for any work to be performed in the public right-of-way with design approvals for such work obtained from the City Parks and Engineering Departments as appropriate. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 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., (currently $150,000 per person and $600,000 per occurrence) 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 fumish 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 canceled 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." The Licensee shall show proof of this insurance to the CitY before this agreement is filed. 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 actor 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. 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 i or property interests in or affecting said property as it deerns 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 attomey's fees. 12. If the structure(s) for which this license was issued is/are removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license prior to building. It is City policy to preserve public rights-of-way for the general public benefit, and it is not anticipated that reconstruction of encroachments would be permitted: I , No existing encroachment shall be enlarged without obtaining an additional license prior to construction. 13. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. )ku';~cb )1J . :J~44(. Licensee STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this 25th day of September , 19 98, by Harriet M. Zimmerman (Licensee) . WITNESS MY HAND AND OFFICIAL SEAL. ~YCOrnmiSSionexPires: 6/8/2002 ~ G~~ . _' NotaryPublic ' ", ,', \\"t ,'~,~' ) , , Elizabi=.tJ> 0;' Bergener, 1462 Greystone Drive, Carbondale, CO 81623 , \\",.'. Address '" \.. ,..'" ~':",~....1'..~...,.<>;~r ~. "*'. l~ (; rr C\.: " """ . ",.., ,~, ,.......,.... "<~ ." , CITY OF(ASREN, COLORADO ;,' " <- B?~ (2*4 City Engineer ATIBT ~j.'~-< ENG-313 EN0204 11111111111111111111111111111111111111111111111 ~!l~'1 ~2;~9: ~2~:~~~9~8 0 ~:~ 3~A 0 ~:gR~~~~~~~~~~N~Y_:<'_ _ SCHEDULE I LEGAL DESCRIPTION A Tract of Land situated in the Southwest Yo of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, described as follows: BEGINNING at a point whence the Southwest Corner of said Section 1 bears South 26030'20" West 1663.65 feet; thence North 57005' East 251.85 feet to the center of the Roaring Fork River; thence South 32020' East 9.43 fee.t along the center of the Roaring Fork River; thence South 47030' East 143.57 feet along the center of the Roaring Fork River; thence South 49053'30" West 273.66 feet; thence along the arc of a curve .to the right with a radius of 1183.26 feet a distance of 183.58 feet, A chord of which bears North 38002'30" West 183.39 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO . 111111I1111I11111111I11111111111111111111I1111I11111111 425290 12/09/1998 10:31A ENCROACH DAVIS SILVI 4 of ! R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO : I ' I I ,~ : I I I I I :' I - I I I I . , I ' . . I I 1 I' I.: I : : . I ,'I'., I..... ' I '''I : I I : 1 I. I ' :, I.' I[ . .', I 1 : : . ......., I I '. 1 . I . I. . 1 I I I 1 . I, I ,I I . " . . 1 !pROPERTY LINE , '. I . I , .. ,'.'.'..,[.... ....., . ,: ' '... I ':', I I '... 1 I' I . :' .: . I I' I ,I' I ,I . ' , .T ,"', :' . : I 1 ... ,,~. ~,.." : . . . , . I I :. I. I '., I[ I I I [ , 1.1 . [ 1 //1.:i ; r~1 u."... '. ......,......,.. : , I I I /ifll. II h ' LUlt} I . I . . I , ' " [' t t. '" I.. ::... -\ f.) , 21 nICI,:.. : 1 II ': . 1 '.n J JJ} 1~/1~~.~::I"i . I " ,I . 1 -. IF~JI~A_, . . -I ( .. . ~ . 1 '... ::C_. I.: J-_ ~ -: . I - --' - '- H -I -1- 12.0' 1 . ..., , 1 1 I. ',.....' .....,. ...,. . ., 1/ "I. 1 l 1 . .'-. ,/ ,.. , . : . I ;2.01' : '-./ : ,..,:. . . 1 1/, ,. I 'I " , .', ."..,..,./ . ."'.,.,....., ...ii'.1 . .. I I. ,I 1 . , . , .e I' I. 'I 1 1 ' . . ..,...,." . . , . . . 1 ' 'I .', .,. .... ..... .., ... .' . l , , . , . I . : ' .,. ,. . I 1 I' : I. " I: .. ": .' I ,'I 1 I ' '13160 l<F:nl ..: . . ' . ,...." 1 1 ' . ...., ' .... 1 : [:... ..., ,.....T 111111I1111I11111111I111111111111 11111111I111111111'1111 ' ",.., 4215290 12/09/1998 10,31A ENCROACH DAVIS SILVI 15 of 15 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO . ' . .., , 1 : I 1 1 I , : . . , I 1 1 . . I I I 1 . . I !.. ! ' . . I I , , 1 , . ...1 . .......T...: ' . I" . . . . . , . ' . ..... . . , . ..... . - -- EXHIBIT A JOB SHEET NO. OF CALCULATED BY DATE THE CITY OF ASPEN CHECKED BY DATE !Z" = 11 PUBLIC WORKS & ENGINEERING SCALE " , PROOUCT:ro4-1ISingIeSheet5)205'1(Pa~edl/NG:l'RfIf/)lnc"Groton.Mlss.01471.ToOrderPliONHOLLFREEHOCH!25'6380 , -- , " , .. ,