The URL can be used to link to this page

Home My WebLink Aboutencroachment.110 Waters mailbox structure.2001 , 7.t-t:-- "f/V?t> rWWl5~ .LA--;?tr 2-DtJ I tWIll ~~A~ ..~';; L ) 'A'~Jil1 REVOCABLE ENCROACHMENT LICENSE __ I cccccccccccccccccccccc ~~~~~~~~~~~~~~~~~~~~~~~ I ---------------------- ---~------------------- COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: P AGE NUMBER: . ~~ccc~~~~~s~~~~f;;~~~~~ dd;2~~;2d;2;2;;2d~;;2:)::>;;;;?;2::>:J::>::);2~ INSTRUCTIONS: COI'1PLETE THE FOLLOWING AS IT APPLIES TO YOUR REOUEST THIS liCENSE IS. FOR: (CHECK ONE) o TEMPORARY SHORT. TERM OCCUPATION OF PUBLIC ROW FROM TO Jd'TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY o TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY This Agreement made under this license and entered into this 3 ~ day of 0 ~ Lou, 200~, by and between the CITY OF ASPEN, Pitkin COlmty, Colorado, hereinafter referred to as "ASPEN" and f;1l/l" ve>,,€:H..t-j ,at 11\0 w~" flVGr\>LlB l\"':>tQ.J&Dt~>l(P11 ,f'riml'ullN"""l )lriIIIlcpIMoitintAlbaiI hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Street Address: "I (? wA--rlrn-<, 1'rV~V E- I M peN Legal Address: 1-'01' If) , ';'A-vr:::e~""'o"t> s.vB>P'VI'710N , WHEREAS, said properties abut the following described public right(s)-of-way: w ....rl<ll..., I'I've;'\J U€" WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A ", attached to this License: a " M M A11-- e.d X '7172--'1 V1V re..e -. . WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to grant encroachment licenses, OJ "''' " ('I) 'o-_CSI c.oo~& ~ :-: So! WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain r.o & ~ conditions, ." "'" D...-IS) " TIIEREFORE, in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as follows: 01, A 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. 02. This license is granted for a specific use and within a specified term as checked above, subject to being terminated at any time and for any' reason at the sole discretion of the City Engineer of the City of Aspen. 03. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. 04. 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. The Licensee shall obtain right-of-way and Building Permit as required by the City for any work to be performed in the public right-of-way a I " M OJ "'''" ('I) '0 S~ l.O "" 08 N N~O . S ;PM U) ~;S; q- Q..-IS) " with design approvals for such work obtained from the City Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 05. Unless the property that is the subject of this license agreement is covered by a homeowners insurance policy, Licensee shaIl at all times during the term hereof, carry public liability insurance for the benefit ofthe City with limits of not less than those specified by Section 24-10-1 14, c.R.S., (currently $ I 50,000 per person and $600,000 per occurrence) as may be amended from time to time, naming the City as "Additional Insured". 06. Licensee shaIl maintain said public liability insurance coverage in fuIl force and effect during the term of this License and shaIl furnish the City with a most current certificate of such coverage evidencing its validity. AIl insurance policies maintained pursuant to this agreement shaIl contain the following endorsement: "It is hereby understood and agreed that this insurance policy may not be canceled by the surety until thirly (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. 07. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, death, property loss or damages, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this license, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or part by the act, omission, error, professional error, mistake, negligence, or other fault of licensee. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claim or demands at the sole expense of the licensee or, at the option of the City of Aspen, licensee agrees to pay City of Aspen or reimburse City of Aspen for the defense costs incurred by the City of Aspen in connection with, any such liability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or fr:mdulent. This license may be terminated by Licensee at any time and for any reason foIlowing delivery of a written notice of Licensee's intent to cancel. ASPEN may terminate this license at any time and for any reason. Upon termination, Licensee shaIl at Licensee's expense, remove any improvements or encroachments from said property. The property shaIl be restored to a condition satisfactory to ASPEN. 09. 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, an9 the ordinances of the City of Aspen now in effect or those which may hereafter is adopted. 10. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said public property as it deems necessary. :'l 11. The conditions hereof imposed on the granted license of encroachment shall constitute covenants 0> g; running with the land, and binding upon Licensee, their heirs, successors and assigns. " 0> ~ 12. In any legal action to enforce the provisions of this Agreement, the prevailing party shaIl be entitled to its reasonable attorney's fees. Oct-01-01 01 :~poo Fr..-O.".n W.rk,h.p, Inc +1 T-216 P 1M F-539 13. If the structUre for which this license was issued is removed for any reason, Licensee shall not continue to rebuild in the public right-of-way. The public right-of-way is for the general public benefit, and it is not for occupation or construction of encroachments. 14. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements consttUcted within the encroachment area, 15. The Licensee clearly understands the following actions of Licensce or hislher agentS and employees shall automatically tenninate and cancel this agreement: tI) DIlcO/IU""mlfJlI Df ;IISIIr4I1C' ctlver.. b)Chllull<< of DWl/er.ihlp Dr IIIt....IIDII Df"'"' frDI/l 1M Dr;gUtIl,.-.ifle """ hi <<IIcrtMChd ar... cjRmriclioll of IISP EN ., lIS "'<<11" Oil" <<""I"'''''''S froM IIceUS ID /J! public '"11" _ lit" .lICrotIChed .,eII 1101 "ee"picd b, "p,,,.,;,,usl, c"IIstrutfd building. Under these circumstances, the License;; shall restor;; the right-of-way under the encroachment to its original or beller conditions immediately. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. ~{3: -7fP .THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBliC' f STATE OF COLORADO ) . . RENEE T. FRIAS <: ) ss - Camm. # 1262027 C fP'lk' ) , Ul I/> NOTARYPUBLlC.CALlFORNIA Ul ounty 0 \ In " ' S~nta Clara Count, - 1 _ Mv C~l'!'m Exp~es April2i 20047 The foregoing instnlment was acknowledged before me this _yj day of ~ f ~,by (J!.//'a",j (; 1",,.,,tU/ 7P (Licensee. ZGy) ~ r--: ... "'. ."EE T. FRIAS Camm. # 1262027 NOTARYPUBlIC.CAlIFORNIA _ SantaClauCounW YCom~.Expires Apfil27 2004'" My commis.sion expires: ~ -r, I 27. cw 'I ~ n.e / .<-<7 WITNESS MY HAND AND OFFICIAL SEAL. """"" !::~\;;~~c;=~~~!;~d;!=~",.....~=:;)~~;;l (DO SOT WIlIT>: anow TRIll LINE. FOR CITV lJSE ONLY) APPROVAL CONDITIONS (Lislff/JllY): y "'AI~A I,,) 5' c.u;.P,c.. peoesT'~A~ i5~;\rCf" in I" I",.t ">1" -h-iln"'/l\ ~'C.. "'Ai; rf,'rt.,.... 4hruhs . ~ 2)Abd.e\/'te>J1~r\ ~W\. +1.-\.... =-~...'1S is a.llrJlAl 3) s~ ~1TK#'Y/D co.Jorltll,.JS- ~~...: A TIEST: '!/IIUIO I \11\1\ 11111 11111\1' \\'111 III \11\11 \ 11111 \\1\ III ~:~~ ~~;~ ;9: 30A SILVIFI DAVIS PITKIN COUNTY co R 25.00 00.00 .. -' t.,N (:) ~ . E^i~V\tf , ~wl~tV4 \ '7V\~7 \ - - \ ". \~0 - ~'Y-M~\.:. . ~..\.. \ ..-- . ~(<-r-< ~1r4~ __r~) ~) -- ",~ ro ~c71tio Vt-Y:7 ,;' vMtt "'~ , #etr ~ 7ront~ \ , , . \ , ,l I -'1 1- - , - - \ . '- L.. . III 1111' h,1f ".. '" '0' II' ", . t../ "'.'" 't<- " ~ PVlJfU?l.0 ~ilwx '7hi-t~ ?;o u }{ 070" x. " it- .. '4 C, "(. " ~t- l4ov~\1 I , , , \ \ Coleman Residence Mailbox Structure - Plan Location 1110 Waters Avenue, Aspen, CO 81611 I .~ Exhibit "A" Prepared by: Date: Scale: Design Workshop October 17, 2001 ~": 1 '-0" . f Conditions ot Approval Permanent Revocable Encroachment License Coleman 1110 Waters Avenue 1. The licensee is responsible to obtain a right-ot-way permit prior to any work in the public right-ot-way. The application tee is waived due to payment ot encroachment application tee. 2. The mailbox structure construction is at the property owner's risk. The City and the public utility companies have no obligation to restore the owner's improvements in the event that work is necessary on utility lines or in the public right-ot-way. 3. Snow removal around the mail and package receptacle and trom the pedestrian walkway is the property owner's responsibility. 111111111111 1111111111 ~:~~~~;~;9: 30A SILvtl=l DI=lVIS PITKIN COUNTY CO R 25.00 D 0.00 01m106