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HomeMy WebLinkAboutencroachment.Ruth Whyte house.fence.2003_ - .. [] [] i REVOCABLE ENCROACHMENT LICENSF i [] [].. _ County Recording Data: Recel 1010812003 09: 00¢ CCC~_.~.~_~_.. SI~VIA DAVIS PITKIN COUNTY CO ~ 21.00 D 0.00 INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST THIS LICENSE IS FOR: ('CHECKONEONL~ ~ TEMOPO~RY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO ~ TEMPO~RY, PERPETUATED UNTIL REVOKED BY THE CI~. ~ TEMPO~RY FOR PRE-EXISTED COND~ION AND PERPETUATED UNTIL REVOKED BY THE Th~s Agreement made under th.~s license and entered into this ~ ~ay of ~p-~. ,200~ by and between the CI~ OF 'ASPEN, P~tkin County, Colorado, herdnafler referred to as "ASPEN" and [Pdnt Full N~e) ~O~ ' ' _ : hereinafter referred to as "Licensee", WHEREAS, Licensee is t e owner of the following described propeNies located in the City of A~pen, Pitkin County, Colorado: WHEREAS, said prope~ies abu~ the following described pubfic dght(s)-oflway: WHEREAS,. Licensee desires to encroach upon said right-of-way for the following purposes and as'shown and described Exhibit "A', attached to this License: .;:- ' WHEREAS, Section 21.04.050 of City of Aspen Municipal encroachment licenses, Code delegates the authority to the City Engineer to grant : ' ':": .t/~':': ~ '~ i:~':~i::.?' :?~: :..::' ' ~;':';:' · . WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain conditions, THEREFORE, In consideration of the mutuai agreement hereinafter contained. ASPEN and bcensee c~)venant and ogre9 as follows: . ' '..:. ,-::' it:. 01. A ~evocab,e ,i:ense s hereby granted to Licensee to occupy, maintain and utilize the above described potion of ~ubl~c'" right-oFway for the 3urposes 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 De 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;: to~'etiier with imarovements 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 Buildinq Permit as required by the City for any 'work to be performed in the public right-of-way with design approvals for such ~vork obtained from the Engineering Department Licensee agrees to pin any imorovemem district formed fq~ the purpose of constructing improvements City of Aspen - Engineering Department,_130 South Galena Street, Aspen Colorado 81511 ¢- ~970-920- 15 The Licensee cleany understands the following actions of Licensee or'his/her agents and employees shall automatically terminate and cancei this agreement: a) Discontinuation of insurance coverage -' 5 b)Change of ownership or alteration of use from the original specific use in encroached area 'c)Restriction of ASPEN or its agents and contractors from access to its pub#c land under the encroached area not occupied.by a previously constructed building. Under these circumstances, the Licensee shall restore: the right-cf-way under the encroachment to its original or better conditions immediately and in acco!dance with the latest Engineering Department standards for improvements of Public right of way. .. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. ' STATE OF.COLORADO ) ...... .:~,- .~, ...... . ..- ) SS. County of Pitkin ) The foregoing instru~e~Jr~aS acknowledged before me;this, WITNESS MY HANDAND OFFICIAL SEAL. ~ · ' '//~/ ' . .Date . ~-- . No~Public Address , (DO NOT WREE BELOW THIS LI~E, FOR C~ USE APPROVAL CONDITIONS (Lilt if any)' CITY OF ASPEN, coLoRADo ATTEST. ~.DEH. P.E., City Engineer KATHRYN S. KOCH, Ci~ Clerk I I1[11 !!111 IIIIII III IIIIII Il[Ill IIIII III IIIII IIII IIII 10/08/2003 09:00¢ BILVIA DAVIS PITKIN COUNTY CO R 21,00 D 0.00 ,- DATE: ENG-204-A City of Asoen - Engineering Deaartment, ' 30 South Galena Street Asoen Colorado 81611 i .i / / / / J J J , 8