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Home My WebLink Aboutencroachment.Spears- 100 E. Bleeker.2006 ". r - ..~... ..,- '"' =~/I'~' ~:03flh _ _.... REVOCABLE ENCROACHMENT LICENSE.... __ I License Number: ~2COCO - E - 40 County Recording Data: Reception Number. Book Number: Page Number. cccccccccccccccccccC<~:::>:::>:::>:::>:::>:::>:::>:::>:::>:::>:::>:::>:::>:::>::>::>:::>:::>=>::>::>::J INSTRUCTIONS: COMPLETE THE FOLLOWING SECnONS AS IT APPUES TP YOUR REQUEST THIS LICENSE IS FOR: (CHECK ONE ONt y) o TEMOPORARY SHORT TERM OCCUPATION OF PUBUC ROW FROM TO o TEMPORARY,PERPETUATED UNTIL REVOKED BY THE CITY. K)( TEMPORARY FOR PRE.EXlSTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY. This Agreement made under this license and entered into this _day of May , 200-.2., by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as 'ASPEN' and Nancy Spears , at PO Box 2630, Aspen, CO 81612 , (PrlllFulNone) """'loglj MaIIng Address) daytime phone number: 948-3875 , hereinafter referred to as 'Ucensee', WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Street Address: 100 East Bleeker St.. Aspen. r.o R1611 Legal Address: Lot K, Block 65, City & Townsite of Asuen. Pitkin r.Ollnty. r.o WHEREAS, said properties abut the following described public right(s)-of-way: Garmisch St., East Bleeker St. and Alley Block 65 , 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: Concrete walk and steps, fence, brick walk and garage encroachments into Garmisch St. K. u. w. ana llarage iU"LO i\l l~y vi 1)1ul".;k 63 l~uL LIt u[ LuL K. , WHEREAS, Section 21.04.050 of City of Aspen Municipal Code 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 condttions, THEREFORE, 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. Ucensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which ASPEN, in the exercise of tts discretion, shall determine to be necessary to keep the same in a safe and clean condttion. The Licensee shall obtain right-of-way and Building Permtt as required by the City for any work to be performed in the public right-of-way with design approvals for such work obtained from the Engineering REVISED, IW1IY201U I 1081611 ~970-920-5080 .. " Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements 1"-" within public right-of-way. '- 05. Unless the property that is the subject of this license agreement is covered by a homeowner's insurance policy, Licensee shall at all times during the term hereof, carry public liability insurance for the benem of the City with Iimtts 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 "Additional Insured". 06. Ucensee shall maintain said public liabiltty insurance coverage in full force and effect during the term of this Ucense and shall fumish the City with a most current certificate of such coverage evidencing its validity. 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 Ucensee shall show proof of this insurance to the City before this agreement is filed. c 07. Licensee agrees to indemnify and hold harmless the Ctty of Aspen, tts officers, employees, insurers, and self-insurance, from and against all liability, claims, and demands, on account of injury, loss, or damage, including wtthout 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 attomey fees, whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent. 08. This license may be terminated by Ucensee at any time and for any reason following 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 shall at Licensee's expense, remove any improvements or encroachments from said property. The property shall 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 ij now exists or may hereafter be amended, and 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 tt deems necessary. 11. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the life of improvements encroaching in public right of way, and binding upon Licensee. The encroachment shall terminate when the improvement has failed or out of compliance with required standards of performance or if it is revoked by the City, whichever comes sooner. 12. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entttled to its reasonable attomey's fees. ,~ '- 13. If the structure for which this license was issued is removed for any reason, Ucensee 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. 1111111111111111111111 :;~;~~:;I ~0'55:raOO81611 JRNICE K vas CRUDILL PITKIN COUNTY CO R 21.00 0 0.00 ~970-920-5080 REVISED: tWfG'2OlU I ~ -- t- ('i) to <;t ('II l!) Ii'> '" " "'-" ....o" 0" . "" M~C .. - OM 01' .'" 0."" " 20 0 /0 20 ~II 5CA/...E : I N::I-I = 20 FEET EXHIBIT "A" Topographic Site SUfVe}!. Lot K, Block 6~ City of Aspen 100 E. Bleeker II Alley o u ,. 0- Z => o u z '" 0- a. --' --' o => " u '" o > '" w u z g IS> Sewer Wonhole 8 Phone Pedestal '" 1><1 Water Val...., @) Elee. Manhole . Water Manhole <Il We.......... / ~"'./... , , l , ~" / -- , ')0::-.-.--1'---. 'lli'~i'....";(-----------~ " ,<, ,'c", I 1"1'- I I J _"~:~,,l:. J ---r~' j/l. ~. / ~ ,.,-~ ~ o .... I til 1 ! I I t J I " _.. I .$~ ,~,...,.",.,......,.\,:' IF 1 '7;fr:, _>;/':)~ ......_~_ , Bleeker St. (74.7fr' R-()"W) .I!lll&o 1) LOT 8OtK)ARY DIEHSlONS SHOlMrt IDEON W. BASED (101M 19511 omaAl SUR\€'( PlAT aTY fS ASPEN (REaPlKlN NO. 109023). 2)RtVER mY 5lR\95 aL NOT IE: RE9I'ONSII.E fOR MY CHAHCD NAOE TO 1HIS DOCUWENT AFTER IT lEA\O OUR POSSESSOI. AHY CXPY. FACSM.E. ETC., CF 1HIS DOO..IWENT MUST BE cot.IPNlED TO 1liE CRGINAL SIGNED. SEAlED AND DATED DClCt.IUEHT TO INSURE tHE AOOJRACY Of' M INRHtIAlKlN SHCMt ON ANY SUOt cxpy. AND TO INSlR: lHAT NO suat OiANGES HA~ EEEN MADE. ~'lN01ICE: ACCXII>>fG 1'0 COI..CRADO LAW. YOO MUST COUMENCE ANY I.EGAl. AC'l'ICW BASED lPON MY DEF!CT IN MS SUIMY WJ1ltN TIRE (3) --~ AFTER YOU DISCOVER Sl.IQi DEFECT. IN NO EVENT MAY Nf( ACtION BASED UPON AHY DEFECT IN lJIS SUR'wEY BE aMENCED t.lCR: lHAN ~ (10) YEARS FROIl lHE DATE (F (D'MCAlKlN SHO'IlN HEREON 4) THIS MAP WAS F'MPARfJ) YfTHOOT BENEFIT fS A ClJRNT TmE CCIAI1UENT IHJ DOES NOT REPftESENT A lI1lf SEARCH BY nus ~ oR R1\9 Q1Y SlJR\CS, LLC. CF H PROPERTY SIf(MI TO I:lE'1tRWH OlMrERSHF, COMPA1IIIJTY WITH ADJClMrfG PARmS. OR EASDIENTS OR ENaJU8RANCES Of RECORD AFfEC1IfG lHlS PARCEL. 5)ANY SlIBSI..R"ACE U1IJ1ES NOT SHm1tt tDECIf, WERE NOT MARKED BY APPMf'RIATE UllUTY (DIIANIES AT M TIIIlE fS MS $lRVEY. aJENT/CON1RACT<lR MUST CONTACT SPEaFlC U1IJTY COt.FANIES TO \'ERIFY BOTH 1HE LOCATION AND DEP1H fS RESPECTNE UTI.I1lES. ADDITIONAL SUR'tE'l'ING .. YAY BE AEQlRD TO 9tOW IMY SUCH SlBSlJRf'ACE U1hJTY LOCAllONS ON 1tIIS DRA'IWG. RMR Q1Y ~ aL NOT BE RESPONSIBLE FOR PR01ECTION fF SUBSl.ItfACE U1lJ1lES HOT YARKED ON TI€ <ROJN) AT THE 1IIE CF ntS ~. e} DUE 10 SNOW CCMR ON POIfII(WS Of 'MS PROPERTY AT M 111:: (F llIS MlRK. IT IS POSSIlE THAT 5O.IE GROlJN) lE\t1. FEAlURES YAY NOT BE SH~ OR THE lOCA1IIJrtS SIilM4 HEREON MAY BE APPROxalAl! (IL. EDGE Of 0Rl'fES, WAUC5. WA1!R VAln ETC.). 7} aEVAllONS SIilM4 HEREON ARE RElATI\€ 10 AN ELEVATION CF 7868.4.] AT TI€ QTY OF A9'EN GPS PT. e AT GARIIISCH AN) HOPlOH5. - Surnlvor' 8 Certificate DovId A. COOper Colo. Reg. P.l.S. # 2'1030 For. and on Behalf of RIv... CIIy SUrveys, L.LC. - LEGEND - . Oeonout @1ln>1n . E1ClCMeter . c;o. M.t<< :;;l:F1no H,.....t \tElec. Box @Wall ,~w ~iL 11IM "~.I~~ . 3? .. 1111111111111111111111 ~~;~~:;I ~0:55~ JANICE K vas CRUDILL PITKIN COUNTY CO R 21.00 0 0.00 """c' 14. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. 15. The Licensee clearty understands the following actions of Licensee or hislher agents and employees shall automatically terminate and cancel this agreement: a) Discontinuation of Insurance coverage b)Change of ownership or alteration of use from the original specific use in encroached erea c)RestrIction of ASPEN or its agents and contractors from access to its public land under the encroached area not occupied by a previously constructed building. Under these circumstances, the Licensee shall restore the right-of-way under the encroachment to tts original or better condnions immediately and in accordance 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. ~- ~ ee ancy Spears THE FOLLOWING SECnON MUST BE COMPLETED BY A NOTARY PUBUC: STATE OF COLORADO) ) ss. County of Pfikin oing instrument was acknowledged before me this May , :m:xx, by 2auo Nancy Spears (Licensee). AND OFFICIAL SEAL. xpires: !J ~. 07 Date /L/l?~, NotaryPut;ic APPROVAL CONDITIONS (Uslffany): Address CCCCCCCCCCCCCCCCCCCCCC==::C)::;)::D:::J:::J:::J:::J::X:::l:::J:::J::CC):::J:::J::l::>::>::X:::l (DO NOT WRITE BELOW THIS UNE, FOR CITY USE ONLY) CITY OF ASPEN, COLORA/ / By: ~ .- "- DATE, ~~~~~ / ENG-PoIicy-~A City of Aspen - Engineering Department, 130 South Galena Street Aspen Colorado 81611 ~970-920-5080 REVISED: wtOl2OO4