HomeMy WebLinkAboutencroachment.234 W. Hopkins.2007
. Payment of recording fees as posted by the Pitkin County Recorder's Office. (Recording fee checks must
be issued to Pitkin County Clerk & Recorder)
. No faxed or mailed permits will be accepted.
. No incomplete permits wili be accepted
I 111111111111111111I1111 11111111111111111111111 1111 ~~~~~~I ~0 281
JANICE K VOS CRUDILL PITKIN COUNTY CO R 26.00 0 0.00
,..
REVOCABLE ENCROACHMENT LICENSE
Received <9/(7-1/0-::;"
Land Lease Fees: Square Feet
License Number: ,:;;2n()r .(-j)~
x $2. 50/sq. ft. Monthly lease n LA
I
INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST
THIS LICENSE IS FOR: (CHECKONEONL~
o TEMPORARY; PERPETUATUAL UNTIL REVOKED BY THE CITY.
Ji'! TEMPORARY; PRE-EXISTING CONDITION AND PERPETUA TUAL UNTIL REVOKED BY THE CITY.
This Agreement made under this license and entered into thisQ2.Lday of F.e~~ 07 , by and between the
CITY OF ASPEN, Pitkin County, COiorado, hereinafter referred to as "ASPEN" and
Robert W. Gunn1996 Familv Trust , at c/o Gunn Financial. Inc.. 21 Custom House Street. Suite 440. Boston.
MA 02210
(Print Full Name) (Print Legal Mailing Address)
daytime phone number: 617-338-6900 , 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: 234 West Hopkins Avenue. No.1. Aspen. CO 81611
Legal Address: Condominium Unit 1. WEST SIDE CONDOMINIUMS. accordina to the Plat thereof recorded
ovember 7 1980 in Plat Book 10 at Paqe 57 as Reception No. 228543. and Amended Condominium Map of West
de Condominiums recorded September 26. 2003 in Piat Book 67 at Paae 46 as Reception No. 488948. and as
efined and described in the Condominium Declaration for West Side Condominiums recorded November 7. 1980 in
Book 398 at Pa e 603 as Rece tion No. 228544 and First Amendment to Condominium Declaration of West Side
Condominiums recorded September 26, 2003 as Reception No. 488987.
WHEREAS, said properties abut the following described public right(s) -of-way:
West Hopkins Avenue and South Second Street
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. Describe Exhibit "An:
chimnev and fence encroachment as more specifica!iJ'.illmicted on Exhibit A
~s~~~~~~~~~~~~~~~~~~~~ d~~~~222222222222222222
WHEREAS, Section 21.04.050 of City of Aspen Municipal Code deie9ates th
licenses,
WHEREAS, ASPEN a9rees to the grant of a private license of encroachment as built subject to certain con ition ,
THEREFORE. the consideration of the mutual agreement hereinafter contaiW~EN ~ rla t
follows:
A revocable license is hereby granted to Licensee to occupy, maintain and BVe t e abov
Right-of-way for the purposes described.
This license is granted for a specific use and within a specified tenm as checked above, subject to eing tenminated at any time and
for any reason at the sole discretion of the City Engineer of the City of Aspen.
~'Gnt
This license shall be subordinate to the right of ASPEN to use said area for any public purposes.
Licensee is responsible for the maintenance and repair of the public ri9ht-of-way, together with improvements constructed therein,
which ASPEN, in the exercise of its discretion, shall detenmine to be necessary to keep the same in a safe and clean condition.
,.....'e Licensee shall obtain right-of-way and Building Permits as required by the City for any work to be perfonmed in the public
ht-of-way with design approvals for such work obtained from the Engineering Department. Licensee agrees to join any
improvement district fonmed for the purpose of constructing improvements within public right-of-way.
4
,-- ..~..,-->.,";,~",.,,,,.,.,,_.._..,,,"'~__","_,,.,",<,,~=_.,.~.',,,_"-"'J......,.,"".~v,.,.."',......._..,
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 tenm 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 "Additionallnsuredu.
Licensee shall maintain said public liability insurance coverage in full force and effect during the tenm of this License and shall
i""mish the City with a most current certificate of such coverage evidencing its validity. All insurance policies maintained pursuant to
....is 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 fried.
Licensee agrees to indemnify and hold hanmless 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 fraudulent.
This license may be tenminated by Licensee at any time and for any reason following delivery of a written notice of Licensee's
intent to cancel. ASPEN may tenminate 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.
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 is adopted.
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.
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.
any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's
ees.
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.
The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the
encroachment area.
The Licensee clearly understands the foilowing actions of Licensee or his/her agents and employees shall automatically
tenminate and cancel this agreement:
1) Discontinuation of insurance coverage
2) Change of ownership or alteration of use from the original specific use in encroached area
3) Restriction of ASPEN or its agents and contractors from access to its pubJic 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 its original or
better conditions 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.
By:
AMJIX'fRUST
/
.'-'
.,...,
" " II III '" I III '" '" ~~~~1:~I ~0: 28l
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 26.00 00.00
5
THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF ) ')v1 ft'~-_5 A c H us co ITS
- )ss.
~ounty of ) <$0 r Fe / K
The foregoing instrument was acknowledged before me this
ol-:C'v Day of j d1~v.V ,20 07
1996 FamilvTrust U
(Print licensee Name)
WITNESS MY HAND AND OFFICIAL fEAL.,
Notary commission expires: ;<// Qj;; 0 cJ;:J..
((Dale)
.,....
.,' '1 T,
, by Robert W. Gunn as Trustee of the R~be~ ~~..
(Licensee), ::~. ,,0 I~ .
-"'...."~
. -.........
1.J:.- ~t .
: ..J'"'' r.'
;. '..,,".. - ~
P /) )t - j II)' L....~...,..., tIl t>
~)(UKtL.:1- ~, L ,- L, c~.,.~
I, (NotaryPublicj.",,,.',,..'
APPROVAL CONDITIONS (List if any):
PU" G;t"~r~j.:)("" c"'L.m-r:::-r:rz' ,
(Address)
~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~22222222222222222
(PO NOT WRITE BELOW THIS LINE, FOR CITY USE ONLY)
DATE:
+-
APPRO\!EU
DATE
BY
,...
1/1111111//111111111I1111/111 /111/11111111 11111 111/1111 ~~~~~~I ~0' 28,
Ji=lNICE K vas CAUDILL PITKIN COUNTY CO R 26.00 00.00'
l,.-,
6
"
,.
o
z
o
z
<
o
z
"
o
"
"
!:::
m
J:
><
W
........
j,
<:1 z ..
fi ~
,
~~ f
',"
~, ~
^
fn
:i ~
n,
'00:'<'
.
'0'
'""~"'''-~'''....,..^.".~,--.."-".-.....,,...._--,.,...~-
A8
(]3^()~dd\f
~COJ. .
o ~ ::"::~ it, ~1;:?/;/i
fr- ',00
. .
(]No'~-;1~ .:--
liJ.1l0s i:
:l
"
-0:
,
"
~
c.'
0;
..r
.:
.,
~
::J.'
Qt
,
f;
~~. .
J.'J'lIi.lS
.
<
>
>
,.
u
>
/
't'
/
/
./
I
/.
I
:r-~ -/;-----""-->
If ^ -
.I
'I'
".j
"':,
f..,:
...J
.<:".. C<
:::J,e
''C,.,
I~
'-
,
~
....,'.
.f
.
~
c
0:.
>
'0
>
"
o
,.
Z
"
>
'"
>
"
"
.
::E ".'~:
"
::2
~.
<>.;
0,
."r:A'
~
"
;.
,f
,
~n
tn
,l_
li ~
~~
.,
.,
~
~~
'"
0,
~
?;
"
.;
<
r-
l!)
<::t
l!)
(")
l!)
,
~~;:I
~_i~l
!!~m
wi,;
~~"'"
if~~~
"""""
.,,/
0;
N
'"
Ol_
'"
.......'"
0.. .
....
~~C1
"Ol
.-
0"
~..,
0.....
..
III
N
It:
")
w
o
>
"
'"
~
"
"
~
~"""
"""-,,~",,
r
......
""'I
<-
o
C,..l
~
'"
..:;
'"
c
"
L.
'"
;-
~ '..~
~ /
a.
...
o
'"
i
!"~---,
'-.--.-i
8 :~.. I
I .i.: I
';: . 1''''
c ! ij~ l'
I J {.,ltJ t &..... "
":":::V'~CI"'/I, C ...
. -.. -......: o. ".,(;.~ ...
~s "'/. -..;, 1
UN!,!,
.pos rr,.
(;,,, I'\r,,:..,.s
-.iTt- S
.2
"
~ F
t. 0t
:;/ /' ! ff ; /
3/ /1.':;_/, _. ~ I
i 41 C' .... I
\ .,' , ~ .(
\ \. ~. '" 1
J c.r,: I!
/ " ~ CL I i
i :< ' n d
,~). ~~:~!
~ . 'I
[] ! .~ J I
/ . ,
/ j 4f;:.. ~"S~
,. .,~ ''i
/"', idb )~,: 0
\'~ o'~"'.
" ,
.' ~ . ,
/ s.,
~ [i:.
l,<~ -
:r:
f-"
::J
o
""
..
7;
c
.;'1 I !
.:
' I~,
... -/
'-- o,L, I
'/'~1
t
)
j'
'~~~" ,I J
'---..----- ,',. ;",
i ..-_______ ---...c...._~ .' .'
; '.------ -W -.-j-,-----J
P."T~O"'~E/,..........---' 1
t. C E- vS" .
f""o,
01 ,'~I
,
!
~
,
UN I ~
'. .J.
"O.s .-.
t:LJ "cv~~ss
1
Ck...."..y
+
t^ ((00..(,,'" ftl\el\
}JO/"
\
\.
k
r"
i '",~_
,
.........--.-
- "'E~r :. ":E.NS~:
E"':"i:/:~,',_:, w. _~ ,
R~::!;:P. r'..,f'c... .~~~
,~.()
"...
--.,
........
l..N:':~C".':H""If;1\l.
"ECEF T' ',)N ,",0
;CS;'lf:c
'~
'-
:.>
,
I l
./
f <.c.. . I.. . ,~
L^ -L~ '.C'T" "I')~V"'lt:.6.i ~";
......,,,... ,', el oc~ "'
"'(I'c.....,,~ L. rO~"ER T~ CO'I1~.' ;\"
.. II .,^~ ,ON ,1... .:.'f ~'
. J4 .<( \
~." l~~C . '.<:' '. ~, . F " I
: 0 -.____i · '11-. IiI/>:,; 7 ,,' I
''---.--' '-"--. ~ Dt / " ,
/ ---....... , ~ I
i ------_..__.__ I.-
I '__....... .
/--7' ___<_, .
/ "-"'-'- '----', "
.... "<. - -----------.-- '-'../ -....-'----..i 5.
'-~ '- -" '-"", -
"--'-~'--,-,-,,::= -:-""--"'~~':_-,-
--'- --.--.
'--~
.-------.....~ .
.-..........-.......-.....-
---.~..
, ,
--...... .' ,
...., ; e";
......~--........ I ~ Cl
<~e '
i .
, , ~ ........~"
. .
t "4 "
'. >r
i
I
,
!
;
!
(")
o
"
rt
fo'.
"
<=
ro
0.
m
><
:t
lD
::j
"'. F
" Dl
j
"
J
",
(~-'
.~
: "
".
\
\
\l'.~ E s 7'
;~? PJ( J Iv S
~ ;"., ill' .
(t.;f?v
It
"P'
""