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Home My WebLink Aboutencroachment.foundation wall. Cantrup. Block 107. 1982 " LU N tat C3 C> CDo_ O N CD 42 c � Cl) ENCROACHMENT LICENSE AGREEMENT PACE�� t-C W C7 � gu N O H r f�C .� THIS AGREEMENT made and entered into this day of AWvL , 1982, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Hans B. Cantrup and June M. Cantrup, and or Assigns, hereinafter referred to as "Licensees" . WHEREAS, Licensees are the owners of the following I described property located in the City of Aspen, Pitkin County, Colorado: See Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, said property abuts the following described public right-of-way: "South Spring Street and East Ute Avenue" WHEREAS, Licensees desire to encroach upon said right-of-way, said encroachment being more particularly described as follows and adjacent to the property described above: See Exhibit "B" attached hereto and incorporated herein by this reference. WHEREAS, Licensees desire to encroach upon said right-of-way for the following purpose: "Foundation wall below grade and retaining wall above grade" WHEREAS, Aspen agrees to the grant of a private non-seclusive license of encroachment subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and licensees covenant and agree as follows: 1. A private non-exclusive license is hereby granted to Licensees to occupy, maintain and utilize the above-described portion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason NOK 425 PAGE�20 at the sole discretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area forany public purpose. 4. Licensees are responsible for the maintenance and repair of said encroachment, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same 4 in a safe and clean condition. 5. Licensees shall at all times during the term hereof, carry sufficient public liability insurance against personal injury and property damage naming Aspen as a co-insured and protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6 . Licensees shall and hereby do agree to hold Aspen whole and harmless against any and all claims for damages, costs and expenses, including attorneys ' fees, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensees, or from any act or omission of any representative, agent, customer and/or employee of Licensees. 7. This license may be terminted by Licensees at any time and for any reason on thirty ( 30) days ' written notice of its intent to terminate. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensees shall, at their expense, remove any improvements or encroachments from said property and restore it to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. -2- sooK 425 PAGE 921 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its successors and ` assigns. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN, COLORADO By Herman Edel Mayor i'X TEST Kathryr o' •. Cik ,k ' Licensees: ,f _ 4 Hans B. Cantrup Ofune M. Cantrup STATE OF COLORADO ) ss. f COUNTY OF PITKIN ) The foregoing Encro ch nt License�greeiient was acknowledged before. 'me this ay of , 1982 by Hans B. Cantrup. l.'.' . " Witness MY hand and official seal . My commission expires: �7- ry P blic ✓ e Adles may✓ -3- STATE OF COLORADO ) ekim 425 PAGE 922 ss. COUNTY OF PITKIN ) The foregoing Encroach nt License gree ent was acknowledged before me this ay of 1982 by June M. Cantrup. Witness my hand and official se 1 . My commission expires: N? Pu lic Ad rss: lec \` � -� is —4— ' ] h' IDI'i' "A" 1 License Agreement Piox425 Legal Description: A tract of land situated in the townsite of Aspen and Ute addition, City of Aspen, Colorado all lying within the NW 4, Section 18, -Township 10 South, Range 84 West of the 6th P.M., nore particularly described as follows: Beginning at a point being the northeast corner of Lot A, Block 107, City and Townsite of Aspen. Thence S 14° 50'49"W 100.00 feet along the easterly line of said lot A to the south- east corner of Lot A; thence N75� 09111"W 30.00 feet along the southerly line of said lot A to the southwest corner of Lot A; thence S14' 50'49";l 20.00 feet along the easterly line of vacated South Spring Street to the north.est corner of Lot K, Block 107, City and Townsite of Aspen, thence S75'09'11"E 190.00 feet along the northerly line of Lots K through P and westerly 10.00 feet of Lot 4, Block 107, City and Townsite of Aspen; thence S14050'49"W 100.00 feet to the southly line 1 of said Block 107, City and Townsite of Aspen; thence N75°09'11"W 190.00 feet j along the southern line of Block 107, City and Townsite of Aspen, to the south- j t west corner of said Block 107; thence Sle 50'49"W 6.43 feet along the easterly line of vacated South Spring Strreet to the northerly line of Lot 38, Ute addition to the City of Aspen; thence N74024'00"W 4.44 feet along the northerly line of Lot 38, Ute Addition to the northwest corner of said Lot 38, Ute Addition to the City of Aspen; thence S59° 51'0011W 44.00 feet; thence N38042'00"W 63.08 feet to the southwest corner of the easterly 10.00 feet of Lot S, Block 102, City and Townsite of Aspen; thence N14` 50'49"E 220.00 feet to the northerly line of Block 102, City and Townsite of Aspen; thence S75° 09'll"E 116.29 feet along the northerly line of Blocks 102 and 107, City and Townsite of Aspen, to the point of beginning. Containing 42,645.00 square feet more or less. City of Aspen County of Pitkin State of Colorado e . IIFITT i License AcFr"ct- nciit 425 ' 'AGE 924 Legal Description: (Encroachment) A tract of land situated in the Twnsite of Aspen .and Ute addition, City of Aspen, Colorado all lying within the Ma ;, Section 18, Tcxv;zship 10 South, Range 84 West of the 6th P.M„ mare particularly described as follows: Beginnging .ata Point being the northeast corner of Lot A, Bloc:c 107, City and Townsite of Aspen Thedce S14 50'49"W 100.00 feet along the easterly line of said Lot A to the southeast corner of Lot A Thence N75 09'11"W 30.00 feet along the southerly line of said Lot A to the southTA--st corner of Lot A Thence. S14. 50'49"W 20.00 feet along the easterly line of vacated South Spring Street to the northwest corner of Lot K, Block 107, City and Townsite of Aspen, Thence S75 09'11"E 190.00 feet along the northerly line of Lots K -through P and westerly 10.00 feet fo Lot Q, Block 107, City and Townsite of Asan Thence S14 50149"W 100.00 feet to the southerly line of said Block 107, .City and Townsite, of Aspen Thence N75 09'11"W 190.00 feet along the southern line of Block 107, City and Townsite of Aspen, to the southwest corner of said Block 107 .Thence S14 .50149"W 6.43 feet along the easterly line of vacated South Spring Street to the northerly line of Lot 38, Ute addition to the City of Aspen Thence N74 24'00"W 4.44 feet along the northerly line of Lot 38, Ute Addition 'to the northwest corner of said Lot 38, Ute Addition to the City of Aspen Thence. S59 51100"W 44.00 feet i Thence N38 42100"W 63.08 feet to the southwest corner of the easterly 10.00 feet of Lot S, Block 102, City and Townsite of Aspen, the true point of beginning Thence S14 50149"W 2.44 feet Thence S44 18100"E 20.10 feet Thence N38 42'00"W 21.49 feet to the southwest corner of the easterly 10.00 - feet 0.00feet of Lot S, Block 102, City and Townsite of Aspen, and the true point of beginning-. City of Aspen County of Pitkin State of Colorado