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Home My WebLink Aboutencroachment.fence.carriage house.202 w francis. 1995 380740 D-779 1=1--273 04/2,4/95) 02:54P FIG 1 01= 5 R E7 C DOC SIL.VIA DAVIS PITKIN COUNTY CLERK & RE=CORDER 25. 00 ENCROACHMENT AGREEMENT This Agreement made and entered into this day of , 1995, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Thomas E. Congdon, 202 West Francis Street, Aspen, Colorado 81611, hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Lots R & S, Block 48, O.A.T., 202 West Francis Street, City of Aspen, Pitkin County, Colorado; WHEREAS, said properties abut the following described public right(s)-of-way: West Francis Street, North First Street, and the alley of.Block 48, O.A.T. WHEREAS, Licensee desires to encroach upon said right(s)-of way: -(1) An historic carriage house varying from 1.2 to 1.5 feet into the alley right-of- way and approximately -1 foot into the North First Street right-of-way; and (2) A wrought iron fence from.about 3.5 to 4.5 feet into the West Francis Street right-of-way, each as described in Exhibit "A" and depicted in Exhibit "B." WHEREAS, Section 19-5 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 conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private 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. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. 380740 H--7'79 P 74 04/24/95 02 e 54PI PG 21 OF 5 4. 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 permits from the City Streets Department for any work to be performed in the public right-of-way with design approvals for such work obtained from the City Parks and Engineering Departments as appropriate. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 5. Licensee shall at all times during. the term 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 co-insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. 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 cancelled 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 filed. 6. Licensee shall save, defend and hold harmless against any. and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of Licensee's intent to cancel. This license may be terminated by Aspen 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. 8. 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 be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting 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, their heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. 380740 B--779 F'-275 04/24/9'5 02:54E1 PIG 3 OF 4 12. If the structure(s) for which this license was issued is/are removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license prior to building. It is City policy to preserve public rights-of-way for the general public benefit, and it is not anticipated that reconstruction of encroachments would be permitted. No existing encroachment shall be enlarged without obtaining an additional license prior to construction. 13. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO B �- ity 6gineer ATTEST: KATHR S. OCH, City Clerk Licensee STATE OF COLORADO ) ss. County- of Pitkin ) // The foregoing instrument was acknowlec�d befor4 me this _ c0 bk day of c* 19 �f by Thomas E. Congdon, and Noel .R. Congdon WITNESS MY HAND AND OFFICIAL SEAL. •' ` "1f' ' M Commission Expires: August 20,1995 �� - . i �-commission expires: Y Notary Public s . � Address fr y. %. A r E ------- - -- - 380740 B-779 P-2'76 04/24/9 02:541D PG 4 OF 5 ---- - ------- --� PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA. STREET ASPEN, COLORkDO 81611i_ PHONE/FAX 925-3816 MARCH 29, 1995 CONGDON BARN ENCROACHMENT LICENSE DESC'RIPTION � ENCROACHMENT LICENSE FOR THE PORTIONS OF THE BARN THAT LYE WITHIN THE RIGHT-OF-WAY OF FIRST STREET AND ALLEY BLOCK 48 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO, DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID BLOCK 48 (CITY MONUMENT IN PLACE) BEARS S 14°15' 4'i9"W 84 . 11 FEET AND N 75°19' 11"W 270 . 00 FFET; THENCE S 75°09 ' 11"E 1 . 94 FEET; THENCE N 14050' 49"E 18 . 51 FEET; THENCE N 75°09' 11."W 24 .40 FEET; THENCE S 14009' 11"W 2". 62 FEET TO THE POINT TERMINATION ON THE NORTH BOUNDARY OF LOT S OF SAID BLOCK 50 . CONGDON FENCE ENCROACHMENT LICENSE DESCRIPTION ENCROACHMENT LICENSE FOR THE PORTIONS OF THE FENCE THAT LIE WITHIN THE RIGHTS-OF-WAY OF FIRST AND FRANCIS STREETS BLOCK 48 _ CITY AND TOWNSITE, OF ASPEN, PITKIN COUNTY COLORADO, DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID BLOCK 48 (CITY MONUMENT IN PLACE) BEARS N 75019' 11"W 210 . 00 FEET; THENCE S 14050' 49"W 5 . 00 FEET; , THENCE S 75009' 11"E 61 . 00 FEET; THENCE N 14050' 49"E 89 . 1:1. FEET; THENCE: N 75009' 11"W 1. . 00 FEET TO THE POINT TERMINATION ON THE EAST BOUNDARY OF LOT S OF SAID BLOCK 50 . BEARINGS BASED ON THE FOUND CITY MONUMENTS FOR THE SOUTHWEST CORNERS OF BLOCKS 48 AND 55, N 7500911.111W . PREPARED BY: JOHN HOWORTH, CPLS 25947 6/7 �4 _~f t ALLEY BLOCK 48 r-_ f7 r4rr�• LL LL ell f . I A l _ r _ �' tfl>�.,Mtri 1 41.W 5 .•l�t"r5 f - FRANCI, STREET