HomeMy WebLinkAboutencroachment.columns.Crandall Patio Bldg 1982 rc �d od o'� AWAY 1 982
Reception No.� '
Loretto B nr=er, 41 i.l C�) [recorder
AGREEMENT L�BK 26 i�' �11
'I
THIS AGREEMENT made and entered into this 3rd day of
June, 1981, by and between the City of Aspen, Pitkin County,
Colorado, hereinafter referred to as "Aspen" and Jack S . Crandall
and Gesine Crandall, doing business as the Patio Building Company,
a joint venture, hereinafter referred to as "Licensee" .
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lots R and S, Block- 99
Original Aspen Townsite
WHEREAS, said property abuts the following described public
right-of-way:
Spring Street, City and
Townsite of Aspen, Colorado
WHEREAS, Licensee desires to encroach upon said right-of-
way as such encroachments are shown on the Condominium Map for
the Patio Building Condominiums recorded in Plat Book at
page of the office of the Clerk and Recorder for Pitkin
County, Colorado, for the following purpose: maintenance of
seven (7) building columns on said Lot S, Block 99 .
WHEREAS, Aspen Agrees to the grant of a private license of
encroachment subject to certain conditions .
THEREFORE, in consideration of the mutual agreement hereinafter
contained, Aspen and Licensee covenant and agree as follows:
1. A private license is hereby granted to Licensee 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 at the sole
discretion of the City Council of the City of Aspen.
3. Licensee shall hold Aspen whole and 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.
t. 0
NOK 426 P:1GE 528
4. This license may be terminated by Licensee at any
time and for any reason on thirty (30) days ' written notice
of their intent to cancel. 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
Licensee shall, at their expense, remove any improvements or
encroachments from said property. The property shall be
restored to a condition satisfactory to Aspen.
5. 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.
6. Nothing herein shall be construed so as to present
Aspen from granting to anyone such additional licenses or
property interests in or affecting said property as it deems
necessary.
Y
7 . 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.
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
ATTEST:
PATIO BUILDING COMPANY
Kathryn K h
City Cl rk
By
JaAk S. Crandall, a joint
vjgnturer
By
Gesim Crandall, a joint
venturer
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Y �COK 426 PnE 529.
STATE OF COLORADO )
ss .
COUNTY OF PITKIN )
The foregoing instrument was duly acknowledged before me
/9/,'.2,
this 1/ day of-ddaa ; by HERMAN EDEL and KATHRYN S .
KOCH,.,,,,pers.onally known to me to be Mayor and City Clerk of the
City:;of,"Aspen, Colorado.
...tness; my .hand and official seal .
o0
eal .
I commission expires :
�,�,STS-��►-r ��^_ YA 0 a,4,0�
N aryPublic /
lao
STATE : F COLORADO )1
ss.
COUNTY' OF PITKIN )
The foregoing instrument was acknowledged before me
/3VlaJ0,
this 3 day ofmg4pje, 1981, by Jack S. Crandall and Gesine A.
Crandall doing business as the Patio Building Company, a joint
venture.
Witness my hand and official seal.
My commission expires :
1 comm ,:;inn Expires Ju13 a, i985
NotaryPublic-,,
``'.,c� s J{i;➢
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