HomeMy WebLinkAboutFile Documents.1112 Waters Ave.0089.2017 (3).ARBK CITY OF ASPEN ENGINEERING DEPARTMENT
REVOCABLE PERMANENT ENCROACHMENT PERMIT
THE CITY OF ASPEN APPLICATION CHECKLIST
The following items must be submitted before a Revocable Permanent Encroachment License
application is processed.
❑ Completed Application Form (incomplete applications will not be accepted).
❑ Permanent encroachment exhibits (Exhibit "A") must include an 81/2" x 11" drawing, accurately
and legibly prepared and stamped/sealed/dated by a Colorado Professional Land Surveyor. All
drawings must include the following information:
• Property lines identified
• City Right-of-way identified
• Property address
• Abutting street and alley name
• Exact location and dimensions of items that encroach
❑ Certificate of Liability Insurance, in the amount not less than statutory limits, that:
• Names the City of Aspen as an additional insured.
• Must be valid for the duration of the encroachment. It shall be renewed if necessary to
provide continuous coverage.
• Is issued by an insurance company having an established office in Colorado and licensed
to do business under Colorado State laws.
• Has witnessed execution of application document by a Notary Republic.
❑ Nonrefundable application review fee of$1,000.00* (cash or check issued to the City of Aspen).
*Recording fees determined by the Pitkin County Recorder's Office and collected by the City of Aspen as part of the
permit application fees.
Please allow fourteen (14) business days for review.
Note: If the insurance policy is canceled/not renewed, the encroachment license may
become null and void at that time.
City of Aspen-Engineering Department,130 South Galena Street,Aspen Colorado 81611 970-920-5080 REVISED ivu E CE IVE1
2/04/18
ASPEN
BUILDING DEPARTMENT
CITY OF ASPEN ENGINEERING DEPARTMENT
REVOCABLE PERMANENT ENCROACHMENT PERMIT
THE CITY OF ASPEN REVIEW PROCEDURES
Encroachment license applications are received and reviewed by the Engineering Staff and approved or
rejected by the City Engineer. Depending upon the feasibility of an encroachment into a public Right-
Of-Way(ROW)and restrictions imposed upon use of the ROW for public access,delivery and installation
of underground services, an application for encroachment license may be approved or rejected in
accordance with the City of Aspen Municipal Code (AMC 21.04.050, 21.04.060, 21.04.070, 21.04.080,
and 21.04.090).
All applications for permanent encroachments will be reviewed by the Engineering Department
according to the following criteria:
• UNRESTRICTED ACCESS: The area of encroachment within the public ROW corridor must be
accessible at all times to service/construct utilities, roadways or any other activity as deemed
necessary by the City.
• TRAFFIC CIRCULATION: Areas designated for vehicular turning movements, deck overhang space,
etc. should not be negatively impacted.
• STREET OR ALLEY MAINTENANCE OPERATIONS: Maintenance work such as snow storage and snow
removal should not be negatively impacted.
• CODE AND LAW ENFORCEMENT: Encroachment shall not cause a problem or compound an existing
problem for traffic control, city police, ambulance service or fire protection district operations.
• IMPACT ON INCOME PRODUCING SPACES: Paid parking stalls, net leasable commercial area or other
income producing spaces may not be encroached unless a rental agreement is obtained from
the City of Aspen prior to application for encroachment.
• COMPLIANCE WITH ADOPTED MASTER PLANS: An encroachment shall not override the requirements of
other adopted land use master plans such as the Trail corridors, Malls, improvement districts,
etc.
• BENEFIT: Consideration of whether the encroachment is beneficial to the City of Aspen. An
encroachment effectively provides public property for private use. Therefore, as a general
policy, it is not in the City's interest to grant encroachments. New structures should be able to
accomplish their various needs within the confines of their property boundaries and required
setbacks. Granting of encroachment will generally occur under one of the following conditions:
a) To acknowledge an existing, historical unlicensed encroachment and to outline the
owner's liability and responsibility for maintenance and future removal of the
encroaching structure, or
b) To license an encroachment that is a public amenity. Examples may include awnings on
commercial structures, non-restrictive safe objects, planters in the right-of-way (but not
within pedestrian walkways), irrigation systems approved by Engineering and Parks
Departments to maintain landscaping within public right-of-way.
City of Aspen-Engineering Department,130 South Galena Street,Aspen Colorado 81611 970-920-5080 REVISED ivu E CE IVEO
2/04/18
ASPEN
BUILDING DEPARTMENT
REVOCABLE ENCROACHMENT LICENSE APPLICATION
For Office Use Only:
Date Received: Permit Number:
INSTRUCTIONS:COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST
THIS LICENSE IS FOR(CHECKONEONLY)
❑PERPEIUAIUAL UNTIL REVOKED BY THE CITY.
▪PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY.
VALIDATION PERIOD: REQUESTED START DATE:
This Agreement made under this license and entered into this end day of January , 20 18 , by and between the CITY OF
ASPEN, Pitkin County, Colorado, hereinafter referred to as"ASPEN"and
Rob Cairncross at 0133 Prospector Road,Suite 4102 Aspen,CO S1611
(Print Owner's Full Name) (Print Owner's Legal Mailing Address)
daytime phone number: 970-618-6722 , 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: 1112 Waters Avenue Aspen,CO 81611
Legal Address: Lot 9,Calderwood Subdivision according to the Plat recorded December 29,1961 in Plat Book 2A at 264 Reception No.112674 City of Aspen,County of Pitkin,State of Colorado
WHEREAS, said properties about the following described public right(s)-of-way(name of streets/alleys impacted):
Waters Avenue
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"A":
Civil Engineering Drawings for Building Permit
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 conditions,
THEREFORE,the consideration of the mutual agreement hereinafter contained ASPEN and Licensee covenant and agrees as follows:
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.
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.
This license shall be subordinate to the right of ASPEN to use said area for any public purposes.
RECEIVED
City of Aspen-Engineering Department,130 South Galena Street,Aspen Colorado 81611 ff 970-920-5080 REVISED 12/20/2017 3
2/04/18
ASPEN
BUILDING DEPARTMENT
The Licensee shall obtain right-of-way and Building Permits 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 Department. Licensee agrees to join any improvement district
formed for the purpose of constructing improvements within public right-of-way. 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. In the event that Licensee defaults in any of its duties as set forth herein,
ASPEN shall have the right, upon written notification to the Licensee, to perform duties to ASPEN standards and to recover all costs for
performing duties from the Licensee. Further, Licensee waives any claim for damages sustained by Licensee and Licensee shall hold
the City of Aspen harmless for any claims, causes of action or damages asserted against the City of Aspen for the work performed by
the City of Aspen pursuant to this paragraph.
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 benefit of the City with limits of not less than those specified by Section
24-10-114, C.R.S., (currently$350,000 per person and$990,000 per occurrence)as may be amended from time to time,naming the City
as "Additional Insured".
Licensee shall maintain said public liability insurance coverage in full force and effect during the term of this License and shall furnish 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 forty-five(45)days after receipt by the City 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.
Licensee agrees to indemnify and hold harmless 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,
including but not limited to, 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 or the City. 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 terminated by Licensee 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.
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.
In any legal action to enforce the provisions of this Agreement,the prevailing party shall be entitled to its reasonable attorney's fees.
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.
RECEIVE
City of Aspen-Engineering Department,130 South Galena Street,Aspen Colorado 81611 970-920-5080 REVISED.12/20/2017 4
2/04/18
ASPEN
BUILDING DEPARTMENT
The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically terminate 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 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 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.
(licensee signature must be notarized)
TIE FOLLOWING SECIION MIST BE COMPLETED BYANOTARYPUBLIC:
STATE OF COLORADO)
)ss.
County ofPitkin )
The foregoing instrument was acknowledged before me this
Day of ,20 ,by (Licensee).
(Print Licensee Name)
WITNESS MYHAND AND OFFICIAL SEAL
Notary commission expires:
(Date) (Notary Public)
(Address)
(DO NOT WRITE BELOW THIS LINE,FOR CITY USE ONLY)
CONDITIONS of APPROVAL(if any):
BY: DATE:
CITY of ASPEN,ENGDEPT
RECEIVED
City of Aspen-Engineering Department,130 South Galena Street,Aspen Colorado 81611 970-920-5080 REVISED.12/20/2017 5
2/04/18
ASPEN
BUILDING DEPARTMENT