HomeMy WebLinkAboutcoa.pi.126 Park Ave.1999 (2)
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SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND
kJ'A- p. A])AI~ Jr<.
(hereinafter "Owner")
WHEREAS Owner~ is~) the ownery5 of the real property located at (street address and
legaldescriptionofproperty) 12b PtWt.~lU.: .4S(lW'. {~ (tEifAt.. I~ A17J"e;tfeIJ AS
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Aspen, Colorado, and
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WHEREAS, Owner has recently completed new construction and desires to obtain a
certificate of occupancy; and
WHEREAS, Owner's property is within a zone district or other area as designated on the ,
City of Aspen adopted sidewalk, curb and gutter plan requiring construction of curb, gutter and
sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof, an agreement for future
construction pursuant to Section21.16.050 of the Municipal Code; and
WHEREAS, the City Engineer does not recommend the construction of curb, gutter and
sidewalk on public right-of-way adjacent to Owner's property at this time due to existing
improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
I. Owner agrees to construct curb, gutter and sidewalk, meeting City specifications, along
the frontage of Owner's property (approximately
q5 feet), together.with associated street
asphalt pavement work, at such time as the City of Aspen deems construction necessary and
feasible. It is acknowledged by all parties that the present requirement is for two (2) foot gutter, six
(6) inch vertical curb, and five (5) foot wide concrete sidewalk with five foot snow storage between
sidewalk and curb, or as otherwise specified in the City of Aspen Sidewalk, Curb and Gutter
Specifications in effect at the time of construction. As provided for in Section 21.16.060, Owner
agrees to pave driveway from curb to property line.
2. In the alternative, at the City's option, the City may construct the above improvements
and Owner shall reimburse the City for all costs of such construction, Reimbursement shall be
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429000 03/22/1999 12:57P AGREEMEN DAVIS SIlVI
1 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
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made to the City within ninety (90) days after receipt of invoice. In the event of failure to pay, the
cost shall be placed as a lien against the property to run with the land.
3. In the event that the City determines that sidewalk shall be constructed on one side
of the street only, and if that side is Owner's side of street, Owner agrees to pay io construct the
sidewalk with reimbursement of half the cost at a later date if the property across the street from
Owner is developed. If the City determines that the sidewalk shall be constructed across the street
from the Owner, Owner shall participate in the cost of the sidewalk in the amount of half of the
cost.
4. This agreement shall be binding and shall insure to the benefit of the heirs, assigns,
and successors in title of the parties hereto.
Entered into this )1$; day of f~^1
By: ~ P'~~',
, 19-1L.
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State of Colorado )
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County of . )
The foregoing instrument was acknowledged before me this ~"l:t-
19QQ, by C-\v-c/ 7, ~Q,,:r .0'<<. .
day of iJ.,l'RJJ..V\
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My commission expires:
Address:
Notary Public
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CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: " ~//7am:." .$A'/96
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KM96.81
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1111111111111111111111111111I111111111111I1111111111111
429000 03/22/1999 12:57P AGREEMEN DAVIS SIlVI
2 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
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EXHIBT "A" -----LEGAL DESCRIPTION
PARCEt. ,,:
LOTS 1 AND 2,. BLOCK 7, RIVERSIDE "DDITION TO TilE
ilSPtH. EXCEPTING THE SOUTIlERLY F'IfTEE:N (15) FEET
'PROPERTY.
PARCEL D:
A PARCEL OF LAND BEING PART OF LOTS 1, 2 AND 4, BLOCK 7, RIVERSIDE
ADo.ITION TO TilE CITY Of ASPEN, COL0RADO, SAID PARCEL IS HORE fULLY
DESCRIBED AS FOLLOWS:
DEGHHHIlG AT A POINT ON TilE WESTERLY LINE OF SAID LOT 1 WHENCE THE
SOUTHWESTERLY CORNER Of SAID LOT 1 BEARS 5 00014'00" W 15.51 FEET;
THENCE S 00014'00" W 23.00 fEET MONG THE WESTERLY LINE OF SAID LOTS 1
AND 4; THENCE 5 05041'25" E 40.05 FEET; THENCE 1'1 21050'00" E 15.00 FEET
TO A POHIT ON TilE EASTERLY LINE Of SAID LOT 2; TIIENCE N 75006'00" W
47.00 fEET ON A LINE PARALLEL TO AND 15.00 FEET FROM TilE SOUTHERLY LINE
OF SAID LOTS lAND 2 TO THE POINT OF BEGINNING.
PARCEL C:
'A TEN (10) FOOT STRIP l\LONG TilE SOUTIIERLY LINEOr-LOT 9, PROMONTORY
SUBDIVISION, ASPEN, COLORADO, 'EXTENDING FROM TlIE SOUTlIWEST CORNER or 5)1.10
LOT AT PARK AVENUE EASTERLY APPROXIHATELY TWENTY-FIVE 2"EET (25') TO TilE
WEST SIDELINE OF A FIFTEEN FOOT (15') STRIP ALONG TilE EASTERLY LINE or
SAID LOT PREVIOUSLY CONVEYED TO DR. RODERT BARNARD.
PARCEL D:
BEGINNING AT THE RECITED NORTHEASTERLY CORNER OF LOT 2, BLOCK 7, RIVERSIDE
ADDITION TO TilE SOUTHWESTERLY CORNER OF AN EXCEPTION PARCEL RECITED IN
BOOK 457 AT PAGE 136, PITKIN COUNTY CLERK AND RECORDER'S OFFICE, BEING A
REBAR AND CAP FOUND IN PLACE' BEARS N 88003'35" E A DISTANCE or 17.55 FEET;
THENCE N 75006'00" W A.LONG THE NORTH DOUNDARY LINE OF SAID LOT 2, BLOCK 7,
A DISTANCE 'OF 32.48 FEET; THENCE N 04035'38" E ALONG THE WESTERLY LINE OF
THE EASTERLY 15.00 FEET OF LOT 9, BLOCK 1, PROMONTORY SUBDIVISIO~ A
DISTANCE OF 13.77 FEET TO A POINT ON AN EXISTING FENCE LINE; THENCE ALONG
SAID FENCE LINE THE FOLLOWING TWO (2) COURSES; S 87000'10" E A DISTANCE
Of 4.44 FEET; THENCE S 50049'49" E A DISTANCE OF 28.10 FEET TO A POINT ON
THE SOUTlffiRLY BOUNDARY or LOT 7, BLOCK 1, PROMONTORY SUDDIVISION; TITENCE
ALOHG S~D SOUTHERLY BOUNDARY LINE S 77045'35" E A DISTANCE or 5.37 FEET;
THENCE 5 21050'00" W ALONG THE RECITED EXTENSION OF TIlE EASTERLY BOUNDARY
LINE or LOT 2, BLOCK 7, RIVERSIDE ADDITION TO THE CITY OF ASPEN A DISTMlCE
OF 3.19 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAININ~ 282.0
SOUARE FEET, MORE OR LESS.
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CITY AND TOWNSITE or
OF SAID AGOVE DESCRIBED
COUNTY OF PITKIN,
STATE or COLORADO.
I 11111I 1111I IIU111111 111111I111111111111I11111111I1111
429000 03/22Y1999 12:!7P AGREEMEN DAVIS SIlVI
30' 3 R.l~.00 D 0.00 N 0.00 PITKIN COUNTY CO
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