HomeMy WebLinkAboutLanduse Case.CO.634 W Hallam St.A003-02
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A003-02
2735-124-26013
Sixth and Hallam Condominium Plat Amendment
634 W. Hallam
James Lindt
Condominium Plat Amendment
Carl Baker
Kent Schuler
3/22/02
Plat Recorded
3/25/02
J. Lindt
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REVOCABLE ENCROACHMENT LICENSE
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COUNTY RECORDING DATA:
RECEPTION NUMBER:
BOOK NUMBER:
PAGE NUMBEFl:
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INSTRUCTIONS: CO/'1PLETE THE FOLLOWING AS IT APPLIES TO YOUR REQUEST
THIS liCENSE IS FOR: (CHECK ONE)
o TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM nla TO nla
o TEMPORARY. PERPETUATEO UNTIL REVOKED BY THE CITY
er'1=EMPORARY FOR PRE-EXISTED CONDITION AND PERPETUAtED UNTIL REVOKED BY THE CITY
This Agreement made under this license and entered into this 21 day of February , 200~, by and
between the CITY OF ASPEN, Pitkin County, .Colorado, hereinafter referred to as "ASPEN" and
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Carl Baker & Mary Elizabeth Wilson , at 630 '~, ~ st ,allam Street, Aspen Colorado 81611
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WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen,
Pitkin County, Colorado: .;. j,b .
C,,~ Spo
Street Address: 630"111 West Hall am Street, Aspen, Colorado 81611
Legal Address: 6th and. Hallam Condominiums~.B19ck22, Lot K and Westerly 22 1/2 feet of Lot L
WHEREAS, said properties abut the following described public right(s)-of-way:
hereinafter referred to as "Licensee",
North East corner of Sixth and Hallam Street
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: An exi sting hi storieal condition of
all the trees, driveway and low amp lights along walking path (se~attached Exhibi~A)
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, in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee
covenant and agree as follows:
OL 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.
02. 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.
03. This license shall be subordinate to the right of ASPEN to use said area for any public purposes.
04.
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 right-of-way
and Building Permit as required by the City for any work to be performed in the public right-of-way
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with design approvals fl lch work obtained from the City Engin,-_.:hg Department. Licensee
agrees to join any improvement district formed for the purpose of constructing improvements in and
to the public right-of-way.
05. Unless the property that is the subj ect of this license agreement is covered by a homeowners
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 $150,000 per person and $600,000 per occurrence) as may be amended from time to time,
naming the City as "Additional Insured".
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06. 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 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.
07. 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, 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. 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.
08. 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 tllis 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.
09. 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 here~fter is adopted.
10. 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.
11. 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.
12. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be
entitled to its reasonable attomey's fees.
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13. If the structure for whicl s license was issued is removed for an) "son, 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.
14. The licensee waives any and all claims against the City of Aspen for loss or damage to the
improvements constructed within the encroachment area.
15. The Licensee clearly understands the following actions of Licensee orhis/her agents and employees
shall automatically terininate and cancel this agreement: .
a) Discontinuation .o/insurance coverage
b) Change of ownership or alteration of use from the original specific use in encroached area
c)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.
IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written.
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(Licensee)t Carl E. Baker
THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBUC,
STATE OF COLORADO )
.) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
U dayof R.b~ ,llVz., by -htanr ~. ~.m.p
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: ~rtlt>-o2-
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(DO NOT WRITE BELOW TIllS LINE, FOR CITY USE ONLY)
APPROVAL CONDITIONS (Ustifany):
CITY OF ASPEN, COLORADO
By:
NICK ADEH, City Engineer
ATTEST: 1izA.
KA TIlR
ENG.'rJ<I
DATE:~~jcQ /
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To:
From:
Date:
Re:
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MEMORANDUM
Kent Schuler, Aspen Real Estate Company
James Lindt, Planner::;:JL
February 1,2002
1 st Amendment to the 6th and Hallam Condominium Map-
Community Development Department Amended Comments
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5.
6.
Indicate the purpose of the amendment to the condominium plat
directly below the plat title.
Indicate the Zone District on the Plat.
Include Plat Note thatstates, "the 6.1' x 8.1' storage shed northeast of
unit 2 shall be removed or brought into compliance with the R-6
(Medium- Density Residential) Zone District requirements by May 1,
2002 or this plat will be null and void". Shed must also be labeled on
the plat.
Switch the owner's names under owner certificate. Carl Baker owns
Unit 2 and Mary Elizabeth Wilson is the owner of Unit 1.
All ofthe City Engineer's Comments must be reflected on the final set
of two mylar plats in addition to the Community Development
Department's comments.
Obtain all signatures with the exception of the City Community
Development Director, City Engineer, and Pitkin County Clerk and
Recorder prior to submitting 2 corrected mylar copies to Community
Development Department for approval. Submit a recording fee of $1 0
per page to be recorded at the time of mylar submittal. In this case
one page will be recorded.
JAN-30-2002 WED 03:38 PM
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FAX NO, ("'\
P. 03
MEMORANDUM
To: James Lindt Planner
From: Richard Goulding, Project Engineer
Date: January 30, 2001
Re: 6'h and Hallam
1. State the purpose of the Plat in the Title
2. Show Basis of bearing tied to a USGS, NGW or city monument system
3. Obtain an Encroachment license for all tree, driveway and lights along path that
encroach into the City's Right of Way
4. A note is to be added to the Plat stating that the Par~ing shown in the City ROW
along 6.h street is public parking and not for the exclusive use of the residence
5. The following Certificates need to be completed:
Owners Cert.
Mortgagee's Cert.
Title Cert.
Surveyor's Cert.
Community Development
TO:
FROM:
RE:
DATE:
COMMENTS:
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MEMORANDUM
Plans were routed to those departments checked-off below:
:~......... City Engineer
o ........... Zoning Officer
o ........... Housing Director
0........... Parks Department
o ........... Aspen Fire Marshal
o ........... City Water
o ........... Aspen Consolidated Sanitation District
o ........... Building Department
o ........... Environmental Health
o ........... Electric Department
o ........... Holy Cross Electric
o ........... City Attorney
o ........... Streets Department
o ........... Historic Preservation Officer
o ........... Pitkin County Planning
James Lindt, Planner
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
6th and Hallam Condominium Plat Amendment
Parcel ID #2735-124-26-013
January 23, 2002
Please return comments to me by January 31 st.
Thank You,
James Lindt
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Aspeli)/Pitkin
Com."unity
Develppment
Depattment
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130 S Galena SI.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Fax
To: Kent Schuler From: James Lindt
Fax: 925-3531 Pages:
Phone: Date: 1/30/02
Re: 6th and Hallam Condo Plat Comments CC:
o Urgent
o For Review
o Please Comment 0 Please Repll'
o Please Recycle
. Comments:
Hi Kent,
Please find attached the Community Development Department's comments regarding the 6th and
Hallam Condominium Plat Amendment Please have the surveyor make the requested changes. The
6' x 8' storage shed does not require a building permit, but it does have to be detached from the main
residence by 5' feet or removed, and it still has to be within the required setback if it is maintained.
Please have the surveyor reflect on the plat the physical change. Please call me at 920-5095 if you
have questions about this.
Thanks,
James Lindt
Planner, City of Aspen
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I, fIarold to[. J'ohn.';:m (JOHNSON-LONGFELLOW.&
".SSOC., Inc.'}, a registered surveyor' in the
state of Colorado, do hereby certify that
on the 16th day of ~larch, 1976, a one story
duplex ,.:as found to be entirely within the
boundaries of Lot K and the West 22.5 feet
of ~ot L, ~)ock 22, ~spenJ Colvrado, as
shot~n on the above plat. All easements or
cncroachr:lcnts in evidence or knot...n to me are
as .:::ho'.'m. .The survey is true and correct
te. the b<.!st of my kno~,'ledgc and belief.
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