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Home My WebLink Aboutlanduse case.AP.1175 Cemetery Ln.A10-92 ,.-., ,,-, CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 2~12/92 DATE COMPLETE: _~?-" PARCEL ID AND CASE NO. 2735-013-17-001 A10-92 STAFF MEMBER: KJ c ~"- ~D "" li) 't Ie '- PROJECT NAME: Sadron Insubstantial Plat Amendment Project Address: Lot 14. Red Butte Condominiums Legal Address: Sec 1. Township 10 South. Ranqe 85 West APPLICANT: Alexandra Sadron Applicant Address: P.O. Box 7814. Aspen. CO 81612 925-5107 REPRESENTATIVE: Self Representative Address/Phone: Aspen. CO 81611 =======================~===================================== PAID: (YES) NO AMOUNT: $113 TYPE OF APPLICATION: 1 STEP: P&Z Meeting Date ~ PUBLIC HEARING: ./ CC Meeting Date ~ ....- YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Dir or Approval: Insu antial Exemption: ~ Paid: Date: ..-"- REFERRALS: City Attorney Mtn Bell )( City Engineer Parks Dept. Housing Dir. Holy Cross Aspen Water Fire Marshall City Electric Building Inspector Envir.Hlth. Roaring Fork Aspen Con. S.D. Energy Center DATE REFERREO:c:9..,,2J- %.2--- INITIALS: ,~, ;~;~~=;~~;~;~7================;~;;=;~~;;;7===11;~===~;~;~~~7)(T~ ___ City Atty ~ity Engineer ___Zoning ___Env. Health ___ Housing Other: Schoot District Rocky Mtn NatGas State HwyDept(GW) State HwyDept(GJ) Other STATUS AND f~ LOCATION: ~.~~ ~ rYt~ I( / II(~ ~ CITY OF ASPEN ,,-. b7 P~-APPLICATION CONFERENCE SUMMARY PROJECT: ~~ ~ ~/))'. f/d~ APPLICANT'S RllPRESEN'l'ATIVE' Ii'~,( ~ REPRESENTATIVE'S PHONE: 5'- ~ 01 '-.JI OWNER'S NAME: 1. SUMMARY Type of Application: ~, .?fJ...,;:(~a-.J2 2. Describe action/type of development being requested: ~/~'r 16 ~, 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent ~/. Comments PM- ~iN1tAud; I 4. Review is: (P&Z Only) (CC Only) ~ t:f'Ue-Jz. ~ 5. 6. (P&Z then to CC) Public Hearing: (YES) 2. Number of copies of the application to be submitted: / J. ~ E$ 7. What fee was applicant requested to submit: __=2 8. 9. Anticipated date of submission: ~N:'S/UNI9UE CON~. ~1i!5:1 ~ - ~ ~, t r~~ 1J:j<~~, , ~.d; "'tM1 f frm.pre_app r-U~i~ ,. ~ Ma~. " '""", ~1" ,~, """ :< /.....\IAND USE"1\PP.I:J:CATIQl"~' , r -", ", ; 1), Pro:i.~NaIIe'~RI4;~iJ~*., 2-~"Q+~l=~F~! , .,;t~)/'..:Projec:t ~}~"1:at-Ict't '~~'-1Mef;41 CcA),j;+'d~ ,,' .' , '.WK' ~'~'l ~_li!&.L~/GII " , (i.rW.cate $b.~' " ~ot &1biOCtc p-, letjal ""$Cldpt:i.cn WheJ:e <IK'L~.Lat.e) , " , .,j;.:;., .- 3) a ~"L~__~-tr ,,4) ~Size~)(.eSI' 5) 19;iJ;C'IIJ.t's Name, 'Aa:, & Bxlnef MQ.N. s:::.j~......, f?c?x T-~ Pj , k.:-V,l"" .c'E. 8'1e; 1'2- ; SLP3 - <1N -sJ OJ . .. ',' ,~, " I. . '. '. "I . 6) ~ so 1 d..ctU.ve's Name, Al::h. & Bxlne # ' s'" '^' 0--- ::i.~#4tf ~ ,7) .Tfpe'1Of AgIlicat:iat (pI- dleck alltbat; aanY):.."" _ a::nH.t1aIalUse ' , _ 0r:lncepbJa1 sa,...{. ' , ...:.- '0.. '-i'Wal HistxJr:;ic Dev. --'- ~Al BeYiew _ FinalS _,F.ina1 HistxJr:;ic Dev. ;':~"! J" . '<~:'i:;':'):', , _ 8040 GmenUne ' , ~, Or:lncepbJa1l'1JD ' _ Hi.nOr HistxJr:;ic'Dev. ' _ st..._ H:u:gin --..: Finall'lJD -----.; H:i.st:ar.ic """"'J it:ia1. !bmt:a:i.n VieW~' / SaJ:x3hr.isj.cn,"'7f~..~I.J,,: H:i.st:ar.ic .......~--+-~...... , ''''",> -. - )4""'~"''''' ~J"~ ~.-._& .' , /II.....,... " , --'- ~ _ 'l'e:K:t:/Ifap .&aa-d.. ~ QQS All.ot:ment _ IoI: Sp1.i1;lIol: Line _ QUl, ExeIIpti.cn 1ldju..t.-:..L _ Vested Rights 8) Descr.iptia1 of Eldst:i.JJJ Uses (T.nni",.. am. type of eicisting st:J:ucbD:es; ~ ' sq. ft.; p- of b.ih.UlAlE:>; aqy pteVia:Js ~ granted to the pn:perty) . bupfJU>>l. 1;11 :2.. kdV'~ov.....s #b: '3 beJl'"'()QI1"lS -'#-l 9) ............;.....~- ., "--' ' t "~1 ~..."...~- ~~~. 0... JJtOV='-P'""'i ~~. ~~(~ ~ IfaVe you att;rlvoif the followiDj? ~;'iaJSe to Att-;" ~"'''',L 2, M:ini:IIIlm ~:nhni_ion. cart:ents Respoose to Atta. ~.,,~d. 3, SfoE'r'if'ir< Snhni-ioo. cart:ents Respal:JSe to A:l:t-"- ~"'~lL 4, Review st:an:IaJ::as for Yoor AJ;pli.catian '" r"\, """'" /l1fJ1e:lIHwr '8 " MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer ~ Date: March 11, 1992 Re: Sadron Insubstantial Plat Amendment Having reviewed the above referenced application, the engineering department has the following comments: 1. Please have the applicant provide a note on the face of the plat amendment that references the books and pages of the original plats and another note which states generally what the changes are with the current amendment. 2. The are of hillside down to Cemetery Lane does not have a GCE/LCE indication. The final plat must indicate ownership nature of that area. The area was indicated as GCE on the previous plat. M92.100 ;-.. ,-.., ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM ~ TO: FROM: City Engineer Kim Johnson, Planning Office RE: SADRON INSUBSTANTIAL PLAT AMENDMENT Parce1ID No. 2735-013-17-001 February 21, 1992 DATE: Attached for your review and comments is an application submitted by Alexandra Sadron, requesting approval for an insubstantial plat amendment to: 1) abandon the utility easement on the east side of the duplex; 2) change certain general common elements on the ground to limited common elements; and 3) to adopt a new entry configuration on the interior. Please return your comments to me no later than March 11, 1992. Thank you. ,....."" ! ~, i\ii,i,\! ,. J ~., .', "i'I'I\'/), 6 11'''1 \li'~:'\ kclt \ = ---,-~"','~,~>~' ',' If"'" I;:n ---- _'m..'...'_" ,-' , 1,-Q.,~~:-or?_:,L""?:..?_:'L '., ,J l--::::;;::;:::::;::____,_'"w."~-'-"" ,.,.-,.,..,( November 5, 1991 To Kim Johnson: We, Alexandra Sadron and Charlotte Fox, request approval for an insubstantial plat amendment to: (1) abandon the utility easement on the East side of the duplex, (2) change certain general common elements on the ground to limited common elements, (3) and to adopt a new entry configuration on the interior. Our desire to abandon the utility easement would not change anything as the easemen~~ never and would never be used by the utility companies. We have decided to split several general common elements and make them limited to assure right of ownership and responsibility. The elements are adjacent to each owner's side of the duplex and adopted by the owner as hers. The new entry configuration divides the foyer into separate ownership; Imited instead of general common element which allows each owner the freedom to do with her side as desired, (as it is the entry into her side of the duplex). The utility easement can be refered to in Book 627, page 966 and the first amended plat in Book 627, pages 66-84. "'''''-.Q.. \J-.~i.\i.'~ 'L~'>>~w...~v-'t v.....~~ ..so<a..~v- ~\::)..""-~ c:::. V-- , ~ U-.::> ~""t\..... ~\ \" ~ \c::l\::).. \ \. l 'l. C>- '\" 'V 'It- c:, 'I e:....\ d.-- \r~<::"c:::.,,"~"'-~ ~\.....\.,. ~C;)..\J.... ~"'- ~ c:::.\.>-v-~ \ '^- \S. Dt::> \~ b ~ ~ ~. ~b'o ~ Sincerely, O-..\u..t.~\.l....\.>.-o..... ~l>~"~~~ Alexandra Sadron & Charlotte Fox ,~ ,,1fAe/lll1&1IT 'C " ."., ~c:c: .~ ., . canyon cable tv This agreement, made this 1 day of August, 1990, between Canyon Cable TV a quasi-municipal corporation of the State of Colorado within the County of Pitkin (hereinafter referred "District" ) and to Alexandra Sadron and as Charlotte Fox (hereinafter referred to as "Licensee" (whether grammaticallY singular or plural), RECITALS 2. The term "property" as used herein refers to real property includes easements, rights-of-way, and other and District interests in land and may sometimes be referred to herein as "District property". IN CONSIDERATION of these premises and the premises set forth hereinbelow, the District, without warranting title or interest, and subject to the terms and conditions hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to abandon: The existing (10) foot utility easement, the centerline of which is located approximately seventy-one (71) feet south of the northern property boundary of lot 14, Pitkin Mesa Subdivision, Pitkin County, Colorado, the easement is shown on Exhibit nAn approximately bisecting lot 14. Division Of U"Reel Artists c.bIMystsms Corp. 201 Aspen Airport 8...1..... Center Aspen, Coforedo . .1.11 . 303/925-4091 ~, ~" I ~ ~. ~ "- ,~ ~ ~ ~ ~ q: ~ ~ ~ i ~ tij \) , ~ ~~~ ~ ~lI;j~ (i) fIi ~ !l ~~ ~ ~ ~~} ~ ~ ~ ~ ~ .~ -..;;;: ~ ~ ~ ~ ~" q: ~ ~ C( ,. Ji' I' . , ' fr~ I~ IU~f~_ fit I~~ If. II . j I f!J=! q~;;1 ' "'I JII,II',~ If =IN!: ~ IIIJ:~f,., f 'I~!!ii~ifl'i 4!U:JlffJ.', i J!H;!~I: ~ ,1.,11'.,. ." . ii!j!!!':!fi . ",\I '. 'ti~' \\. ......\: ',~ \ i~r "', \ ',. " . ..". I ~ ., \ \' .~\ l ~ ' I' ~ \ ." I_~___ _ ~ ~\\... I \.. \ t, '''f''-'' M:JiiiJ. .. ... I r f'\~ l: ,'~\ \" \ \ .:\\." ..... '., , I ~, . '. \:i~ .. \ ~ l'i \ ~\\\" " " \ i \ \ "\\\ 'II ~ 'I ,\ V' ~'\ ~ ... ., ".\ \.,; ... '., l \,\ . -, 1 \ \.-.----;u'..;D~-MA.~~..... . . \ .. ',i\\ \,'l: . . . \..' ~~. ., , \" "'.\ ~ \ ~ \ \ ~.~ , \ \ \ . > M-\" ,,',,: - . , \ .~. ...,.. ,I .P<!' 'C1N' .f".<:II:\~..y V . . I \I , I . \ . \,,; \\\ u'-' .' ,.~, -:\' I ~\ .. .. '\ l! .' ..I \ . , 11, 't I ~.t 1\' I .:' .' "... '- _. i .~, ~ ~ ,,..;.. .,.. : ..... '-;"~oN" ~- ~I" l ,-, . f' "............, t ~ . \ \ ,...... ,':\ ~.;. "~4 I. ~ 1~\ ':' ......" .. ." 'Iii: \.: , \ \, \ ';~ ~).-l~ ,-- .~\ \ .W'~~ -_ci>O'''''N' ,~' l"~\\ ~ i< .' ~ ,\ ~ . \ \ \" ~. ., i ~ -;'1. . ~... "" ... ._~_~ " ."" -. ~CJ/P'Ctt:II,.. iIt'...,..-.;o____ \ 'lcl~ 0 \l \~ \K '\\ '0 \' . .,I'jriu \ ...;;a;; "'.Cl'lI:IO.Mi:t#w , . , I 1..1 . Il \'I ! \' L-'-- ".,'.P~ , \ \~ \ ,-' . :~~...~ h} " ' ~ .. ~ '=.. ~ ~ "" J j", !I ,. .. Ii ~ '., · Ii. n Jij, · · "i I, .. \ ' \ , , , . . , . .. "'f'- . I \ , ~ ~ ~ If, II d I 'I '" . 'ii I I jij ,I ~II I' fl~ .1 .. .-----... \ \ I \ I \ \ \ \ -r-' L__ - .;-~ ......;, ~~_..- - ' -,.'" ........,......... r _. ------ -'- . ., ,.... , I \ \ ,-., jU d," U , \ q .1 ~ '" " \ to ;< Eo< .... IX> .... R ~ t ... , .' ~ . ~ ~ I ! .~ ,. . I "y'. '.. I :. 'i: ., ~ - r"~ ,", r-'CLAIMER OF INTEREST IN LA~ '. The undersigned, the Rocky Mountain Natural Gas Division of K N Energy, Inc., a Kansas corporation, and a natural gas utility which operates in various areas within the State of Colorado, including Pitkin County, has been asked by Alexandra Sadron to provide a statement that the undersigned claims no easement interest or other right, title and interest in a right-of-way strip in or to the fOllowing-described land situated in the County of Pitkin, State of Colorado, to-wit: The existing original twenty (20) foot wide utility easement paralleling and adjoining the original twenty (20) foot wide road easement within Lot 14, Pitkin Mesa Subdivision, Pitkin County, Colorado. NOW, THEREFORE, in order that Alexandra Sadron may clear title to the above-described land, the undersigned hereby represents to Alexandra Sadron, her heirs, personal representatives, assigns and successors-in-interest, that it claims no right, title or interest in or to the above-described land. WHEREOF, the undersigned has set its hand and seal the day of August, 1990. ~~.. Assistant secretary NATURAL GAS ENERGY, INC. ATTEST: STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) " . this \'-\~ ' day of August, 1990, before me a notary p in and for said county, personally came the above-named of the Rocky Mountain Natural Gas Divisio of K N Energy, Inc., who is personally known to me to be the identical~rson whose name is affixed to the above instrument as "Y".,,'C:>...~ <jl" C->~D of said corporation and he acknowledged the instrument to be his voluntary act and deed and the voluntary act and deed of said corporation. Witness my hand and notarial seal the date last aforesaid. ~ ~"_. ':';---'~~~'" Notary Publ~c 12055 West Second Place Lakewood, CO. 80228 My Commission expires: ~~-- . ~~ ~~~", ,.:.... .- .'. . . 1:,.. i ~. I ;; ~ , ~ ! . . ) ! " I , . I . , '. it . ~ ~ ... l" ; .~ \ if!~'" ',' "P II ~ II !I' . · ., J hi !J ~l r'JI · I'. " ,'t' 'I I i ~~.I ~ Its "I . . 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I \, .~ .. \ ~ . \' \ \ ~, -. ~\'~\, \ ~ \ ~ i.. ~. ~\ \<..,'., \ \\i" \ \~"(~ \ y,. ,:\ ~ I ,"",'. :eo..:t!:J'.,...~: "II~' ',\\. :. '~\l ~ '\ ,. . \ \; " . '.'.. \ k~1 kt \ '~'. \'." .\\ ,.~.~, -. \"" ". , ~ i!:a ~.. l' . r {." t...~;: <; , \ Iii .Ii n. ,. il'm~i1 Ji " hllil' J J:lJlftl!: . :.,1 ;'f'II,.:1 ) II'Ji'iHI! 'I~ ~,. .'\ '!I'oi1fl'l i.!1!U!ii~1 I d,,!!lf'lii , I~I'! II ~ :illfi.:=,.( , 1I1"IIr'" ';:illl. 'I , '. OJ i-f Itp ii, t,f( IJi -') bfi I rd ~. ~i . 'I , ~f .' ~ ~ ~~ ~ ~ ~ ~ ~ !) ~!Ii ~ ~ ~ ~~ E ~ ~~, ~~~ ~ ~~~ ~ ,~ ~ ~ ~ ~ ~ ~ 8-~~ ~ ~~ ~ ~~ ~' , .~ II ~rl ~"I H t"i 'i /"'"". ,-. ." - MEMORANDUM TO: Diane Moore, Planning Director FROM: Kim Johnson, Planning Office RE: Little Butte Duplex Condominium - Insubstantial Plat Amendment DATE: April 20, 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant wishes to amend the plat to reflect the abandonment of a utility easement, a change in general common elements, and a new interior configuration for the duplex's entry. This qualifies as an insubstantial plat amendment and shall be approved by the Planning Director. Staff recommends approval of the request with two conditions. APPLICANT/OWNERS: Alexandra Sadron and Charlotte Fox LOCATION: 1175 Cemetery Lane (Lot 14, Pitkin Mesa Subdivision) REFERRALS: Engineering: Chuck Roth has forwarded the following comments: 1. Please have the applicant provide a note on the face of the plat amendment that references the books and pages of the original plats and another note which states generally what the changes are with the current amendment. 2. The area of hillside down to Cemetery Lane does not have a GCE/LCE indication. The final plat must indicate ownership nature of that area. The area was indicated as GCE on the previous plat. STAFF COMMENTS: Section 7-1006 A. of the Land Use Code reads: "Insubstantial Amendment. An insubstantial amendment to an approved plat may be authorized by the Planning Director. An insubstantial amendment shall be limited ,to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Planning Director finds has no effect on the conditions and representations limiting the approved plat." The existing condominium plat indicates a utility easement along the east side of the structure. This easement has never been used. The applicants have provided documents allowing abandonment from Rocky Mountain Natural Gas, Canyon Cable TV, U.S. west ,1'"'"'\ 1'"'"'\ ,.,- Communications, Aspen Consolidated Sanitation District, and Holy Cross Electric. The proposed change to the easement is a technical consideration based on the fact that the easement had not been used by any utilities. The changes to the common elements and the interior entry design will not affect the original approvals beyond how the site functions for the occupants. Both owners within the duplex agree to the application. RECOMMENDATION: Staff recommends that the Planning Director approve with conditions the Insubstantial Plat Amendment for the Second Amendment to the Little Butte Condominium Plat. Recommended conditions of approval are: Prior to filing the amended plat at the County Clerk and Recorder's Office: 1. The amended plat shall include a book and page reference to the original plat and shall also note generally what changes are being made by the amendment. 2. The amended plat shall indicate the ownership nature of the hillside area down to Cemetery Lane. I hereby approve the above Insubstantial Plat Amendment for the Sadron Duplex Condominiums with the two above ond'tions. ~~ y Dia Moore, Planning Director Date ATTACHMENTS: "A" - Proposed plat amendment "B" - Engineering Referral Memo "c" - Agreements with utilities Regarding Abandonment jtkvj/sadron.dirmem 2 ----- ~, ,~, HOLY CROSS ELECTRIC ASSOCIATION, INC. RELINQUISHMENT OF PRIVILEGE TO UTILIZE EASEMENT WHEREAS, Pitkin Mesa Subdivision is situate in section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, , Colorado; and WHEREAS, the plat of said Subdivision is recorded in Plat Book 3 at page 58, in the records in the office of the Clerk and Recorder of Pitkin County, Colorado and an amended plat of said subdivision is recorded in Plat Book 4 at page 190 in said Clerk and Recorder's Office; and WHEREAS, said plat and the recording thereof created the utility easements shown upon said plats; and ' WHEREAS, a warranty deed recorded in Book 298 at Pages 610 and 611 in the records of the Clerk and Recorder of Pitkin county, Colorado reserves additional utility easements across said subdivision; and WHEREAS, Holy Cross Electric Association, Inc., a Colorado corporation (hereinafter referred to as "Holy Cross"), has utilized some portions of said utility easements and in the future will utilize other portions of such; and WHEREAS, it has been represented to Holy Cross that it would be a convenience to some interested parties if Holy Cross would relinquish its right to utilize a specific portion of said utility easements; and WHEREAS, Holy Cross has no present or future need to utilize said specific portion; NOW, THEREFORE, for a good and valuable consideration, the receipt whereof is hereby confessed and acknowledged, Holy Cross does hereby forever relinquish any and all right it has to utilize the portion of said utility easements, within said Pitkin Mesa Subdivision, described as follows: The sewer easement shown crossing Lot 14, Block 1, Pitkin Mesa Subdivision on the plat recorded in said Plat Book 4 at Page 190 and reserved as a utility easement by the warranty deed recorded in said Book 298 at Pages 610 and 611. This relinquishment does not affect the easement for an existing 'overhead three phase power line crossing said Lot 14. IN WITNESS WHEREOF, Holy Cross Electric Association, Inc. has caused its corporate name to be hereunto subscribed by its President, and its c~porate seal to be hereunto affixed, attested by its Secretary, on this 2...=--.: day of ll-::t~5f- , 1990. _ ~:~y ~Sp:~ATION' INC. ---- ATTRST: By: '~~t~ ~~A STATE OF (!Q/OtlFK/o ) ) ss. COUNTY OF GIII?+,<'H ) The foregoing instrument was acknowledqed before me this ~~___ day I of Jifl:tlf,-f- , 19..2Q..., by DAVE SAGE, as President, and by GEORGE LOESCH as secretary, of HOLY CROSS ELECTRIC ASSOCIATION, INC., a WITNE,'SS.~Y.hand a~d official seal. " Ii. I : My coma~s~~on exp~res: ______ ______ 44- '1/ ' N tary Public Address:r?tI.~ d/S"O ~j~7' ~, d'/~~ A:\Ballinger\Pitkin.rel '-"-,__.~::'::":" ~=_~:-::'- ,-c-_ -~'"'1-..'.-'--.,-.,,------_.--,.........----,.,--~'--. ,,- . '. i ,. I . , ~ , '-'~-~:'-''''''-l''lt-...-- -I' 'tCiffll': , .1 'I !I, · · Jl " 'Ia'ft ", hi U I ftidftl! J~I if. ' . /,i :rrn;I.! J' Jif 11!J:tI~ l' f~!1 ~ :\ -:ln1!;fj1 I J'l ~ i 1IIIil,I &! . JI! " I B'rr;, 'i, I If j& l'ff,,,:r"J 12 Ii I 'iffl II' f~ ~ &=ltl';: II ,I I , ill'll,,',. 1& ~I IFill · " f I & . iJllSf, .. .~ .- \\ ';;.- .........--......:-.-.-=-j-; \ ~;.7. ",.."""" A'~" '1" -- -- ----I .-t \ \ \ \ , \ \ \ \ \ l\ '; .. , \,..~: . I . _ __: _H _, ~ ; ..,~"!"'-- t!U~~" } l~:'" ~ .~ CJ ~ \ , I.. ~ "' ~\ 0 \\\. i ~~.....M(.._~: ~ ...~~. . (\ [\ \v -.\. " '0' ~ \'.'~\ \. ~ \ \ ' l t I~'- N~e>\- ~..- ~~r\ ~~~\ _ -. 'i ~ -~ \ ~\ ~ ~ ., ~~. ~, \ " , ~.\ ~'~ I \. .. . ~...v.~\'O..'"'... L..,j". \V --L-- . I'D'. n? ~ . - <N.'" i' .. )II'T""1 _. ..,... _".,. .-. -"'" -. 11II ~.... . h. _. : --, ~ ": \ . . . . . r ~- n' \'- \ ~ . ... ',r ..'I: - Ii \ ,\" -. . l I 'I" ~~, -, " .. \ , ,i, I . r\\-' -~- I \ \ . I I \-f \ \ \ \ ~~ I ,. ~ r \ '. . - , I . \ _! \ .--\- \ \. ~ ". \ 1" '. .. , , ,\ ~ -. \ \ , :t. ~ , I "i' ~ . \ \, "\' -.- ~ . Lt\J\ \.~~~i , . ,I ... _ " \-\~ i.\. " \\ I _t 1,\' \ .. \ \l . \.\ '"t'" ~'-~\~-- -, \ \ ~ \ I '. \ ' ',os ,~q , \ '\. ~ \\ \, \ , \ - . \ \. \\ I \' - ~~~.,~~.~ '.. \ \ C~.I7' , I I I \ I I , I \ , , \ , 1 ~ I 1_ \ ~ , 1 \ ~ I , 'I ' \, \ '\ -' ~ , ~ 'I . fn ta' ,Ji .') bfi i rlj ~. ~i . 'I . ~, ~& .. '" ~ If=t ~.. ~ . r Lot t'f't~: ~ \. .... " ~ ~ -~ ~ ~ - 'b ~ !f ~ '\ ~ ~. ~ ~ r ,.:' ~ ~ ~~ E ~i' ... .. ~~~ ~ ~~~ ~ ~ ~ ~ ~ I-~~ ~ ~~ ~ ~~ ~. " ~ .~ t ~ ~ ~ ~ ..... , '. .\', NP. tNJo \-, . . .....A"'""_.",. ~ ~ ~ ..... bil ..... ..; ~ \ , Iii .Ii fl. 1'1 .fl Hf.1 ~ ~ ;C!~. r' ~ 'ftJ!. .... .. .. .,~.... ~ . L :, ., ~, L /.d ... ; . r"\ ~, .. ~,. No. ---J1'19~ UCENSE AGREEMENT THIS UCENSE AGREEMENT. made this,.iL day 01 4lv' . 19....2.Q.., between the . LI.s WeST (1mJ1JIJIlICATIOV::, a quasi-municipal corporation of the State 01 Colorado within the County of Pitkin (hereinafter referred to as "District") and Alexandra Sadron & Ch"rlottf> Fox (hereinafter referred to as "Licensee" (whether grammatically singular or pluraQ, RECITALS 1. The term "Ucensee" shall Include employees. agents. and contractors 01 Licensee. 2. The term "property" as used herein refers to real property and includes easements, rights-of-way, and other District interests in land and may sometimes be referred to herein as "District property, " IN CONSIDERATION of these premises and the premises setlorth hereinbelow, the District, without warranting title or interest. and subject to the terms and conditions hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to utilize: The existing (10) foot ,utility easement, the centerline of which is located approximately seventy-one (71) feet south of the northern property boundary of lot 14, Pitkin Mesa Subdivision, Pitkin County, Colorado, the easement is shown on Exhibit "A" approximately bisecting lot 14. at the location described in Exhibit "A," aUached hereto and made a part hereof by reference. TERMS AND CONDITIONS 1. Ucensee shall notify the District at least three (3) days priOr to commencement of the construction 01 or modifications or repairs to Licensee's installation so that the District may make such Inspections as It deems necessary. In the event of emergency repairs required for safety or restoration of service to customers, Licensee shall not be required to furnish notice prior to said repairs but shall notify the, District of the nature and extent of any such emergency work. 2. District reserves the right to make full use of the property involved as may be necessary or convenient. and the District retains all rights 01 access to the premises. as well as all rights to operate. maintain, Install, repair. remove, or relocate any of its facilities located within the property at any time and in such a manner as It deems necessary or convenient. In the event Licensee's Installations should Interfere with the District's use or operation of Its property; at any time hereafter. the Licensee shall, upon request by the District and at licensee's sole expense: immediately relocate, rearrange, or remove its Installation so as not to interfere with any such District use. 3. Licensee shall complete any and all of its work upon the premises within ~~~licable days from the date of commencement of such construction. 4. All trenches and excavations within District property shall be backfilled In a manner acceptable to the District. the plans and specifications for which backfilling shall be provided to the District three (3) days prior to commencement of construction. 5. licensee shalt not be permitted, nor will It permit. discharge of water onto the District property. 6. At no time shall Licensee Interfere with District facilities, and Licensee shall assume all risks Incident to the presence of District facilities. . 1"'--~"n_"_.>_~~-"--_.- --- ;~ -.. ,,-. , 7. Licensee will use all reasonable means to prevent any loss or damage to the District or to others resulting from the construction. modification. replacement. repair, operation. and maintenance of Licensee's installation. 1-lf. during construction, modification, replacement. repair. operation. and maintenance of Licensee's installatioR. the District determines that Gamage has occurred to its facilities, Licensee will, upon written notice thereof, repair or replace such damage. it Licensee's expense. Any repair or replacement of any of the District's installations on its property made necessary because of the construction, modification. operation. maintenance, repair, or replacement of Licensee's Instanation shall be made at the sole expense of the Licensee. Licensee shall not be responsible for damages resulting frorn force majeure. 8. Licensee shan Indemnify and save harml""" ;:>e District, its officers. employees, and agents. against any and all ctaims, damages, actions. or causes of action and expense to which It, or they, may be subjected by reason of Licensee's installation being located within and across District property. or by reason of any work done or omission or negligence made by Licensee, its agents or employees, In connection with the construction, operation, modification. replacement, maintenance. repair. or removal of Licensee's installation. If the construction of all or any part of Licensee's Installation is to be performed by an independent contractor under contract with the Licensee. the Licensee shall so notify the District and shall incorporate the terms and conditions of this License into the contract specifications. 9. All work authorized by this License shall be performed by the Licensee at no expense to the District, and Licensee shall own and maintain its installation thereafter. 10. The rights and privileges granted in this License are subject to prior agreements, easements, and conveyances, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of any rights, uses, or installations conflicting with the Licensee's use of the District property .and to resolve any such conflicts. 11. If Licensee does not use the right herein granted on its installation for a period of one (1) year, or if at any time Licensee shall fail or refuse to comply with or carry out any of the conditions of this License. within ninety (90) days after receipt of written notice demanding compliance. the District may. at Its election, revoke the License by written notice to the Licensee. in person or by mail at the Licensee's last-known address. Upon termination of the License, the Licensee shall have thirty (30) days to remove its installation from the District property. In the event Licensee does not remove said installation within the time allowed, the District may remove said installation at Licensee's expense withoulliability to the District. 12. The rights granted Licensee hereunder may not be assigned without the written consent of the District. 13. The District may at any time, by giving Licensee ninety (90) days' prior written notice, terminate this License Agreement. 14. If the District at any time during the period of this License deems It necessary to excavate in the area of the crossing for which this License is granted, for construction. modification, replacement. repair. operation of. or maintenance of any of the District facilities. which work requires the moving of Licensee's facilities. costs of movement of the Licensee's facilities shall be borne by Licensee. 15. Special Conditions: This license is granted for the pnrpo"p of exoanding the deck which is attached to the re"iden~p located on lot 14 Pitkin Me"a ~lIhdivision, Pitkin County. CO. r 2 ..: ".'-: .: f..,.. ;', ~..., ~ . .. >>~ .: ..: ,- ~. -. _' ..~",.~. -..; '>. "'-" "':. ,', '-"'. -.:. ,,,:,~_, ".\ :, '..... ':,- i. ~'. ..: -'. ,.~.... ,'" ..,..:. .':.:.. i.' .'.... ~. .;' .,"'.' . .'~.'... .",:.~ ....:. ...... .. .... .,. ., < " - ., "- ~, '-', 18. FoIowlIlg ~llIon oIlhls Ucense Agreemenc, the 0islriQ ..nail cause this Agreement to be recorded wIh the PWlt Counly CIeItc and Recorder's 0lIice In Plkkl County, Colorado. IN WITNESS WHEREOF, this Instrument has been executed IS at the day.-ld year first above written. !J S WE'5r (bml11ltiHC.Q7700.5 By ~#b ~~ Jf'--ai'AJ UCENSEE: Attest: By D- \ 'V-i ~ v... k~ <s., ~~ I'M. By (/-L rUff.. ~q'-' Name Alexandra Sadron & Charlotte Fox TItleOwner, Lot 14. Pitkin Mesa Subdi visio ~TATE OF Colorado ) ) COUNTY OF Pi tkin ) ~The foregoing license Agreement has been acknowledged before me this 3 { _ . 1t/b..... by as at and by day at as at My commission expires \ L-q-ltf"fZ- ~~ Notary Public 6~ 3 1._.' .',>".'.'. ."--~_,__~__._,,._ !.~ ; ~ ~. '. '- , \ \ . .., .. ."- _-'__,_ _ .J ......,. Vt'.,.~.# '6.."-' . ~":'?' .....~~ A-,:In .. ._~-~~ -.-, . ----,-\"- \ \ \ '\ \ \ .--- --- ..' \ ,. , t . .... '" X tt:, H '" H f-i ~ ~ \. ..... , ~. i l:l Ii! ". ff; II. lC , IiI 1- r. ml ,. ;.II" ,: .'f If. "'di . i'l A ., , -.. ~ -t:p ',;', r (E ;11 'I Ui ; · · rlJ~1 ~I LJI !, "I f hI t '" I i !~! I ~ , II!, $I I' " , ,-, Ji I Ii ill I 'i ii u' r.. I !I Jf J, "I I' i .. .. :\ , \~,,:,N -n~ " }I ""~._.- ......!'J!... '~ l~. ',' r--l \\ . '----,,, II' ~ \\ 0 t~\ d ~. \ l ~i.Il" :-i--~<!!~""~'.Hf ....",""': 4- ...<~. . " ~" \ ~ \ YO" h--\ , .. r \ \ \. '~" -~:eo~- ~~u .~~!\\:~':t ~ _ 1 \ "- .~ ~ ~ '. I \..I. ~ . .~, \,. \. ~ iii , . \ ~.t~ ~, \ I ,'\ ':- '" . I ~.-l.>.,....."-.,,. ~ j t ~ I~ .. IIW'.";" -' .....;..... o!"O~~.'.. ._. :-- _" ~:...r .. ~ ~ ... .,~, !" ~- TI\l~ \ ~ ~ \ \\-.. \~ , "~ \. \, .. I II!!, :.~ l '\ \ ,i\ I . . ".~.~." ~:;" f1\'~': r" . I \ \ ' ,,', " \' \~--- ~ ~\. \ \ \ \ ~\ "~_" II' \', t. . ......." l ' . '. ,,'::- \ I . I ......,~N._ ~D' 6t:J. 'l \ --"-"",,,. ... \ I ,.- ..;;- '''1 'Ii' \ I ' ~ ~.. :.'\ \" \ ,', ..~ " \ ',\ "~ \ ~ ..... ..\ '.\~ I ~ \ ~ i.. ~,~\ '- ~ IX'. "I ~ \ .".". \ \\', \ \ \ 1 '. \" ir.. ~ ~'N_~'~:!'O_~y-'_\~~ \~~.\ ..~\l \ ~\\ \: \ \ \_ \~~ \ t:\\\ ~ .~ \ I ,\, 1 ,\\ ~ ~ I \\ \ '. \ \ \ \".... \ \ \\ I I \' ~~~e-. .o!P~.-!:!~ \ \ \ ('.:(',.," \ I I \ I I , I \ I \ \ \ 1 \ \ \ ... .. t... " ,-'h ~ . t q' , t: .. 1.;- ~~:~: .:; , I ~\ I , 1 I I I - \ I 1 1 , I .tIN" , ~". j n illlll~IJi E !-.- f ~~ ~Iili IB'; . J NII~il!. ,.,1 tlr,!.i~~1 '. 'I J'fi,.a OJ ~; iHI~ I ~\ililii:ii:l . Ir_ J'jU!!h;! ~ I l "f" C ' ; ! J, k:r'm ' ! I!fl : III ~ :ilf!i~,il '/ ttlfiflf'~ , l~ibl~i:i' ~ . ,. iif f;. 'f" . - I-i ,'~~!i ~ . ;:a ~: ... I~ '" .S : il . ~f r' ~ ,~ ~.~ ~ il' ~ ~ ~ ~ ~,~ ~ ~~ E ~ ~ ~ .. . ~ '" h. ~~ ~ ~ ~~~ts IS ~ ~ ~ ~~~ '" ~,~ ~ :v t). ., ~~ ~ , .~ ! ~ ~ ~ ~ .... . H ~ ~ 'j ~, ,'-' No. 6-90 UCENSE AGReEMENT . THIS UCENSE AGREEMENT, made thiS.1.2.. day of June. 19-20.... between the ASPEN CONSOUDATED SANITATION DISTRICT. a quasi-municipal corporation of the State of Colorado wnhln the County of pnkln (hereinafter referred to as "District'1 and Alexandra Sad ron & C h" r lot t e Fox (hereinafter referred to as "Licensee" (whether grammatically singular or pluraQ. RECITALS 1. The term "Ucensee" shall include employees, agents. and contractors of Licensee. 2. The term "property" as used herein refers to real property and includes easements, rights-of-way. and other District interests In land and may sometimes be referred to herein as "District property." IN CONSIDERATION of these premises and the premises set forth hereinbelow, the District, wnhout warranting tnie or Interest. and subject to the terms and condnions hereinafter set forth, does hereby authorize the Ucensee. its successors and assigns, to utilize: The existing (10) foot sewer easement, the centerline of which is located approximately seventy-one (71) feet south of the northern property boundary of lot 14, Pitkin Mesa Subdivision, Pitkin County, Colorado, the easement is shown on Exhibit "An approximately bisecting lot 14. at the location described in Exhibn "A." attached hereto and made a part hereof by reference. TERMS AND CONDITIONS 1. Ucensee shall notify the District at leaSt three (3) days prior to commencement of the construction of or modiflC8llons or repairs to Ucensee's installation so that the, District may make such inspections as n deems necessary. In the event of emergency repairs required for safety or restoration of service to customers. Ucensee shall not be required to furnish notice prior to said repairs but shall notify the District of the nature and extent of any such emergenCy work. 2. District reserves the right to make full use of the property involved, as may be necessary or convenient. and the District retains all rights of access to the premises. as well as all rights to operate, maintain. Install. repair. remove. or relocate any of ns facilnles located wnhin the property at any time and In such a manner as it deems necessary or convenient. In the event Licensee's installations should Interfere with the Distrlct's use or operation of ns property. at any time hereafter. the Ucensee shall. upon request by the District and at Ucensee's sole expense. immediately relocate. rearrange, or remove its Installation so as not to Interfere with any such District use. 3. Licensee shall complete any and all of its work upon the premises wnhin R~~licable days from the date of commencement of such construction. 4. All trenches and excavations within District property shail be backfilled In a manner acceptable to the District. the plans and specifications for which backfilling shall be provided to the District three (3) days prior to commencement of construction. 5. Ucensee shall not be permitted. nor will n permit. discharge of water onto the District property. 6. At no time shall Ucensee Interfere wnh District facilities, and Licensee shall assume all risks Incident to the presence of District facillties. ./ ~/.- l 1'""", .-- 7. Licensee will use all reasonable means to prevent any loss or damege to the Dlstrlct or to others resulting from the construction, modification. replacement, repair, operation, and maintenance of Licensee's Installation. If, during construction. modif'lClltion, replacement. repair, operation: and maintenance of Llc:ens6e's installation, the District determines that damage has occurred to its facilities, Licensee wll~ upon written notice thereof, repair or replace such damage, it Licensee's expense. Any repair or replacement of any of the District's installations on its property made necesswy because of the construction. modif'lC8tion. operation. maintenance. repair. or replacement of Licensee's Installation shall be made at the sole expense of the Licensee. Licensee shall not be responsible for damages resulting from force majeure. 8. Licensee shaD indemnify and save harmless the District, its offICers. employees, and agents, against any and all claims. damages, actions. or causes of action and expense to which It, or they, may be subjected by reason of Licensee's Installation being located within and across District property, or by reason of any work done or omission or negligence made by Licensee, its agents or employees, in connection with the construction. operation, modification, replacement, maintenance, repair. or removal of Licensee's installation. If the construction of all or any part of Licensee's Installation is to be perlormed by an independent contractor under contract with the Licensee, the Licensee shall so notify the District and shall Incorporate the terms and conditions of this License into the contract specifications. 9. All work authorized by this License shall be perlormed by the Licensee at no expense to the District, and Licensee shall own and maintain its Installation thereafter. 10. The rights and privileges granted in this License are subject to prior agreements, easements, and conveyances. recorded or unrecorded. and it shall be the Licensee's sole responsibility to determine the existence of any rights, uses, or Installations conflicting with the Licensee's use of the District property and to resolve any such conflicts. 11. If Licensee does not use the right herein granted on its Installation for a period of one (1) year, or if ~ any time Licensee shall fail or refuse to comply with or cany out any of the conditions of this License, within ninety (90) days after receipt of written notice demanding compliance, the District may, at its election. revoke the License by written notice to the Licensee, In person or by mail at the Licensee's last-known address. Upon termination of the License, the Licensee shall have thirty (30) days to remove its Installation from the District property. In the event Licensee does not remove said instaUation within the time allowed, the District may remove said installation at Licensee's expense without liability to the District. 12. The rights granted Licensee hereunder may not be essigned without the written consent of the District. 13. The District may at any time, by giving Licensee ninety (90) days' prior written notice, terminate this License Agreement 14. If the District at any time during the period of this License deems It necessary to excavate in the area of the crossing for which this License is granted. for construction, modification, replacement, repair, operation of, or maintenance of any of the District facilities. which work requires the moving of Licensee's facmtles, costs of movement of the Licensee's facilities shall be borne by Licensee. 15. Special Conditions: This license is !!ranted for the pUTI'M" of eXDanding the deck which is attached to th" r,,~iden~e located on lor 14 Pitkin M"~,, i;lIhdivision, Pitkin County. CO. I I I i .j I : I , 2 I ~,,/' .. .../ ..... / ,-" ,-" 16. Following execution of this Ucense Agreement, the DIsIrict shan cause this Agreement to be recorded with the Pitkin County Clerk and Recordefs OffIce in Pitkin County, Colorado. IN WITNESS WHEREOF, this instrument has been executed as of the day and . year first above written. Allest: STATE OF Colorado COUNTY OF Pitkin ASPEN CONSOLIDATED SANITATION DISTRICT By L~ ^'e.-n...........~ UCENSEE: :: ~~~ ~t>-~'(",-,- Name Alexandra Sadron & r.h"rlnttP Fox Trtle Owner, Lot 14, Pitkin Mesa Subdivision ) ) ) ("j The foregoing License Agree~ent has been ac~noWledged before me this -;" '" h:' day of T'-" .19~,by :=:L~~ a.s~ "'7 . of /3 . /' -<< ~,,,iL--..' / and by (2~~~?d?<'2:.-- ~,/-""-',./ as'C;::"''''''''o4-'' of My commission expires C)~-"....&7f' /&, /7'9:;r ~N~A?u.J ./lZ~/~, 3 ~\ ~, \ ' \"", \1"'1(.. _. _..u ..___.., "_, \' \ .. \ 1; q . ,'. '\ .. ~\ ""__'w ,....!'~.. .\~~: \ ~ \~ f.. \'t, ,0.. \\~~ \ \\ 0 ~~ i ~ \ l iil\-' ,2,--_-1<A!~~.__t -"'''P.-': ~ SOAN!" '- ~, \ ~ . '\ Y Oi ' \ ~ '. \ "r \ \ \ !~.. -~:~-- ~OU' ~~r\'\~~\ ~ . 1 ~ .... ~ :: '.~ \ \~l ~ , .. . I ~{' ~;, \ . \,\ ~ ':.. I \. ... , < ,V";UV", L_...J' "I' _ tI'tI,,}r,.. _.... ,. ~m~. _..: -'" ~!"". ..,. " I . ". ~ -l1t f "= \ , . . . . r i- n. \, \ ~ . I c.. \ 1r J ~ , > I 'I \: ~ ,~" .' t , "~ "'''., .- I\~ .~. . \ "- " . \ 1 I i\ I . '.. ..-tA",,*"~''''f' ~.~. 'r-t\.M.,~. \ '\ " .1'. ~ <t ,'... \ \........... q.\ \ \ \ \ ~~ \~, \ \ \ \ .\...'\ "".' , ~ \. \ \ '. \" t 1 . .....,'tIkf"*'~_~'2'!..~._. \ \ 1 \_ ,\ \ \ ' ,. ... ."., ,\ I' ., :. ~... : '. \ . \ 1 , ~ ~ ....\ \ ~ \ \ t ~ \ ~ . ,~\\~ I ~\ ~i.. ~,. ~\ \~\\\, \ \'\1\" .:~':~ \. .. \ \:\ ~ ' "'0:, .'". .. ;e<>:e>.:<!:.3l?...-#..:- .\ J \ I. .. \.~ '~ '\' \ .\ \ , ' \ i.. \\ .. \,\ I~'\~~\ ..'\" '. \\ .\\ : \l\ I ~\"'\\ ~ . ,~\ ' l\ \ I '>. " 'I \\\\ \ \ \. '"\ I., ~~'!!!:~.~..!~~ \\ \ \ , \ \ j ~.eI(~' \ , \ \ I \ 1 \ I \ \ \ \ \ \ - \ \. \ , I \ \ ~ \ ,\ \ I \ ,\ \ \ \ .-. \ , _I~ In .i~ fi= fl~ ,." Iii I E i,l' . ~!r i" ,Ui ;: ;4 ,U. I' f' If. f1:; . II (!), . ";-., .J.. ,."'- :::"or,...,:.~ . .'-- _.....~,~..-,,-. .~_.,.. ~- .. ~ , . i I ~ II . , -. .' :.... , \. ... ... I ! z "' ". .. 0 Z ,% ," .f" ',. I" J' .. ,. :~ 'Ill :II .. 0 z I 0 c '. :II " '. ~ ~ ,. :x: ..... \:Xl ..... ..., ~ .. . ~ . , ., . ~I I r"-, \ \ .. ". ' .', -_ ----_._ J ....,..~N~' ...~ . . )~. ""- ,,,.. . "-'c' '--- ---1 '-f \ \ . \ \ \ \ ....--.- ,\ \ 1"""\1" , ~J : ~~ 1~! ,~ )1 {,J I h'l . ii, I It I I' 'I if .. Il~'d= 'flU I I "II ' J~ S. if !' ,2 ff .J f .. \ \ - a ~ ~ , ~ ,,~ r. F ~ . r .. f ~.. . ,., ~ '. ~ , \' b I ~\ ~\ 'a..i.ho~ ....:.... ..................... I. Immi-t II ":mall' J ~Jdftl! . " IJ'HJI~! I : 1J:iJil: , fl!l.fii1i:iij I Iii f,-I I' !lJP-'" il I Ill' I'" H!li',;;Jff! ~ ,- I ,= i 't' ql'il!J'!! , l~i!jlf"d ul " ii, Ii J.,,,. ~;' In , -~~fi ~ . ;c ~~ ,,' If , 'I J . !f ilL ~ ~ ~ ~ ~ ~ :lJ ... --.: !f ~ " ~' '" !.) ~ , ~~~ ~ ~ ~ .. . ~~~ ~~~ " ~ ~ ~~~ ~~ ~v ~. ~::i ~ ~ t2 ~ ~. " ~ ,~ ~ ~ ,~ ~ ~ ..... l! ~l . " ,-.", ,-., .. NO'--8.-90 and Alexandra Sadron & Charlotte Fox (hereinafter referred to as "Licensee" (wbether grammatically singular or plural). RECITALS 1. The term "Licensee" shall include employees, agents, and contractors of Licensee. 2. The term "property" as used herein refers to real property and includes easements, rights-of-way, and other City interests in land and may sometimes be referred to herein as City property." IN CONSIDERATION of these premises and the premises set forth hereinbelow, the City,' without warrantillg" title or interests," and subject to the terms and conditions hereinafter s;et forth, does hereby authorize the Licensee, its successors and assigns, to utilize: The existing (10) foot utility easement, the centerline of which is; located approximately seventy-one (71) feet South of the Northern property boundary of lot 14, Pitkin Mesa Subdivision, Pitkin County, Colorado, the easement is shown on exhibit "A" approximately bisecting lot 14. at the location discribed in exhibit "A," attached hereto and :made a part hereof by reference. TERMS AND CONDITIONS {I""'\ ~ 1. Licensee shall notify the City at least three (3) days prior to commencement of the construction of or modifications or repairs to Licensee's installation so that the City may make such inspeotions as it deems necessary. In the event of emergency repairs required for safety or restoration of service to customers, Lioensee shall not be required to furnish notioe prior to said repairs but shall notify the City of the nature and extent of any such emergency work. 2. City reserves the right to make full use of the property involved as may be necessary or convenient, and the City retains all rights of acoess to the premises, as well as all rights to operate, maintain, install, repair, remove, or relocate any of its faoilities located within the property at any time and in such a manner as it deeIllS necessary or convenient. In the event Licensee's installations should interfere with the City use or operation of its property, at . any time hereafter, the Licensee shall, upon request by the City and at Licensee's sole expense, immediately relocate, rearrange, or remove its installation so as not to interfere with any such City use, 3. Licensee shall complete any and all of its work upon the premises wi thin not applicable days from the date of commencement of such construction. 4. All trenches and excavations within City property shall be backfilled in a manner acceptable to the City, the plans and specifications for which backfilling shall be provided to the City three (3) days prior to commencement of construction: 5. Licensee shall not be permitted, nor will it permit, discharge of water onto the City property. 6. At no time shall Licensee interfere with City facilities, and Licensee shall assume all risks incident to the presence of City facilities. 7. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from the construction, modification, replacement, repair, operation, and maintenance of Licensee's installation, If, during construction, modification, replacement, repair, operation, and maintenance of Licensee.'s. installation, the City determines that damage has occurred to its facilities~ Licensee will, upon written notice or replace such damage, it Licensee's expense. Any repair or replacement of any of the City's installations on its property made necessary because of the construction, modification, operation, maintenance, repair, or replacement of Licensee's installation shall be made at the sole expense of the Licensee. Licensee shall not be responsible for damages resulting from force majeure. 8. Licensee shall indemnify and save harmless the City, its .... ' or-, ,-" pttiQena, employees, and agents, against any and all,claims, damages, actions, or causes of action and expense" to which it, or they, may be subjected by reason of Licensee's installation being located within and across City property, or by reason of any work done or omission or negligence made by Licensee, its agents or employees, in connection with the cOnstruction, operation, modification, replacement, maintenance, repair, or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be performed by an- independent ccmtractor under contract with the LiCensee, the Licensee shall so notify the City and shall incorporate the terms and conditions of this License into the contract ,specifications. 9. All work authorized by this License shall be performed by the Licensee at no expense to the City, and Licensee shall own and maintain its installation thereafter. 10. The rights and privileges granted in this License are subject to prior agreements, easements, and conveyances, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of any rights, uses, or installations conflicting with the Licensee's use of the City property and to resolve any such conflicts. 11. If Licensee does not use the right ,herein granted on its installation for a period of one (1) year, or if at any time Licensee shall fail or refuse to comply with or carry out any of the conditions of this license, within ninety (90) days after receipt of written notice demanding compliance, the City may, at its election, revoke the License by written notice to the Licensee, in person or by mail at the Licensee's last know address. Upon termination of the License,the Licensee shall have thirty (30) days to remove its installation from the City property. In the event Licensee does not remove said installation wi thin. the, time allowed, the City may remove said installation at Licensee's expense without liability to the City. 12. The rights granted Licensee hereunder may not be assigned without the written consent of the City. 13. The City may at any time, by giving Licensee ninety (90) days' prior written notice, terminate this LICENSE AGREEMENT. 14. If the City at any time during the period of this Licensed deems it necessary to excavate in the area of the crossing for which this License is granted for construction, modification, replacement, repair, operation of, or maintenance of any of the City facilities, which work requires the moving of Licensee's facilities, "costs of movement of the Licensee's facilities shall be borne by the Licensee, 15. purpose of located on Special conditions: 'This License is granted for the expanding the deck which is attached to the residence lot 14 for Pitkin Kesa Subdivision, Pitkin County, Co. ~ ,~ . 16, Following execution of this License Agreement, the Licensee shall cause this Agreement to be recorded with the Pitkin County Clerk and Recorder's Office in Pitkin County, Colorado with a copy provided to the City. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. THE CITY OF_~S~~ ~ Stirling ~~~ LICENSEE: ATTEST: By C3.-\ Q "l D. \... ~~~~l>> CAA (A,<~rSFr Name Alpy~r1r:::1 ~r1rl"'ln -r-- 01ar lotte Fox Ti t le CMner, Lot 14, Pitkin M9sa Subdivision STATE OF ~L$v>-<\-<l> COUNTY OF --ri.-r-c( ~ before me as and by of The foregoing this 'D day License Agreement h~~ been acknowledged of -Au"....:\.- 1990, by .M;,.~^.. 4 ~ \. ,~( \ .~ '. \ as Ny commission expires Not ~~"1\:~~ . '~:,".{>.;;;~':y .". " """";;;"i-i"':t'n:<:"""''''''''"'j;'':i ,~,,:1!4<tf.~t:Jf'f~;,;:,?'''::: ., ._.' ..Or' .."".~~t...~i"...:...,.,~,,,".~:,o.o"\I'.".' '_,\;".. .~,j. .~,.,.."!~,,," ~'~~~)j~t3;.',j::~;hj:~:f:L' ..,,~. "'.',-.:' ~~~~*~. "~ 1,",,-,," "..,.,. . . .. ~" e.r~"~:F<!:::.f'~ ~ 0"1" -:;oo~o"~~:"."'':'''''.''''''I..'':''--_' '.,.~,' '.," '. . ~~'-i?)'.~~.'~:"~\"~';.;:.r~;" W1"D'1f::>.":1 Hr t1'MJ iN> GlTII::Vt::x:.oL. : KrccX'!I:>'JQl oa~;+.:: ~:t''';~(<;~::~4,~;~~__ ,_ ~ ' . 1:"";.1fi-;,..~~~~-, ....' ." 11: cr ~l~ "fI"Y oc, f'i.T1<Jk J/) '"".;,;,. , !"OIiIX-a- ~ ~.......~ ~~~~~.~, ~~~&!J~. ~ ~~~'. ~A._" :;.,. :;'." BC~I~UPV, LOT 15 '.ii'.;,: ;,.;,~. ,....: , ,',' '."" ..,",",';,".,'~,."-.'~..,.,.','..,,.: ,'". """~""''". -..~ - ... .... ~._., ;.,~. :,',~:~i;;,'::r' ,F.;;.,,~,;:;o;:<:,"'''-"':'1'' ".~" "'~OC", ,'. , ~ . \' GC;:' .. -0.. .... ~'.' , . '", >o:,~::.';;'~':~ -:', "< '" u "'" 'E. \.I l- ~ <J ~ 'G ~"" ~::: .~i~t~:<; /2/.(!JS _, _ _ ''',.', :,O:JI.:-a':'d~o~i:-:/;j,~);id~~ ;' -- --. .- -,.. -- -..- 1'tt5r rs 1.J(I. """"a~ '" .."...:' LOrD EXHIBIT "A"