HomeMy WebLinkAboutlanduse case.AP.1175 Cemetery Ln.A10-923,-°` L,% SADRON INSUBSTANTIAL PLAT AMEND.
�- 2735-013-17-001 A10-92
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
City
00113
-63250-134
GMP/CONCEPTUAL
-63270-136
GMP/FINAL
-63280-137
SUB/CONCEPTUAL
-63300-139
SUB/FINAL
-63310-140
ALL 2-STEP APPLICATIONS
-63320-141
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING
SUBTOTAL
County
00113
-63160-126
GMP/GENERAL
-63170-127
GMP/DETAILED
-63180-128
GMP/FINAL
-63190-129
SUB/GENERAL
-63200-130
SUB/DETAILED
-63210-131
SUB/FINAL
-63220-132
ALL 2-STEP APPLICATIONS
-63230-133
ALL 1-STEP APPLICATIONS
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE
SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
TOTAL,
Name: A e
XC) I'1J �n ��C Phone:
Address: �C�
' �` .c, 1 �S
1U Project:
Check # 1 "_�
Date: I
Copies received:
# of Hours:
•
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 2/12/92 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-013-17-001 A10-92
STAFF MEMBER:- KJ
PROJECT NAME: Sadron Insubstantial Plat Amendment\ ( A"", � �L 1 f i
Project Address: Lot 14, Red Butte Condominiums
Legal Address: Sec 1, Township 10 South, Range 85 West
APPLICANT: Alexandra Sadron
Applicant Address: P.O. Box 7814, Aspen, CO 81612 925-5107
REPRESENTATIVE: Self
Representative Address/Phone:
Aspen, CO 81611
--------------------------------------------------------------
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PAID:(YES) NO AMOUNT: $113 NO. OF COPIES RECEIVED 1/1
TYPE OF APPLICATION: 1
STEP:
2
STEP:
P&Z Meeting Date
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
CC Meeting Date
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
Planning Director Approval:-� Paid:
Insubstantial Amendment.. -or Exemption: Date:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Aspen Con.S.D.
Mtn Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
`0,XAbkn")Ik1 _
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
Other
DATE REFERRED : ,--2' ,2/// ) INITIALS:
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FINAL ROUTING: DATE ROUTED: INITIAL
City Atty
Housing
City Engineer Zoning Env. Health
Other:
FILE
STATUS
AND LOCATION:
vaa^` '� ok caws"
�r�M 6v( nib �1
CITY OF ASPEN 1
POAPPLICATION CONFERENCE SLY
PROJECT:
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE: S D
OWNER'S NAME:
SUMMARY
1. Type of Application:JLA!yj-1
2. Describe action/type of development being requested:
F
wylk,
1
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
4. Review is: (P&Z Only) (CC Only) (P&Z then to CC) �G�L
5. Public Hearing: (YES) NO
6. Number of copies of the application to be submitted: Z
00
7. What fee was applicant requested to submit:
8. Anticipated date of submission: /',G /
9. CENTS/UNIQUE CONCERNS. Ste+ �r car
r.. _ L
frm.pre_app
r
ATiACHMENr 1
01AND USE APPLI=CW FIC104
Project Name - h {�I a #- 4
2) Project Location ( C 1 T i �1 l �'1 / J �i t t �Cl I Le , -C i DL_)
I (.l:Y►. e e ,,V G L 1 is rUG C� �tr I
(indicate strut , lot & block runber, legal description ire
3) Pry -mot Za[un3 d `•-- - r, - 4) Iat Size
5) Applicant's Name, Address & Pt]oCle'/v�c
6) Pw=esartativels Name, Address & Phone
7) Type of Applicatial (please check all that apply):
Cbnditienal Use Qanoeptua1. SPA. Qocicept ual Historic Dev.
Special Review Final SPA Final Historic Dev.
8040 Greenl.ine Cbnoeptaial Pap Minor Historic Dev.
Streams margin Final PaD Historic Dem4litien
Mountain View Plane Subdivision ` -- � a� Historic Designation
av
Omit i zation F C _�f
�� �Am�munt CK�S Allotment
Iot Split,/Lot Tine GMUS ExenUtion Vested Rights
Adjustment
8)
9)
Descr4:)tacn of EKLsting Uses (nunber and type of existug stnicbL�; A
•. f t ramber of • • • • u sprevious approvals granted to the property)
u
Description of Development Application
4,el
�eHave you.• e
Reqxnse to Attadmientn m Submission 0antents
�.e.-�••:nse to Attachment•a •n •: Contents
ReqxrIse to AttadmentReview Standardsfor • 1 • • Vi •:
,404ffr►tEQT 'g "
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: City Engineer
FROM: Kim Johnson, Planning Office
RE: SADRON INSUBSTANTIAL PLAT AMENDMENT
Parcel ID No. 2735-013-17-001
DATE: February 21, 1992
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.
0190
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 easement has 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;
lmited 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.
Sincerely,
Alexandra Sadron & Charlotte Fox
�. deb
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canyon cable tv
*Aaljowr ~G of
' 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 to as "District") and Alexandra Sadron and
Charlotte Fox (hereinafter referred to as "Licensee"
(whether grammatically singular or plural),
RECITALS
1.
The
term "Licensee" shall
include employees, agent 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, 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 "Air approximately bisecting lot 14.
Division Of United Artists Cablesysterns Corp.
201 Aspen Airport Business Center
Aspen, Colorado • 81611 • 303/925-4094
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EXHIBIT "A"
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A&LAIMER OF INTEREST IN LAS
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.
ATTEST:
Assistant Secretary
STATE OF COLORADO
SS.
COUNTY OF JEFFERSON
ROCKY MOUNTI�N NATURAL GAS
DIVISION P,F X--4,4 ENERGY, INC.
On this day of August, 1990, before me a notary
p blic, 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 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 Public �T
12055 West Second Place
Lakewood, CO. 80228
My Commission expires:
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MEMORANDUM
TO: Diane Moore, Planning Director
FROM: Kim Johnson, Planning Office
RE: Little Butte Duplex Condominium - Insubstantial Plat
Amendment
DATE: April 20, 1992
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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
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.
Dia Moore, Planning Director Date
ATTACHMENTS: "A" - Proposed plat amendment
"B" - Engineering Referral Memo
"C" - Agreements with Utilities Regarding Abandonment
jtkvj/sadron.dirmem
2
• r
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
corporate seal to be hereunto affixed, attested by its Secretary, on this
% d-� day of Sf- , 1990.
OW
HOLY CROSS ELECTRIC ASSOCIATION, INC.
By:
Pres'
ATTEST:
By: _ 2.v tea_
Se retary
STATE OF (!o/OQ,,9cJo
ss.
COUNTY OF �i91 �ic'� )
The foregoing instrument was acknowledged before me this _ day
of c�y�_�-' , 19 0 �, by DAVE SAGE, as President, and by
GEORGE W.. LOESCH as Secretary, of HOLY CROSS ELECTRIC ASSOCIATION, INC., a
Colorado corporation. /"7 %
W1TN2SS -ny hand and official seal:
My comlission expires:
N tary Public
L
Address : O,. 3�e�/SO
A:\Ballinger\Pitkin.rel
P/TIC'/N /f,-5.I q66OA91 IS/ON, AAA WDEp PLA T
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No.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made this 3/ day of . 19_3Q , between the
U .5 /NE5 T a quasi -municipal corporation of the State of
Colorado within the County of Pitkin (hereinafter referred to as "District") and Alexandra
Sad ron & Charlotte Fox (hereinafter referred to as "Licensee" (whether
grammatically singular or pluraQ,
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 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 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" attached hereto and made a part hereof by reference.
TERMS AND CONDITIONS
1. Licensee shall notify the District at least three (3) days prior to commencement of the
construction of 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 of 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 applicable
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. Ucensee shall. not be permitted, nor will It permit, discharge of water onto the District
property.
S. At no time shall Licensee Interfere with District facilities, and Licensee shall assume all
risks incident to the presence of District facilities.
r
•
7
Licensee will use all reasonable means to prevent any loss o�amage to the District
or to others resulting from the construction, modification, replacement, repair, operation, and
maintenance of Licensee's installation. Y If, during construction, modification, replacement, repair,
operation, and maintenance of Licensee's installation, the District determines that aamage 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
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 ha. ;i�_.:.:.::e 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 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
without liability 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 purpose of expanding
the deck which is attached to the residence located on lot 14 Firkin Mesa sithdivision,
Pitkin Countv. CO.
2
• d this license Agreement, the Dist cause this Agreement
18. Foim*V r tecutbn gr
to be recorded with the Pitkin Carty Clerk and Recorder's Office in Pkkin County, Cobrada
IN WITNESS WHEREOF, this instrument has been executed as of the day and
year rest above written
U _5 /L S i LG m vi on i C A TIOUS
i
LICENSEE:
By
8 / <-�-
Namej�� Sadron & Charlotte Fox
TRIeOwner, Lot 14, Pitkin Mesa Subdivisior
STATE OF Colorado )
COUNTY OF Pitkin )
The foregoing License Agreement has been acknowledged before me this ! day of
1 92L, by as '
of and by
as Of
My commission expires
k�— cl—IqIZ--
Notary Public
3
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.— , .,o-
No. 6-90
LICENSE AGREEMENT
1.
THIS LICENSE AGREEMENT, made this 25 day of ,Tune , 19go, between the
ASPEN CONSOUDATED SANITATION DISTRICT, a quasi -municipal corporation of the State of
Colorado within the County of Pitkin (hereinafter referred to as "District") and Alexandra
Sadron & Charlotte Fox (hereinafter referred to as "Licensee" (whether
grammatically singular or plural),
RECITALS
1. The term "Licensee" shall include employees, agents, and contractors of Licensee.
2. The tern "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,
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
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 "A" approximately
bisecting lot 14.
at the location described in Exhibit "A," attached hereto and made a part hereof by reference.
TERMS AND CONDITIONS
1. Licensee shall notify the District at least three (3) days prior to commencement of the
construction of 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 of 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 aopplicable
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 shall 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.
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. If, during construction, modification, replacement, repair,
operation, and maintenance of Licensee's installation, the District determines that damage 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
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 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 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
without liability 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.
i
15. Special Conditions: This license is granted for the purpose of expanding
the deck which is attached to th s'rlanra located on lot 14 Pitkin Mesa Subdivision,
Pitkin County. Co.
2
•
•
16. Following execution of this License Agreement, the District shall cause this Agreement
to be recorded with the Pitkin County Clerk and Recorder's Office in Pitkin County, Colorado.
IN WITNESS WHEREOF, this instrument has been executed as of the day and
year first above written.
Attest:
STATE OF Colorado
COUNTY OF Pitkin
ASPEN CONSOLIDATED SANITATION
DISTRICT
By,,._._ ea
LICENSEE:
By
By c�
Name Alexandra Sadron'& Ch a r l a r r a Fox
Title Owner, Lot 14, Pitkin Mesa Subdivision
The foregoing License Agreement has been acknowledged before me this s 1-e - day of
19by �T� ��/ri ,� as /
of�-���.. —and by
as �.J�y� Of
My commission expires 4
Nota Public
K
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EXHIBIT "A"
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-LEY__ .... OUIRK I Orrvrwr u�� • r+.ris.+ ����- .. - - -' - -
•
No .--$=�4---
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made this /� day of Y, 1990,
between the City of Aspen a municipal corporation of the State of
Colorado within the County of Pitkin (hereinafter referred to as City)
and Alexandra Sadron & Charlotte Fox (hereinafter referred to as
"Licensee" (whether 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 warranting title or interests, 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 discribed in exhibit "A," attached hereto and made a
part hereof by reference.
TERMS AND CONDITIONS
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
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 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 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 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 within 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.
S. Licensee shall indemnify and save harmless the City, its
4
Affl-ere, 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 contractor 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 within 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. Special conditions: This License is granted for the
purpose of expanding the deck which is attached to the residence
located on lot 14 for Pitkin Mesa 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.
before
as
and by
of
THE CITY OF ASPEN
Mayor Williatt' L. Stirling
ATTEST:
STATE OF _ 6,_ > ko
COUNTY OF _
me
LICENSEE:
Name Aleyzgnrlra Baron --
Charlotte Fox
T i t 1 e Owner , Lot 14, Pitkin Mesa Subdivision
The foregoing License Agreement h s been acknowledged
this _—L___ day of Ik,,ry c�, 1990, by �e__i, LI
_ bf _
as -- —
Ny commission expires
Nota Pu —
MIX b -."J 1 TC:, �VA°�''--iG1•GL.v
..
'
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4 _.
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LOT 15
EXHIBIT "A"
ENDED PLAT
1771L�y OF ASPEN
Or-CLARATION 4 5TATEMENT OF PURR7-->l✓
CMKLOTTr- Fox e AIPaAt 9D 59DRON, DECLARANTS OF THE CbNibrIINIUNI
tXCL,A,W,,1i ION MR 1-1771-E WTTt< CC>h4I�tVINILNFJ .1`_,
IZECORI 0) IN P_ tt 3 ,Z AT PK ieo ,9s MII�
MAEt IDED 3N ECOK __ _ AT PACE _ Or TttE
RCCOIZT� OT' F(TK)N COUN-TY COLOR. M 1ND 3C_;N6
TnE Cr -TrIE LITTLE t3U-]`'
COhZOv!NIUM7 CITY (D' ASFEN PITKiN CC-NTY, COLCCKAr>
r1`R�FY �UPLISt1E5 -THn- --ND ANEHrTr FLAT or
THE _f T ALE t5U7 TE COr!(X)AIN0vn FOFZ `T -IC PPJRFt7"t�
"_'(.' 'I r 5^Il�) P-ECCIZ-DED r>EC.AR'," )ON.
CF'i1RLoTTE FCX AEXAND" 5Vl,0N
5-TATE OF" COLop ADJ) 5 5
COUN 7Y OF P 171KI N )
THE F0;ZEC-'01hC--7 OWNEFtt-) DECLAKAiION ,,k:^i(J STATCMENT
C PURF�DSE WA-2 ACKN L= FX�Ep ISEfL)RE ME
rt ti`> 4N ])Ay OF _ __�C� J(XpJ(X�Y -- —�.19W
,3V CFV.RLOTTr= FOX t ALEXANDRA S�DRON.
WITNES`� MY tIPJq[7 Cf PICIAL OffAL
AAY CC-�l tSILtN EXPIRE-5 =
mw�/ 0110
f=A5T 200.00
I� ar ze%rzl irg
CLERK j� RECORDER'S CffRTIFICATF_"
7I , sFroND /�gEh+nED F'Ln i Or LITTLE 3UT7E L 6 N"jtA IUM
kt) ACrEPTr-D �V FILING INThEC`EFICE CF THE
A,NC' Clr-I.-E(.CVNTY(r P,'INN, `>7A7E FCC{'#Fs r
ErGINEEK5 APP(ROV/AL
TH15 5EC-01-0 AMENDED PLAT a THE LJ17LE
BUII E QONDOMIN IUM5 15 /V'f'KOVFD by THE
CITY OF ASPEN DEPARTNENT OF EN9NEERIN&
R-115 DAY OF 1ll9I.
CFFY ENGINEEPZ
PLANNING DIRECTOK5 APPRJVAI
THIS SKOND AMFr�DED PLAT GF THE LITTLE
BUTTE GONPOt-11NIUM5 15 APPROVED DY
rHE CITY OF ASPEN DEPAR-FNENT OF
PLANNINC7 THIS PAY OF 19y1.
PLANNING DIRECTOR
4 '54^k N FLA--->TPC City
7;"WM13CR :-Lf_C�MF-
AND LAR1 MARKtP
WITNC`: CORNCR"
L = 059'�K 3c33000'
,oc�
--CA"JWG = FOUND `nHUMENTJ -- �C lhVVE�)T COP:
�01 A TO (POL ) WITNE55 COfl�NER ALONG COL It1ER Y
tiE_ OF LOL i4 EAST
r.','- - 5E ACC f' Wfv, ON TrE 5C.`UThWE`>T W,L�
ITT C3(JR7 i 10UP "IO o P.)O
�7E
TriET�) ;°�� ONE L!C11P ''i0MMENT') ON -Trli= 6ROLINo
bVHICr' XLINCATE TI-IL-JCkPCN Cr LOM 14 AH[3 15. IT I
TH1�) 3UWEYORn OPII'fON RAAT 7HE L�,AMON Cr LET 14
?t 10VvT d :`t-��ON ID 1 r? ON -Tfi1E" rf---�T VA i L,qY: L r-
,TH15 5ECOND AMENDED PLAT CF THE LITTLE E(JTTE
CONMNIINIUMS, CONSISTING OF SHEETS I AND 2
VVA5 PREF'AgED FOR THE SOLE f-UI-\PC5E Cf 4MENDIM6
THE GENERAL AND LIMITED COMMON ELEP IENTS A5
SHOWN HEREON, IN ALL OTHER RESPECTS THE ORIGINA
CONCbMINIUM, AS AMENDED, REMAINS IN FULL FOFCE
AND EFFECT.
4 5EE DCOK 627 AT P/'6ES 966 TH T�DLX I -I 984 FOR VARIOUS
A6REEMENT5 f\E6ARpING A UTILITY EASEMENT PReVIoUsLT-
5HOWN CN THE LITTLE f!)UTTE GDNG�)MINIUM PLAT A]\ID
NOW CONSIDERED To PE APANIXoNED
*5EE PLAT BOOK5 6 AT PA6E5 121- 123 AND 9 AT PAGE5
4-6 FOR 5URVEY INFORMAMON.
SECOND AMENDED PLAT VM
LITTLE BUTTE CONDOR IUM-S
.0
FLOOR PLAN
SECOND F<<0,0[
5CALE I" - 4'
G.0 E CvENER/',L COMMCN ELEMENJ
L C E L; AITE_t"> C-CWCN ` i EMEpi
2 NO FL (CCK
Ir — .2 NO FL FZ5N— /-T� --I�-- —
I
44 001)
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FAITP`M/4Y
r7L. 7850-+5 DECK
u(c� �i cbw rr i t S � � j l !
I�12 ud II �� �I LC.E UNITI
FFLOOR PLAN
SECOND FLOOR
3C^LE : I" • 4'
S
SECOND QNnlEMEDD PE
AT
LITTLE BUTTE TE CONDO - 2 O
1