HomeMy WebLinkAboutcoa.pi.710 Castle Creek Drive-Roush 1996
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391354 04/02/96 10:50A PG 1 OF 2
SILVIA DAVIS PITKIN COUNTY CLERK I RECORDER
REC
11.00
DOC
UCC ~O
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SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND G- \ <\..~\>"\ Q.~ ,\ J\.Ak"'\ 'X.)
WHEREAS, c:,. '\ """"",., "- ~ -; l'M-~9)!fe owners of the real property
located at (street address and legal description of property) 7ft) C A5Tt.e CREe.K f)PI PC:;I~
Lbr {; I eJ5TtE CREeK st//JPlJ/P;/bA,/ ,Aspen, Colorado, (hereinafter "Owners"); and
WHEREAS, owner has recently completed new construction and desires to obtain a
certificate of occupancy; and
WHEREAS, owner's property is within a zone district or other area as designated on the
City of Aspen adopted sidewalk, curb and gutter plan requiring construction of curb, gutter and
sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof, an agreement for future
construction pursuant to Section 19-100 of the Municipal Code; and
WHEREAS, the City Engineer does not recommend the construction of curb, gutter and
sidewalk on public right-of-way adjacent to owner's property at this time due LO existing
improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees to construct curb, gutter and sidewalk, meeting City specifications, along
the frontage of owner's property (approximately / Dr
feet), together with an y :,ssociated
asphalt work, at such time as the City of Aspen deems construction necessary and feaBlble. It is
acknowledged by all parties that the present requirement is for two (2) foot gutter, six (6) inch
vertical curb, and five (5) foot wide concrete sidewalk with five foot snow storage between
Sidewalk and curb, or as otherwise specified in the City of Aspen Sidewalk, Curb and Gutter
Specifications in effect at the time of construction.
2. In the alternative, at the City's option, the City may construct the above improvements
and owner shall reimburse the City for all costs of such construction. Reimbursement shall be
made to the City within ninety (90) days after receipt of invoice. In the event of fai,lure to pay, the
cost shall be placed as a lien against the property to run with the land.
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391354
04/02/96 10:50A PG 2
OF 2
3. In the event that the City determines that sidewalk shall be constructed on one side
of the street only, and if that side is Owner's side of street, Owner agrees to pay to construct the
sidewalk with reimbursement of half the cost at a later date if the property across the street from
Owner is developed. If the City determines that the sidewalk shall be constructed across the street
from the Owner, Owner shall participate in the cost of the sidewalk in the amount of half of the
cost.
4. This agreement shall be binding and shall insure to the benefit of the heirs, assigns,
and successors in title of the parties hereto.
Entered into this '1..10 ~ day of ~~ ~I'
,1931L.
By:
~, ~ (}u"^~) <\. \\ (J--U ^'~" '\ ~"" ~~) ),
,
State of Colorado )
)
County of Pitkin )
The foregoing instrument was acknowledged before me this ,;Zh ~ay of -+- ~
19~, by r.:; ::TC:UTl-€. s K CrUtSh .
Witness my hand and official seal.
~tfad Ad-;tQ
. Notary Public
My commission expires:
Address:
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CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: ij~lj~j;;<:>.
KM96.81
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