HomeMy WebLinkAboutcoa.pi.855 Bay St.-Mores 1999
AUG-04-1999 09:16
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9709634658 P.02
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SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND
-.:;::T-;...-.es hi. ~,r'.5e-
(hereinafter "Owner")
WHEREAS Owner{s) is (are) the owncr(s) of the real property located at (street address and
legal description of property) .pr.>' AdV ,J/" dV''''~ e:; F-n//
/
C I ad d (See Legal Description attached)
Aspen, 0 or 0, an
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, gurter and
sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof, an agreement for future
construction pursuant to Section 21.16.050 of the Municipal Code; and
WHEREAS, the City Engineer does not recommend the construction of curb, gutter and
sidewalk on public right-of-way adjacent to Owner's property at this time due to existing
improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
I. Owner agrees to construct curb, gutter and sidewalk, meeting City specifications, along
the frontage of Owner's property (approximately
feet), together with associated street
asphalt pavement work, at such time as the City of Aspen deems construction necessary and
feasible. It is acknowledged by all parties that the present requirement is for two (2) foot gutter, six
(6) inch vertical curb, and five (5) foot wide concrete sidewalk with five foot snow storage between
sidewalk and curb, or as otherwise specified in the City of Aspen Sidewalk, Curb and Gutter
Specifications in effect at the time of construction. As provided for in Section 21.16.060, Owner
agrees to pave driveway from curb to property line.
2. In the alternative, at the City's option, the City may construct the above improvementS
and Owner shall reimburse the City for all costs of such construction. Reimbursement shall be
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436997 10/25/1999 10:03A AGREEnEN DAVIS SILVI
1 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO
AUG-04-1999 09:17
9709634658 P.03
made to the City within ninety (90) days after receipt of invoice. In the event of failure to pay, the
cost shall be placed as a lien against the property to run with the land.
3. In the event that the City detemrines that sidewalk shall be l;Onstructed 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 l;Ost at a later date if the property across the street from
Owner is developed. If the City determines that the sidewalk shall be constnlcted 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 ,r?( day of .f-/ ~ J , 19..ll..
By: /--_./.# ~~,' ~
~.
Stateof~l~ade )
l~)
County of:;"~~kC@n)
The foregoing instrument was acknowledged before me this 5U1 day of ftug ust
19~, by .:::JllYY\CS A. mDrse...
Witness my hand and official seal.
~Dhtn Q.' j-~
My commission expires:
ROBIN A. FALBE! .
NoIary Publ1c, ~ Coun\y MI
My Coriunlssion expires Man:h llf,' 2002
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Address:
Notary Public
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CITY OF ASPEN, COLORADO, A Municipal Corporation
Approvedastofonn:; J&"I/;,.../....~ $/8/16
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KM96.81
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436997 10/25/1999 10:03A AGREEnEN DAVIS SILVI
2 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO
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LEGAL DESCRIPTION OF 855 BAY STREET, ASPEN, CO. 81611
LOT I, CREEKTREE SUBDIVISION, according to the Plat thereof
recorded February 14, 1978 in Plat Book 6 at Page 83 and the
First Amended Plat Creektree Subdivision, recorded June 21, 1995
in Plat Book 37 at Page 54.
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436997 10/25/0199D901000: 0~A 0A~:E~~i~I~A~~tN~~ CO
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