HomeMy WebLinkAboutcoa.pi.126 Park Avenue-Adair 1999
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SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND
~'A- p. A])Ale J~
(hereinafter "Owner")
WHEREAS Owner</! is eyI) the owne~ of the real property located at (street address and
legaldescriptionofproperty) l2.b P~~IU.) Asrw. {cf1Jr.J.o (IEifAL. I::> AlJ1'r;tft:!O AS
&X/-Hl3lr AI)
Aspen, Colorado, 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 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:
1. Owner agrees to construct curb, gutter and sidewalk, meeting City specifications, along
the frontage of Owner's property (approximately
C( 5" 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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429000 03/22/1999 12:57P AGREEMEN DAVIS SILVI
1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
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.,
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 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 J Is; day of F...l'tw".
By: ~ P,~~.
,19~.
'<e..,.",'
State of Colorado )
~~~)
County of . )
The foregoing instrument was acknowledged before me this ~"d'
19QQ, by C\v-o':' 7. ~CL<:r .0~ .
day of.~ h (' \.Ul. "
?r
My commission expires:
Address:
Notary Public
551(~O~l,~~
\
<r~\"(1'6/)~_ (1lJ PJJlt,
urC .. "' EJpIIII 01/IltIl01
CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: .. l k"1/;~ ~~/q6
/
KM96.81
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2
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429000 03/22/1999 12:57P AGREEMEN DAVIS SILVI
2 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
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EXHIBT "A" -----LEGAL DESCRIPTION
PARCEL 1'.:
LOTS 1 MID 2" BLOCK 7. RIVERSIDE ADDITION TO TilE
ASPIi:H. EXCEPTING TilE SOUTIIERLY FIFTEEN (15) FEET
'PROPERTY.
PARCEL D:
A PARCEL OF LAND BEING PART OF LOTS 1. 2 AND 4. BLOCK 7, RIVERSIDE
ADDITION TO TilE CITY OF ASPEN, COL0RADO. SAID PARCEL IS HORE FULLY
DESCRIOED AS FOLLOWS:
DEGItHHllG AT A POINT ON TilE WESTERLY LINE OF SAID LOT 1 WHENCE TilE
SOUTIIWESTERLY CORNER OF SAID LOT 1 DEARS S 00014'00" W 15.51 FEET;
TIIENCE S 00014'00" W 2].00 FEET ALONG TilE WESTERLY LINE OF SAID LOTS 1
AND 4; THENCE S 05041'25" E 40.05 FEET; THENCE N 21050'00" E 15.00 FEET
TO A ponrr Qtl THE EASTERLY LINE OF SAID LOT 2; THENCE N 75006'00" W
47.00 FEET ON A LINE PARALLEL TO AND 15.00 FEET FROH THE SOUTHERLY LINE
OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
PARCEL C:
'A. TEN (fo) FOOT STRIP l\LONC TilE SOUTIIERLY LINE OF LOT 9, PROHONTORY
SUBDIVISION, ASPEN, COLORADO, 'EXTENDING FROH TilE SOUTHWEST CORNER OF 5'-10
LOT AT PARK AVENUE EASTERLY APPROXlHATELY TWENTY-FIVE tEET (25') TOTUE
WEST SIDELINE OF A FIFTEEN FOOT (15 ') STRIP ALONG THE EASTERLY LINE OF
SAID LOT PREVIOUSLY CONVEYED TO DR. ROBERT BARNARD.
PARCEL 0:
BEGINNING AT THE RECITED NORTHEASTERLY CORNER OF LOT 2, BLOCK 7. RIVERSIDE
MDITION TO TilE SOUTHWESTERLY CORl,ER OF AN EXCEPTION PARCEL RECITED 11'1
BOOK 457 AT PAGE 136, PITKIH COUNTY CLERK AND RECORDER'S OFFICE, BEING A
REBAR AND CAP FOUND IN PLACE'BEARS N 88'0]'35" E A DISTANCE OF 17.55 FEET:
THENCE N 75006' 00" W ALONG THE NORTH BOUNDARY LINE OF SAID LOT 2, BLOCK 7.
A DISTANCE OF 32.48 FEET; THENCE N 04035'38" E ALONG THE WESTERLY LINE OF
THE EASTERLY 15.00 FEET OF LOT 9, BLOCK 1, PROMONTORY SUBDIVISION A
DISTANCE OF 13.77 FEET TO A POINT ON AN EXISTING FENCE LINE; THENCE ALONG
SAID FENCE LINE TilE FOLLOWING TWO (2) COURSES; S 87000'10" E A DISTANCE
Of 4.44 FEET; THENCE S 50'49'49" E A DISTANCE OF 20.10 FEET TO A POINT ON
THE SOUTHERLY BOUNDARY OF LOT 7, BLOCK 1, PROHONTORY SUBDIVISION; T[lENCE
ALONG SAID SOUTHERLY BOUNDARY LINE S 77045'35" E A DISTANCE OF 5.37 FEET;
THENCE S 21"50'00" W ALONG THE RECITED EXTENSION OF TIlE EASTERLY BOUNDARY
LINE OF LOT 2, BLOCK 7, RIVERSIDE ADDITION TO THE CITY OF ASPEN A DISTANCE
OF 3.19 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 282.0
SOUARE FEET, HORE OR LESS.
.
'1"
CITY AND TOWNSITE Of
OF S'-IO ADOVE DESCRIBED
COUNTY OF PITKIN,
STATE OF COLORADO.
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429000 03/22/1999 12:57P AGREEMEN DAVIS SILVI
3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
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