HomeMy WebLinkAboutcoa.pi.James H. Hugh, Jr.1994
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SIDEWALK, CURB AND GUTfER IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND James H. Pugh, Jr.
WHEREAS, James H. Pugh, Jr.
are owners of the real property located at (street address and legal description of
property) see Exhibit A hereto annexed
, 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 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 feet),
together with any associated asphalt 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.
2. In the alternative, at the City's option, the aty may construct the above
improvements and owner shall reimburse the aty for all costs of such construction.
Reimbursement shaH be made to the aty within ninety (90) days after receipt of invoice.
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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 shaJl be binding and shaJI insure to the benefit of the heirs,
assigns, and successors in title of the parties ereto.
Entered into this 16th day of
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By: -.J"",u .
Ju e
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State of Colorado )
)
County of Pitkin )
The foregoing instrument was acknowledged before me this -lJi.J;h day of June
I9~, by Robert W. Hughes as attorney for Jam~s H. Pugh, Jr.
Witness my hand and ,official seal.
/I"'uf 0~~
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,'iAl j. _
otary Public
My commission expires:
January 17, 1995.
Address:
P. O. Box 2328
Aspen, CO 81612
CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: ~I' //l~
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Lommonwealtn",
Land Title Insura' ~ Company
EXHIBIT A
LOTS 14 AND 15A, UTE ADDITION TO ASPEN, Except Mineral interests; and
a tract of land being part of Lots 33 and 38, Section 16, Township 10
South, Range 84 West of the 6th P.M. lying Nor~heasterly of an
existing roadway which roadway abuts the Southwesterly boundary of
said tract which is more particularly described as follows:
Beginning at the most Southerly corner of Lot 14, Ute Addition to
Aspen; thence S 45'42'00. W 81.71 feet;
th~nce N 27'09'00. W 34.27 feet;
thence N 13'51'00. W 47.51 feet;
thence N 28'34'00. E 57.60 feet;
thence Southeasterly along line 1-9 of the former boundary of the City
of Aspen to the point of beginning.
Also described as the UTE TRAIL TOWNHOUSES AND THE BILLINGS PLACE
SUBDIVISION AND P.U.D., according to the Plat recorded in Plat Book 26
at Page 32 and Subdivision Agreement recorded in Book 646 at Page 16,
Pitkin County records.
COUNTY OF PITKIN, STATE OF COLORADO.
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