HomeMy WebLinkAboutcoa.pi.701 Gibson Ave.-Wienetz 2001
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SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND W\1.-'-\,,"W\ PvW \t:Nr:=rz
(hereinafter "Owner")
WHEREAS Owner is the owner of the real property located at the following street
address 701 (sit l'5S0N ,4--J E, , Aspen,
Colorado, with the following legal description 1-0"'\ 'Z., 4-r>1 A.J\A~",E\) \-\\LL \\005E ,
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and the following Parcel Identification No. 2.. 137 073.4- 50 0 3> ; 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 921.16.050 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 9 t feet), together with
associated 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.
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
failure to pay, the cost shall be placed as a lien against the property to run with the land.
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!;ILVIA DI=lVIS PITKIN COUNTY co R 10.00 0 0.00
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.
By:
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State of Colorado )
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County of Pitkin )
The foregoing instrument was acknowledged before me this /2 ft,. day of
-:D>.c..evY\.1o€ r
20CLL, by
Address:
Notary Public
/30 '3. Qzo..le vzCL.
AspPVl, (In <6'J(Q'/
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CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form:
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SILVIA DAVIS PITKIN COUNTY CO R 10.00 0 0.00
AGREEMENT REGARDING DRIVEWAY
THIS AGREEMENT is made and entered into this 3" i;l;;.. day of March 2001 by hand between
Thomas B. Coleman ("Owner") and the City of Aspen Colorado ("City").
RECITALS:
. Owner is the fee simple owner of Units A and B, Hoag - 4 Condominiums situate on Lot
4, Hoag Subdivision, Pitkin County, Colorado.
. There currently exists a driveway on the subject property which crosses and lies partially
on City property all as shown on survey prepared by Aspen Surveys dated May 4, 2000
as Job No. 71 00,
. The parties wish to enter into an agreement regarding the current and future use of the
driveway.
NOW THEREFORE, in consideration of the mutual premises contained herein and other good
and valuable consideration the parties agree as follows:
1. Current use of Drivewav. The parties agree that Owner may continue his current use of
the driveway, as same exists in place. No hard surfacing or paving of the driveway shall
be permitted on City property or on a ten foot (10') wide strip along the northerly
boundary ofthe property adjacent to Ute A venue. Owner shall be permitted to improve
the driveway with road base and/or gravel.
2. Future Widening of Ute Avenue. Owner acknowledges that there is a potential for
widening of Ute A venue in the future. If and when such widening occurs, Owner agrees
to eliminate that portion of the driveway situated on the public right-of-way as necessary
to accommodate such widening to the satisfaction of the City, in its sole discretion. This
may include, if necessary, design and reconstruction of a 12' wide new driveway on
owner's property meeting pedestrian/vehicular maximum slope of 8.3%. The owner shall
bear the cost of all these inprovements of re-adjusting access to accommodate the City's
right-of-way reclamation needs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first above written.
:lTN
John T. Kelly, his Attorney in Fact
THE CITY OF ASPEN
By:~;s-' /J~#J
/ Nick Adeh, P,E., City Engineer
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453243 04/10/2001 10:18A AGREE"EN DAVIS SILVI
1 of 1 R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO