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HomeMy WebLinkAboutencroachment.Mill street mall.awning.bay window.block 81 lot e,f,g.The Grill.1985 • - i it Na _ o Gnc� V • BOON 503 PAGE 53 w K n A mm OD ENCROACHMENT AGREEMENT v m a - 0 oz O 3 z m v This agreement made and entered into this 31st = day of October , 1985 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Howard Gunther and Joshua Saslove hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): Mill Street Mall and Alley of Block 82 WHEREAS, Licensee desires to encroach upon said right -of way(s) with bay windows that encroach 18" onto the right -of -ways, and awnings that encroach 36" onto the right -of -ways. WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right -of -way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purposes. 4. Licensee is responsible for the maintenance and repair of the public right -of -way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24- 10- 114,C.R.S., • NM 5O3 PAGE 54 as may be amended from time to time, naming the City as co- insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: 'It is hereby understood and agreed that this insurance policy may not be cancelled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew.' 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and /or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of their intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at their expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to his reasonable attorney's fees. 12. If the structure for which this license was issued is removed for any reason, the Licensee may not rebuild in the same location without obtaining another encroachment license IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and year first written. BOWL PAZ 55 • CITY OF APSEN, COLORADO By " BILL STIRLING, Mayor ABTE i `, t '%A 1 THRYN 3 City Clerk c0 C AA . t .,.,, - How. • Gant or Licensee P /I? Art 44240C- J shua Saslove Licensee STATE OF COLORADO ) ss. County of Pitkin ) The foregoing ' strument was acknowl dged b ore me t i �(� ,,, day of 4 , 19J , by u2a l Licensee. 0 WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: !o2 / <41 / , "�t,;, V . ..•� ( , � � Ndt ary Pubic '" /less A /---'. ,/ ir . 1 ' . , ,,.\\'S =-1r Na BOOK 503 PAGE 56 w -° T "4 R' EASEMENT AGREEMENT `? rn O • c o m cc Fri x ////JJ� -->> Easement Agreement dated this o2 day of (u wG�ti2 , 1985 by and between Hyman Avenue Limited Partnership (hereinafter "Grantor ") and Tavern on the Park, Inc. a /k /a The Grill on the Park, Inc. (hereinafter "Grantee "). R E C I T A L S A. Grantor is the owner of that certain real property located in Aspen, Colorado which is legally described as Lot E, F, G, Block 82, original townsite of the City of Aspen ( "Grantor Parcel "). B. Grantee is the lessee of that certain real property located in Aspen, Colorado which is owned by the Estate of Robert Barnard which is legally described as Unit B and a portion of Unit C, Aspen Commercial Condominium Map filed for record in Plat Book 4 at Page 499 and the Condominium Declaration recorded in Book 293 at Page 61 of the Pitkin County records ( "Grantee Parcel "), which is adjacent to the Grantor Parcel. C. Grantor and Grantee by this instrument now desire to set forth certain of their agreements relating to the easement to be granted hereunder. A G R E E M E N T NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee hereby agree as follows: BOOK 533 PAGE 57 1. Grantor hereby grants and conveys to Grantee, its successors and assigns an exclusive perpetual easement ( "Easement ") upon a portion of the Grantor Parcel legally described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference For the purpose of constructing improvements to the building located on the Grantee Parcel described in Exhibit "B" attached hereto and made a part hereof, and for the purpose of ingress and egress to and from said improvements. 2. Grantee shall have the sole and exclusive responsibility to maintain said Easement in a good state of repair and to perform and cause the performance of, all such necessary repair and maintenance and the cost thereof shall be borne exclusively by Grantee. 3. Grantee shall pay consideration of $100.00 per year for the use of the Easement during the existence thereof, which sum shall be payable in advance on the first day of each year during the term of the Easement; provided however, that payment of a prorated sum for the remainder of 1985 shall be paid upon delivery hereof. 4. This Easement shall terminate upon ninety (90) days written notice by either party hereto to the other. 5. The foregoing covenants shall be binding upon and inure to the benefit of the successors, assigns and personal representatives of Grantor and Grantee. -2- BOON 50 PAt E 58 GRANTOR: GRANTEE: HYMAN AVENUE LIMITED TAVERN ON THE PARK, INC. d /b /a PARTNERSHIP THE GRILL ON THE PARK, INC. ) BY: .■•• � /•� BY: � � f a eat Archie McGill Howard Gunt.".' General President STATE OF COLORADO) ss COUNTY OF PITKIN ) The foreg Easement �Ar ement was acknowledged before me this a - day of �t , 1985 by Archie McGill, General Partner of Hyman Avenue Limited Partnership. WITNESS my hand and official seal. My commission expires: �O //9/1 1 J" N•tary Public ; o i \ My 9,ddres is: ShA STATE OF COLORADO) ss COUNTY OF PITKIN ) The foregoing Easement A reement was c owledged before me this 7 day of J 1--4 " ---0, '" , 198W by Howard Gunther, President of Tavern on the Park, 141c. d /b /a The Grill on the Park, Inc.. WITNESS my hand and official seal. y My commission expires: ( 2 No ary ublic o / f� ; —_ My/ add ess is: - . . i J; y i %.,. -3- EXHIBIT "A •• eoaK 503 PAGE 59 A tract of land being a portion of Lot G, Block 82, City and ToL: -nsite of Aspen, Pitkin County, Colorado described as follows: Beginning at the Southeast corner of Lot G, Block 32 (A "X" chiseled in concrete) Thence westerly along the southerly line of Lot G N 75 W. 1.73 ft. more or less to an existing brick wall. Thence northerly along an existing brick wall N 09' E. 3.92 ft. more or less to an angle point. Thence westerly along an existing brick wall N ° 75 09' W. 0.26 ft. more or less to a masonry wall. Thence northerly along a masonry wall N 14 E. 25.08 ft. Thence S 75 ° 09' E. 2.05 ft. more or less to the easterly line of Lot 3. Thence S 14 ° 50'49" W. 29.0 ft. along the easterly line of Lot G to the point of beginning. BOOK 503 PAGE 60 tog. IG6 L �, � „ 0 �"2 ' e. 66 LG Ti t.E - ® © IIIVF( h .. r 7: __., Q . 11 Lii _ wall& rY m WOO cawmpo, P00% -- w / CPA 01 41. . - - -at mop cou4fiti a. rye a s --- -- - ° T wHV - T wan coutirE _ t SE '- RH G Cam1ER 1 Y $w Fxi 0 ' 2 iE % i ce o w ba - • °1 Z i- y z 3 t __z ©444 l i 7 KO I F . tea_ II ' 2 D16PIaY WON* 9 -- - - - - - - - -m- ' � %RVIG& CA/Nr&k - - ) . . \SI M ■ O .) rorcave A - il T. - I • b' -c• 5h" l ■ i'iC� w Ord OD '4 0 O W I \,,,,f OaiuteNneow -) • -t N � 0 AR m W a frt - - - - rig 1 \ f— ' $t 640.410 0644W --J ` -i, . ,, , '' - ° A -4 C 1 0I HIMC., t I DINI ° m LAtrET + CI '* .� [440767. W ENTRY eI m dl 7. ' n --�- . 1 l) s* co. 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