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HomeMy WebLinkAboutencroachment.wall.Holden 290 Park Ave.1987 rAi KRABACHER. SCHIFFER, HILL & EDWARDS P.C. ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-6300 TELECOPIER (303) 925-1181 B. JOSEPH KRABACHER OF COUNSEL SPENCER F. SCHIFFER JON DAVID SEIGLE THOMAS C. HILL BARRY D. EDWARDS December 18, 1987 Kathryn S. Koch City Clerk City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: Encroachment License Dear Kathryn: The City approved an encroachment license for 290 Park Avenue, Aspen, Colorado 81611. In accordance with the approval, we have forwarded the agreement to the owner to be signed and returned. I am enclosing three originals that have been signed by Welter Holden. We need to get your signature and the signature of Mayor Stirling. Please return at least two copies to me after you have obtained the signatures. The other original is for your files. If you have any questions, please call. Very truly yours, KRABACHER, SCHIFFER, HILL & EDWARD P.C. By: '1 ' B oseph Krabacher BJK /ljk Enclosures (as recited) cc: Martha & Paul Aspegren BJK1C /33 ENCROACHMENT AGREEMENT This agreement made and entered into this 8 th. day of September , 19 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and WELTER HOLDEN hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lot 9 and a part of lot 6, Promontory Subdivision, City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right- of- way(s): PARK AVENUE WHEREAS, Licensee desires to encroach upon said right -of way(s) with existing railroad tie and rock walls and steps to access the entry of residence at 290 Park Avenue. 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 shall be subordinate to the right of Aspen to use said area for any public purposes. 4. Licensee is responsible for the maintenance and repair of 0 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., 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 save, defend and hold 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 Licensee's 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 Licensee's 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 may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting 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 its reasonable attorney's fees. 12. If the structure for which this license was issued is removed for any reason, 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. CITY OF ASPEN, COLORADO B_s L l BILL STIRLING, Klayor ATTEST: d KATHRYN . KOCH, City Clerk 1 44 X 4 , z Licensee STATE OF °F ) County of ) The foregoing in trprment was acknowledged before e e t is - 3)C.," - 3)C.," day of C0.-- , 19g , by Licensee. WITNESS MY HAND AND OFFICIAL SEAL. My comraission expires: 4ho4.41.-6-- 1 / g A Notarblic OFFICIAL SEAL a � 7d (�.LXI'YK"^ "s✓ (Y' 4tf/ od 9oz ) GEORGE E. HUNT ,,,,,4 ' � Notary Public California Address �!� �' �J' / PrinCipai Office !n r o / Los Angeles County My Comm. Exp. Mar. 25, 19821; STATE OF COLORADO ) ss. COUNTY OF PITKIN The fore oing instrument was acknowledged before me this r 'day of , 1987 by Bill Sterling as Mayor of the City of Aspen. WITNESS my hand and official seal. My commission expires: 4/017/9 ( ddrLs () ,40...744/4,4 STATE OF COLORADO ) ss. COUNTY OF PITKIN „ik The foregoing instrument was acknowledged before me this 33 day of ht.ng.ow , 1987 by Kathryn S. Koch as City Clerk of the City of Aspen. WITNESS my hand and official seal. My commission expires: ,i a 0 441 -ant) N /� v� ( r . ss ) BJK4J /30 VI S a�3 i t A e - r ` x ,0 `' 3 E 4 p Wa 0 \ c V 0 3 C K ';`',,a) e LL w, V . a! N UU W 4 W N 6 2 -- y ( 4 .p ,1W pOWJ Yt1Y ' • .\ Z ,, ., ` i ll : a 3 iWx4m ' >_ S L O Z' Z 0 ' GI te F 2 %R F , ..E N J 3 � 0 x T £ 0. ,' w ! c>' Q O QI [, Z O O ri JN1aW3 W � t,.. Qaih ..1 � � g s o • z P _p w ° p w � l- `� ;�: ., to O 03 lg � vi W C� I"? L'• p � > 1— 0 i: a'm3zvai;pw .•, ~ = n�' • Gr n ^ • r, p 4. 7 — Up vww ]I' O WZ Q - 4 01t� 2a r 1 2 7 ] Qf Y1 � N u u� (7 41 W Q Z 2 � N f[ LL .� -1 Z 4 • Q" 7 '. " P . �y } z Q 0.1 h '3 E fl W Q CC 1 0 0 'i \�\ � W , p .. W i > 1° a O W w• � �,,� • •3 3 3 e QeI ,, - •� • I-- ,n 81 ( 5 • � w <. 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Po ii • • _..r 0. tOS a r 0 c „� —•— ti P • • �nt��nv �3 o F yyo 4 •Y sY . >�� • • � i o 0 > ° ra ° aw d 00 or • h U J Q C? 7 a 7 Z -.•:.:;'.,,. • . ® W aa c t N � 6 y y � a0z. .. _, o� Q � t � W • • e • u �� � LL t Y�r4 p:• a.. 4 N • �N y 7Z f R Q •�' 6:' 0 S OZ w00z0. 0• ui r.1 0 O 20 2 W O Nw . 9cc 0 U • / . 1 R zu � �� rnu�p` t f r � Z, o Z } o o N 4ul0WzNli Z 3 dl 0 ztd ° arZ? � o =•' .. • 0 W w 0sa} o o a o OW X6 u0 j c - 4 JICCU! 0 W • • ENCROACHMENT AGREEMENT This agreement made and entered into this 8 th. day of September , 19 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and WELTER HOLDEN hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lot 9 and a part of lot 6, Promontory Subdivision, City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): PARK AVENUE WHEREAS, Licensee desires to encroach upon said right -of way(s) with existing railroad tie and rock walls and steps to access the entry of residence at 290 Park Avenue. 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 shall be 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., 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 save, defend and hold 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 Licensee's 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 Licensee' s 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 may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting 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 its reasonable attorney's fees. 12. If the structure for which this license was issued is removed for any reason, 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. CITY OF ASPEN, COLORADO BY4%� ' BILL STI ING, May ATTEST: KATHRYN . KOCH, City Clerk /Mat Licensee • STATE OF ) leta J ) ss. County of -4j in ) jilt foregoin in t ument was acknowledged before me hi Z) day of 0 t� , 195 � 7 , by eria, � ne Licensee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: t w`^-'� X67 g OFFICIAL SEAL. Nota Publ is CT ✓/�� 3 L�Y�/lI,�YlX/ y �� /�� 9 9 ' 0 spy GEORGE E HUNT N otary PU lief uicrfta �l !� �J� /�V u/L.Q �7 / /�c.�z� r ° coy r Address .'! My Comm. Exp. Ma:. 25, 198 STATE OF COLORADO ) ss. COUNTY OF PITKIN The forggoing instrument was acknowledged before me this 3(5 day of ^C. r.. /_ . , 1987 by Bill Sterling as Mayor of the City of Aspen. WITNESS my hand and official seal. My commission expires: o7� 74/ � .w Natal. .1 1 (•:n.i js)i (�slD STATE OF COLORADO ) ss. COUNTY OF PITKIN ) 66 4 1 The fo oing instrument was acknowledged before me this day of , 1987 by Kathryn S. Koch as City Clerk of the City of Aspen. WITNESS my hand and official seal. My commission expires: a0'I /9/ ti e • � No� ( /dre s) l ` o Sybil BJK4J /30 ac V V1 0 J O ° u3 w u i ° i 2 L 4 p � > ^ > F y J a O W '\ G ,- v p iu ` ..1 , p W 1 6 1 S x3 3 .4 “1W iWxQmO > a 0 Z a ' s . " z ~ ° ° o(N^° „ u 0 F m - r L' , ' W uC n 1; malt a > 3 I w O 08 Q 0. Oa 3? YY T E i u.. > et LpO 0 3J . S� Si z O V OO W F w i ; ,r) Q m V It fJ D4 aZ. 0 =W G V 0w'S pW , n .. O � cri. i 0 W N Q 1 V 4 d W W V W N 9 W Q C d' In y j 4 W ?a J p E• 0 V Z f[ .• Z a r 2 Q • TC.'3al� Q o'EN ae n Y \ 4 ~ D_ GP's'. aN Sf a p aN t•N U W °W O `J c W 6 O c � W , ` m z ¢ � \ � \ • „. LL yYP - �° [ ° u 1 YW 3 i J> L O 07.1:112.1 . I W 1 T al•>11 :333 ec y ea . W 3 I— d o u i. lI- $a W - w <. Z � ✓ >O 4 0 yI M. 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