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HomeMy WebLinkAboutcoa.en.Jordan.1985 3c 20 N _ o A a ml CO BOON `t PAGE�U `"' cn rn _4 CO — a w _'m a, o z - 0 z O � LICENSE AGREEMENT � �L THIS AGREEMENT made and entered into this day of January 1985 by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and William R. Jordan III and Cheryl A. Jordan, hereinafter referred to as "Licensee ". WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: PARCEL 1: Lot 3, Janss Subdivision WHEREAS, said property abuts the following described public right -of -way: Sneaky Lane WHEREAS, Licensee desires to encroach upon said right -of -way adjacent to the property at the north end of the westerly boundary of the said Lot 3, Janss Subdivision for the following purpose: Fence WHEREAS, Aspen agrees to the grant of a private license of encroachment subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private license is hereby granted to Licensee to occupy, maintain and utilize that portion of the public right -of -way described in Exhibit A attached hereto and incorporated herein 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 purpose. BOOM 482 8 ti ifl 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 discreticn, shall determine to be necessary to keep the same in a safe and clear condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. Aspen shall be an additional named insured on Licensee's policy of insurance described above. 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 its 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 by either party Licensee shall, at its expense, remove any improvements or encroachments from said property. The property shall then be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, 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. BOON 482 F FJEb ?I IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO B /fib iam Stirling, Mayor Will 4 ATt'EST;. / / br'ar�ii.� / y / f & yr d4 `filAori rroc , City Clerk ,---\ LICENSEE: L /g,l William R. or..' II . Chery l A m /A . si mac — STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 23 day of 1985 by WILLIAM R. JORDAN III and CHERYL A. JORDAN. My commission expires: Witness my hand and official seal. • 4 , Jr, 11� •' '.f. a.• --JL C. `l a;a..�.� � N ary Public STATE OF COLORADO ) "f:\ )ss. COUNTY OF PITKIII? ) f,I The for�ezp ing instrument was acknowledged before me this /3 day of / /LcZ't 1985 by WILLIAM STIRLING as Mayor and KATHRYN KOCH as Clerk of the City of Aspen. ',∎.''. My commission expires: /g Witness my hand and official s �' - a.�� ' Lotar, S 1 0 f Er ' . y is , y 1 1/6// Alpine Surveys BOOK 482 P1UE6 ?E 414 North Mill Street Post Office Box 1730 Aspen, Colorado 81612 303 925 2688 EXHIBIT A January 2, 1985 84 -144 Jordan Encroachment Easement DESCRIPTION AN EASEMENT SITUATED IN THE NW 1/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P. M., CITY OF ASPEN, COLORADO BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 3, JANSS SUBDIVISION, THENCE S 12 ° 40'00" W 64.25 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 3; THENCE N 49 ° 20'00" W 10.78 FEET; THENCE N 13 ° 38'00" E 61.00 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY BOUNDARY LINE OF SAID JANSS SUBDIVISION; THENCE ALONG SAID BOUNDARY LINE S 65 ° 21'00" E 8.68 FEET TO THE POINT OF BEGINNING, CONTAINING 566 SQUARE FEET, MORE OR LESS. nce s ' 1 FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. l 'II I ', I I I I I I ORDED BY THE POLICIES LISTED BELOW. IC !Pill AFFORDING COVERAGES WM. C. STAPLETON AGENCY, INC. 533 E. HOPKINS AVENUE I Of AN St. Paul ASPEN, COLORADO 81611 I ET R PHONE: (303) 925 -1230 01 AN , El R , 01 1 AN William R. Jordan III FT 600 E. Hopkins - Suite 205 D' AN • ^� Aspen, Co. 81611 E' R 01 iAN' El R a :.aloes n ve been I ()sued to lei sued rtaI en at tfe , n force at this time Notwithstanding any requirement, term or condition . -. t v •h rc v.rlc h this cert tic ate 'nay be ssueo o •la era r . isurance afforded by the policies described herein is subject to all the ICY Limits of Liability in Thousands (000) 1'➢ Nl -F E< )N DATE EACH AGGREGATE I - OCCURRENCE GENERAL LIABILITY BODILY INJURY b E l MP r PI P' r, PROPERTY DAMAGE $ $ IALn HI NDF PGRr'.0 NL. IA /API' 1IPODU L . "Ir /NS M I�AZAPn BODILY INJURY AND II 1 PROPERTY DAMAGE $ $ ON`PAY Il A'. INSI IP ❑ Hw'A0 rOPM PRGPER,T COMBINED ❑ D J AMAGi INOF P: NLFNT CONTRA. KIPS ❑ PrR�ON01 iN IHRY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSONI ❑ _ (oM PRF�F NSPJt BODILY INJURY $ (EACH ACCIDENT) ❑ O' ❑ .Hr:� PROPERTY DAMAGE $ BODILY INJURY AND ❑ VON tiWNFP. PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER I HAN UMBRE LI A COMBINED ORM WORKERS' COMPENSATION STATUTORY and $ EMPLOYERS' LIABILITY _ ' -j p14O OTHER A Homeowners 983EB6798 5/31/85 300,000/1,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES Adding the City of Aspen as additional insured for liability only as to their respects only to the piece of land situated west of the insureds house located at 650 Sneaky Lane, Aspen, Pitkin, Colorado, consisting of a piece of land running_ 62' nnrth & south and R' PART' and was+ Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED: AUTHORIZED REPRESE ATIVE ACORD 25 (1.79)