HomeMy WebLinkAboutcoa.en.Mill Streeet Station.1980 30 a
. Recorded 1 :00 PM FebrL -- 22 1980 Reception# Loretta Banner Recorder
222084
AGREEMENT BC(1K3S4
THIS AGREEMENT made and entered into this // day of
, 1980 , fli , by and between the
City of Aspen, Pitkin County, Colorado, hereinafter referred to as
EDWIN F. GORDON, FRANK J. WOODS, III, E. ROBERT GORDON, WALTER H. BIRK,
"Aspen" and AMELIA F. BRITVAR, THOt7AS RAFAEL, DENNIS L. WENGER,
JAMES W. PATTERSON, RONALD GARFIELD and ANDREW V. HECHT
hereinafter referred to as "Licensee ".
WHEREAS, Licensee is the [owner /II of the following
described property located in the City of Aspen, Pitkin County,
Colorado:
LOTS D, E, F, G, H and I,
BLOCK 81
CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO
WHEREAS, said property abuts the following described public
right(s) -of -way:
EAST HOPKINS AVENUE, SOUTH MILL STREET AND ALLEY,BIACK 81
ASPEN, COLORADO
WHEREAS, Licensee desires to encroach upon said right(s) -of-
way 8.5 feet parallel and adjacent to the property
above described for the following purpose:
MILL S TREET STATION BUILDING
ROOF OVERHANGS UP TO 8.5 r'ELW AND
PLANTERS ENCROACH UP TO 2.6 r'EET
AS SHOWN ON EXHIBIT "A" ATTACHED
WHEREAS, Aspen agrees to the grant of a private license of
encroachment subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and licensee covenant and agree as fol-
5J1Ki384 PALEI1I
3. This license is made subordinate to the right of Aspen to
use said area for any public purpose.
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 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.
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,
her, his, 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 [its, his, her, 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 law, the provisions
of the Charter of the City of Aspen as it now exists, or as may
BAAK PACE 112
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, [its, his, her, their] heirs, successors
and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
/
By / :
Herman Edel
Mayor
s' ATTEST: '
Peasar
'Ka a wzL och
City Cler
Licensee:
EDWIN F GORDON, :Y S ATTORNEY - IN - FACT
•
E ,• wed GOBTON
LFRANK J. TSDS, III dr
E. ROBERT GORDON RtAL VA
WALTER H. BI BY F➢IS -ACT
E. ROBERT GORDON
n �
11-`-
AMELIA F e
l � G
•
suoK384 €;113
ACKNOWLEDGEMENT
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Agreement was subscribed and sworn
to before me this 5th day of January, 1980 by EDWIN F. GORDON,
by his attorney -in -fact, E. Robert Gordon, FRANK J. WOODS, III,
E. ROBERT GORDON, WALTER F. BIRK, by his attorney -in -fact, E.
Robert Gordon, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L.
WENGER, by his attorney -in -fact, E. Robert Gordon, JAMES W.
ERSON, RONALD GARFIELD and ANDREW V. HECHT.
i. WITNESS my hand and official seal.
My commission expires: June 16, 1981.
Notary Public I \
•
„ „ sUPK 384 F'4CE 1
EXHIBIT "A"
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, Recorded 1:01 PM Febnry 22 1980 Reception# `retta Banner Recorder
222085 acco
NoK flu: 115
AGREEMENT
THIS AGREEMENT made and entered into this /� day of
3AN .1980 , kadc, by and between the
City of Aspen, Pitkin County, Colorado, hereinafter referred to as
EDWIN F. GORDON, FRANK J. WOODS, III, E. ROBERT GORDON, WALTER H.
"Aspen" and BIRK, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L. WENGER
JAMES W. PATTERSON, RONALD GARFIELD and ANDREW V. HECHT
hereinafter referred to as "Licensee ".
WHEREAS, Licensee is the [owner/1520031X1 of the following
described property located in the City of Aspen, Pitkin County,
Colorado:
LOTS D, E. F, G, H and I
BLOCK 81
CITY AND 'IUVNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO
WHEREAS, said property abuts the following described public
right(s) -of -way:
EAST HOPKINS AVENUE
ASPEN, COLORADO
WHEREAS, Licensee desires to encroach upon said right(s) -of
way 2 feet parallel and adjacent to the property
above described for the following purpose:
MILL STRFfl STATION BUILDING
CONCRETE SIDEWALK ENCROACHES 2 FEET
AS SHOWN ON EXHIBIT "A" ATTACHED
WHEREAS, Aspen agrees to the grant of a private license of
encroachment subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and licensee covenant and agree as fol-
800K384 P4att6
3. This license is made subordinate to the right of Aspen to
use said area for any public purpose.
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 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.
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,
her, his, 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 [its, his, her, 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 law, the provisions
of the Charter of the City of Aspen as it now exists, or as may
.....A: 4., ..F
sooK384 rac€1i7
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, [its, his, her, their] heirs, successors
and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By
Hernia Edel
Mayor
, ` a,
Cc HQ FI _..
41 -11.4;i4-. i.-. -, Sr:, —
Kathryn .S/Koch
C i
Licensee•
SS
l�ww_c • o.._
EDWIN F. GORDON, BY Hi. ATTORNEY-IN-FACT
E GORDON
i
k
-•�• r J. .. 9 - I
4 - lta‘A,
E. ROBERT GORDON I` `,(n�� /�
U3 B BY S stt L E. ROBERT GORDON
..",— A Al
AMELIA F
Kox384 FACE$1S
ACKNOWLEDGEMENT
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Agreement was subscribed and sworn
to before me this 5th day of January, 1980 by EDWIN F. GORDON,
by his attorney -in -fact, E. Robert Gordon, FRANK J. WOODS, III,
E. ROBERT GORDON, WALTER F. BIRK, by his attorney-in -fact, E.
Robert Gordon, AMELIA F. BRITVAR, THOMAS RAFAEL, DENNIS L.
,WENGER, by his attorney -in -fact, E. Robert Gordon, JAMES W.
. PATTERSON, RONALD GARFIELD and ANDREW V. HECHT.
WITNESS my hand and official seal.
, My commission expires: June 16, 1981.
4 Pe 24'.‘ fr1-6_,LA &Lc
fTe 13otary Public
r�
` `'' BOOK 384 PAGE 119
EXHIBIT "A"
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