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HomeMy WebLinkAboutencroachment.trash.block 98 Lots H & I Aspen Block Bldg. 1996 37960 B-775 P--B�ffioW/09/9..., 0-2- :04P, PIG 1 OF' REC - - --DOL SILVIA DAVIS PITKIN COLJN"fY CLERK & RECORDER 25. 00 Jo ENCROACHMENT AGREEMENT This Agreement made and entered into this day of March, 199 , by and between the CITY OF ASPEN, Pitkin County, Colorado, -hereinafter referred to as "Aspen" and JAMES E. COB, JAMES D. COB, & ANTHONY E. COB, 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 H & I, Block 89, Original Aspen Townsite City of Aspen, Pitkin County, Colorado (see attached metes and bounds description) WHEREAS, said property abuts the following described public right-of-way(s) : Alley of Block 89 WHEREAS, Licensee desires to encroach upon said right-of- way(s) : for the purpose of an enclosed trash area. WHEREAS, Section 1905 delegated the authority to the City Engineer to grant encroachment licenses; 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 convenant 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 Engineer 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 necesssary to keep the same in a safe and clean condition. 1 379605 8-775 P-834 03/09/95 02-04P PG 2 OF 5 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. (currently $150, 000 per person, and $600, 000 per occurrence) 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 furnich 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. " The Licensee shall show proof of this insurance to the City before this agreement is filed. 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 not 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. 2 379605 B-775 FI S 03/09/95 02:04F' PIG �-5 - - 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' 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 prior to building. No existing encroachment shall be enlarged without obtianing an additional license prior to construction. 13 . The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO APPROVED AS TO FORM: B Z a J ' i ATTEST: Kathryn Koch, City Clerk G . J es E. Cox, Licensee ) �. James D. Cox, Licensee/-(Tbt-wL-. . �t- Q �..f Anthony E. /Cox, Licensee / ACKNOWLEDGEMENTS ON FOLLOWING PAGE 3 379605 g--775 P-SS X13/69/95 22:04P FSG -4 - OF STATE OF COLORADO ) COUNTY OF PITKIN ) Zo�The foregoing instrument was acknowledged before me this day of November, 1993 , by James E. Cox. WITNESS MY HAND AND OFFICIAL SEAL (STEAL +stir '+ W.1c6irimi don expires. 5/29/96 >� N iA r * :�'�►'•. I/BbG /o Notary Public STRPFL cpPQCQLORADO ) COUNTY OFPITKIN ) /P�rThe foregoing instrument was acknowledged before me this day of November, 1993, by James D. Cox by his attorney- in-fact, James E. Cox. WITNESS MY HAND AND OFFICIAL SEAL (S EAI.) . ��coi-s5:ion expires: 5/29/96 Notary Public v�g�"4T '��p GbLORADO ) COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of November, 1993, by Anthony E. Cox by his attorney-in-fact, James E. Cox. WITNESS MY HAND AND OFFICIAL SEAL (SEAL) ; Vtup y ,rmi5sion expires: 5/29/96 Af Notary Public •C D�C ASPEN BLOCK BUILDING ALLEY ENCROACHMENT LICENSE DESCRIPTION A PARCEL OF LAND SITUATED IN THE ALLEY AND ADJOINING LOTS G,H AND I, BLOCK 89, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY COLORADO, NOT EXCEEDING 14 FEET VERTICALLY FROM FINISHED ALLEY GRADE DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID ALLEY WHENCE THE NORTHEAST CORNER OF BLOCK 89 (NOT IN PLACE) BEARS S 75009' 11"E 31 . 70 FEET AND N 14050' 49"E 100 . 00 FEET: THENCE S 14050' 49" W 5 . 50 FEET INTO SAID ALLEY: THENCE S 75009' 11" W 35 . 60 FEET IN SAID ALLEY: THENCE N 14015' 49" E 5 . 50 FEET TO THE NORTHERLY BOUNDARY OF SAID ALLEY: THENCE S 75009' 11"E 35 . 60 TO THE POINT OF BEGINNING. BEARINGS BASED ON NORTHWEST CORNER OF BLOCK 89 (FOUND NAIL IN CONCRETE) AND THE NORTHWEST CORNER OF BLOCK 95 HORIZONTAL CONTROL (FOUND CHISELED X IN STEP) , N 75009' 11"W. PREPARED BY: ASPEN SURVEY ENGINEERS, INC. SIGNED: '�)� q6x.I& DATED: 4/08/93 O N HOWO TH P.L.S . 25947 ���N11111111111/i 111/Ii ��pQ'a REN ��i�i/l/. 0000000000 00 25947 se o °ate cp ° ---379605 B-775 P-837 03/09/95 02-04P 5 OF 5