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HomeMy WebLinkAboutencroachment.409 E Hyman.awning.2003 _ -. · · I REVOCABLE ENCROACHMENT LICENSE County Recording Data: ~,a~,,: ! o.¢ 4 (~3/19/2004 10:28A SIuVIt~ DAVIS PITKIN COUNTY CO R 21.00 D 0.00 INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST THIS LICENSE IS FOR: CHEC~<ONEONLY) [] TEMOPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM ............. J~ TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY. [] TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOK'E~:E~Y T~'I~"~iTYi' This Agreement made under this license and entered into this day of ,200~'by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as '.'ASPEN" and ~/,~z,p,~,~D /¢s".~,~c_/.4T-¢.-¢ ,at .,,,~, O, ~,~¢yL '~, '5,' 2-- / /. 24"¢"~,~ ~"'~:2/ g'Z/g/~, (Pdnt Full Name) :Print Legal Mailing Address: daytime phone number: ~¢,8 - ~'2 / ~ '7 ~ 8'7 , hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: WHEREAS, Said properties abut the folloWing described public right(s)-of-way: WHEREAS, Licensee desires to encroach uponsaid right-of-way for the following purposes and as'shown and described in Exhibit "A'~, attached to this License: WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to grant encroachmem licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain conditions, THEREFORE,. ~n consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as follows: 01. A revocable license s hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right-of-way for the purposes described. 02. This license is granted for a specific use and within a specified term as checked above, subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen 03. 04. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. Licensee is. responsible for the maintenance and repair of the public right-of-waY, together with improvemen ts 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 The Licensee shall obtain right-of-way and Building Permit as required by tl~e City for a~y work to be performed in the public right-of-way w th design approvals for such work obtained from the Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements City of Aspen - Engineering Department. 130 South Galena Street, As~en Colorado 8161 ~970-920-5080 The Licensee clearly understands the following actions of Licen see or.his/her agents and employees shall automatically terminate and cancel this agreement: a) Discontinuation of insurance coverage b)Change of ownership or alteration of use from the original specific use in encroached area c)Restriction of ASPEN or its agents and contractors from access to its public land under the encroached area not occupied by a previously constructed building. Under these circumstances, the Licensee shall restore the right-of-way undei the encroachment to its original or better conditions immediately and in accordan~,e with the latest EnDneering Department standards for improvements of Public right of way. .IN W~(~~OF,.~ ,)(~~executed this agreement at ASPEN the day and year first written. THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OF COLORADO ) .) SS. County of Pitkin ) D 0.00~40:28~ The foregoing instrum...e_nt was acknowledged_ before me this . j~' z~ ~ day of '/~"L-,¢-~r ~ , -1-9 ~%,~ ...~~¢. WITNESS MY HAND AND OFFICIAL SEAL. Mycommisslonexpires: /I. /1.0/-/ ~ .~¢,. Date Notary Public Address (DO NOT WRITE BELOW THIS LINE, FOR CI~ USE ONLY) APPROVAL CONDITIONS (List if any).: CITY OF ASPEN, COLO~DO ATTEST: /~~ ~~'~ DATE: KATHRYN S. K~H. C~'~ ~lerk ~~~,~ City of Aspen - Engineering Department, 130 South Galena Street, Asoen Colorado 816t 1 ~970-920-5080 ENG-204-A Z