HomeMy WebLinkAboutencroachment.Mother Lode Block 81 bldg. encroachment.2004
- -.... REVOCABLE ENCROACHMENT LICENSE.... __
License Number: 7jJ!J~-e~.59
County Recording Data 111111111111111111 11I111I11I1 1111111111111 1111111111111 ~;;~~~:I::: 54P
Reception Number.
Book Number.
SILVIA DAVIS PITKIN COUNTY CO R 21 00 0 0 00
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INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST
THIS LICENSE IS FOR: (CHECKONEONL~
o TEMOPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO
o TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY.
III TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY.
This Agreement made under tihis license and entered into this _day of , 2002" by and between tihe CITY OF
ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
Gordon L. Whitmer and Howard ,at 314
Ross. Partners East Hvmlln Avenue. A,::::ppn. CO Rllill ,
(Print Fu~ Ncme) 970-925-7700 (Print Legal Mailing Address)
daytime phone number: , hereinafter referred to as 'Licensee",
WHEREAS, Licensee is the owner of the following described properties located in tihe City of Aspen, Pitkin County, Colorado:
Street Address:
Legal Address: Mother Lode Subdivision (Lots Nand O. Block 81. City and Town~ite of A~pen
WHEREAS, said properties abut the following described public right(s)-of-way:
Hvman Avenue ,
WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in
Exhibit "A ", attached to this License:
Buildin2 encrbachrnent ,
WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates 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 covenant and agree as
follows:
01. A revocable license is hereby granted to Licensee to occupy, maintain and utilize tihe above described portion of public
right-of-way for tihe 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 tihe City Engineer of the City of Aspen.
03. This license shall be subordinate to tihe right of ASPEN to use said area for any public purposes.
04. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements
constructed therein, which ASPEN, in tihe exercise of its discretion, shall determine to be necessary to keep tihe same in
a safe and clean condition. The Licensee shall obtain right-of-way and Building Permit as required by the City for any
work to be performed in the public right-of-way with design approvals for such work obtained from the Engineering
City 01 Aspen - Engineering Department, 130 South Galena Slreet, Aspen Colorado 81611
8970-920-5080
REVlSED:05l1CV2rxu
Department. Licensee agrees to join any improvement district formed for the purpose of constructing improven,ents
within public right-of-way.
05. Unless the property that is the subject of this license agreement is covered by a homeowner's insurance policy, Licensee
shall at all times during the term hereof, carry public liability insurance for the benefit of tihe City with limits of not less
tihan 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 "Additional Insured".
06. Licensee shall maintain said public liability insurance coverage in full force and effect during the term of this License and
shall fumish the City with a most current certificate of such coverage evidencing its validity. All insurance policies
. maintained pursuant to tihis agreement shall contain the following endorsement: "It is hereby understood and
agreed that this insurance policy may not be canceled 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.
07. Licensee agrees to indemnify and hold harmless tihe City of Aspen, its officers, employees, insurers, and self-insurance,
from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation
claims arising from bodily injury, death, property loss or damages, or any other loss of any kind whatsoever, which arise
out of or are in any manner connected with this license, if such injury, loss, or damage is caused in whole or in part by, or
is claimed to be caused in whole or part by the act, omission, error, professional error, mistake, negligence, or otiher fault
I of licensee. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such
liability, claim or demands at the sole expense of the licensee or, at the option of tihe City of Aspen, licensee agrees to
pay City of Aspen or reimburse City of Aspen for the defense costs incurred by tihe City of Aspen in connection with, any
such liability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto,
including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless,
false or fraudulent.
08. This license may be terminated by Licensee at any time and for any reason following delivery of a written notice of
Licensee's intent to cancel. ASPEN may terminate this license at any time and for any reason. 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.
09. 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 is adopted.
10. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests
in or affecting said public property as it deems necessary.
11. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the
life of improvements encroaching in public right of way, and binding upon Licensee. The encroachment shall
terminate when the improvement has failed or out of compliance with required standards of performance or if it is
revoked by the City, whichever comes sooner.
12. In any legal action to enforce the provisions of tihis Agreement, tihe prevailing party shall be entitled to its reasonable
attorney's fees.
13. If the structure for which this license was issued is removed for any reason, Licensee shall not continue to rebuild in the
public right-of-way. The public right-of-way is for the general public benefit, and it is not for occupation or construction of
encroachments.
~970-920-5080
REVISED: 0511012004
,
-114. :rbe licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed
within the encroachment area.
15. The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically
terminate and cancel tihis 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 under tihe encroachment to its original or better
conditions immediately and in accordance with the latest Engineering Department standards for improvements of Public
right of way.
IN WITNESS WHEREOF, the parties executed this agreement at ASP
:o~don L. :tt. \d, ward Ross, Partners
Gordon L (Licensee) Wh
General Pa.rtner
THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF COLORADO}
Ross, General Partner
County of Pitkin
) 55.
The foregoing instrument was acknowledged before me this
am day of. )\...Vi\X' , 2005. by Gordon L. Whitmer
Partners of Gordon L. Whitmer and- Howard Ross, Partners,
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: .:1J13 / 0 5?
Date
Address
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--------(DONOTWiiii:EBELOWTHISLINE, foR CITY USEONLY)-------
APPROVAL CONDITIONS (Ustifany):
/ CITY OF ASPEN, COLORADO
By: ~-,~.G' ,~
/ NICK ADEH, P.E.. City Engineer
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ATTEST:] ~V: O~M J-.
ltl\1"IIWtl ~.1:8611, "i/u Clp.rk
11111111111111111111 III ~;;~~~~~:1: 54P
SILVIA DRVIS PITKIN COUNTY CO R 21.00 D 0.00
DATE:~ UrUdS
ENG-Poficy-204-A
City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611
8970.920-5080
REVISED: D5flO12(J().f
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ENCROACIlllENT LJCENSE AGREEIlENT EXHIBIT lIAP OF:
LOTS N&O. BLOCK 81
A PARCEL OF LAND SITUATED IN THE S~ OF SECTION 7
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 8th P.M.
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHF.F.T t OF 1
STREET MONUMENT
GARMISCH/HOPKINS
CITY CONTROL GPS#2)
SET
EBAR AND CAP ~
L.S. #28643
(BASIS OF BEARING) S74'74'05"E
1392.22'
STREET MONUMENT
GALENA/HOPKINS
(CITY CONTROL GPS-5)
SC--ALE: 1"=2.0'
i
SET 2'rWliTNESS CDRNER
REBAR AND CAP
L.S. #28643
AP
FNCROACHMFNT DESCRIPTION
~
N
"'
N74'76'46"W
60.37'
LOT N
LOT 0
o
o
c:i
o
o
o
c:i
o
LINE
L1
L2
L3
L4
LINE T BLE
LENGTH
0.75'
38.58'
1.10'
38.58'
BEARING
S 15'24'54" W
N 74'48'04" W
N 15'43'06" E
S 7416'46" E
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,.
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~ ARE OF BUILDING
. ENC OACHMENT
36s.ft.:J;
Vl
POINT OF
BEGINNING
L3
SET REBAR AND CAP
L. S. #28643
L4
L2
N74'76'46"W
21.73'
L1
A STRIP OF LANO SITUATED IN THE SWl/4 OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE STH P.M.. CITY OF
ASPEN, COUNTY OF PITKIN. STATE OF COLORADO: SAID STRIP OF LAND ALSO LOCATED I'<1THIN THE RIGHT-OF-WAY OF HYMAN
AVENUE IN THE CITY OF ASPEN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF BLOCK 81, CITY AND TOWNSITE OF ASPEN, WHENCE THE SE
CORNER OF LOT 0 OF SAID BLOCK 81 BEARS S.741S'4S"E., A DISTANCE OF 21.73 FEET, SAID POINT BEING THE POINT OF
BEGINNING; THENCE LEAV1NG SAID SOUTHERLY BOUNDARY LINE S.15'24'S4"W.. A DISTANCE OF 0.75 FEET; THENCE N.74'48'04"W.,
A DISTANCE OF 38.58 FEET: THENCE N.15'43'OS"E., A DISTANCE OF 1.10 FEET TO THE SW CORNER OF LOT N OF SAID BLOCK
81: THENCE S.741S'46"E.. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID BLOCK 81 A DISTANCE OF 38.58 FEET TO THE
POINT OF BEGINNING. SAID STRIP OF LAND CONTAINING 35.66 SQUARE FEET, MORE OR LESS.
SOPRIS ENGINEERING - LLC
CIVlL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
soprisOsoprlseng.com
24085 06/21/05 24085....PLAT.DWG