HomeMy WebLinkAboutencroachment.canopy Block 88 Lots D & E Harlely Baldwin 1991 #33123e3/^2/91 14: 49 Ree $25. 642 PG 336
SilviaDavic>, Pitkin Cnty Clerk: , D $.0o E�
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ENCROACHMENT AGREEMENT
This agreement is made and entered into this CW714 day of
March, 1991, by and between the CITY OF ASPEN, Pitkin County,
Colorado, hereinafter referred to as "Aspen", and HARLEY BALDWIN,
hereinafter referred to as "Licensee" .
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
as shown on Exhibit A attached hereto and incorporated
herein by this reference.
WHEREAS, said property abuts the following described public
right-of-way(s) :
the Alley of Block 88 adjacent to the southerly boundary
of the east 24 . 5 feet of Lot D and the southerly boundary
of Lot E of said Block 88 .
WHEREAS, Licensee desires to encroach upon said right-of-
way(s) with building and roof overhang in the area described as
follows:
BEGINNING at the Southeast corner of Lot E, Block 88,
City and Townsite of Aspen, Pitkin County, Colorado;
THENCE S ' 140 50 ' 49" W 2 . 00 feet into the R.O.W.of the
alley of said Block 88;
THENCE N 75° 09 ' 11" W 49. 00 feet in the said R.O.W. ;
THENCE N 14 ° 50 ' 49" E 2 . 00 feet to the northerly
boundary of said R.O.W. ;
THENCE S 750 09 ' 11" E 49. 00 feet along said R.O.W. to
the point of Beginning.
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:
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 Council of the City of Aspen.
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3 . This license shall be subordinate to the right of Aspen
to use said area for any public purposes, which right shall not
unreasonably interfere with the license granted Licensee by this
Encroachment Agreement.
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 for the benefit of the City with limits
of not less than those specified by Section 24-10-114 ,C..R.S. , 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 furnish 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. "
Licensee shall show proof of this insurance to Aspen before this
agreement is filed.
6. Licensee shall save, defend and hold Aspen 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. Following written notice to Licensee of such
intent, 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 now
in effect or those which may hereafter be adopted.
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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 so long as such grant
does not unreasonably interfere with the license granted Licensee
hereunder.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, his heirs, successors and assigns.
11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reasonable
attorneys' fees and costs.
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
construction. No existing encroachment shall be enlarged without
obtaining an additional license prior to construction.
13 . Licensee waives any and all claims against 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 above.
CITY OF ASPEN, COLORADO
ATTEST:
By: BY'
Kathryn Koch, ill Stirling, Mayor
City Cldtk
i
Harfey Baldwin, Licensee
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#331231 03/22/91 14. 49 Rec $25. 00 Bt::: 642 PC 339
\-Silvia---Davis, Pitkin Cnty Clerk , Doc s. 00 �
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Th foregoing . instrument was sworn and subscribed before me
this day of March, 1991 by Harley Baldwin, Licensee.
WITNESS my hand and official seal.
My commission expires:
Notary Public
chm\re\baldwin.ea
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SiWla: Davis, Pitkin Cnty Clef- Doc
Doc
EXHIBIT A
PARCEL A•
The North 80. 5 feet of Lots A, B and C and the North 0. 5 feet of
the South 20. 00 feet of the West 5. 59 feet of Lot D, Block iib , City
and Townsite of Aspen,
EXCEPT -that portion of said Lot C conveyed by 'T'innie Mercantile
Company, a New Mexico corporation, and High Country Lumber Co. , a
Colorado corporation, to Kurt Bresnitz and Lottie Bresnitz by the
Quit Claim Deed recorded May 22 , 1974 in Book 287, at Page 425 .
PARCEL B:
Beginning at Corner No. 1 which is the Southeast corner of Lot D
in Block Fla of the City and 'T`ownsite of Aspen, and the Southwest
Corner of Lot E in said Block 88 ;
thence running along the South boundary of said Lot D in a Westerly
direction a distance of 24 . 00 feet to Corner No. 2 ;
thence running in a Northerly direction parallel to the West
boundary of said Lot D a distance of 20. 00 feet- to Corner No. 3 ;
thence running in an Easterly direction parallel to the South
boundary of said Lots D and E a distance of 41.00 feet. to Corner
No. 4 ;
thence running in a Southerly direction parallel to the Last
boundary of said Lot E a distance of 2.0. 00 feet to Corner No. 5 ;
thence running in a Westerly direction along the South boundary of
said Lot E a distance of 17 . 00 feet to Corner No. 1, the place of
beginning.
PARCEL C•
The South twenty (20. 00) feet- of the East thirteen (13 . 00) feet of
Lot E, Block 88 , City and Townsite of Aspen.
PARCEL D: .
The South twenty (20. 00) feet of the East 24 . 5 feet of Lot D, Block
ilia , City and 'T'ownsite of Aspen.
CI'T'Y A14D `T'OWNSITE OF ASPEN,
COUNTY OF PI`T'KIN,
STATE OF COLORADO