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HomeMy WebLinkAboutencroachment.columns.Crandall Patio Bldg 1982 rc �d od o'� AWAY 1 982 Reception No.� ' Loretto B nr=er, 41 i.l C�) [recorder AGREEMENT L�BK 26 i�' �11 'I THIS AGREEMENT made and entered into this 3rd day of June, 1981, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Jack S . Crandall and Gesine Crandall, doing business as the Patio Building Company, a joint venture, hereinafter referred to as "Licensee" . WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lots R and S, Block- 99 Original Aspen Townsite WHEREAS, said property abuts the following described public right-of-way: Spring Street, City and Townsite of Aspen, Colorado WHEREAS, Licensee desires to encroach upon said right-of- way as such encroachments are shown on the Condominium Map for the Patio Building Condominiums recorded in Plat Book at page of the office of the Clerk and Recorder for Pitkin County, Colorado, for the following purpose: maintenance of seven (7) building columns on said Lot S, Block 99 . WHEREAS, Aspen Agrees to the grant of a private license of encroachment subject to certain conditions . THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private 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. 3. 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. t. 0 NOK 426 P:1GE 528 4. This license may be terminated by Licensee at any time and for any reason on thirty (30) days ' written notice of 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 their expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 5. 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 hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 6. Nothing herein shall be construed so as to present Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. Y 7 . 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. 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 ATTEST: PATIO BUILDING COMPANY Kathryn K h City Cl rk By JaAk S. Crandall, a joint vjgnturer By Gesim Crandall, a joint venturer -2- Y �COK 426 PnE 529. STATE OF COLORADO ) ss . COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me /9/,'.2, this 1/ day of-ddaa ; by HERMAN EDEL and KATHRYN S . KOCH,.,,,,pers.onally known to me to be Mayor and City Clerk of the City:;of,"Aspen, Colorado. ...tness; my .hand and official seal . o0 eal . I commission expires : �,�,STS-��►-r ��^_ YA 0 a,4,0� N aryPublic / lao STATE : F COLORADO )1 ss. COUNTY' OF PITKIN ) The foregoing instrument was acknowledged before me /3VlaJ0, this 3 day ofmg4pje, 1981, by Jack S. Crandall and Gesine A. Crandall doing business as the Patio Building Company, a joint venture. Witness my hand and official seal. My commission expires : 1 comm ,:;inn Expires Ju13 a, i985 NotaryPublic-,, ``'.,c� s J{i;➢ -3-