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HomeMy WebLinkAboutLanduse Case.CO.634 W Hallam St.A003-02 ~ CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY rl A003-02 2735-124-26013 Sixth and Hallam Condominium Plat Amendment 634 W. Hallam James Lindt Condominium Plat Amendment Carl Baker Kent Schuler 3/22/02 Plat Recorded 3/25/02 J. Lindt (i C) J ., ('""1\ (',I. '. ," ", ';';'!-"_,>"', ':::':::"';:'~':':"" "',"': ",',>'. REVOCABLE ENCROACHMENT LICENSE .r f;;;b;CC~~~~!;~~C:C:!:;;;;~!;;I:!;;g;!= ' ~~~=>:;;;;g~;2;2::!;;;d~d~::>::>';2~::>::>~;2 (f,J COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBEFl: >;;>;;>;;>;;>;;>;;>;;Q;;Q;;>;;>;;>;;\:cq;;;ccc\:= ..2:;;);2;;;1;2;;;1:;;):;;):;;);;2:;;):;;):;;):;;):;;);;2:;;);;<;;;1:;;):;;):;;):;;) INSTRUCTIONS: CO/'1PLETE THE FOLLOWING AS IT APPLIES TO YOUR REQUEST THIS liCENSE IS FOR: (CHECK ONE) o TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM nla TO nla o TEMPORARY. PERPETUATEO UNTIL REVOKED BY THE CITY er'1=EMPORARY FOR PRE-EXISTED CONDITION AND PERPETUAtED UNTIL REVOKED BY THE CITY This Agreement made under this license and entered into this 21 day of February , 200~, by and between the CITY OF ASPEN, Pitkin County, .Colorado, hereinafter referred to as "ASPEN" and ~ . Carl Baker & Mary Elizabeth Wilson , at 630 '~, ~ st ,allam Street, Aspen Colorado 81611 (PrintPullN~ ~. ,,-;Y .Ml,jllal~~"""/ // ~, C. WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: .;. j,b . C,,~ Spo Street Address: 630"111 West Hall am Street, Aspen, Colorado 81611 Legal Address: 6th and. Hallam Condominiums~.B19ck22, Lot K and Westerly 22 1/2 feet of Lot L WHEREAS, said properties abut the following described public right(s)-of-way: hereinafter referred to as "Licensee", North East corner of Sixth and Hallam Street 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: An exi sting hi storieal condition of all the trees, driveway and low amp lights along walking path (se~attached Exhibi~A) 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: OL A revocable license is 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. This license shall be subordinate to the 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 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 the City for any work to be performed in the public right-of-way --- , #'""\ .. ".-, with design approvals fl lch work obtained from the City Engin,-_.:hg Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 05. Unless the property that is the subj ect of this license agreement is covered by a homeowners insurance policy, 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 "Additional Insured". .J . 06. Licensee shall maintain said public liability insurance coverage in full force and effect during the term of this License and shall furnish the City with a most current certificate of such coverage evidencing its validity. 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 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 the 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 other fault 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 the City of Aspen, licensee agrees to pay City of Aspen or reimburse City of Aspen for the defense costs incurred by the 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 tllis 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 here~fter 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 land, and binding upon Licensee, their heirs, successors and assigns. 12. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attomey's fees. .... , ,; ~, 13. If the structure for whicl s license was issued is removed for an) "son, 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. 14. The 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 orhis/her agents and employees shall automatically terininate and cancel this agreement: . a) Discontinuation .o/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 the encroachment to its original or better conditions immediately. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. !fj? ttJ /: (Licensee)t Carl E. Baker THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBUC, STATE OF COLORADO ) .) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this U dayof R.b~ ,llVz., by -htanr ~. ~.m.p WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ~rtlt>-o2- 2JJS $. Mill S:. Add"" ~~~~~CC~~*!;;CC~~!;;~S;~~~ D;;2;2;2;;2::J::>;;!;:2*~~~:2:22:2~:2 (DO NOT WRITE BELOW TIllS LINE, FOR CITY USE ONLY) APPROVAL CONDITIONS (Ustifany): CITY OF ASPEN, COLORADO By: NICK ADEH, City Engineer ATTEST: 1izA. KA TIlR ENG.'rJ<I DATE:~~jcQ / t .... ) lllll lillil 'II illl' II I l'll! ;ilii Ill! .A' # ~ (") . ill T hi III ~ 'R ::,- . "" " '+;. ~ "" .:1)O'/f ..... S 1'Rr- .... ..t;1' l ,.. ,.. E f ! { '" iiJ f:l ... ! ~ ..,....... . . . i~'; ~ g~~ . ~;;8 ~ iig" 8 ..~~ ~ ..,~ ~ ~i : z;:! s ~; .;; =~ . r- 0 ... (I) ~ po '" . . ~~i IU : h~ ;:i: · .a. ,.' ". h ~ .:;.. ~~ ~ I~~ I~ ~ _I" .>. -" - To: From: Date: Re: r'1 MEMORANDUM Kent Schuler, Aspen Real Estate Company James Lindt, Planner::;:JL February 1,2002 1 st Amendment to the 6th and Hallam Condominium Map- Community Development Department Amended Comments .J1. ];. ~. 5. 6. Indicate the purpose of the amendment to the condominium plat directly below the plat title. Indicate the Zone District on the Plat. Include Plat Note thatstates, "the 6.1' x 8.1' storage shed northeast of unit 2 shall be removed or brought into compliance with the R-6 (Medium- Density Residential) Zone District requirements by May 1, 2002 or this plat will be null and void". Shed must also be labeled on the plat. Switch the owner's names under owner certificate. Carl Baker owns Unit 2 and Mary Elizabeth Wilson is the owner of Unit 1. All ofthe City Engineer's Comments must be reflected on the final set of two mylar plats in addition to the Community Development Department's comments. Obtain all signatures with the exception of the City Community Development Director, City Engineer, and Pitkin County Clerk and Recorder prior to submitting 2 corrected mylar copies to Community Development Department for approval. Submit a recording fee of $1 0 per page to be recorded at the time of mylar submittal. In this case one page will be recorded. JAN-30-2002 WED 03:38 PM r>, FAX NO, ("'\ P. 03 MEMORANDUM To: James Lindt Planner From: Richard Goulding, Project Engineer Date: January 30, 2001 Re: 6'h and Hallam 1. State the purpose of the Plat in the Title 2. Show Basis of bearing tied to a USGS, NGW or city monument system 3. Obtain an Encroachment license for all tree, driveway and lights along path that encroach into the City's Right of Way 4. A note is to be added to the Plat stating that the Par~ing shown in the City ROW along 6.h street is public parking and not for the exclusive use of the residence 5. The following Certificates need to be completed: Owners Cert. Mortgagee's Cert. Title Cert. Surveyor's Cert. Community Development TO: FROM: RE: DATE: COMMENTS: (i ("~ MEMORANDUM Plans were routed to those departments checked-off below: :~......... City Engineer o ........... Zoning Officer o ........... Housing Director 0........... Parks Department o ........... Aspen Fire Marshal o ........... City Water o ........... Aspen Consolidated Sanitation District o ........... Building Department o ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney o ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 6th and Hallam Condominium Plat Amendment Parcel ID #2735-124-26-013 January 23, 2002 Please return comments to me by January 31 st. Thank You, James Lindt ~ Aspeli)/Pitkin Com."unity Develppment Depattment " 130 S Galena SI. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax Fax To: Kent Schuler From: James Lindt Fax: 925-3531 Pages: Phone: Date: 1/30/02 Re: 6th and Hallam Condo Plat Comments CC: o Urgent o For Review o Please Comment 0 Please Repll' o Please Recycle . Comments: Hi Kent, Please find attached the Community Development Department's comments regarding the 6th and Hallam Condominium Plat Amendment Please have the surveyor make the requested changes. The 6' x 8' storage shed does not require a building permit, but it does have to be detached from the main residence by 5' feet or removed, and it still has to be within the required setback if it is maintained. Please have the surveyor reflect on the plat the physical change. Please call me at 920-5095 if you have questions about this. Thanks, James Lindt Planner, City of Aspen i""'" r",~ 317 ritt ,) LOT K &.1-\1; W. '2'2.S'OF LOT L, BLOC\<. '2.'2., A'5PGN I Co"~o-...i.,^ilA."" p.."'p . L' c, ~ A "'~ J..\.dt<t~ Cov.lc....tll{ ------------ \ 1!::~o o 0;. '-1' o' . ~\.2 \ ALl.E,Y '5'l'5.0'9'1\"~''52_'50' f- ill UJ it l- IfJ I f- lY Ct;."'~ >:'A'" C"OM.....O~ "'- "'<;:>Q:\"jo..,jIT'5.'"Z. .~ ~-...:L.-T- LIMITEO C.OMMON I,. F'OI:2 Ut\lli 'a I . J I ~ I I I l.OT L I !..c,.,. lV1 I -.. I I :l.OCI<~ -a~'1 A"SP..N I ~. I I I , I I' I I I II I I I I I I I I I I .1-______L .. " + . (.Elo.IE~1.. COMMON ~"Olll: Uo..!l"f~ ~ ~ ~ I~ I I I I I LIMI~gR:'&~tt9N~ 30.00' 'e2.'Sd' t-t"75"O'!J'II"W'$2..,.0' I-lALLAM 5TRI:&T I, fIarold to[. J'ohn.';:m (JOHNSON-LONGFELLOW.& ".SSOC., Inc.'}, a registered surveyor' in the state of Colorado, do hereby certify that on the 16th day of ~larch, 1976, a one story duplex ,.:as found to be entirely within the boundaries of Lot K and the West 22.5 feet of ~ot L, ~)ock 22, ~spenJ Colvrado, as shot~n on the above plat. All easements or cncroachr:lcnts in evidence or knot...n to me are as .:::ho'.'m. .The survey is true and correct te. the b<.!st of my kno~,'ledgc and belief. " ,. ---.-/" ~~, I ,/7 /' ..>} '.:::::::2'.!==~~~~;c:::..~-<.";.~~_ Harold ~'l. JttJh.!J..Son, L.s.:r90T8 .JOH~lSOtl-LON(";'FELLOtV' & ASSOC. ' _"_ ..... W. J~)...,... ~ \ "{... ". t'" ":,\ k .,:..~.;<..';/tSrc,?~. ._j.~r' ;'. ff.."".... .... ~ ....9.'~ ,':;;: ,. t'~1 .k: DOl B l}Jr/d.' ;'\ '. ~: I .(,.. 0': .1- ,.4.:. "01,.1,'. !) '"\.:,''';' ""~.4 ',' '~":":"""";b '~:..JF C~',\.~:'l ....._..:~ . J