HomeMy WebLinkAboutbocc.con.046.1979 �.
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' Recorded at 2:20 P.M. Aug 10, 1979 Loretta Banner Recorder Reception No: c� a;
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LICENSE AND AGREEMENT
This License and Agreement is made and entered into this
�5�'�T day of ,]�Uni� , 1979 by and between the Board of County :. ;�t'•'•'
Commissioners of Pitkin County, Colorado, hereinafter "County" and
Colomo, Inc., a Colorado Corporation, hereinafter "Colomo", WITNESSETH:
_ WHEI2EAS, Colomo is the owner of certain real property in Pitkin
County, Colorado, consisting of parts of Lots 93 and 94 of the
Redstone Subdivision and adjacent properties more fully described as
follows:
A tract of land situated in the NW� of the NE; of Section ,
20, Township 10 South. Range 88 West of the 6th Principal
� Meridian, being more particularly described as followse
Beqinning at the most westerly corner of a tract of land
described in Reception No. 135762 of the records of the
Clerk and Recorder of Pitkin County, Colorado whence the
North 4 corner of said Section 20 bears N 28°50'ZS" W.
1139.71 feet with alI bearings contained herein being
true bearings by Polaris Observations; thence along the
boundary described in said Reception No. 135762 23 46°04'S6"
E 19.96 feet to a point on the southwesterly boundary of a tract
of land described in Reception No. 135763 of said Pitkin
Count�y records; thence along said southwesterly boundary
N 61 40'00" W 101.51 feet to the center of the Crystal
¢ River; thence along the center of said Crystal River the
fo�lowing courses: S 65°30'33" W 114a78 feet; thence 5
52 14'S7" W 102.32 feet; thence S 32 56'42" W 83.47 feet
to the centerline of Redstone Boulevazd as buil�t and in
nlace; thence along sai� Redstone Boulevard centerline the .
Following courses: S 84 21'46" E 41.86 feet; thence S
86012'42" E 267.59 feet�; thence S 88a00'53" E 33.46
feet; thence N 73�SU'Q8" E 46.33 feet; thence N 48a36'32" -
E 43,91 feet; thence N 36°59'S7" E 40.b6 feet; thence N t
31�04'06" E 12.11 feet to a point on said southwesterly
boundary of a tract of land described in Reception No.
135763; thence along said southwesterly boundary N 61°40'00"
W 26.21 feet to a point on the easterly boundary of said
tract of land described in Reception No. 135762; thence
along the boundary described in said Reception No. 135762
the following courses: S29°50'00" W 16.47 feet; thence N -
62048'46" W 127.26 feet to the point of beginning; EXCEPT all
that part of the above described tract included in the
property previously conveyed by the deed appearing in Book
170 at Page 427, Document No. 95105 of the Pitkin County
Records.
And whereas, certain property described in that certain deed
dated June 6, 1947 and recorded in Book 170 at Page 427, Document
Number 95105 of the Pitkin County records, was conveyed to the Board
of County Commissioners of the County of Pitkin and State of Colorado
(hereinafter "County property");
And whereas, it appears from a survey prepared by Eldorado
� Engineering Company of Glenwood Springs, Colorado, dated November 15,
;'� 1977 and revised March 3, 1978, that a portion of the property origin- .
ally included in Lots 93 and 94 of the Redstone Subdivision and upon
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which is presently Iocated a portion of the building known as the
Redstone Country Store is included in the description of the County �,�
property;
AND, WHEREAS, Colomo has requested, and the County is willing
to grant, a license for the use and occupancy of the Redstone Country
Store as the same, and to the extent the same, encroaches upon the County
i owned land,
Now Therefore, in consideration of the premises and the mutual
covenants and conditions hereinafter contained, the parties hereby
agree as folloWS:
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1. For and in consideration of the sum of Ten Dollars and other ,i
good and valuaHle considerations, the receipt of which is hereby -
acknowledged, and subject to the terms, conditions and limitations
hereinafter contained, County hereby grants to Colomo, its successors ;
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and assigns, the right and licanse to encroach upon a portion of
the County property described in connection with the existence, use �
and occupancy of the building known as the Redstone Country Store.
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2. This license shall extend to any encroachment of the existing �
building, including porches and stairways and for reasonable vehicular �
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parking along the sides of said building, but shall in no event extend �
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to any portion of the County property presently paved and being used
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as the roadway known as Redstone Boulevard. :�
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3. Colomo agrees that this license is given solely at the dis- y
cretion of the County and this license to encroach may be revoked at '�
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any time and £or any reason. Provided, hpwever, in the event it shall j
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be revoked within ten (10) years of the date of this agreement the ,
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County shall assume the cost of relocating the structure; and, if
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revoked in the period from between ten (10) to twenty (20) years of t;
the date hereof, the County will assume one half (�) the cost oE re- -
i Iocation. This license will expire, by its own terms, twenty (20) years
from the date hereof, unless terminated earlier as otherwise provided
herein. ;:
4. In the event of the destruction of the building by fire; wind- '
a
storm or other casualty, this licerise shall immediately terminate. 1�
5. Colomo shall be entitled to construct additions to the �
existing store building and within the County property, provided that ;�
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such additions are constructed in conformity aith the appZicable
building and zoning regulations of the County of Pitkin. The con-
struction of any such additions shall not increase the period of
this license.
6. Colomo shall be entitled to make necessary repairs to the
building from time to time so that the building is useable so long
as such repairs do not substantially increase the useful life of the
building.
7. Colomo agrees that it will be solely responsible for any
maintenance and repairs of the building and the encroachment necessary
� to keep the County property in a safe condition, all as determined by
the County.
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8. Colomo agrees to indemnify and hold County harmless from
any and all claims and liabilities by reason of death, injury, or �
property damage suffered by any person as a result of the retention ?
and use of the improvements on the County property. `?
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9. This agreement shall be binding upon and inure to the �
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benefit of the successors and assigns o£ the respeative parties j
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hereto. �
IN WITNESS WHEREOF, this agreement is executed the day and year =
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fir5t wrikten above. �
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: ;�_��'� THE BOARD OF COUNTY COMMISSIONERS `{
,�PiT��7l:� Y ;c.=�r�`� OF PITKIN COUNTY, COLORADO �
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By: �. � - �
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ATTE�>T . COI JMO, I
,• L, � � ' A Co1.o=a o Corporation
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�Q(l�IJTY 'OF 'PITKIN )
• The foregoing was acknowledged before me this ;�j day of �.�'iL(.v�.L ,
a ' ' �Lstd�h c_ ._ � J,
••'�1�7�3;',by �:twN�=,Jc �f�as Chairman of and by L . �-- —'f� �u�'�s /` .as
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:a :`c- b �� ' .e •
� '� : y-: Searetary to the Board of County Commissioners of Pitkin County, _
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% , n�o�o.r�?lo. _
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• � , . �Witness my hand and official seal, ;
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'' , L`/1'Z CJL[!, �''-)/L,�C�2r�- �
Notary Publ� '
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My Commission expires: /y .�; ��/
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� STATE OF MISSOURI ) _
) SS. .
COUNTY OF VERNON ) '"
- The foregoing was acknowledged before me this L� day ; ;
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of C_�/�� 1979 by John T. Denman as President of Colomo, ;. -
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Inc. ' ?
Witness my hand and official seal. `''•��''�" � �
� My commission expiresc a-/S= �� ��J 1 � �fi
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Notary Pub�z�R .,` 1�, � i
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STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
. . � . . , � 1� - � . � � �
The foregoing was acknowledged before me this ��'� day
of i�t1.T_, 1979 by Lawrence I�I. Mincer as Secretary of a
Colomo, Inc.
: Witness my hand and official seal.
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l �, My commission expires: �.�Q.{. l. ��'�
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