HomeMy Public PortalAbout5b License Agreement 840 & 842 Mink LaneLICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered into on August 16, 2017, by
and between THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of
Colorado (the "TOWN"); and KATHRYN KINGERY, KERRY WORKMAN and ROBERT
WORKMAN (owners of Unit 1) and JASON DODSON and DEBRA DODSON (owners of Unit 2)
LICENSEE", whether one or more), whose address is 11516 NE 103RD PL KIRKLAND, WA
98033-5165. This agreement is effective upon execution by the LICENSEE and following
execution by the Mayor of the Town of Fraser on the date indicated above.
ARTICLE 1.0 — RECITALS AND PURPOSE.
1.1 LICENSEE is the owner of the real property described as Units 1 and 2, Whispering
Pines II, in the Town of Fraser, also known as 840 and 842 Mink Lane (the "Subject
Property"), which is located adjacent to the Town street known as Mink Lane.
1.2 LICENSEE has constructed a deck and block retaining wall that encroaches upon
on the five foot (5') snow removal and storage easement adjacent to Mink Lane, as
provided in the instrument recorded in Book 264 at Page 948, and as depicted on
the As-Built Plat recorded at 2001012065 of the real estate records of Grand
County, Colorado (the "Snow Removal Easement") and upon a small portion of the
Mink Lane right of way. The TOWN owns the Mink Lane right-or-way and has the
right to use said Snow Removal Easement in connection with its maintenance of
Mink Lane. The location of the deck and retaining wall encroachment is shown on
the drawing attached hereto as Exhibit A.
1.3 In order to allow such existing deck and retaining wall to temporarily remain in their
current location, the TOWN is willing to grant a revocable license to the LICENSEE
under the terms and conditions as hereinafter specified in this Agreement.
ARTICLE 2.0 — TERMS AND CONDITIONS. In consideration of the premises and the mutual
promises herein and other good and valuable consideration, the parties agree as follows:
2.1 TOWN hereby grants to the LICENSEE a revocable license to maintain the existing
deck and retaining wall in their current location that encroaches upon the Snow
Removal Easement and the Mink Lane right-of-way, subject to the following
requirements:
a.The deck and retaining wall constructed by LICENSEE shall not be
modified in any manner that would increase the encroachment upon the
Snow Removal Easement or Mink Lane right-of-way.
b.LICENSEE shall maintain said deck and retaining wall in good repair
during the term of this Agreement.
2.2 LICENSEE understands and agrees that the TOWN shall not be liable or
responsible for any costs related to any damage, maintenance, repair, or removal
of the deck or retaining wall constructed by LICENSEE, including but not limited to
any damage caused due to snow removal or other maintenance activities relating
to the Snow Removal Easement or the street or utilities in or on the adjacent Mink
Lane right-of-way.
2.3 This Agreement shall terminate in the event of the removal or substantial
destruction of the portion of the deck or retaining wall that encroaches upon the
Snow Removal Easement or Mink Lane right-of-way. In addition, the TOWN may
terminate this Agreement at any time by giving not less than forty-eight (48) hours
notice in advance of the effective date of termination and specifying the date of
termination therein. In the event of such termination, LICENSEE expressly agrees
to remove the deck and retaining wall from the Snow Removal Easement and Mink
Lane right-of-way and return such property to its original condition as promptly
thereafter as is reasonably possible, and in any event within thirty (30) days after
the date of termination . Any failure by LICENSEE to remove the deck and
retaining wall and restore the property within said time allowed shall be cause for
the TOWN to itself undertake such removal and restoration, in which case
LICENSEE shall reimburse the TOWN for the expenses thereby incurred promptly
upon receipt of an invoice for same.
2.4 LICENSEE expressly agrees to indemnify and hold harmless the TOWN and its
officers and employees from any and all claims, damages, liability, or court awards,
including costs and attorney's fees that are or may be awarded as a result of any
loss, injury or damage sustained or claimed to have been sustained by anyone,
including, but not limited to, any person, firm, partnership, or corporation, in
connection with, arising out of, or relating to the issuance of this license.
2.5 The TOWN does not waive, nor shall anything herein be construed as a waiver of,
any of the rights, privileges, or immunities granted to it under the Colorado
Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as amended.
ARTICLE 3.0 — RUNNING OF BURDENS. This instrument is intended as a license coupled
with an interest. All provisions of this instrument, including all burdens, shall run with the lands
of the LICENSEE, and are binding upon and shall inure to the benefit of the heirs, assigns,
successors, and personal representatives of the LICENSEE. The license granted herein shall
be appurtenant to the lands of LICENSEE and may not be transferred, assigned, or conveyed
apart or separately from such lands.
ARTICLE 4.0 — INTEGRATION AND AMENDMENT. This Agreement represents the entire
Agreement between the parties and there are no oral or collateral agreements or
understandings. This Agreement may be amended only by an instrument in writing signed by
the parties. If any provision of this Agreement is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of this
Agreement shall continue in full force and effect.
ARTICLE 5.0 — NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed
that enforcement of the terms and conditions of this Agreement , and all rights of action relating
to such enforcement, shall be strictly reserved to the TOWN and the LICENSEE, and nothing
contained in this Agreement shall give or allow any such claim or right of action by any third
party on such Agreement.
ARTICLE 6.0— NOTICE. Any notice to LICENSEE pursuant to this Agreement may be
delivered in person or sent by United States certified mail, return receipt requested, addressed
to LICENSEE at the address specified above or such other address as LICENSEE may
2 -
hereafter furnish to the TOWN in writing, and such notice shall be effective upon delivery or
three days after such mailing, whichever comes first.
LICENSEE
Kathryn Kingery Kerry Workman
Robert Workman Jason Dodson
Debra Dodson
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017, by Kathryn Kingery.
Witness my hand and official seal.
My Commission expires:
SEAL ) Notary Public
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017, by Kerry Workman.
Witness my hand and official seal.
My Commission expires:
SEAL ) Notary Public
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017, by Robert Workman.
Witness my hand and official seal.
My Commission expires:
3 -
SEAL ) Notary Public
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017, by Jason Dodson.
Witness my hand and official seal.
My Commission expires:
SEAL ) Notary Public
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017, by Debra Dodson.
Witness my hand and official seal.
My Commission expires:
SEAL ) Notary Public
Continued on following page)
4 -
TOWN OF FRASER
A Municipal Corporation
By:
Mayor
ATTEST:
Town Clerk
STATE OF COLORADO )
SS.
COUNTY OF GRAND
The foregoing instrument was acknowledged before me this day of
2017, by Philip Vandernail, as Mayor, and by Antoinette McVeigh, as
Town Clerk of the Town of Fraser, Colorado.
Witness my hand and official seal.
My Commission expires:
ALEGAL DESCRIPTION A
x 1-1,- /-IL
That part of an existing wood frame deck lying within a platted snow storage area for Whispering Pines II,Reccpuon
Number 2001-012065,Part of Section 20,Township 1 South,Range 75 West,6th P.M.,Town of Fraser,Grand County,
Colorado,described as follows:
Beginning at a point whence the northeast corner of Whispering Pines H bears N34-5949W for 14.71';
Mink Lane ( 50' )
0.$' LEGAL DESCRIPTION B Thence 546-55-18E for 4.87';
1.55
N89'46'24"E BLOCK RETAINING WALL
Thence S5S54-25Efor 17.SA';
111
0'
I \ \
2` Thence S45-38-15E for 1.91';
l Thence S42-30-29E for 0.37';
SS\\\N LEGAL DESCRIPTION A Thence along a curve to the right for 17.80',having a radius of 55.04'and a chord of N61-55-19W,17.73';44 o '%,...';',„..":„-„N.,_
Thence 537-21-07W for 1.85';
LB ...:04,....;!:*--....... 5' SNOW STORAGE
N 4 b _ REMOVAL EASEMENT Thence S8946-24Wfor 9.58';
7r,Thence N45-1047E for 3.93';
Thence S75-23-07E for 1.18';O00)srs21, EXISTING
TOWNHOME sTrtf. Thence N44-39-48E for 7.65',to the point of beginning.
OA. Thus containing 108 square feet.
t9sn LEGAL DESCRIPTION B
Of that part of a black retaining wall lying within Mink Lane right of way,Whispering Pines II,Section 20,Township 1
TSouth,
Range 75 West of the 6th P.M.,Town of Fraser,Grand County,Colorado,described as follows:
Wye E
e 4l'
OS
5 Beginning at the northeast corner of Whispering Pines II;
1 N6 X09 S89'45'56'W
Thence N45-05-31 W for 1.55';
S 64.97'
Cti, Thence S89-46-24W for 0.8'
1r'f1.
20 0 20 40 80 Is 11j, Thence 545-05-31E for 1.55',more or less,to a point on the south right of way boundary of Mink Lane;
GRAPHIC SCALE - FEET t: 4
D 1/2" REBAR (TYP) Thence N89-46-24E for 0.8'to the point of beginning.
KEY: 589'45'56"W
Thus containing 1 square feet.
SS - PLATTED SNOW STORAGE AREA 140.10'
BASIS OF BEARINGS: 589'45'56"W, per record BASIS OF BEARINGS
plat, along the south boundary of Private
Park, monumented as shown.
UNE TABLE Azimuth Survey CompanyLINELENGTHBEARING
Lt 14.71 N34'59'491W P.O.Box 653 Fraser,CO 80442
U 4.87 546'55'18-E land 970.726.7166 fax 800-725-2734 mobile 970-531-1120
1.3 17.58 555'54'25*E www.rockymountainsurveys.com
L4 1.91 545'38'151V wward122449comcast.net
I.5- 0.37 S42'30'291
L7 1.58 N589'46'241V9'46'2 1 DIAGRAM OF PART OF A DECKL69.58 SB9'46'24'W
L9 3.93 N45'10'47-E Whispering Pines IIL101.18 575'23'07-E 840 & 842 Mink Lake
L11 7.65 N44'39'48-E Town of Fraser, Grand County CO
CURVE TABLE Port of Sec. 20 T1S R75W 6TH PM
CURVE LENGTH RADIUS DELTA CHORD BRG CHORD
C1 17.80 55.04 18'32'00' S61'55'19-E 17.73
C2 40.30 50.63 45'36'26- 552'18'56'E 39.24 DATE: March 5, 2013 REV:03-12-13,04-0243,04-04-13
CC A I R•1 IN 111 1 rcwr RY•11,1W Vlt•11 SAIVIAW