HomeMy WebLinkAboutordinance.council.005-16 RECEPTION#: 629561, 05/25/2016 at
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1 OF 49, R $251.00 Doc Code
AGREEMENT
Janice K. Vos Caudill, Pitkin County, CO
CITY OF ASPEN
WATER SERVICE AGREEMENT
(Existing Development Outside City Limits)
This Water Service Agreement is entered into this •/� day of 2016,
{ in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal c rporation and
home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the
Q "City"), and the following owners of lots within Rubey Subdivision: HBaar, LLC, a Colorado
limited liability company (HBaar); Red Mountain Estates LLC, a Colorado limited liability
company (RME); Marian Rubey Trust (MR Trust); Lot 4 Rubey Subdivision, LLC, a Colorado
S limited liability company (L4RS); and Hunter Curtis Baar, Robert Neal Rubey Trust (RNR
v Trust), and MR Trust (as to an undivided one-fourth interest each) and Robert Bonner Rubey,
Karen Rubey Devlin, and Catherine Bonner Rubey McMurtry (each as to an undivided one
twelfth interest) and Marian Neal Rubey Davis ("Ms. Davis") (hereinafter each an "Owner" and
collectively the"Owners").
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RECITALS
A. The City owns and operates the City of Aspen water system in accordance
with the laws of the State of Colorado, and in accordance with the charter, ordinances,
rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is
entered into in conformity with, and subject to, such charter, and all such ordinances,
n— � rules, regulations, policies and resolutions.
B. HBaar is the owner of the remainder interest in the property described as
fi Lot 1, Rubey Subdivision according to the Final Plat of Rubey Subdivision recorded in
O � Plat Book 5 at Page 41 ("Original Plat"), as amended by the Amended Final Plat of Lot I
Rubey Subdivision recorded in Plat Book 41 at Page 9, as further amended by the 1041
Hazard Review Site Plan and Amended Plat of Lot 1, Rubey Subdivision recorded in Plat
Book 85 at Pages 58-59, and as further amended by Second Amended Activity Envelope,
Site Plan and Plat of Lot 1 recorded in Plat Book 90 at Page 38 all of the Pitkin County
Clerk& Recorder's Office ("Records") ("Lot I").
O `G
J C. RME is the owner of the property described as Lot 2, Rubey Subdivision
L_ according to the Original Plat, as amended by the Amended Final Plat of Lot 2, Rubey
Subdivision recorded in Plat Book 36 at Page 76, and as further amended by the 1041
Hazard Review Site Plan and Amended Plat of Lot 2, Rubey Subdivision recorded in Plat
v� Book 85 at Pages 60-61 of the Records ("Lot 2").
I �
D. MR Trust,is the owner of the remainder interest in the property described
as Lot 3, Rubey Subdivision according to the Original Plat,as amended by the 1041 Hazard
RubrySubdivBion Water Servl[e Agreement - � 1111111 VIII VIII VIII VIII VIII VIIIIIIIIIIIIIIIIIIIIIII VIIIIIIIIIIII IIII
RECEPTIONM 639279, R:$258.00, D: $0.00
DOC CODE:AGREEMENT
Pg 1 of 50,06/20/2017 at 03:14:42 PM
Janice K.Vos Caudill, Pitkin County, CO
C
Exhibit D
Water Service Agreement
(Existing Development Outside City Limits)
Current ECUs and Fees Paid for Each Lot
I. Lot 1: 334 Red Mountain Road Aspen, CO 81611 (CDU)
332 Red Mountain Road Aspen, CO 81611 (Cabin)
Existing service: The City of Aspen has previously entered into agreements to provide water
service to Lot 1: the first in 1982 for 1 "EQR" and a'/4 inch tap; the second in 1996 for 1.18
ECU and a second 114 inch tap; and the third for an additional 1/10th of an ECU purchased in
2009 when the caretaker dwelling unit was increased by 300 square feet. All of the
applicable connection and utility investment fees (tap fees) were paid at those times.
Specifically, Lot I has purchased 1 ECU in 1982 for $3,700; L 18 ECU in 1996 for
$11,628.90; and 0.10 ECU in 2009 for $985.50. Thus, Lot 1 has purchased a total of 2.28
ECUs for $16,314.40 for existing water service.
2. Lot 2: 362 Red Mountain Road Aspen, CO 81611
Existing service: The City of Aspen credited Lot 2 with cash credit and a'/4 inch tap in the
1984 Easement Agreement recorded in Pitkin County in Book 468 Page 840, valued at
$11,086.88 for 0.75 EQR (1 EQR= 1.5 ECUs). The total current ECU demand for Lot 2 is
1.86.
3. Lot 3: Red Mountain Road Aspen, CO 81611
No existing service. Lot 3 receives no pre-existing tap fee credit.
4. Lot 4: Red Mountain Road Aspen CO 81611
No existing service. Lot 4 receives no pre-existing tap fee credit.
5. Lot 5: 322 Red Mountain Road Aspen, CO 81611
Existing Service: The City of Aspen has continuously served Lot 5 for more than 50 years.
The total current ECU demand for Lot 5 is 2.84. There is a $700 equivalent credit for Lot 5
based upon the 1967 water line expansion agreement and exclusion of any additional tap
fees at that time for William Rubey to tap into the expanded system.