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HomeMy WebLinkAboutcoa.pi.126 Park Ave.1999 A'.... / .,' ~. PUBLIC IMPROVEMENTS AGREEMENT BETWEEN THE CITY OF ASPEN AND WHEREAS, AeJA P. ,4uA1~ JdTL property located at (street address) l7..b ~~ ~ , ( description) -:S~ &,x/f-f&tT A ~ (hereinafter "OWners"); and WHEREAS, OWner has recently received land development approval(s); and WHEREAS, OWner's property may benefit from future public improvements such as storm drainage systems, street lighting, sidewalks, curbs and gutters, and similar public improvements for future construction; and is_owner(t:) of the real (and legal of property , Aspen, Colorado, ~ WHEREAS, these improvements serve entire neighborhoods and areas greater than a single property and therefore are impractical for individual property owners to design and construct; and WHEREAS, the City Engineer does not recommend the construction of such improvements at this time due to existing improvements or conditions. NOW, THEREFORE, the parties agree as follows: I. Owner agrees to join future improvement district(s) established to plan, design, and construct such public improvements and to financially participate on a pro rata basis as may be established by an assessment formula to include property area, property frontage, per each property, or other basis of assessment, as appropriate, as determined by the City Council acting as a Board of Assessmentin accordance with the City Charter or Colorado State law. 2. In the alternative, at the City's option, the City may construct the above improvements and owner shall reimburse the City for all costs of such construction on a pro rata basis established by an assessment formula. Reimbursement shall be made to the City within ninety (90) days after receipt of invoice. In the event of failure to pay, the cost shall be placed as a lien against the property to run with the land. ~ IMPRDST~.OOC 11102198 1 OF 2 1/1111I1111I1111I11111111111I111111111111/ 11111 1111 Illr 429001 03/22/1999 12:58P AGREEMEN DAVIS SILVI 1 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO ~.-... ~~. /" ~ 3. This agreement shall be binding and shall inure to the benefit of the heirs, assigns, and successors in title of the parties hereto. This agreernent shall run with the land and shall be recorded to provide noti"Ce to subsequent owners of the prqperty. Entered into this)/frdayof f~ ,19.tl... By: lfr'~r' State of Colorado ) fl QJ'\~a. County ofPHlen ) The foregoing instrument was acknowledged before me thi~ day ~'<UO.,n1 1513'1 ,byAr'i- VI ~ '-t t'')~ . ~ My commission expires: Address: Notary Public ~~'1<: ~6 ~~ 8~\t'~~. Cb €36\l\ CITY OF ASPEN, COLORADO, A Municipal Corporation Approved as to form: <---;'~i/' /7&~ r-- 111111I1111I1111I1/111 111111I111111111111I1111111111111 429001 03/22/1999 12:58P AGREEMEN DAVIS SILVI 2 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO lMPRIlST2.DOC 2 OF 2 UyCllllin' . 'jerplnla01l>>"at "',.... ~ EXHIBT "A" -----LEGAL DESCRIPTION PARCEL A: LOTS 1 AND 2,. BLOCK 7, RIVERSIDE ADDITION TO TilE ASPi:N, EXCEPTING TIfE SOUTIIERLY FIFTEEN (15) FEET 'PROPERTY. PARCEL D: A PARCEL OF LAND BEING PART OF LOTS 1, 2 AND 4, BLOCK 7, RIVERSIDE ADD-ITION TO THE CITY OF ASPEN, COLORADO, SIIID PARCEL IS HORE FULLY DESCRIDED AS FOLLOWS: DEGINNIIlG AT A POINT ON TilE WESTERLY LINE OF SAID LOT 1 WHENCE TilE SOUTHWESTERLY CORNER OF SIIIo LOT 1 BEARS 5 00014'00" W 15.51 FEET; THENCE S 00014.'00" W 23.00 FEET IILONG TilE WESTERLY LINE OF 51110 LOTS 1 AND 4; THENCE S 05"41'25" E 40.05 FEET; THENCE N 21"50'00" E 15.00 FEET TO A POHrr ON THE EASTERLY LINE OF SAID LOT 2; THENCE N 75006'00. W 47.00 FEET ON A LINE PIlRALLEL TO J\ND 15.00 FEET FROM TilE SOUTHERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL C: 'A TEN (10) FOOT STRIP ALONG TilE SOUTHERLY LINE OF LOT 9/ PROHONTORY SUBDIVISION, ASPEN, COLORADO, 'EXTENDING FROH TilE SOUTHWEST CORNER OF SAID LOT AT PIIRK AVENUE EASTERLY APPROXIMATELY TWENTY-FIVE tEET (25') TO TUE WEST SIDELINE OF A FIFTEEN FOOT (15') STRIP ALONG THE EASTERLY LINE OF SAID LOT PREVIOUSLY CONVEYED TO DR. RODERT BARNARD. PARCEL 0: BEGINNING AT THE RECITED NORTHEASTERLY CORNER OF LOT 2, BLOCK 7, RIVERSIDE ADDITION TO THE SOUTHWESTERLY CORNER OF AN EXCEPTION PARCEL RECITED IN BOOK 457 AT PAGE 136, PITKIN COUNTY ,~~~? ~~ ,~qR~ER'S OFFICE, BEING A REBAR AND CAP FOUND IN PLACE' BE:IIRS NilSl1ittb.s" IE I ;hWISTANCE OF 17.55 fEET; THENCE N 75"06'00" W ALONG THE NOR1',H,Jl~U~IQ?<Jf,1{ LfIfl1hliltF\.SAID LOT 2, BLOCJ( 7, A DISTANCE OF 32.48 FEET; THENCE NI~lIt~5J~~l:"jE, ~Gl.~~.. lrHE WESTERLY LINE OF THE EIISTERLY 15.00 FEET OF LOT 9, ~11,OCI,'i.;1 ",,~~OMO.vT,QJi}!::r~pBoIVISIOl:l A DISTANCE OF 13.77 FEET TO A POINn ~"'lf~'Nr:j::~:d,~'''iINii'Pi~1'{''i;.?i-j~INE; THENCE ALONG SAID FENCE LINE THE FOLLOWING Twd (2T!cl5lJn:t~;!S'~"7"0'6'iO" E A DISTJ\NCE O? 4.44 FEET; THEHCE S 50"49'49" E A DISTANCE OF 28.10 FEET TO A POINT ON THE SOUT!~RLY BOUNDARY OF LOT 7, BLOCK 1, PROMONTORY SUBDIVISION; THENCE ALONG S~D SOUTHERLY BOUNDARY LINE S 77"45'35" E A DISTANCE OF 5.37 FEET; THENCE S 21"50'00. W ALONG THE RECITED EXTENSION OF TIlE EASTERLY BOUNDARY LINE OF LOT 2, BLOCK 7, RIVERSIDE ADDITION TO THE CITY OF ASPEN A DISTANCE OF 3.19 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAININ~ 282.0 SOUARE FEET, MORE OR LESS. " '" ,. CITY AND TOWNSITE OF OF SAID ADOVE DESCRIBED COUNTY OF PITKIN, STATE OF COLORADO. 1111111111111111111111111111I11111111111111111111111111 429001 03/22/1999 12:58P AGREEMEN DAVIS sILVI 3 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO '-_.--_.~._..._."'_"_'_'_' ._----------------_.._--_.~._--- -.--/ Schedule Page No. Q35.1.Q99.004QI2 nRIGINAL (.jho.nl)',