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HomeMy WebLinkAboutresolution.council.034-93 - ~. i,M,,',' [I \\, -'" '.. II' lY"" I~j ~. ~.;" \\\ 'a ''1_ 40,,f.2A--J ;JJ-f..7 RESOLUTION NO. 3L\- (Series of 1993) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING CONSENT TO THE ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNDER THAT CERTAIN WATER SERVICE AGREEMENT ENTERED INTO BETWEEN THE CITY OF ASPEN AND THE CASTLE CREEK VALLEY RANCH PARTNERSHIP DATED DECEMBER 20, 1991. WHEREAS, on December 20, 1991, the city of Aspen and the Castle Creek Valley Ranch partnership ("CCVRp") entered into a water service agreement to provide water services to that development commonly known as Castle Creek Valley Ranch situate in pitkin County; and WHEREAS, Section 16 of said water service agreement allows for the assignment of the rights and interests of CCVRP to future owners of the property served by the agreement upon the consent of the city; and WHEREAS, having been informed of the premises and finding good cause. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that it does hereby consent to the assignment of the rights and obligations of the Castle Creek Valley Ranch partnership under the city of Aspen-Castle Creek valley Ranch Partnership Water Service Agreement, dated December 21, 1991, to the Castle Creek Valley Ranch Homeowners' Associa- tion, subject to the condition that the obligations as contained in the agreement shall continue to run and be a burden upon all of the land as comprises the development, and as more specifical- ly identified in "Exhibit A" attached and incorporated in the --- il't",,:~,', ~.. '\. ~.. w. , \~ '\,,, ~.: l~ %\\!!~ agreement, and that the city Manager is hereby authorized to execute all documents necessary to effectuate the assignment as approved herein. RESOLVED, APPROVED AND ADOPTED this ~?' day of ~~ ' 1993, by the city council for the city of Aspen, Colorado. ()4 '7- B~ John S. Benne'tt, Mayor I, Kathryn S. Koch, duly appointed and acting city Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the city council of the city of Aspen, colorado, at a meeting held ~~~ , 1993. .~, .xi ,~t:? -A ci ty Clerk- jC56,2 2 ~'," " '(- ~" e', , \~. . - ( ( IWJ@ ~ IT w~ JW ,,_/ .JUI\I 11993 CORRECTION ASSIGNMENT This Assignment document made and entered int<6lthis ,J.,sj;., 9.~:i; ,pf; June, 1993, by and between the Castle Creek Valley Ra~~F~~Etner- ship and Castle Creek Valley Ranch Homeowners' Association, Inc. shall constitute an amendment and correction of that certain Assignment recorded at Book 711, page 911 as Reception No. 356792, of the pitkin county records. 1. The terms, conditions, benefits and Assignment recorded at Book 711 Page hereby incorporated by reference Assignment. burdens of that certain 911 referenced above are within this correction 2. The parties hereto expressly agree and hereby acknowledge that all benefits, burdens, obligations, terms and conditions of that certain city Water Agreement recorded May 12, 1993, at Book 711 Page 911, pitkin county records, shall benefit, burden and run with all land within the Castle Creek Valley Ranch PUD Subdivision. Dated this 1st day of June, 1993. Assignor: CASTLE CREEK VALLEY RANCH PARTNERSHIP, a Colorado general partnership: By: Holste1 Investment Corp., a colorado corporation, a General Partner, by Phil ip M. Holst 'n, Jr., president Date 19> Accep Assignment: CASTLE CREEK VALLEY RANCH HOMEOWNERS' ASSOCIATION j\""" ~A~ C\s //~.~-.a.'-...:, ~. '\ ~~(,'N C--,-,eR.\<- \ \:6~ (- ( STATE OF COLORADO SS. COUNTY OF PITKIN The foreg ing instrument was acknowledged before me this W day of , 1993, by Philip M. Holstein, Jr., as President of lstein Investment Corp., a Colorado corporation, a General Partner of Castle Creek Valley Ranch Partnership, a Colorado general partnership. witness my hand and official seal. My Commission expires: r3/a1/C;'5 , I . ! ~t?fi lll~!& STATE OF COLORADO SS. COUNTY OF PITKIN ore me this Iff day of 0" j)f fJ , _, as authorized officer~e Creek Valley Ra ch Homeowne ssociation, as Assignee. witness my hand and Officiil S(,11. My Commission expires: ~1,q7 5 I l {!;.bIt~!rZI1~ otary PubllC 0141ADMD.05 2 . ~ W' e, , Nr fJ - ~,~~-