HomeMy WebLinkAboutresolution.council.030-99
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RESOLUTION NO. ~
(Series of 1999)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY
KNOWN AS THE "MOORE FAMILY PUD"; FINDING SUBSTANTIAL COMPLIANCE WITH
SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A
PUBUC HEARING TO DETERMINE COMPUANCE WITH SECTIONS 31-12-104 AND 31-
12-105, C.R.S.; AUTHORIZING PUBUCATION OF NOTICE OF SAID HEARING; AND
AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA
PROPOSED TO BE ANNEXED.
WHEREAS, on March 29, the City Manager of the City of Aspen on behalf of the City of
Aspen, the James E. Moore Family Partnership, LLLP, Mark B. Whitson, the Astri Corporation,
Thomas H. Bailey, Robert M. and Nancy L. Beevers, the Zoom Flume, LLC., Kevin L. Patrick, and
Patricia D. Bukur, constituting one hundred percent of the owners of the property proposed to be
annexed, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to
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the City of Aspen, whereby real property described in Exhibits "A", "B", "C", and "D",
appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen;
and
WHEREAS, Section 31-12-104, c.R.S., allows contiguity to be extablished by the
annexation of one or more parcels in a series, which annexations may be completed simultaneously
and considered together for purposes of requisite public hearings, and the annexation impact report
required by Section 31-12-108.5, C.R.S.; and
WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a
communication to the City Council for appropriate action. to determine if the petition is
substantially in compliance with Section 31-12-107, C.R.S.; and
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.r---. WHEREAS, the petition, including accompanying copies of four annexation maps, have
been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.R.S.; and
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a
petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
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Section 1
That the Petition for Annexation of territory to the City of Aspen is hereby found and
detennined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby detennines that it shall hold a public hearing to detennine if
the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish
whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of
1965, as amended; said hearing to be held at a regular, meeting of the City Council of the City of
Aspen at 5:00 o'clock p.m. on the 24th day of May, 1999, in Council Chambers at City Hall, 130 S.
Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days
after the effective date of this resolution).
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Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council, the
City Council shall hold a hearing upon said resolution of the City of Aspen for the pUIpose of
determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper
of general circulation in the area proposed to be annexed. The first publication of such notice shall
be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall
be returned when the publication is completed, and the certificate of the owner, editor, or manager
of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution
r- and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of
County Commissioners and to the County Attorney of Pitkin County and to the Aspen School
District at least twenty days prior to the date fixed for such hearing.
Section 4
That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate
appropriate zoning procedures with regard to the territory proposed to be annexed, and to prepare
and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.R.S.,
to the Pitkin County Board of County Commissioners at least twenty five (25) days prior to the date
established for a public hearing..
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INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
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/.~ dayof ~)i:j~; 1999.
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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 ameeting held on the day hereinabove stated.
JPW-03/29/99-G:\john\word\resos\moore-ann-resol.doc
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PETITION FOR ANNEXATION
"The Moore Family PUD"
WHEREAS, the James E. Moore Family Partnership, LLLP and the City of Aspen
entered into that certain Water Service Agreement, dated August 10, 1998, and recorded at the
Office of the Pitkin County Clerk and Recorders Office as Reception Number 420481; and
WHEREAS, said Water Service Agreement contains a provision regarding the
annexation of the service area (the Subject Property as defined in the Water Service Agreement)
into the City of Aspen upon the terms and conditions set forth therein; and
WHEREAS, the City of Aspen is the owner of Lot 1, Parcel A, Moore Family Parcel "A"
Subdivision Essential Community Facilities Exemption Plat, all within the area described herein
as the Subject Property; and
WHEREAS, Lot 2, Parcel A, Moore Family Parcel "A" Subdivision Essential
Community Facilities Exemption Plat and Open Space Areas 1 through 11, Moore Family PUD
are owned by the Moore Family PUD Master Association, Inc., all within the area described
herein as the Subject Property; and
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WHEREAS, the James E. Moore Family Partnership, LLLP owns Block B of the Moore
Family PUD, Inc., all within the area described herein as the Subject Property; and
WHEREAS, Kevin L. Patrick and Patricia D. Bakur own Lot 29, Block G, Moore Family
POO according to the Final Plat thereof, all within the area described herein as the Subject
Property; and
WHEREAS, Mark B. Whitson owns Lot 30, Block G, Moore Family POO according to
the Final Plat thereof, all within the area described herein as the Subject Property; and
WHEREAS, Astri Corporation owns Lot 36, Block G, Moore Family PUD according to
the Pinal Plat thereof, all within the area described herein as the Subject Property, and
WHEREAS, Thomas H. Bailey owns Lot 37, Block E, Moore Family POO according to
the Final Plat thereof, all within the area described herein as the Subject Property; and
WHEREAS, Robert M. Beevers and Nancy L. Beevers own Lot 32, Block G, Moore
Family PUD according to the Final Plat thereof, all within the area described herein as the
Subject Property; and
WHEREAS Zoom Flume, LLC owns all of the remaining property in the Moore Family
POO and will make all conveyances of the remaining property subject to this Petition for
Annexation; and
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elfi'Hines.Moore PropertylPetition for Annexation
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Revised: 0 l/26/99
r- WHEREAS, a plat of the Subject Property proposed to be annexed has been recorded
with the Pitkin County Clerk and Recorder's Office in Plat Book 45, at Page 81; and in Plat Book
45, at Page 79; and
WHEREAS, pursuant to the provision of the Water Service Agreement relating to
Annexation, the City of Aspen has requested that the owner(s) of the Subject Property petition
the City of Aspen for annexation of the Subject Property; and
WHEREAS, the above mentioned parties desire to annex the parcels within the Subject
Property which they each own.
NOW, THEREFORE, the undersigned, owners of 100% the property described in
Exhibits "A", "B", "C", and "D" appended hereto and by this reference made a part hereof,
and in accordance with Article 12, Chapter 31, C.R.S. as amended, hereby petition the City
Council of the City of Aspen, Colorado, for annexation to the City of Aspen the unincorporated
real property more particularly described below, to be known as "Moore Family PUD
Annexation", subject to the terms and conditions of the Water Service Agreement and in support
of said Petition, petitioners allege that:
I. It is desirable and necessary that the territory described in Exhibits "A", "B"1 "C",
and "D" attached hereto be annexed to the City of Aspen, Colorado.
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2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed and
the City of Aspen, Colorado.
4.
future.
The territory proposed to be annexed is urban or will be urbanized in the near
5. The territory proposed to be annexed is integrated or is capable of being integrated
with the City of Aspen.
6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said
landowners attesting to the facts and agreeing to the conditions herein contained will negate the
necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a point on
the municipal boundary, as such was established less than one year from the date of this Petition.
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8.
district.
The proposed annexation will not result in the detachment of area from any school
elt7Hines-Moor.e PropertylPetition for Annexation
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Revised: 01126/99
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9. The mailing address of each signer, the legal description of the land owned by the
signer as legal representative of the owner, and the date of signing of each signature are all
shown on this Petition.
10. Attached to this Petition as Exhibits "E", "F", "G", and "H" and by this
reference incorporated herein are annexation maps containing the information required by
Section 31-12-107(I)(d), C.R.S.
II. The territory to be annexed is not presently a part of any incorporated city, city
and county, or town.
Dated: 7/20; / c; ~
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By:
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Manager
Dated: !!t~!11 ZOOM FLUME, L.L.C,
/ a Delaware limited liability company,
by HINES INTERESTS LIMITED PARTNERSHIP,
a Delaware limited partnership, as Managing Member,
by HINES HOLDINGS, INC.,
a Texas corporation, eneral Partner
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By:
Robert E. Daniel, Jr., Vice President
Dated: / /lrJ~N James E. Moore Family Partnership, LLLP
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By: ~
Thomas A. Moore, General Partner
Dated: 1/J~/q1 ter Association, Inc. Wt
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By:
Robert E. Daniel, Jr., President
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elf/Hines..Moore PropertyIPetition for Annexation
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Revised: 01126/99
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Dated:
Dated:
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elt7Hines~Moore Property/Petition for Annexation
Astri Corporation
By:
CONSENT ATTACHED
Fred Alessi, President
~pa'
Patricia D. Bukur
CONSENT ATTACHED
Mark B. Whiston
CONSENT A TT ACHED
Thomas H. Bailey
CONSENT ATTACHED
Robert M. Beevers
CONSENT ATTACHED
Nancy L. Beevers
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Revised: 01126/99
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LIST OF OWNERS NAMES AND MAILING ADDRESSES:
Amy Margerum, City Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611-1975
facsimile: 970-920-5119
Dwayne Romero
c/o HINES INTERESTS, L TD
426 East Main Street
Aspen, CO 81611
facsimile: 970-920-3955
Robert E. Daniel, Jr.
HINES INTERESTS, LTD.
426 East Main Street
Aspen, CO 81611
facsimile: 970-920-3955
Fred Alessi, President
Astri Corporation
4701 W. Comanche Avenue
Tampa, FL 33614
Thomas A. Moore, General Partner
c/o James Moore
Minor & Browne, P.C.
650 South Cherry St., Ste.l100
Denver, CO 80246
facsimile: 303-320-6330
Kevin L. Patrick & Patricia D. Bukur
730 East Durant Street
Aspen, CO 81611
Mark B. Whiston
269 Madison Street
Denver, CO 80206
Thomas H. Bailey
620 E. Cooper
Aspen, CO 81612
Nancy and Robert Beevers
1047 Saxony Drive
Highland Park, IL 60035 .
elfi'Hjnes~Moore PropertylPetition for Annexation
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Revised: 01/26/99
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EXHIBIT "A"
ANNEXATION PARCEL NO.1
A parcel of land situated in the Sl/2NE1/4 of Section 14, Township 10 South, Range 85 West
of the 6th Principal Meridian, said parcel being more particularly described as follows:
Commencing from the E1/4 comer of said Section 14, The True Point of Begirming; thence
N89040'51"W 2633.91 feet to the C1I4 of said Section 14; thence NOoo15'39"W 1309.65 feet
along the easterly boundary line of the Aspen Highlands Subdivision, said boundary line also
, being the north-south center section line of said Sectiort14 to the CN1/16 comer of said .
Section 14; thence N89054'18"E 1320.68 feet to the NElI16 comer of said Section 14; thence'
N89054'18"E, 1320.59 feet along the southerly boundary line of the Meadowood Subdivision
Filing No.1, to the NlI16 comer between said Section 14 and Section 13; thence
SOoo03'43"W 1328.69 feet along the easterly boundary of said Section 14, said boundary line
also being the southerly boundary line of the City Water Plant Annexation No.3, to the Point
of Beginning, said Parcel containing 79.875 acres, more or less.
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EXHIBIT liB" .
ANNEXATION PARCEL NO.2
A parcel of land situated in the N1/2SE1I4 of Section 14, Township 10 South, Range 85 West
of the 6lh Principal Meridian, said parcel bein~ more particularly described as follows:
Commencing from the E1I4 comer of said Section 14, The True Point of Beginning; thence
SOOOI5'53"W 1361.77 feet to the SI/16 comer between Sections 13 & 14; thence
N89007'53"W 1310.90 feet to the SElI16 corner of said Section 14; thence N89007'53"W
1310.90 feet to the CSlI16 corner of said Section 14; thence N00015'39"W 1336.71 feet along
the easterly boundary line of the Aspen Highlands Village P. U.D., said boundary line also
being the north-south center section line of said Section 14 to the C1I4 of said Section 14;
thence leaving said north-south center section line of said Section 14 S89040'51"E 2633.91 feet
along the southerly boundary of the Moore Family P.U.D. Annexation No.1, to the Point of
Beginning, said Parcel containing 81.390 acres, more or less.
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EXHIBIT "C"
ANNEXATION PARCEL NO.3
A parcel of land situated in the NW1I4NEl/4 of Section 14 and the SWl/4SE1I4 of Section
11, Township 10 South, Range 85 West of the 6th Principal Meridian, said parcel being more
particularly described as follows;
Commencing from the N1I4 corner of said Section 14, said point being on the easterly
boundary line of the Aspen Highlands Subdivision; The True Point of Beginning; thence
N00007'23"W 62.53 feet to a point on the southerly boundary line of a parcl!l of land owned
by the Aspen School District; thence the following 6 (six) courses around the south easterly
boundary of said parcel:
1. 97.61 feet along the arc of a curve to the right having a radius of 160.00 feet and a
central angle of 34057'15", and a chord bearing S52050'28"E 96.10 feet; thence
2. S35021 '50"E 296.72 feet; thence
3. 31.42 feet along the arc of a curve to the left having a radius of 20.00 feet and a
central angle of 90000'00", and a chord bearing S80021 '50"E 28.28 feet; thence
4. N54038'1O"E 8.99 feet; thence .
r-\ 5. 15.33 feet along the arc of a curve to the left having a radius of 35.00 feet and a central
angle of 25006'09", and a chord bearing N42005'05"E 15.21 feet; thence
6. S73042'51"E 220.93 feet; thence S89055'48"E 819.93 feet to a point on the westerly
boundary line of the Meadowood Subdivision Filing No.1; thence SOoo06'08"E 1045.43 feet
along said westerly boundary line to the NEl/16 corner of said Section 14; thence .,
S89054'18"W 1320.68 feet along the northerly boundary line of the Moore Family P.D.D.
Annexation No.1, to a point on the north-south center section line of said Section 14, the
CNlI16 corner of said Section 14; thence NOooI5'39"W 731.32 feet along said north-south
section line, Sflid line also being on the easterly boundary line of the Aspen Highlands
Subdivision, to the southwest corner of a parcel of land owned by the Church of Jesus Christ,
Real Estate Division; thence leaving said north-south line and the easterly boundary of Aspen
Highlands Subdivision S73059'09"E 447.05 feet; thence the following 5 (five) courses around
said parcel of land owned by the Church of Jesus Christ, Real Estate Division; thence
N19030'39" feet; thence N35055'39"W 120.00 feet; thence NI9005'39"W 140.00; thence
N33015'39"W 115.00 feet; thence N73059'09"W 210.00 feet to a point on said easterly
boundary line of Aspen Highlands Subdivision; thence NOOOI5'39"W 202.50 feet along said
easterly line to the Point of Beginning, said Parcel of land containing 30.229 acres, more or .
less.
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EXHIBIT "D"
ANNEXATION PARCEL NO.4
A parcel of land situated in the NWl/4NEl/4 of Section 14 and the SWl/4SEl/4 of Section
11, Township 10 South, Range 85 West 'of the 6th Principal Meridian, said parcel being more.
particularly described as follows;
Commencing from the E1/16 corner common to said Section 14 and Section 11, said point
being on the westerly boundary line of the Meadowood Subdivision, the True Point of
Beginning; thence Sooo06'08"E 287.07 feet along said westerly boundary line to a point on the
northerly boundary line of the Moore Family P.U.D. Annexation No.3; thence N89055'48"W
819.39 feet to a point on the southeasterly boundary of a parcel of land owned by the Aspen
School District; thence the following 10 (ten) courses around the southeasterly boundary of
said parcel:
1. N31002'40"E 261.92 feet; thence
2. NOoo04'OO"W 856.36 feet; thence
3. N44005'00"E 65.02 feet; thence
4. 254.18 feet along the arc of a curve to the left having a radius of 570.00 feet and a
central angle of25033 '00", and a chord bearing N31018'29"E 252.08 feet; thence
1"""'\. 5. 247.77 feet along the arc of a reverse curve to the right having a radius of 630.00 feet
and a central angle of 22032'01", and a chord bearing N29047'59"E 246.18 feet; thence
6. N41004'00"E 88.00 feet; thence
7. 136.08 feet along the arc of a curve to the right having a radius of 180.00 feet and a
central angle of 43018'56", and a chord bearing N62042'32"E 132.86 feet; thence
8. N84022'00"E 118.50 feet; thence
9. 67.41 feet along the arc of a curve to the left having a radius of 45.00 feet and a central
angle of 85049'45", and a chord bearing N41,o26'52"E 61.28 feet; thence
10. N01028'00"W 14.00 feet to a point on the southerly right-of-way of Maroon Creek
Road; thence N87058'34"E 53.97 feet along said southerly right-of-way line to a point on the
westerly boundary line of the Meadowood Subdivision Filing No.2; thence SOoo04'01 "W
1471.13 feet along said westerly line to the E1/16 corner between said Section 14 and Section
11, the Point of Beginning, said parcel of land containing 24.167 acres, more or less.
g:\john\word\moore's exhibits a--d
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Only the applicable pages of the Moore Family Sales Contracts are attached hereto and provide for
the Consent to Annexation by the Purchaser and current Owners of the Moore Family PUD. (See
Paragraph 20(a) of Alessi, Prinster, Whiston, and Beevers Sales Contract(s); and see Paragraph 18
ofPatrick Sales Contract) The purchase price (set forth in paragraph 2 of the Sales Contract) has
been excised.
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MEMORANDUM
Aspen - 50 Years After Goethe
Mind - Body - Spirit
TO: Mayor and Members of Council
FROM:
John P. Worcester ~
DATE:
March 29, 1999
RE:
Moore Family PUD . Resolution to Initiate Annexation
. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .
Attached for your consideration is a resolution which, if adopted, would initiate annexation
f' proceedings for the Moore Family PUD property. The owners of the property filed an annexation
petition with the City Clerk on March 29, 1999.
The Moore Family PUD property is the property which is being developed by the Moore Family
and also the property recently purchased by the City for ball fields. The property proposed to be
annexed is being proposed to be annexed in a series of four separate parcels. In other words, a
single parcel that meets the contiguity requirements will be annexed immediately followed by the
other three in series. Actually, the law in Colorado was recently changed to allow series in
annexations to proceed simultaneously so there will only be a single annexation ordinance and a
single hearing to determine compliance with the Annexation Act.
This office and the Engineering Department have determined that the petition complies with the
technical requirements for a petition pursuant to state annexation laws. According to state law, the
next step in the annexation process is for Council to set a date for a hearing, no less than 30 days
nor more than 60 days after the effective date of the attached resolution setting the date for the
public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12-105,
c.R.S.
Section 31-12-104 of the Colorado Revised Statutes requires:
(a)
That not less than one-sixth of the perimeter of the area to be annexed is contiguous
with the annexing municipality. ...
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and
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(b) . That a community of interest exists between the area proposed to be annexed and
the annexing municipality; that said area is urban.or will be urbanized in the near
future; and that said area is integrated with or is capable of being integrated with the
annexing municipality. ...
Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the limitations
in the statute appear to prevent this annexation (limitations on dividing land held in identical
ownership, commencement of annexation proceedings for annexation to other municipalities,
detachment of area from a school district, prohibition against extending city limits beyond three
miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire
widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so
Council can make those specific findings.
Before these parcels can be annexed into the City the following steps must take place:
(a) A hearing before Council to determine compliance with Sections 31-12-104 and 31-
12-105, C.R.S. as described above.
(b)
Land Use approvals needed to authorize an All project, including rezoning needs to
be established through P&Z which will then make a recommendation to CounciL
(The Ordinance establishing the zoning can be acted on at the same time the
annexation ordinance is adopted.)
Adoption of the attached resolutions will cause staff to continue working on the above described
steps. Once the steps are completed, two ordinances will be presented to Council to formally annex
the area into the City.
REQUESTED ACTION: A motion to adopt Resolution No. 3:? ,Series of 1999.
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CONTRACT FOR THE SALE AND PURCHASE
OF A HOMESITE IN THE MOORE FAMILY PUn.
ASPEN. COLORADO
)/N~~ /3 ,199~
1. AGREEMENT. The undersigned person(s), Fred Alessi and! or assigns
iBuyer") herebyagree(s) to buy the following.described property ("Property"), and the
undersigned owner, ZOOM FLUME, L.L.C., a Delaware limited partnership, whose
address is P.O. Box 5115, Aspen, Colorado 81612, hereby agrees to sell the Property
on the terms and conditions stated herein: .
Lot 36 . Block G , MOORE FAMILY POO, according to the Plat thereof
recorded on August 10, 1998, in Plat Book 45 at Page 81, County of Pitkin,
State of Colorado, and according to the Master Declaration For Moore Family
P~, recorded on August 10, 1998, at Reception No. 420466, together with and
subject to all easements, rights-of-way reservations, and other encumbrances of
record.
2. PURCHASE PRICE. The purchase price shall be:
. Dollars($ . (the "PurchaSe Price"), payable as follows:
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(a) An earnest money deposit equaling ten percent (10%) of the
Purchase Price for the Property shall be paid to Land Title Guarantee Company
("Escrow Agent") simultaneously with execution hereof, in the form of a personal check
or local cashier's check.
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(b) The earnest money payment received frOIIl Buyer hereunder shall
be placed by Escrow Agent in a federally insured interest bearing escrow account, and
interest earned thereon shall accrue for the benefit of Buyer, unless Buyer defaults
under the terms of this Contract, in which case, interest earned thereon shall accrue
to the benefit of Seller. For tax reporting purposes, Buyer's Social Secu;;ity Number (or
Taxpayer Identification Number, if applicable) is To 6..... O~j.~w.v....!(..
(c) The balance of the Purchase Price, ,.
Dollars ($~___.___l subject to adjustm.ent for apportio=ents and
closing costs, shall be paid in cash at closing.
3. CLOSING COSTS; REAL ESTATE TRANSFER TAX. At closing, Seller shall
pay for preparation of the deed and for the owner's title insurance policy ("Title
Policy"), in an aIIlount equal to the Purchase Price of the Property, to be delivered to
Buyer by Land Title Guarantee Company (the "Title Company") within sixty (60) days
after closing, and any other customary closing fees charged to the Seller. Seller shall
'pay the Title Company's closing service costs.
At closing, Buyer shall pay all other customary buyer closing costs, and if the
Property has been anne.,ted to the City of Aspen as hereinafter, provided, Buyer shall
pay the real estate transfer tax imposed by the City of Aspen of (i) one-half of one
percent (.5%) of the Purchase Price, and (ii) one percent (1%) of the Purchase Price in
excess of the first $100,000.00, the documentary transfer fee, the tax certificate, all
recording fees for the deed of conveyance and Buyer financing documents, if any, and
any endorsements to the title policy requested by Buyer.
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shall utility easements encroach upon any building envelopes as identified on the
Final Plat, and that Seller shall have license to enter the Property as necessSIy for
work on installation of all infrastructure. Seller, at its sole cost and expense, shall be
responsible for building the roads, and for extending the utility lines as is provided in
subparagraph (2) above.
(4) In the event, however, Seller is unable to complete this
construction in a timely manner due to acts of God, defaults of contractors or
subcontractors or materialsmen, or other causes beyond the control of Seller, the date
for completion of such work shall be accordingly extended.
(5) After these utilities are actually constructed, Buyer shall be
responsible to pay for any costs of connection, tap fees or construction costs incurred
by Buyer in tapping into or connecting into these utilities. At Closing, Buyer shall
reimburse Seller $1,500.00 for the partial prepayment of sewer tap fees paid by Seller.
Buyer will be entitled to an assignment of that credit towards partial payment of the
tap fees, which will be due by the Buyer upon hookup.
(6) Seller shall maintain the right to store and stockpile dirt on
any Lot within Moore Family PUD during the construction of roads and utilities;
provided, however, that if the owner of the Lot is building a house ,at the time of the
construction of the road or utilities, the stockpiling will not be done in a manner which
would interfere with the house construction. This right to stockpile and store dirt
shall survive the closing, and shall be a burden which runs with the land until June,
1999, at which time said right shall expire.
(b) Water and Sewer Fees. Buyer acknowledges that there will be a
tap fee required by the City of Aspen and/or Aspen Consolidated Sanitation District
for hook"up, as well as on-going service fees, which Buyer shall pay subject to the
credit and reimbursement described above in Paragraph 19(a)(5).
"
(c) Utilitv and Road rin"rovement Districts. The Seller may form
districts for the road, drainage, and utility installation in the Moore Family PUD, and
Buyer expressly consents and agrees to execute all documents which may be required
for their creation, formation, and maintenance.
(d)S"ecia1 TlUdDl!: Districts. This notice is given in compliance with
Colorado Senate Bill 143, Section 38-35.7-10, effective as of July 1, 1992. "Special
taxing districts may be subject to general obligation indebtedness that is paid by
revenues produced from annual tax levies on the taxable property within such
districts. Property owners in such districts may be placed at risk for increased mill
levies and excessive tax burdens to support the servicing of such debt where
circumstances arise resulting in the inability of such a district to discharge such
indebtedness without such an increase in mill levies. Buyers should investigate the
debt financing requirements of the authorized general obligation indebtedness of such
districts servicing such indebtedness, and the potential for an increase in such mill
levies. "
20. ANNEXATION AND BUILDmG APPROVALS.
(a) Countv of Pitkin/Citv of As"en. Buyer aclmowledges that
Moore Family PUD is subject to an annexation agreement with the City of Aspen, to
which Buyer consents.
r- (b) Building; Permit. Buyer must obtain, at Buyer's expense, a
building permit from the Aspen/Pitkin County Building Department before Buyer may
build on the Property. Such building permit mayor may not be 'issued until the
infrastructure is completed.
6
~.. -.
(....
1"""'\
BUYER:
BUYER INFORMATION:
AI f,ud Af-esri
. ,
(Name Printed)
, ,1/1,", I I. I I ~o WI~"; c.k /J-II f..
~~sidence Address)
TAn1P4 F( 93fc/I.-J
(City, State and Zip Code)
(Mailing Address)
(City, State and Zip Code)
(-
(Signature)
(Name Printed)
(Residence Address)
(City, State and Zip Code)
(Mailing Address)
(City, State and Zip Code)
,r-'
SELLER ACCEPTS TmS CONTRACT TmS ,?-2;;t.:!. DAY OF ~..bv
,1995.
,/
SELLER:
ZOOM FLUME, L.L.C., a Delaware
limited liability company, by
HINES INTERESTS LIMITED
PARTNERSHIP, a Delaware limited
partnership, as Managing Member, by
HINES HOLDINGS, INC., a Texas
corporation, as General Partner
By: 'K:?: 1.2<
/h-
,
Robert E. Daniel, (date) Irl~1!>
Vice-President
Address:
P.O. BoX 5115
Aspen, CO 81612
Telephone: (970) 920-1710
Fax No. : (970) 920-3955
The undersigned Broker(s) acknowledges and confirms its broker relationship
as set forth in Paragraph 25(c).
!~
/
9
r-
I
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I"'""""'<
CONTRACT-FOR THE SALE AND PuRCHASE
OF A HOMESITE IN THE MOORE FAMILYP.U.D.,
AsPEN, COLORADO
August~ 1998
1. AGREEMENT. The undersigned person(s), Kevin L. Patrick and/or assigns ("Buyer'') hereby agree(s)
to buy the following described-property ("Property"), and the undersigned owner, ZOOM FLUME, INC.,
a Colorado corporation, whose address is 426 East Main Street, Aspen, Colorado 81611, hereby agrees to
sell the Property on the terms and conditions stated herein:
Lot 29, Block I, MOORE FAMILY P.U.D., according to the Plat thereof
recorded on . 1998, in Plat Book at Page ~ County of
Pitkin, State of Colorado, and according to the Master Declaration F ot The
Moore Family P.U.D., recorded on . 1998, at Reception No.
. together with and subject to all easements; rights-of-way
reservations, and other encumbrances of record.
2. PURCHASE PRICE. The purchase price shall be
($' ) (the "Purchase Price"), payable as follows: .
I"'"
(a)
An earnest money deposit equaling ten percent (10%) of the Purchase Price for the Prop;rty
shall be paid to Land Title Guarantee Company ("Escrow Agent") simultaneously with
execution hereof, in the form of a personal check or local .cashier's check. Within ten (10)
days of execution of this Contract by the Seller, the Buyer will replace all personal checks
with a local cashier's check or wire transferred funds. Failure to substitute personal checks
as provided will render this Contract null and void.
(b) The earnest money payment received from Buyer hereunder shall be placed by Escrow
Agent in a federally insured interest bearing escrow account, and interest earned thereon
shall aCCnle for the benefit of Buyer, unless Buyer defaul1s under the terms of this contract,
in which case, interest earned thereon shall accnle to the benefit of Seller. ror tax reporting
purposes, Buyer's Social Security Number (or Taxpayer Identification Number, if
applicable) is
(c ) The balance of the Purchase Price, Dollars
($ ), subject to adjustuient for apportionments and closing costs, shall be paid in
cash at closing.
3. CLOSING COSTS: REAl. ESTATE TRANSFER TAX. At closing, Seller shall pay for preparation of
the deed and for the ownets title insurance policy ("Title Jblicy"), in an amount equal to the Purchase Price
of the Property, to be delivered to Buyer by Land Title Guarantee Company (the "Title Company") within
f' sixty (60) days after closing, and any other customary closing fees charged to the Seller. Seller shall pay the
Title Company's closing service costs.
HECEiVED
AUG 1 7 1998
'''''=1 UIr.~1 ,,~.- ,. . .
~~..nI'r~"~'\~"'" ;; .__ _I.
0.
(d)
,~,
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(6)
SeIler shall maintain the right to store and stockpile dirt on any Lot within Moore.
Family P.U.D. during the construction of roads and utilities; provided,however, that
if the oWlier of the Lot is building a house at the time of the construction of the roa:!
or utilities, the stockpiling wiIl not be done in a lIBI111er which would interfel'e with
the house construction. This right to stockpile and store dirt shaIl survive the
closing, and shall be a burden which runs with the land untillme 1, 1999, at which
time said right shall expire.
(b) Water and Sewer Fees. Buyer acknowledges that there wiIl be a tap fee required by the City
of Aspen and/or Aspen Consolidated Sanitation District for hook-up, as weIl as on-going
service fees, which Buyer shall pay subject to the credit and reimbursement described abow
in Paragraph 17(aX5).
(c ) Utili~ and Road Improvement Districts. The Seller may form districts for the road, drainag~
and utility installation in the MOOre Family P.U.D., and Buyer expressly consents and agrees
to execute all documents which may be required for their creation, formation, and
maintenance.
Special Taxin2 Districts. This notice is given in compliance with Cqlorado Senate Bill 143,
Section 38-35.7-10, effective as of July 1, 1992. "Special1aXing districts may be subject to
general obligation indebtedness that is paid by revenues produced from annualtax levies on
the taxable property within such districts. Property owners in such districts may be placed
at risk for increased mill levies and excessive tax burdens to SUpport the servicing of such
debt where circumstances arise resulting it the inability of such a district to discharge such
'indebtedness without such an increase in miIllevies. Buyers should investigate the debt
financing requirements of the authorized general obligation indebtedness of such districts
servicing such indebtedness, and the potential for an increase in such mill levies. "
.'
18. ANNEXATION AND BUILDING APPROVALS:
(a)
(b)
(c)
(d)
r
County ofPitkinlCity of Aspen. Buyer acknowledges that Moore Family P.U.D. is subject
to an annexation agreement with the City of Aspen, to which Buyer consents.
Buildin2 Penn it. Buyer must obtain, at Buyer's expense, a building pennit from the
AspenJPitkin County Building Department before Buyer may build on the Property. Such
building permit mayor may not be issued until the infrastructure is
completed.
DesilPl Review Board. Buyer acknowledges that all construction on each lot shall be subject
to approval by the Design Review Board pursuant to the Master Declaration for Moore
Family P.U.D..
S2.il. The building pennit application to the appropriate governmental entity may include,
among other requirements, a soils investigation of the Property. Varying soil conditions
exist within the Property. Particular soil conditions require varying construction techDiques
Seller has caused preliminary soils reports to be prepared for the Aspen Highlands Village
P.U.D. area by C.T.L. Thompson, consulting geotechnical engineers of which Buyer has
7
G.'~UG 26 'S8 01:52PM PATRICK & STOWELL
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IOECEI\C TZI'E FLG.2<4. ?1~1F1'1
RECEIVED TIME AUG. 26. 1:52PM
...-_....-
(-
~
CONTRACT FOR THE SALE AND PURCHASE
OF A HOMESITE IN THE MOORE FAMILY POD,
ASPEN, COLORADO
December i? 1998_. ('1'14
,t4'~
1, AGREEMENT. The undersigned person(s), Michael Prinster
(Buyer") hereby agree(s) to buy the following described property
("property"), and the undersigned owner, ZOOM FLUME, L.L.C.. a
Delaware limited partnership, whose address is P.O. Box 5115,
Aspen, Colorado 81612, hereby agrees to sell the Property on the
terms and conditions stated herein:
Lot 37 , Block E ,MOORE FAMILY PUD, according to
the plat thereof recorded on August 10. 1998, in Plat Book
45 at Page 81, County of Pitkin, State of Colorado, and
according to the Master Declaration For Moore Family PUD,
recorded on August 10,1998, at Reception No. 420466,
together with and subject to all easements, rights-of-way
reservations, and other encumbrances, of record.
.'-""
2. PURCHASE PRICE. The purchase price
Dollars ($
price"), payable as follows:
(a) An earnest money deposit equaling
($ ) be paid to Land Title Guarantee Company ("Escrow
Agent") simultaneously with execution hereof, in the form of a
personal check or local cashier's check. An additonal $
shall be due and payable at the expiration of the due diligence
period. .
shall be:
l) (the "Purchase
(b) The earnest money payment received from Buyer
hereunder shall be placed by Escrow Agent in a federally insured
interest bearing escrow account, and interest earned thereon
shall accrue for the benefit of Buyer, unless Buyer defaults
under the terms of this Contract, in which case, interest earned
thereon shall accrue to the benefit of Seller. For tax reporting
purposes, Buyer's Social Security Number (or Taxpayer
Identification Number, if applicable) is
(c) The balance of the
Purchase Price,
Dollars ($ .
and closing costs,
), subj ect --
shall b.epaid
to adjustment for apportionments
in cash at closing.
3. CLOSING COSTS; REAL ESTATE TRANSFER TAX. At closing. Seller
shall pay for preparation of the deed and for the owner's title
insurance policy ("Title Policy"). in an amount equal to the
Purchase Price of the Property. to be delivered to Buyer by Land
Title Guarantee Company (the "Title Company") within sixty (60)
days after closing, and any other customary closing fees charged
to the Seller. Seller shall pay the Title Company's closing
service costs.
1"""'\
..
(J
~~
1
(
r,
authorized general obligation indebtedness of such districts
servicing such indebtedness. and the potential for an increase in
such mill levies."
20 . ANNEXATION AND BUILDING APPROVALS.
(a) County of Pitkin/City of Aspen. Buyer
acknowledges that Moore Family PUD is subject to an annexation
agreement with the City of Aspen. to which Buyer consents.
(b) Buildinq Permit. Buyer must obtain, at Buyer's
expense, a building permit from the Aspen/pitkin County Building
Department before Buyer may build on the Property. Such building
permit mayor may not be issued until the infrastructure is
completed.
I"'"
(c) Desiqn Review Board. Buyer acknowledges that all
construction on each lot shall be subject to approval by the
Design Review Board pursuant to the Master Declaration for Moore
Family PUD. '
(d) Soil. rhe building permit application to the
r appropriate governmental entity may include, among other
requirements, a soils investigation of the Property. Varying
soil conditions exist within the Property. Particular soil
conditions require varying construction techniques. Seller has
caused preliminary soils reports to be prepared for the Moore
Family PUD area by C.T.L. Thompson, consulting geotechnical
engineers of which Buyer has received a summary for its review
and which Buyer acknowledges is preliminary only, and can not be
relied upon by Buyer for construction on the Property. Copies of
such soils reports are available for Buyer's inspection during
regular business hours at the office of Seller with reasonable
advance notice.
21. ACKNOWLEDGMENTS. The Buyer hereby acknowledges and accepts
the following:
(a) Dial-A-Ride. There may be available a shuttle van
servicing the Aspen Highlands Village and the Moore Family PUD
known in the land use approvals as "Dial-A-Ride" for the
convenience of both projects.
(b) Powder Bowl Trail to Aspen Hiqhlands Villaqe.
There may be a trail connecting the Moore Family PUD and Aspen
Highlands Village, the adjacent subdivision, which enters or
departs from the northeast part of the Aspen Highlands Village
and Open Space Areas 11 and 12 of the Moore Family PUD.
(c) Avalanche' Mitiqation Reauirements. Certain roads
and areas are subject to avalanche mitigation requirements as set
forth in the Final Plat or Declaration.
I'""'
22. SURVIVAL OF TERMS AFTER CLOSING. To the extent applicable.
the terms and provisions of this Contract which are ongoing in
nature shall survive the closing.
~~
8
('
warranties.
1"""'\
26. INVESTMENT DISCLAIMER.. Buyer expressly acknowledges that
the Property to be acquired pursuant to this Contract is acquired
f,or Buyer I s personal use without reliance on representations or
inducements by Seller or any agent or employee thereof with
respect to tax benefits. rental income, appreciation, or other
investment potential or economic benefits to be derived from the
Property, including economic benefits to be derived from the
managerial efforts of others.
27. NOTICE OF ACCEPTANCE: COUNTERPARTS. This Contract shall
expire unless accepted in writing, by Buyer and Seller, as
evidenced by their signatures below, and the Buyer receives
notice of such acceptance on or before . If accepted,
this document shall become a contract between Seller and Buyer.
A copy of this document may be executed by each party,
separately. and when each party has executed a copy thereof such
copies taken together shall be deemed to be a full and complete
contract between the parties.
28. TYPE OF OWNERSHIP (CHECK ONE)
~,
[X ] Individual Ownership
[ ] Corporation (President
or Vice-President) and
Secretary or Asst. .
Secretary must sign
[ ] Joint Tenants with right of
Survivorship (both parties
must sign)
[ Tenants-in-Common (both
parties must sign)
Partnership (all general.' [
partners must sign)
Other (specify)
(Exact Name(s) in which title is to be taken)
IL _ THIS CONTRACT IS EXECUTED BY BUYER THIS
~ " 1999:
i"7 DAY OF
~~
Michael prinster (Signature)
(Signature)
.~
j
10
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(
I"'"
BUYER INFORMATION:
~~ "P~nS7'UL
(Name printed)
"3 S 5 ItftL1.L sf..
~_ (Residence Address)
~ Pel' 8-1lj;1;).
(City, State and Zip Code)
.PO .&x 3..lf-l ~ eo .
(Name Printed)
(Residence Address)
(City, State and Zip Code)
(Mailing Address)
(Mailing Address)
(City, State and Zip Code)
(City, State and Zip Code)
SELLER ACCEPTS THIS CONTRACT THIS -::r ~ DAY OF 'Dcre..Jov-
, 199:Q......
SELLER:
~,
ZOOM FLUME, L.L.C., a Delaware
limited liability company, by
HINES INTERESTS LIMITED
PARTNERSHIP, a Delaware
limited partnership, as
Managing Member, by HINES
HOLDINGS, INC., a Texas
corporation, as General
Partner
BY:~&
Address:
P.O. Box 5115
Aspen, CO 81612
Telephone: (970)
Fax No. : (970)
920-1710
920-3955
wp-
Robert E. Daniel,
Vice-President
(date)
The undersigned Broker(s) acknowledges and confirms its
broker relationship as set forth in Paragraph 25(c).
SELLING AGENT:
Address:
COMPANY:
By: ~ 3;Pak~"'jJ ~ 12/7 )q~
(date)
r'\
Telephone:
Fax No,
(120 --Q, 7. 6 ~ \ '=) \
(..91Ql 0. z.o l 0 l (J
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11
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Feb. 22. 1999 3:58PM
No. 2058 P. 2/2
,~
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RIctl Wag.r AIIocll.... LLC
101 .ElM ttrmln AVlnIle!tlt. .
. M"" CO '1'11
Phone: (.70J ~11, 'u: (110)""D10
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CONTRACT FOR THE SALE AND PURCHASE
OF A HOMESITE IN THE MOORE FAMILY POD.
ASPEN. COLORADO
II I -z,5"
,
, , 199.Y
, 1. AGREEMENT. The undersigned person(s), Mark Whiston (Buyer") hereby
agree(s) to buy the following described property ("Property"), and the Undersigned
owner, ZOOM FLUME, L.L.C., a Delaware limited partnership, whose address is P.O.
Box 5115, Aspen, Colorado 81612, hereby agrees to sell the Property on the terms and
conditions stated herein: .
Lot 30 , Block G . MOORE FAMILY PUD, according to the Plat thereof
recorded on August 10, 1998, in Plat Book 45 at Page 81, County of Pitkin,
State of Colorado, and according to the Master Declaration For Moore Family
PUD, recorded on August 10, 1998, at Reception No. 420466, together with and
subject to all easements, rights-of-way reservations, and other encumbrances of
record.
2~ PURCHASE PRICE. The purchase price shall be:
Dollars($ (the "Purchase Price"), payable as
follows:
(a) An earnest money deposit equaling ten percent (10%) of the
Purchase Price for the Property shall be paid to Land Title Guarantee Company
("Escrow Agent") simultaneously with e.'tecution hereof, in the fOmlof a personal check
or local cashier's check.
~,
(b) The earnest money payment received from Buyer hereunder shall
be placed by Escrow Agent in a federally insured interest bearing escrow account, and
interest earned thereon shall accrue for the benefit of Buyer, unless Buyer defaults
under the terms of this Contract, in which case, interest earned thereon shall accrue
to the benefit of Seller. For tax reporting purposes, Buyer's Social Security Number (or
Taxpayer Identification Number, if applicable) is
(cl The balance of the Purchase Price,.
Dollars ($ , 1 subject to adjustment for apportionments and closing costs,
shall be paid in cash at closing.
3. CLOSING COSTS: REAL ESTATE TRANSFER TAX. At closing, Seller shall
pay for preparation of the deed and for the owner's title insurance policy ("Title
Policy"), in an amount equal to the Purchase Price of the Property, to be delivered to
Buyer by Land Title Guarantee Company (the "Title Company") within sixty (60) days
after closing, and any other customary closing fees charged. to the Seller. Seller shall
pay the Title Company's closing service costs.
At closing, Buyer shall pay all other customary buyer closing costs, and if the
Property has been annexed to the City of Aspen as hereinafter provided, Buyer shall
pay the .real estate transfer tax imposed by the City of Aspen of (i) one-half of one _
percent (.5%) of the Purchase Price, and (ii) one percent (1%) of the Purchase Price in
excess of the first $100,000.00, the documentary transfer fee, the tax cert:ificate;an
~ recording fees for the deed of conyeyance and B ng documents, if an!;.~d
any endorsements to the title policy requested by Buyer. "'-." .
i
1
responsible for building the roads, and for extending the utility lines as is provided in
r--.. subparagraph (2) above. ..
(4) In the event, however, Seller is unable to complete this
construction in a timely manner due to acts of God, defaults of contractors or
subcontractors or materialsmen, or other causes beyond the control of Seller, the date
for completion of such work shall be accordingly extended. .
(5) After these utilities are actually constructed, Buyer shall be
responsible to pay for any costs of connection, tap fees or construction costs inCUITed
by Buyer in tapping into or connecting into these utilities. At Closing, Buyer shall
reimburse Seller $1,500.00 for the partial prepayment of sewer tap fees paid by Seller.
Buyer will be entitled to an assignment of that credit towards partial payment of the
tap fees, which will be due by the Buyer upon hookup.
(6) Seller shall maintain the right to store and stockpile dirt on
any Lot within Moore Family PUD during th,e construction of roads and utilities;
provided, however, that if the owner of the Lot is building a house at the time of the
construction of the road or utilities, the stockpiling will not be done in a manner which
would interfere with the house construction. This right to stockpile and store dirt
shall survive the closing, and shall be a burden which runs with the land until June,
1999, at which time said right shall expire.
(b) Water and Sewer Fees. Buyer aclmowledges that there Wi1J. be a
tap fee required by the City of Aspen and/ or Aspen Consolidated Sanitation District
for hook-up, as well as on-going service fees, which Buyer shall pay subject to the
credit and reimbursement described above in Paragraph 19(a)(5).
r-\ (c) Utility and Road Imurovement Districts. The Seller may form
districts for the road, drainage, and utility installation in the Moore Family PUD, and
Buyer expressly consents and agrees to execute all documents which may be required
for their creation, formation, and maintenance.
(d) Sllecial Taxln2 Districts. This notice is given in compliance with
Colorado Senate Bill 143, Section 38-35.7-10, effective as of July 1, 1992. .Special
taxing districts may be subject to general obligation indebtedness that is paid by
revenues produced from annual tax levies on the taxable property within such
districts. Property owners in such districts may be placed at risk for increased mill
levies and e."tcessive tax burdens to support the servicing of such debt where
circumstances arise resulting in the inability of such a district to discharge such
indebtedness without such an increase in milllevies. Buyers should investigate the
debt financing requirements of the authorized general obligation indebtedness of such
districts servicing such indebtedness, and the potential for an increase in such mill
levies. .
20. ANNEKATION AND BUILDING APPROVALS.
. (a) County of Pit kin I City of Asuen. Buyer acknowledges that
Moore Family PUD is subject to an annexation agreement with the City of Aspen, to
which Buyer consents.
(b) BJilldin2 Permit. Buyer must obtain, at Buyer's expense, a
building permit from the Aspen/Pitkin County Building Department before Buyer may
build on the Property. Such building permit mayor may not be issued until the
~,infrastructure is completed. .
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BUYER:
~\ ./ 1;U~~wer.-
Mark Whiston (Signature)
BUYER INFORMATION:
f'Y\O...\""1<:.... 6. W"'-l ~ "\C'h
(Name Printed)
-vc ~ Y'Y\o..CLl-~ ~t..
(Residence Address)
Ue::n ~ ...... c.a <1oux.
(City, State and Zip Code)
~9- \'Y1.od.l. ~ Q. .
(Signature)
(Name Printed)
(Residence Address)
(City, State and Zip Code)
(Mailing Address)
~ C&> rozCXo
(Mailing Address)
(City, State and Zip Code)
(City, State and Zip Code)
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SELLER ACCEPTS TmS CONTRACT Tms 7-5
, 199~.
DAY OF 1'Co~.....ber
I
SELLER:
ZOOM FLUME, L.L.C., a Delaware
limited liability company, by
HINES INTERESTS UMITED
PARTNERSHIP, a Delaware limited
partnership, as Managing Member, by
HINES HOLDINGS, INC., a Texas
corporation, as General Partner
By:1{rQL
Address:
P.O. Box 5115
Aspen, CO 81612
Telephone: (970) 920-1710
Fax No. : (970) 920-3955
!JJK-
.
Robert E. Daniel, (date)
Vice-President
. The undersigned Broker(s) acknowledges and confirms its broker relationship
as set forth in Paragraph 25(c). .
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CONTRACT FOR THE SALE Al'ID PURCHASE
OF A HOMESITE IN THE MOORE FAMILY POD.
ASPEN COLORADO
MYVf~1A /.1 . 1991
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1. AGREEMENT. The undersigned person(s), Nancv and Robert Beevers
(Buyer") hereby agt:ee(sl to buy the following described property ("Property"), and the
undersigned owner, ZOOM FLUME, L.L.C., a Delaware limited partnership, whose
address is P.O. Box SIIS,Aspen, Colorado 81612, hereby agrees to sell the Property
'on the teImS and conditions stated herein:
Lot 32 Block G . MOORE FAMILY PUD. according to the Plat thereof
recorded on August 10, 1998, in Plat Book 45 at Page 81, County of Pitkin,
State of Colorado, and according to the Master Declaration For Moore Family
PUn, recorded on August 10, 1998, at Reception No. 420466, together with and
subject to all easements, rights-of-way rese:vations, and other encumbrances of
record.
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2. PURCHASE PRICE. The purchase price shall be: __
DoIlarS($: 1 (the "Purchase Price"l, payable as follows:
(a) An earnest money deposit equaling Jive per=t (5%1 of the
Purchase Price for the Property shall be paid to Land Title Guarantee Company
("Escrow Agent") simultaneously with execution hereof, in the form of a personal check
or local cashier's check. An additional five percent (5%) shall be due at the completion
of the Due Diligence period.
(b) The earnest money payment received from Buyer hereunder shall
be placed by Escrow Agent in a federally insured interest bearing escrow account, and
interest earned thereon shall accrue for the benefit of Buyer, unless Buyer defaults
under the terms of this Contract, in wliich case, interest earn.edthereon shall accrue
to the benefit of Seller. For tax reporting purpose~~>!yer's Social Security Number (or
Taxpayer Identification Number, if applicable) is "
(c) The balance of the Purchase Price, _._ __ _ ,..__
DollarS ($1 subject to adjustment for apportionments and closing
costs, shall be paid in cash at closing.
3. CLOSING COSTS: REAL ESTATE TRANSFER TAX. At closing, Seller shall
pay for preparation of the deed and for the owner's title insurance policy ("Title
Policy"), in an amount equal to the Purchase Price of the Property, to be delivered to
Buyer by Land Title Guarantee Company (the "Title CompanY') within sixty (60) days
after closing, and any other customary closing fees charged to the Seller. Seller shall
pay the Title Company's closing service costs.
At closing, Buyer shall pay all other custommy buyer closing costs, and if the
Property has been ,.,.,,.,,....,~ to the City of Aspen as hereinafter provided, Buyer shall
pay the real estate transfer tax imposed by the City of Aspen of (i) one,half of one
per=t (.5%) of the Purchase Price, and (ii) one percent (1%) of the Purchase Price in
exce st $100,000.00, the documentaJ:y transfer fee, the tax certificate, an
r=rding fees for the deed of conveyance and Buyer financing documents, if any, and
any endorsements to the title poliey requested by Buyer.
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responsible for building the roads, and for extending the utility lines as is provided in
~" subparagraph (2) above.
(4) In the event, however, Seller is unable to complete this
construction in a timely manner due to acts of God, defaults of contractors or
subcontractors or materialsmen, or other causes beyond the control of Seller, the date
for completion of such work shall be accordingly extended.
(5) After these utilities are actually constructed, Buyer shall be
responsible to pay for any costs of connection, tap fees or construction coSts incurred
by Buyer in tapping into or connecting into these utilities. At Closing, Buyer shall
reimburse Seller $1,500.00 for the partial prepayment of sewer tap fees paid by Seller.
Buyer will be entitled to an assigT'ment of that credit towards partial payment of the
tap fees, which will be due by the Buyer upon hookup.
(6) Seller shall maintain the right to store and stockpile dirt on
any Lot within Moore Family PUD during the construction of roads and utilities;
provided, however, that if the owner of the Lot is building a house at the time of the
construction of the road or utilities, the stockpiling will not be done in a manner which
would interfere with the house construction. This right to stockpile and store dirt
shall survive the closing, and shall be a burden which runs with the land until June,
1999, at which time said right shall expire.
(b) Water lUld Sewer Fee.. Buyer aclmowiedges that there will be a
tap fee required by the City of Aspen andlor Aspen Consolidated Sanitation District
for hook-up, as well as on-going service fees, which Buyer shall pay subject to the
credit and reimbursement described above in Paragraph 19(a)(5).
(c) Utilitv lUld Road ImD......ment DIstricts. The Seller may form
districts for the road, drainage, and utility installation in the Moore Family PUD, and
Buyer expressly consents and agrees to execute all documents which may be required
for their creation, formation, and maintenance.
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(d) Suecial T...."'". Di.strlcts. This notice is given in comr1;"nce with
Colorado Senate Bill 143, Section 38-35.7-10, effective as of July 1, 1992. .Special
taxing districts may be subject to genera1obligation indebtedness that is paid by
revenues prodUced !'rom annual tax levies on the taxable property within such
districts. PxO~4ty owners in such districts may be placed at risk for increased mill
levies and excessive tax burdens to support the servicing of such debt where
circumstances arise resulting in the in"hility of such a district to discharge such
indebtedness without such an increase in mill levies. Buyers should investigate the
debt financing requirements of the authorized general obligation indebtedness of such
districts servicing such indebtedness, and the potential for an increase in such mill
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""..es.
20. Al't.rUliAATIOB AND BtlILDING APPROVALS.
(a) County of Pitkin/CitY' of Anen. Buyer aclmowledges that
Moore Family PUD is subject to an lIIll1exation agreement with the City of Aspen, to
which Buyer consents.
(b) BuJIcUnlE :Permit. Buyer must obtain, at Buyer's expense, a
building permit from the AspenIPitkin County Building Depamnent before Buyer may
build on the Property. Such building permit may or may not be issued until the
infrastructure is completed. .
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shall be deemed valid, provided the party transn:titting the dOCl.Ulle:1t deposits the
,...-... original documc:nt in overnight mail to the other party within one (1) business day.
(bl IRS Section 897. Seller warrants that it is not subject to
withholding as defined under Internal Revc:nue Code Section 897 (Foreign Person
Transferor), and hereby agrees to C%eCllte the form of affidavit described in Internal
Revenue Code Section 1445 and deliver said affidavit to Buyer at c1olSing.
(cl Real Jr4Itate Ment lRule 1:-351. Pursuant to Colorado Real Estate
Commission Rule E-35, Buyer hereby acknowledges that Seller and its in-hou.se
agents ("Sales Agents") are agents of Seller, and are not .e.l'resenting Buyer as Buyer's
agc:nt in this transaction. If a Buyer bas engaged the services of an outside broker,
that selling broker and its salespersons will be c:ngaged aa either Buyer's brokers or
transaction brokers. SeIJing company has previously disclosed in writing to the Buyer
that different relationships are av:>;J..hl.. wbich include buyer agc:ncy, transaction
broker, or seller agency.
(d) Real Estate Co_fssioJlS. If Seller agrees to pay a real estate
commission to a Buyer's Broker or Transactional Broker with respect to this
transaction, pursuant to separate agrecmc:nt, Buyer and Seller each r",~~t and
warrant that no 'commission is owed to a broker or finder other than the signing
broket(s) on this Contract with respect to this transaction. Buyer and Seller shall
indemnify, defend, and hold each other hannless from and l"g;>;n"t all other claims for
a brokerage commission arising out of a breach of their respective warranties,
26. INVESTMENT DISCI.ADO:R. Buyer expressly acknowledges that.the Property
to be acquired pursuant to this Contract is acquired for Buyer's personal use withO\lt
reliance on representations or inducemc:nts by Seller or any agc:nt or employee thereof
with respect to tax benefits. rental income. appreciation. or other investment potc:ntial
r-... or economic benefits to be derived from the Property, including economic benefits to be
, ". derived from the managerial efforts of others.
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~ ~ TYPE OF O'w.\1ERSEJP IC....~K OREI '
, (F [] Individual Ownership . ~ Joint T, enants with right of .
"I Survivorship (both parties
[] Corporation'(President must sign)
or Vice-President) and
Secretary or Asst. [) Tenants-in-Common (both
Secretary must sign parties must sign)
[] Partnership (all general [] Other (specify)
partners must sign)
(Exact Name(s) in which title is to be taken)
THIS CORTRACT IS EXECUTED'BY BUYER THIS n..ty OF #..~8et
.091 {l//$ Q3 _
Nancy Robert Beevers (Signature)
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BUYElt INFORllIATIOR:
---LYMG'Y L &GY~~
, .
(Name Printed)
/tJY7 ~XIJNY f)~~ .
(Residence Address)
hI.bI~4 &~ J7 ~()4.1r
(City, State and Zip Code)
( SAM~)
(M..m.,g Address)
(City, State and Zip Code)
r
Rc8~r It kVER'.r
(Name Printed)
/tff7 SAJ(~{ /)~'yG'
(Residence A dress)
A{4w~ tiM..Z7 tIJt'J.Jr
.
(City, State and Zip Code)
(~,)
(Mailing Address)
(City, State and Zip Code)
SELLER ACCEPTS THIS CORTRACT THIS ,.st- DAY OF ))r-t"_~r
. 1992>
S~T.r :~R:
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ZOOM FLUME, L.L.C., a Delaware
limited liability company, by
HINES INTERESTS LIMITED
PARTNERSffiP, a Delaware limited
partnership, as MaI1"ging Member, by
HINES HOLDINGS, INC., a Tc:xaa i
corporation~er
Byq?f.
Robert E. Daniel, (date)
Vice-President '
Address:
P.O. Box 5115
Aspen, CO 81612
Telephone: (970) 920-1710
Fax No. : (970) 920-3955
The undersigned Broker{s) aclmow1edges and confirms its broker relationship
as set forth in Paragraph 25(c).
SELLING AGENT:
COMPANY:
By:
(date)
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Address:
Telephone: U
Fax No. : U
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