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HomeMy WebLinkAboutcoa.lu.an.100 Puppy Smith St.1990-AN1 -. ,-, MEMORANDUM TO: FROM: Kathryn Koch, City Clerk DATE: June 28, 1990 RE: ACES Annexation Attached is a petition for annexation of territory to the city from ACES and a copy of the plat map. Please let me know if there is anything further you need. ,~ - PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN The undersigned Petitioners, being the land owners within the exterior boundary of the territory hereinafter described, respectfully request the city Council of the city of Aspen to approve the annexation of the proposed area to be annexed in accordance with the provisions of C.R.S. 1973 31-8-101 et seq. and in support thereof allege as follows: 1. It is necessary and desirable that the territory described in the land description below be annexed to the city of Aspen. 2. The requirements of C.R.S. 1973 31-8-104 and 31-8-105 exist or have been met. 3. The Petitioners are the owners of the territory sought to be annexed and therefore are the owners of more than 50% of the territory sought to be annexed. LAND DESCRIPTION The legal description of the land owned by Petitioners for which annexation is sought is as follows: 56/ 4rr~~1 ATTACHMENTS: Accompanying this Petition are the following: (a) Circulator's affidavit (b) Four prints of an annexation map containing the information required by C.R.S. 1973 31-8-107. ~. ,-, DATE SIGNAT~RE ~ MAILING ADDRESS r ~7f' ~,i!?~;X. Y777 a~ Cv. FXb/~ ~WIf}5 ,tV(, f A\r~atl\ OV1.i 4fB'S l)12..e G<TZ>t2- ~h.dqD I ' AFFIDAVIT OF CIRCULATOR STATE OF COLORADO County of Pitkin The undersigned, being duly sworn, deposes and states as follows: 1. I am over the age of 21 years; 2. I am the circulator of the foregoing Petition: 3. Each signature thereon is the signature of the person whose name it purports to be. ~ ~-ra~H_- , ~ Subscribed and fl:~ sworn to before me this 96 , 19lWii', by P-1.,;;t:::. day of WITNESS MY HAND AND OFFICIAL SEAL. Ptlylils SleubenINo!al'y Public Central Ban:", i~l.Sp&n, N.A. My commission expires: 1'.0, Bo~ 3318,hSflon, COS1612 VZ;:;:'mW Yn~- ~~: - ,.-.. 1-"" DISTRICT COURT, WATER DIVISION NO.5, COLORADO Case No. 89 CW 174 STIPULATION AND AGREEMENT CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ASPEN CENTER FOR ENVIRONMENTAL STUDIES, INC. COMES NOW Aspen Center for Environmental Studies, Inc. (ACES), by and through its attorney Kevin L. Patrick, P.C., and the city of Aspen, (Aspen) by and through the city Attorney and its special counsel Musick and Cope, and enter into this stipulation and Agreement and as grounds therefor, state: 1. Upon the inclusion of the terms and conditions of this stipulation and Agreement within the Decree entered herein, the Objector's Statement of opposition shall be deemed withdrawn. 2. The parties agree that the Court may enter decrees in substantial conformity with the Applications filed by the Applicants. 3. These matters may be rereferred to the Water Referee. 4. The parties recognize that there is a possibility that the dewatering operations of the city of Aspen's Rio Grande Parking Facility and the Rio Grande Drain water right applied for in 89 CW 280 may be hydraulically connected to the Hallam Lake Springs and Hallam Lake water rights applied for in 89 CW 174. , 5. The parties have agreed to cooperatively enhance the water supply for Hallam Lake springs and Hallam Lake by this Agreement. 6. The Rio Grande supplement the rights. Drain water right shall be utilized to Hallam Lake Springs and Hallam Lake water '7. The Rio Grande Drain, Hallam Lake springs shall be used by ACES for recreation, propagation, wildlife habitat, wetland environmental studies purposes only. and Hallam aesthetic, creation, Lake fish and 1 ,.." ,.-" 8. Aspen shall take all necessary actions to design, construct, and obtain necessary rights of way and permits to construct an underground pipeline for year round usage for the delivery of water produced from the Rio Grande Parking Garage Facilities via the Rio Grande Drain dewatering system to Hallam Lake, The improvements shall be designed in a mutually acceptable manner and constructed at Aspen's expense in a workmanlike manner to be capable of delivering a year round supply of up . to 2.0 cfs. The pipeline shall be completed and water, delivered to ACES by July 1, 1990. Aspen shall obtain all required permits to accomplish the purpose of this Agreement at the location and for the construction of the foregoing facilities, including, but not limited to" the filing, amendment, or modification of permits, as needed, including the Water Quality Control Division, Colorado Department of Health Application for Discharge Permit No. COG-070109. 9. Aspen hereby agrees to lease to ACES the use of 2.0 cfs of the water which it develops in its Rio Grande Drain from the Rio Grande Parking Garage Facilities dewatering system. Aspen's obligation to deliver the 2.0 cfs leased hereunder shall be reduced to that quantity of water which Aspen's dewatering system yields if such is less than 2.0 cfs. The actual quantity of water delivered from time to time by Aspen to ACES shall be adjusted after taking into consideration the aquatic, biological and piscatorial conditions and requirements of Hallam Lake as determined in ACES' reasonable discretion. This lease shall be reduced to a separate written agreement. 10. ACES agrees to maximize the use of the Hallam Lake Springs awarded herein so as to minimize the reliance on the use of water leased hereunder from Aspen's Rio Grande Parking Garage dewatering program subject to the reasonable needs of the ACES for the proper and full maintenance of the Hallam Lake aquatic habitat, which needs shall be determined in ACES' reasonable discretion. 11. All water leased hereunder shall be delivered to Hallam Lake via the above-described underground pipeline. Nothing herein shall be construed as ACES obtaining, for any reason, ownership of said dewatering facility, it being understood that water is being provided on a lease basis only. 12. ACES shall not object to the entry of a decree which the city is seeking in Case No. 89 CW 280 for the water produced in dewatering operations of the said parking facility, provided said water right is obtained in a manner ,and for purposes which are not inconsistent with the purposes and terms of this Agreement. ' 13. ACES agrees that it shall submit a petition for annexation into the municipal limits of the city of Aspen within six 2 ,-" i~ months from the execution hereof. Said annexation shall, among other things, provide that the water rights applied for herein by ACES be conveyed to Aspen and concurrently leased back to ACES for nominal consideration and a term of not less than 99 years with not less than one automatic extension of the 99 year lease term. The Lease shall further provide that ACES shall determine and have control in its sole and exclusive discretion over the use, operation, and maintenance of the subject water rights, it being agreed that ACES is vested with a degree of expertise which justifies such discretion and control. 14. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 15. By signing this Agreement the parties acknowledge and represent to one another that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 16. This Agreement may be amended, modified or terminated only by written instrument executed by all parties. IN WITNESS whereof, the parties have executed this Stipulation and Agreement effective on the ___ day of May, 1990. By , Environmental studies By CITY ATTORNEY 5'l6lJet) .,f-'Dk~ ao>f"( oN Edward M. Caswall, Esq. city Attorney 130 South Galena Street Aspen, CO 81611 (303) 920-5055 p('i..~ #10435 3 . I""' (A.pcn:otipagm17 ,11m) I""', By MUSICK AND COPE ';;'f~(l/et> {S"'~'7kP CD!'I O~ 'P/j..,r' John D. Musick, Jr., No. 0341 P.O. Box 4579 Boulder, CO 80306 (303) 447-1974 Special Counsel for city of Aspen , 4 I""" ,;"",\ ASpe!l Ce!lter fur Environmental Studies P.O. BOX8??7 . ASPEN, COLORADO 81612' 303/925-5756 ",' CONCERNING THE EXEMPTION FROM GENERAL TAXATION OF THE FOLLOWING PROPERTY, Tr of land part of SE 1/4 NE 1/4, NE 1/4 SE 1/4 See 12-10-85W 6th PM & Part of SW 1/4 NW1/4, NW 1/4 SW 1/4 See 7-10S-84W 6th PM dese as fols, Beg at SW Cor Blk 3 Lake View Add Aspen, Th N 02 Deg 00 Min E 324 Ft alg W Li of Blk 3 & 5 Lake View Add to Cen Roaring Fork River, Th Nly alg Cen Roaring Fork River to pt 266.86 Ft E of SECor Lt 21 B1k 90 Hallams Add Aspen, Th S 90 Deg 00 Min W 266.86 Ft to SE Cor Lt 21 81k 90 Ha11ams Add, Th S 28 Deg 08 Min E 80.86 Ft, Th S 62 Deg 48 Min W 45.50 Ft, Th S 80 Deg 28 Min W 159.76 Ft, Th S 50 Deg 04 Min W 86.70 Ft, Th S 03 Deg 45 Min E 101.63 Ft, Th S 07 Deg 45 Min E 121.86 Ft, Th S 89 Deg 11 Min W 37.85 Ft, Th S 29 Deg 07Min E 115.46 Ft, Th S 37 Deg 06Min E 81.60 Ft, Th S 07 Deg 00 Min E 40.30 Ft, ThS 19 Deg 08 Min W 63.50 Ft, Th S 30 Deg 50 Min W 116.43 Ft, Th S 05 Deg 09 Min W 124.93 Ft, Th S 77 Deg 55 Min W 33.89 Ft, Th Cv L 89.07 Ft a1g E1y Li Lts 10 thru 12 Blk 103, Th S 49 Deg 55 Min E 127.22 Ft, TI1 S 44 Deg 34 Min W33.50 Ft, Th Cv L 74.11 Ft a1g Ne1y Li Lts 16-17 B1k 103, Th N 79 Deg 05 Min E 69,18 Ft, Th S 49 Deg 41 Min E 49.90 Ft, Th S 34 ' Deg 25 Min E 78.60 Ft, Th S 12 Deg 24 Min E 241.98 Ft, Th S 74 Deg 18 Min E 532.49 Ft to POB " t M s "':,'.'~;~?~~:~~I~~~,;~.3:;)l~il~r r:::'.:::}:,l . 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