HomeMy WebLinkAboutcoa.lu.an.100 Puppy Smith St.1990-AN1ACES annexation
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.
MEMORANDUM
TO: Aspen City Council
FROM: Tom Cardamone, Director
DATE: June 16, 1990
RE: Annexation
This application for annexation of the "Hallam Lake" property owned by ACES,
is made with the condition that the following and attached agreements will be
mutually honored,
1) An Environmentally Sensitive Area zone shall be established surrounding ACES
This zone would have specific restrictions designed to protect the views and other
natural values at ACES.
2) ACES water rights, transferred to the City as a requirement of annexation will be
leased back to ACES for two consecutive 99 year periods (as described in attached
agreement).
3) Groundwater drained from the new City parking garage shall be delivered in
enclosed, underground pipes at a rate not to exceed 2 cfs as described in attached
agreement.
ACES Trustees are very pleased with these agreements and wish to thank the
City for addressing our concerns.
Sinc ely,
Tom Cardamone
n
0
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 sea.
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 50o 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:
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.
0
DATE SIGNATURE MAILING ADDRESS
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
County of Pitkin
6. iy 6 /.?,,
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.
Subscribed and sworn to before me this day of
q6
19 ems, by
WITNESS MY HAND AND OFFICIAL SEAL.
Phyiiis Steur--nNota: j Public
CeWrai S ;., I A
My commission expires: P.O. Box 33 i:;.,'•s :s , CO81612
y r ,i •_a.: Rpm
41
0 0
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 Drain water right shall be utilized to
supplement the Hallam Lake Springs and Hallam Lake water
rights.
7. The Rio Grande Drain, Hallam Lake Springs and Hallam Lake
shall be used by ACES for recreation, aesthetic, fish
propagation, wildlife habitat, wetland creation, and
environmental studies purposes only.
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
6
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.
WA
KEVIN L. PATFIiC.
A Professioiial _Corp rlati&
Kevin 'L Patri4 No: 124
106 S. Mill St., Su to 200
As Flail , CO 81611
Attorney for
Aspen Center for Environmental Studies
(303) 920-1028
CITY ATTORNEY
g'(b om 4 G-F" k, If
Edward M. Caswall, Esq. #10435
City Attorney
130 South Galena Street
Aspen, CO 81611
(303) 920-5055
3
•
MUSICK AND COPE
By * 9AW�P 0& D aC r, ,
John D. Musick, Jr., No. 0341
P.O. Box 4579
Boulder, CO 80306
(303) 447-1974
Special Counsel for City of Aspen
(Aspen: s6pagmIThin)
A",
Or`\
l:U. IBUX 8777 - 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 Sec 12-10-85W 6th PM & Part of SW 1/4 NW1/4,
NW 1/4 SW 1/4 Sec 7-1OS-84W 6th PM desc 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 SE Cor Lt 21 Blk 90 Hallams Add Aspen,
Th S 90 Deg 00 Min W 266.86 Ft to SE Cor Lt 21 Blk 90 Hallams 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 07 Min E 115.46 Ft, Th S 37 Deg 06 Min E 81.60 Ft, Th S 07 Deg 00 Min
E 40,30 Ft, Th S 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 alg Ely Li Lts 10 thru 12 Blk
103, Th S 49 Deg 55 Min E 127.22 Ft, Th S 44 Deg 34 Min W 33.50 Ft, Th Cv L 74.11 Ft alg Nely
Li Lts 16-17 Blk 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
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