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Home My WebLink Aboutlanduse case.annexation.WHOP Enterprises.1980 '_~.-.,-,,""lr-,N .i"""\ Recorded at 1:51PM October 17, ~980 Loretta Banner Recorder ~ecePtion NO. t/:t AN 2280011, ",C/?'t.-4Uj:::.JI611- , AGREEMENT .397 PACE 517 {/i;JJ , day of (,THIS AGREEMENT Id~ \ 1 ,{ 'J.M I made and entered into this , 1980, by and between the City of Aspen, Colorado, a municipal corporation of the State of Colorado, located in Pitkin County, Colorado, hereinafter called "Aspen", and W.H.O.P. Enterprises, a partnership organized under the laws of the State of Colorado,. hereinafter called "w. H.O.P.". WIT N E SSE T H : WHEREAS, W.H.O.P. is the owner of certain unincorporated lands situated in pitkin County, State of Colorado, described in Exhibit "A", which is attached hereto and by reference made a part hereof, and WHEREAS, W.H.O.P. desires that said property be annexed to WHEREAS, Aspen does agree to annex said property and so zone subject to certain conditions. NOW, THEREFORE, in consideration of the premises and promises contained herein it is mutually agreed by and between the parties hereto as follows: 1. W.H.O.P. shall petition Aspen, in accordance with State Statutes, for the annexation ciftheproperty described in Exhibit "A". W.H.O.P. shall also petition Aspen to initiate zoning con- currently with said annexation. The zoning requested shall be R-1SA (Residential). Aspen agrees, subject to the provisions of applicable law, to annex the property described in Exhibit "A" and to zone the pro- perty therein in accordance with this agreement. ,-,. ,-, _397 PAGE518 If Aspen is unable to accomplish said annexation or said zon- ing as requested by W.H.O.P., Aspen shall dismiss the aforesaid petition for annexation and zoning, and in such event, this agree- ment shall be null and void. 2. The annexed property shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies in any calendar year. 3. W.H.O.P. agrees to enter an improvement district in the event one is formed for construction of street improvements including curbs, gutters and sidewalks. 4. In the event that the City of Aspen desires to acquire the right, title and interest of W.H.O.P. in the water right to a well, described in Exhibit "A", together wi th all of the right, title and interest of W.H.O.P. in the well structure, well easing and appurtenant facilities to said well including all easements and rights-of-way necessary to the utilization, operation, main- tenance and improvements of said well and facilities, W.H.O.P. shall, at its own expense, make said conveyance to Aspen within thirty (30) days from the date of notice of the City of Aspen's decision to acquire property by special warranty deed free and clear of all liens and encumbrances. S. If the City of Aspen provides municipal water service then W.H.O.P. agrees to pay all applicable tap fees and other expenses required by Aspen at the time water service is extended. 6. W.H.O.P. agrees that the development plan for the pro- perty will provide for no greater development than the construc- tion of one single-family structure, not to exceed two thousand four hundred (2,400) square feet (external floor area), and acces- sory buildings. W.H.O.P. further agrees that Aspen may withhold 2 ......... ,,-, _397 pf,GE519 or refuse to issue a building permit for the construction of any structure which is not in accordance with this agreement. 7. This agreement, when executed after final reading by the City Council of the annexation and zoning ordinances ,shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns, and shall be a covenant running with the property described in Exhibit "A". IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein written. W.H.O.P. ENTERPRISES I~A et Partner Bya/k Jo ie Gerberg, By ~ '1 Bernard Pracko, artner ,'",,, , "." \ . :~. !;" _/.1 ;,'....f, l'~q, ST:,Y;~I> ~'''y' l~~.2"'));f~ \/i~~' ~ oq,~4!It'LR;"t''f!k ,/' CITY OF ASPEN BYB'ft{,~ Mayor '"" 3 ,-, ,~ _397 PAGE520 APPROVED AS TO FORM; P#~ RopertB. Edmondson C~ty Attorney ."" "ii', O,f I'I:H. O.P. Enterprises. r\:;"':'::'?':' ~..... ' .;<<\, WITNESS MY HAND AND OFFICIAL SEAL. " ' ,).~ ',': 'f1y:commission expires: '---J1n~~ /~ /9}/,;L. Notaq~cJf. ~R . : -': :.-~~'- ,e'.'tj\ b, """-'iir c'" '" ~;^ " 'f' Or ')L\ 0 u. \ . () ,;-, ..... '<,~' CO\.o' STATE OF COLORADO ) ) ss. County of Pitkin ) 'The ~egOing ~nstrument (),f ,L~) was acknowledged before me this ~ , 1980, by Herman Edel as day M.,<:IY;Qr"Cind Kathryn S. Koch as City Clerk of the City of Aspen, /,':'", }i~"., E (" '-'-'_" }r,'{)"",1'otiaq, ,'", ,~ .....z,,,.. .' ".,".. ;::. ~ ""~' n'l' ".'. .g:J/ '\."'~NEsS MY HAND AND OFFICIAL SEAL. ,;::. .". ,,' -"~""""''',~.~, : C!? :::.-. \~::\,~us~~;i cg~ission expires: \. g/~/$3 ...";;,.....," '.... ,.." ,;: '- '~"';', Of': c;:-\, ,""'. "'" ',.. vh/lr Notary blic a,~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) The forgoing instrument was acknowledged before me this September , 1980, by Jordie Gerberg, partner Enterprises. 5th day of of W,H,O,P. WITNESS MY HAND AND OFFICIAL My commission expires: !liII..Ulllllllllllllfllllll.U....IIIUIflllJII...I..HUlHIIIHHHI........, 1._:== CHRI~;~~~S~LHEIN ;:.::. NOTARY PUBLIC. CAUFORNlA PRINCIPAL OFFICE IN g LOS ANGELES COUNTY 5: ~ My Commission Expires Oct, 5, 1980 ~ fi....UI....Uulill.Hlnluull"..I.IIII1I.UllUIlI.....HIHIIHUhl........ ~ ~ EXHIBIT A _397 pf,GE521 An enclave annexation of that parcel of land described as a parcel of land being part of the Northeast 1/4 of the Southwest 1/4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian. Said parcel is more fully described as follows: Beginning at a point on Line 3-4 of the North Texas Millsite D.S.M.S. No. 3288 whence Corner No. 3 of said North Texas Millsite bears N 15030' E 84.48 feet, thence S 15030' W 65.52 feet along Line 3-4 of said North Texas Millsi te, thence N 74030' W 95.00 feet to the centerline of Castle Creek, thence Northeasterly along said centerline N 20037'19" E 88.56 feet to point being N 59054' W of the point of beginning; thence S 59054' E 90.00 feet to a point on Line 3-4 ot said North Texas Mil1site, the point of beginning.