HomeMy WebLinkAboutcoa.pi.126 Park AVe.-Adair Jr. 1999
PUBLIC IMPROVEMENTS AGREEMENT
BETWEEN
property located at (street address)
description) ::5EGi'c c)(!lt!J(T
THE CITY OF ASPEN AND
AeJA P. ADAIR JJiL
lJ..b ~a-JA ~
, (
A A-f1f\C-~
WHEREAS,
is~wner(f) of the real
(and legal
of property, Aspen, Colorado,
(hereinafter "Owners"); and
WHEREAS, Owner has recently received land development approval(s); and
WHEREAS, Owner's property may benefit from future public improvements such as storm
drainage systems, street lighting, sidewalks, curbs and gutters, and similar public improvements for
future construction; and
WHEREAS, these improvements serve entire neighborhoods and areas greater than a single
property and therefore are impractical for individual property owners to design and construct; and
WHEREAS, the City Engineer does not recommend the construction of such improvements
at this time due to existing improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees to join future improvement district(s) established to plan, design, and
construct such public improvements and to financially participate on a pro rata basis as may be
established by an assessment formula to include property area, property frontage, per each property,
or other basis of assessment, as appropriate, as determined by the City Council acting as a Board of
Assessment in accordance with the City Charter or Colorado State law.
2. In the alternative, at the City's option, the City may construct the above improvements
and owner shall reimburse the City for all costs of such construction on a pro rata basis established
by an assessment formula. Reimbursement shall be made to the City within ninety (90) days after
receipt of invoice. In the event of failure to pay, the cost shall be placed as a lien against the
property to run with the land.
IMPRDST2.00c
11102/98
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429001 03/22/1999 12:!8P AGREE"EN DAVIS SILVI
1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
3. Ibis agreement shall be binding and shall inure to the benefit of the heirs, assigns, and
successors in title of the parties hereto. Ibis agreement shall run with the land and shall be
recorded to provide notice to subsequent owners of the property.
Enteredintothis)/1f'dayof f~_, 19ft.
By: "-t' r.~ r'
State of Colorado )
f\ QJ\; ~t\(lQ.
County ofPitltin )
The foregoing instrument was acknowledged before me thi~ day ~'<Uo.Al1
19'1'1 , byAr~. (, ~'-t- ,,')(Z- .
My commission expires:
Address:
Notary Public
~2>I~ ~6 ~~
8h-> \1" u:re~ C0 26\ \. \
l
CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: t....--.."':q-.(// /7&d:u.
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1111111111111111111111111111111111111111111111111111111
429001 03/22/1999 12:!8P AGREE"EN DAVIS SILVI
2 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
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2 OF 2
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EXHIBT "A" -----LEGAL DESCRIPTION
PARCEL A:
LOTS 1 AND 2'0 BLOCK 7/ RIVERSIDE ADDITION TO TilE
ASHl'l. EXCEPTING TIlE SOUTHERLY FIfTEEN (15) fEET
'PROPERTY.
PARCEL D:
A PARCEL Of LAND DEING PART Of LOTS 1, 2 AND 4, BLOCK 7, RIVERSIDE
ADDITION TO THE CITY Of ASPEH, COL0RADO, SAID PARCEL IS HORE FULLY
DESCRIBED AS FOLLOWS:
DEGIHNIIIG AT 11 POINT ON TilE WESTERLY LINE Of SAID LOT 1 WHENCE TilE
SOUTIIWESTERLY CORNER Of SAID LOT 1 DEARS S 00014'00" W 15.51 FEET;
THENCE S 00014' 00" W 23.00 FEET MONG TilE WESTERLY LINE Of SAID LOTS 1
AND 4; THENCE S 65041'25" E 40.05 FEET; TIIENCE N 21050'00" E 15.00 FEET
TO A POlin' ON THE EASTERLY LINE Of SAID LOT 2; TIlENCE N 75006'00. W
41.00 fEET ON A LINE PARALLEL TO AND 15.00 FEET FROM TilE SOUTHERLY LINE
OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
PARCEL C:
'A TEN (10) FOOT STRIP ALONG TilE SOUTIlERLY LINE OF LOT 9, PROMONTORY
SUBDIVISION, ASPEN, COLORADO, 'EXTENDING FROM TilE SOUTIlWEST CORNER OF S1\10
LOT AT PARK AVENUE EASTERLY APPROXIMATELY TWENTY-FIVE tEET (25' I TO TilE
WEST SIDELINE OF A FIFTEEN FOOT (15') STRIP ALONG THE EASTERLY LINE OF
SAID LOT PREVIOUSLY CONVEYED TO DR. ROBERT BARNARD.
PARCEL D:
BEGINNING AT THE RECITED NORTHEASTERLY CORNER OF LOT 2, BLOCK 7, RIVERSIDE
ADDITION TO THE SOUTHWESTERLY CORl<ER OF AN EXCEPTION PARCEL RECITED IN
BOOK 457 AT PAGE 136, PITKIN COUNTY CLERK AND RECORDER'S OFFICE, BEING A
REDAR AND CAP FOUND IN PLACE' BEARS Nilir~ .uohS" iE I A .I1JISTANCE OF 17.55 FEET;
THENCE N 75006'00" W ALONG THE NOR'J;';H, ,llOptjQ,J\RY. LJ:.,t'll;;"WSAID LOT 2, BLOCK 7,
A DISTANCE OF 32.48 FEET; THENCE N~~t~~J~li~.JE '~Gg4GJ trHE WESTERLY LINE OF
THE EASTERLY 15.00 FEET OF LOT 9,. It~QC.K1",P)~OM?!;lTp"~,,SUBDIVISION A
DISTANCE OF 13.77 FEET TO A POINT. qN)A'Nrl':~I:i-rtINg\~~i~INE; THENCE ALONG
SAID FENCE LINE THE FOLLOWING TWO (21 CduRS~;'S S7000'10" E A DISTANCE
Of ~.~4 FEET; THENCE S 50049'49" E A DISTANCE OF 28.10 FEET TO A POINT ON
THE SOUTlffiRLY BOUNDARY OF LOT 7, BLOCK 1, PROHONTORY SUDDIVISION; TRENCE
ALONG SAID SOUTHERLY BOUNDARY LINE S 77045'35" E A DISTANCE OF 5.37 FEET;
THENCE S 21050'00" W ALONG THE RECITED EXTENSION OF ~lE EASTERLY BOUNDARY
LINE OF LOT 2, BLOCK 7, RIVERSIDE ADDITION TO THE CITY OF ASPEN A DISTANCE
OF 3.19 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 262.0
SOUARE FEET, HORE OR LESS.
::1"
CITY ~D TOWNSITE OF
OF SAID ABOVE DESCRIBED
COUNTY OF PITKIN,
STATE OF COLORADO.
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429001 03/22/1999 12:!8P AGREE"EN DAVIS SILVI
3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
Schedule
Page
No.
n'''_1.Q99.0040IZ
""Ir.INAL
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