The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ec.DePagter 0217 Harbour Ln.A26-91 .. . '~}( ',\\ (, Vl ~\ ~ v CASELOAD SUMMARY SHEET City of Aspen ~~~: :;:=~ iflRli~' PARCEL ID AND CASE NO. 2735-123-00-018 A26-91 STAFF MEMBER: LL PROJECT NAME: DePaqter Lot Snlit and Man Amendment Project Address: 0217 Harbour Lane. Asnen. CO Legal Address: Metes & Bounds APPLICANT: Jack DePaqter Applicant Address: 0217 Harbour Lane. Asnen REPRESENTATIVE: John Simmons Representative Address/Phone: 720 South Asnen Asnen. CO 81611 925-736r / ' ==:J, ! PAID: YES NO AMO~ / fact () NO. OF COPIES RECEIVEDf~1 ~ . TYPE OF APPLICATION: ~ 1 STEP: 2 STEP: V ~ P&Z Meeting Date!3/ (Q I ~ I ;~C HEARING: ~----;o----- t'v'(;:) "",J,..-Q r S VESTED RIGHTS: YES NO I Q a lJ r,. / Si)\'l,.~lorcl CC Meeting Date 8/\ r,2.,. PUBLIC HEARING:~ , ~L:t -,~cu/ '8/ . -t-.' L. , ' ,=;- .:! ~ I..AU:l w 1\$ l,u...-~ ~ h~ 1'rtrD<?_ 0((9..-. rtA~ VESTED RIGHTS: YES NO ~ Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: RE~~~~ Attorney City Engineer J Housing Dir. vi' Aspen Water City Electric Envir. Hlth. Aspen Con. S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshal Building Inspector Roaring Fork Energy Center '1/idcv/ School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: INITIALS: -rY FINAL ROUTING: i DATE ROUTED: !///CJ/tiC7 INITIAL:7J('tV _ City Atty _ City Engineer _ Zoning _ Housing Other: Env. Health FILE STATUS AND LOCATION: W;;:ti-d/L~/(~n''-/ .:fJU -Rr~ '" -- /........ .ollanb .oust ~kt 1Lnllgr ,'.... BOX 182 ASPEN, COLORADO 81611 August 11 1992 Leslie Lamont Aspen Planning and Zoning CoJl11tli....inu 130 S. Galena St. Aspen Colorado Dear Leslie Lamont: The de Pagter family has decided not to pursue their lot split and annexation into the City of Aspen. We wish to remain in the county and plan to pUIllUC an addition and a A.D. U. to the existing house. We thank you for your time and effort, and would you please be kind enough and return our application fee deposit. Sincerely, ,kt ~..' 'IJ { "", ~D-) ~~ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920,5090 LAND USE APPLICATION FEES City 'i 00113 -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 00125 00123 00115 REFERRAL FEES: -63340-205 -63340-190 -63340-163 County 00113 -63160-126 -63170-127 -63180-128 -63190-129 -63200, 130 -63210-131 -63220-132 -63230-133 -63450-146 00125 00123 00113 REFERRAL FEES: -63340-205 -63340-130 -63360-143 PLANNING OFFICE SALES 00113 -63080,122 -63090-123 -63140-124 -69000-145 Name: Address: \\ \i--......~,::.0 ~ " \-.!'AY~~~one: Project: GMP/CONCEPTUAL GMP/FINAL SUBiCONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLlCATIONSi CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMPiGENERAL GMPiDETAILED GMP/FINAL SUBiGENERAL SUBiDETAILED SU BiFI NAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLlCATIONSi CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMPo PLAN COPY FEES OTHER k i ---~) - -> SUBTOTAL TOTAL :t\,-;,~,-- Check # .::.0 -c--~ -j ',.1\ /. \: -- . ~ ( : Date: #ofHours: Additional billing: \--::---. .-, /) / ~ Date Feb 19, 1990 To Mr. Bill Efting Acting City Manager 130 South Galena Aspen Co. 81611 Mr. Efting, My family had been working on annexing our harbor lane property property into the city. Ron Mitchell Reviewed our annexation and we were to a point of signing the petition for annexation when the giving up of our water rights stalled the process. We have since resolved the water question through Fred Gannet's office. We would now like to sign the petition for annexation and continue the process. I talked to Keren and she suggested I write this letter to get the annexation started again, she has our file" Harbor lane dePagter annexation" The reason for this annexation has some back ground which I would like to explain. My family has owned and operated the Holland House Ski lodge for the last forty years. My parents offered my husband and myself the opportunity to run the Holland House seven years ago so they could semi retire and not sellout like so many others. We now own a portion of the business and have been living in a small 480 square apartment on premises. Our parents have offered us part of their property on Harbor lane so that we could build a home and start a family. Since their offer we have found out that the property is in the county surrounded by city and is about 3,000 square feet to small to split under county guide lines. However the property could be split if it were in the city, Therefore we would like to annex the parcel contingent on a lot split. Our intent is to build our home on the property and continue our families business into the future. This town has been my home for thirty three years and I have seen to many of our working people, friends and old timers forced out by the housing crunch. This annexation and lot split would for us solve the problem of affordable housing. I would like to set up a meeting with you to find out how best to proceed with the annexation. I can be reached at 925- 7361. Thank you for your time. Yasmine dePagter Box E Aspen, Colorado "',"" 21 "'>.., '- ~_~ 'YI 9-90 J PROOF OF PUBLICATION STATE OF COLORADO) ) SS. County of Pitkin ) I, William R, DU/U1way do solemnly swear that I am the Publisher of THE ASPEN TIMES: that the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said news- papcr has been published continuously and uninter- ruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspapcr has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements ,,~th the meaning of the laws of the Sta te of Colorado, That the annexed legal notice or advertisement was published in the regular and entire issue of every num- berofsaid weekly newspaperforthe period of \ consecutive insertions; and that the first publication of SaidJ10re was in the issue of said newspaper dated ~, Z!1 AD" 19.:1oand that the last publica-- lion of said notice was in the issue of said newspaper dated AD" 19_, 1YICVj cf~ !~ > Subscribed and sworn to before me, a notary public in ~9/or the COUntyr~Tkin, State of COA>rado, this ~ day of AD" 19JD, t~;~-ib1C Notary blic ' My commission expires rz)qz- c;o.py ,of Notice 1 public notice ._ ,- _. _ RESOLUTION NO 12 ..... ~ _ .,. . . ,"_. (Serle. of 1990) _ '. A RESOLUI'JON OF TUE CITY COUNCILOr THE erTY OF ASPEN RElATIVE TO mE- PETrrION FOR ANNEXATION OFTERRlT- ~ ORY TO mE em OF ASPEN COMMONLY. KNOWN AS-TilE DEPAOTka PARCELl' FINDING SUBSTANTIAL COMPLIANCE' J WrrH THE APPUCABLE REQUIREMENTS . OFTlIE MUNICIPAL ANNEXA'MOM ACT OF -0 1965 SECTION 31_12_101, C.R.S. gr SEQ.); M'D AUTHORIZING THE INSTITln'JON OF zomNG PROCEDURES FOR LAND IN THE AREA PROPOSED 1'0 BE ANNEXED . WHEREAS the annexed Petition for Anne- xation oC Territory to the City of Alpen (The Depa(t.er pllJ'ttl) has been filed with the City Clerk whereby that territory commonly known as Tne DePagt.cr Panel and more particularly de&eribed al followl il being petitioned for anne- ution to the City of Alpen;. . " "', - . A tract of land lyin. in the NE 1/4 of the SW : 1/4 oCSect.ion 12, Townlhip 10 South, Range 85 Welt of the 6th P.M. Said tract il more fully_. duc:ribed al followl: , .- Beginnin,..at a point which 11 Comer" oC the North TexBl Milllite U.S.M.S. 3268; thence. N Hi-30' E;37.00 feet; thence. N 25-14'15- E, 93.62 _ feet; thence N 11-10'19-E, 209.87 feet; thence S 15~O'W 21.85 feet; thence. N 7.c-SO'W, 130 feet more or ie.. to the center line of Castle Creek; thence Southeasterly 360 feet more or Ie.. along the tenter line of Caltle Creek to the point of beRinning, containing 36732 1<1. n.. more or Ie.. (0.84. acrel ~-). '. . and .-::r;. _-,-_~~ ::'_~~-', ,- , WHEREAS, punuant to the porcedure,: of Municipal Annexation Act oC'1965 (Sect.lon 31-12-101, et seq., C.R.S.) the City Clerk hat . referred the petition aI a c:ommunicaiton to the.. City Coune1 for appropriate action i.o determine.. whether It II luMtantaially in compliance with lublM!Ct.ion (1) ofSec:tion 31-,12-101, et JeC;;., and WHEREAS, the petition, including accom- panying copie, of an annexation map, ~al bee~~, reviewed by the City AttornII)' and City En~- ~, neer, and have been found by them ':0 eonwn the inCormaUon. required by .w.eCUon (1) DC '. Section 31-12.107iC.RS.,::whichfindinr.... hereby adopted by the City COuncil; an , WHEREAS; the petition has been limed by I' __~:~~e~~~~~;~~~:~S~~y~:' I WHEREAS,-'Panigraph.:' -6-' oC the' petition : rec:iw \hat petitioners, ",an tadllCemflnt tD the '" [. . City of Alpen.to,annex thea~oreu.id~ ban:, . _ 8creed tDalInveyallappurtenantwatern,hts to ,'--' the City IlDd deliver an)' doaunents requelted ; '- by the Cit)' evidencing the dedication of.any \ '. In"" 88t the pe.titionua me. y, have in "'d~at.er ".~ ", rilbta, suQiect- too an' agreement by the City to , : releuewfetitionerrigbtstoadomuUcwel1u" .... Jieptia\ed. by the pettiea ina mutually Mlilrao. jo ! ';~,~~~,.rrER~F()~-~irrr'RiSoL;;gn'BY~- f:.:.:;.~'~fg~~~Hk,~ji~~~~;~~,~ I' , >'.'.Secdon 1; 't '-'-',,~.'- ~~. ~~.,-~..,-. ,""- '. :";'-fi-That ~Utioa.ro(a:;nei8tJon'Ot'i.eriitOrY)o: j-" the City,,; of._~Alpen":..{Tb.:, DeP.,~r, _l:'arceJ) ',. I - anD~od.':ben:to and,:lDCOrporated,;.l\erein by..:' "_'- reference fa h~ found_ and detemrlned to be'1 ~ -: in lW.taiatW cOm~CI 'With the' provilioDs or~~ ":_"- wbRdion-U" of -rdU~J2.107. c.R.s.~.~~ . ~~,SectiOD 2.....:~~~4~_j;~~.>'~_._. ~ '.':"'1n accordanCeWfth 5ec:t1on. S1.12~I08, C.R.S.jv=,: - which.nquiruthat'.. .'pan. or.ruolution'''~ ~~- &ding.ubltantia1 cOmpliuce orall annuatlon;!"_ ~~:- ,*,UOD; tb.j-,w.,mbi( bOdtJ1 'n&rt' obUptecl. to3.; .:, hold. hurin.::to'-_d.t.ennin..,jCthe pro~--=.. ,-'. annuation. eompU..-with. SectIon. ~1.~104..#~ ~,' and. ~11.].2.U16.0.R.S~~~~'"-."<';:~.' ,:":;~,Sect:IOn:a:-""-:-i,.~"~..~"'~ ":'~.Th. Cjty1Clerk~:pubUc'"notf.....!~ ,::iequired that:the'AtePn"Cit1~Councfl,made.~ , &din, offac:l. that. the .ubject. paR:el hu bMD.,,:, eDunl)' c:ontained within the boundari.. or the ::: :->City of A.peD far more thu'thrM years; that" , .,;: the City or AIpeD intend. to annex the .ubject. :. p&RleI by ordinance; thattheCityof Aspen, pur. .aant to Section 31-12-106. 11 exempt from s.c;:. ; tiODI 31.12.104.':-31-12-1o:i.-:31-12.108and:; .,~,3k12-1l!9. C.1L8..j that noUC18 !f"the pro~ ,,,. annexaUOD Drdinanee .hall be I'lven by publi-;--;.. ':.;: d.on .. p1"OVi.ded. in- 0.&.8."31-12-108 (2) for,'r, - notice of annexation petition. ad neo1utlOll.':~,_ I iDitiatia, anneutioc jmM:eedinpj uw.. pubtic- . hearing Dft thflpropoMd lUlDualiOll ordinanC:8'- .- IhaU not.berequireclj and that the tint. publi~ 'r [ tlonofnotic:eJhallbea1lea5tthirtyda)"lpriorto~. .' the adoption of the annexation ordinanCL :',c: ~:'".':.,~ Saici notice lhaU be published. once. week ror..:. - .(: four l\KU:uivaweekl,in._the ~~Timu, .~: -...;; MWSp8JM11' or pneraJ ch'cuJatio. in' the ana.', 1,,_.:, propoaed to.bI &nnuIMf.,'Ib. Qnt. pubUcatiOD, ~ ,~'elW1 be at.leaat thirv (30) ~ prior_tothfl ,.~. .dopUon of the annUlnl'ordlnanc:e.:-~~~':", "u'" --"~:;.:~=:nt~-~~:3i~'12~ii5: 'c:is~7:~~" t:::.:'ift...i4'of'P1aiDnr"""ot-U;;::a'ty~~i A~-il~~:::: t :.:~ bereby'.directed. to b!'date ajlpropriat.e zoninr; !..,' ,procedlU'Uwithreprd to tblterritor;ypnlpolDd.; U:'--~~~'2~1~T~c~~';~~~;~~'~';:' C!~~~~;::r..$~~ ; and aclt\U'aW toE" m that. 'hDOIudOll tdopted by i :..C::'~c;It~Jt~~~~D~:[.~_ tl1bU.h~'ij\~;~~~;~~2. 6,12, and 19.1990. ,~ .,' .~:' .' :'F:,:'~~;;::~~.- , 1" ..." /<~'"'\ ..... PUBLIC NOTICE RE: DePAGTER MAP AMENDMENT AND LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 6, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Jack DePagter requesting a map amendment to zone the metes and bounds property located at 0217 Harbour Lane, Aspen, to R-15 PUD. The property is currently in the process of being annexed to the city of Aspen. The applicant also requests approval of a lot split. For further information, contact Leslie Lamont at the Aspen/ Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-5090. s/Jasmine Tvqre. vice-Chairman Planning and zoning commission , , ~t~ 1,\,] tL MAY - 11990 To Members of City Council, The reason for this annexation has some back ground which I would like to explain. Jack and Anneke dePagter have owned and operated the Holland House ski lodge for the past forty years. Seven years ago they offered my wife and myself the opportunity to run the family business. We now own a portion of the business and have been living in a small 480 square apartment on premises. A few years ago we started to look around the valley for a place to live so we would have some more room to possibly start a family. Jack and Anneke then offered us the option of building a home on their lot down on harbor lane, so we looked into the possibility of doing this, and here in lies the reason for our annexing this property into the city. Jack and Anneke's property come to find out lies in the county and is surrounded by city, under county guide lines the parcel is about 3,000 square feet to small to split in the county but it would be large enough to split if it were in the city. Therefore we would like to annex the parcel contingent on a lot split. Under city guide lines we cannot start on a lot split until we have been annexed and there are no guarantees once annexed that the lot split will be approved. I have researched the requirements for annexation split and the property seems to meet all the criteria complish this, we now must jump through all the hoops. and lot to ac- This town has been our home for many years and we have seen to many of our working people, friends and old timers forced out by the housing crunch. This annexation and lot split for us would solve the problem of affordable housing. Our intent is to build our home on the property and continue our families business and possibly pass it all on to the next generation!! Thank you for your time Jack Simmons Yasmine dePagter "'"' .... 26 July, 1991 RECEIVED THIS DATE, HAND DELIVERED BY YASMINE DE PAGTER, THE FOLLOWING : ONE COPY OF THE PUBLIC NOTICE REGARDING THE DE PAGTER MAP AMENDMENT AND LOT SPLIT. /y/ 2 c > /:;::-~/( .~---_. S1GNED BY: CAROI:" ()' DOWD CITY MANGER , PUBLIC NOTICE RE: DePAGTER MAP AMENDMENT AND LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 6, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena street, Aspen, Colorado to consider an application submitted by Jack DePagter requesting a map amendment to zone the metes and bounds property located at 0217 Harbour Lane, Aspen, to R-15 PUD. The property is currently in the process of being annexed to the city of Aspen. The applicant also requests approval of a lot split. For further information, contact Leslie Lamont at the Aspen/ Pitkin Planning Office, 130 S. Galena st., Aspen, CO 920-5090. s/Jasmine TVqre. Vice-Chairman Planning and Zoning commission ,.... 30 ney , I , .1, '/ CITY, JUt 12 Ie July 10, 1991 Mr, John Simmons 720 South Aspen Aspen, Colorado 81611 Re: DePagter Lot Split, Map Amendment and Annexation into the City of Aspen Dear Mr, Simmons: I understand from Leslie Lamont from the Planning Department that your application for a lot split will shortly be considered by the Planning and Zoning Commission, Inasmuch as your petition for annexation will need to be acted upon by City Council before, or at the same time, as the lot split request, I wanted to set down in writing those matters that will need to be accomplished before City staff recommends to City Council adoption of an annexation ordinance. I am sure that some of these items have already been accomplished or that you are already aware of them from previous conversations with this office, Nevertheless, I thought the following could serve as a check list for both City staff and you to remind us of matters that need to be accomplished before we place the annexation ordinance on Council's agenda. L Execution of a Water Service Agreement I am enclosing a draft that was prepared by the City's special water counsel, John Musick, for your review. 2, Execution of a Raw Water Agreement I am enclosing a draft that was also prepared by Mr, Musick, Please note that there are a number of provisions that are still blank and will need to be completed. a. The Raw Water Agreement provides for the conveyance of the DePagter water rights to the City. In order to do so, it will be necessary for you to provide descriptions of those rights so we can include them in the Agreement b, The DePagters will need to supply warranty deeds of the water rights so we can review them. @ recycled paper l"""'-' ." ." - ,.....- \ i JUl I 2 1991 , j ,i_ ' MEMORANDUM TO: FROM: LESLIE LAMONT, PLANNING DEPARTMENT LARRY BALLENGER, DIRECTOR O~~ATER JULY 14, 1991 ~ DATE: SUBJECT: DEPAGTER LOT SPLIT There are sufficient water mains in the location to provide potable water to this development. If the property is developed prior to annexation, a Water Service Agreement must be obtained. All City Ordinances and Policies will be applicable, including Water Rights Dedication. The Developer will be responsible for all costs of water system expansions to serve the development and all tap fees will be assessed per City Codes, LB:II cc Judy McKenzie, Customer Service Accountant r..... 3, It will be necessary for you to contact the City of Aspen Water Department so they can determine: a, The amount of the tap fee which will need to be paid by the DePagters; and, b, The exact course any water lines will take upon the subject property and City owned property to connect with a City water main, 4, Following the recommendations of the Water Department relating to the course of any water lines, it will be necesarry for the DePagters to obtain a legal description of the course in order to prepare easements for the water lines on the subject property, I believe Mr, Buettner, the surveyor that prepared the original annexation map could be helpful in this regard, 5, Water line easements as set forth in the Water Service Agreement will need to be prepared, This office will be able to prepare them upon receipt of the legal description referenced above, If you have any questions about the enclosed documents or any of the above steps please do not hesitate to contact this office. ohn P. Worcester Assistant City Attorney cc: Larry Ballenger, Water Department (w/encL) ~lic Works Director (w/encL) -...rlanning (w/encL) RAW WATER AGREEMENT THIS AGREEMENT, entered into this day of , 1991, by and between the City of Aspen, COlorado, a Colorado municipal corporation and home rule city (hereafter "City"), and Jack and Anneke DePagter (hereafter "Depagter"). WIT N E SSE T H: WHEREAS, the City and the DePagters have heretofore entered into a Water Service Agreement, dated recorded , Reception No. in Book at Pages , inclusive, Pitkin County, Colorado; and WHEREAS, the DePagters duly executed a Deed on , Reception No. in Book at Pages , Pitkin County, Colorado, Conveying certain water rights pursuant to the Water Service Agreement; and WHEREAS, the parties desire to enter into this Agreement contemplated in Paragraph 7 of the Water Service Agreement. NOW, THEREFORE, for and in consideration of the premises, mutual promises and covenants herein contained, the City and the Depagters agree as follows: 1. This Agreement shall be of no force or effect Unless and until the Property tOibe served is annexed to the City. 2. This Agreement shall continue in effect for a period of ( ) years from the day and year that the ~ Property to be served is annexed to the city. This Agreement allows only the use of untreated raw water owned by the City and conveyed by a well. No right to use treated water carried in the city's domestic water distribution system is granted in whole or in part under this Agreement. 3. Upon termination of the aforementioned (____) period, this Agreement shall be renewed upon the same terms and conditions. 4. The Depagters shall pay to the City an annual charge for water provided by the City under this Agreement. Said annual charge shall be paid on or before April 1st of each year but, in any event, shall be made before the delivery of any water by the city pursuant to this Agreement. Said annual charge shall be as follows: ($ a. The Depagters shall pay ) per irrigated acre per year. Dollars b. All costs assessed to the City and any other charges or expenses occasioned by the use of the any structure by reason of the City's ownership of the following decreed water rights: (1) c. The City may in its sole discretion substitute other sources of raw water supply for said lawn, garden and landscaping irrigation provided said water is delivered without any increase in the annual rental under paragraphs 3(a) and 3(b). The City may also, in its sole discretion, change the above-de- scribed water rights in an appropriate court proceeding. The 2 Depagters shall cooperate with the City in any such proceedings, and the city may claim total credit for all historic consumptive use under the above-described water rights in any such proceed- ing. 5. It is agreed by the parties that acres shall be irrigated by the DePagters during the 19 irrigation year for an annual payment of Dollars ($ ), receipt of which is hereby acknowledged by the city. It is further agreed that, for purposes of this Agreement and any renewals hereof, it shall be assumed that the Depagters shall continue to irrigate acres during each irrigation year absent written notification to the contrary given to the City no later than fifteen (15) days prior to any annual payment due date. 6. The DePagters shall, at their expense and in a manner sufficient to maintain the water right, utilize the water deliv- ered for the purposes permitted and perform all acts necessary to accomplish the irrigation of said Property. It being expressly agreed that the City's obligation and expense shall terminate upon delivery at 7. The city shall not be liable for the failure to deliver water by reason of a structure breakdown or other structure conditions which prevent or curtail delivery, which conditions are not within the control of the city. 8. The use by the DePagters of irrigation water delivered under this Agreement shall be limited to the traditional uses to which water has historically been applied with the water rights described in Paragraph 4(b) above. The DePagters shall not use the water provided under this Agreement for any purpose other than irrigation of the lands described on Appendix 3 hereto. Such traditional uses of the water permitted herein include irrigation of the lands and all home lawns, gardens, shrubs, and trees on the land set forth in Appendix hereto. 9. Upon full payment as provided for in Paragraph 4 hereof, the City shall deliver to the Depagters from the well located on their Property a quantity of water necessary to reasonably accomplish, without waste, the irrigation of a maximum of ( acres within the Property described in Appendix hereto. The city agrees to deliver irrigation water during the historic irrigation season at all times the City's DePagter water right is in priority and legally divertable under the laws of the state of Colorado. When said Ditch Pipeline and water right is not in priority, the city shall deliver to the DePagters c.f.s. of the water right described in Paragraph Notwithstanding any other provisions of this Agreement to the contrary, at no time will the City be obligated to provide to the Depagters irrigation water under this Agreement when the stream flow of drops below at the headgate of the Ditch or the emergency needs of the City require water supply, or for repair or maintenance of the ditches. 10. This Agreement shall immediately become null and void, and of no further force or effect, if the property to be served is not annexed to the City within thirty (30) days from the date and year first above written. 11. This Agreement, as supplemented by the Water Service Agreement, supersedes and controls all prior written and oral agreements and representations of the parties and shall con- stitute the total integrated agreement among the parties. 4 , l2. Except as expressly provided for herein to the con- trary, this Agreement may not be amended, except by subsequent written agreement of the parties. l3. By executing 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. 14. This Agreement shall not be transferred, assigned, or in any way conveyed to a third party by the party of the second part without the prior written consent of the city. IN WITNESS WHEREOF, we have set our hands and official seals on the day and year first above written. THE CITY OF ASPEN, COLORADO A Municipal Corporation By: John S. Bennett, Mayor ATTEST: Kathryn S. Koch, city Clerk Jack Depagter 5 ,r-,'-, Anneke Depagter APPROVED AS TO FORM: Larry Ballenger Water Department Director Edward M. Caswall, City Attorney STATE OF COLORADO ) ) ss. ) County of Pitkin The foregoing instrument was acknowledged before me this day of , 1991, by John S. Bennett as Mayor of the city of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public .j:;-'/ Address 6 STATE OF COLORADO ss. County of Pitkin The foregoing instrument was acknowledged before me this day of , 1991, by Jack Depagter and Anneke DePagter. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address 7 ~..."~ WATER SERVICE AGREEMENT THIS AGREEMENT is entered into this day of , 1991, between the City of Aspen, Colora- do, a Colorado municipal corporation and home rule city (hereaf- ter "city"), and Jack and Anneke Depagter (hereafter "DePag- ters") . WIT N E SSE T H: WHEREAS, the City owns and operates the City of Aspen Water System in accordance with the laws of the State of Colorado and the Charter, Code, Policies, and Ordinances of the City of Aspen, Colorado, and this Agreement is entered into in conformity with and subject to those laws; and WHEREAS, it is in the interest of the Depagters to aid in the construction of municipal water transmission facilities; and WHEREAS, the Depagters desire City water service for certain property located in Pitkin County, Colorado, as more fully de- scribed in Exhibit "A" hereto (hereafter "Property"), all of which is currently located outside the incorporated limits of the City, but within service Area of the water system of the city; and WHEREAS, the DePagters desire the Property be annexed to the City; and WHEREAS, the Home Rule Charter for the City of Aspen, Colorado, Art. XI, section 11.3, provides that all newly-annexed territory shall be served by municipal utilities within a reason- able period of time after annexation; and r"'"" WHEREAS, section 23-55 of the Municipal Code of the City of Aspen, Colorado (hereafter "Code") requires that all buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system, and that no person shall connect an independent water supply onto the municipal water utility system; and WHEREAS, water service for the Property will necessitate the installation of ceratin water mains and related facilities, as described on Exhibit " " hereto and shown on Exhibit " " hereto; and WHEREAS, section 23-56(b) of the Code requires that the extension of water service outside of the boundaries of the City shall be made pursuant to an agreement with the City, that the city shall not be obligated to extend such service and may provide such service only upon a determination that it is in the best interests of the city, and that the city may impose such requirements by bond or agreement as the city determines are necessary to protect the best interests of the city; and WHEREAS, Section 23-56(c) of the Code provides that all persons requiring the extension of existing water mains shall be responsible for the cost of such water main extensions and of any connections thereto, and shall fully comply with all other Water Main Extension Policies of the City; and WHEREAS, the Water Main Extension Policy of the city prohib- its any water main extension without providing for the costs of such an extension by agreement with the City, and in the case of an extension outside the City limits without approval by city Council and without a water service agreement; and 2 /'..., WHEREAS, the city has determined that this agreement and all covenants herein are necessary to comply with section 23-56 of the Code and the Water Main Extension Policy of the city and to obtain water right, right-of-way and water system benefits for the City, and the City is not entering this Agreement as a public utility nor holding itself out to the public in general as capable of or intending to provide water service extraterri- torially; and WHEREAS, section 23-44 of the Code provides for the rating of new or expanded water service based on potential water demand as expressed in equivalent capacity units (hereafter "ECU"), and authorizes the director of the Aspen Water Department to make a separate ECU determination if the type of water service does not fit into the enumerated categories of potential demand; and WHEREAS, Section 23-58(d) provides for a schedule of utility connection charges per ECU according to the service area in which the new or expanded service will occur; and WHEREAS, no connection to a City water main may be made without a utility connection permit as provided by section 23-57 of the Code and without payment of all utility connection and hook-up charges then in effect under Sections 23-58 and 23-61 of the Code; and WHEREAS, section 23-56(g) of the Code requires, where appropriate, the dedication of water rights for new water service whether or not such new use requires a new or enlarged utility service; and WHEREAS, the city desires to encourage the use of existing irrigation water rights and raw water supplies for the purpose of lawn and other outside irrigation so as to reduce the dependence 3 on treated water for this purpose and to minimize the costs of providing treated water service in Service Area and to the Property; and WHEREAS, the DePagters acknowledge that the extraterritorial utility services extended by this Agreement are for the conve- nience and necessity of the city for the acquisition of water rights, preservation of minimum stream flows, continuation of open space irrigation, and construction of transmission lines, and that such services are extended only by virtue of and pursu- ant to the contractual rights set forth herein; and WHEREAS, the city Council of the City of Aspen will autho- rize the extension of water utility service to the Depagters and the Property described herein upon the Property's annexation to the city by ordinance. NOW, THEREFORE, in consideration of the premises, mutual promises, and covenants contained herein, the parties agree as follows: WATER MAIN EXTENSION PROVISIONS 1. The City hereby agrees to provide water service to the DePagters' Property as set forth herein after the Property's annexation to the City, upon the terms and conditions of this Agreement. 2. The Depagters shall pay to the City a sum of money to be based upon a calculation established by the Director of Public Works upon completion of preliminary design and final construc- tion cost estimates. In addition, the Depagters shall pay to the city as and for all utility connection and hook-up charges an amount calculated by the Director of Public Works in accordance 4 ,. with Sections 23-58 and 23-61 of the Code. The Depagters will also convey to the city all of the DePagter's water rights as full payment for the cost of water main extensions, connection thereto, and additional treated water storage necessary to service the DePagters' Property. Such payments and conveyances shall be made within thirty (30) days of the date of this Agree- ment, time being of the essence. 3. The City shall be solely responsible for the planning, design, bidding and construction of all water mains and related facilities described herein and in paragraph 4 below. within ninety (90) days of approval of the construction set forth on Exhibit II II hereto by the city council and payment and conveyance by the DePagters as set forth in paragraph 2, the City shall put the construction of the water mains and related facili- ties described in Exhibit II II hereto out for bid and immediate construction. All plans shall be prepared by a Colorado regis- tered professional engineer and shall be in accordance with the city's standard specifications. 4. The City agrees to use its best efforts to finance and construct the water main extensions and related facilities described on Exhibit II II hereto. 5. The city shall not be required to perform its obliga- tions under paragraph 3 unless and until the Depagters convey in perpetuity to the City all easements necessary for the installa- tion of any water mains or appurtenant facilities described in Exhibits "_", "_", "_", and "_" hereto crossing any land of the DePagters, said easements being twenty (20) feet in width and being described as ten (10) feet perpendicular on either side of the water mains. WATER RIGHTS DEDICATION 5 6. In satisfaction of the water rights dedication policy of the city, and in furtherance of the city's policies of encour- aging lawn and garden irrigation with existing irrigation water rights and raw water supplies to the greatest extent possible the Depagters, upon annexation, shall convey the water rights de- scribed on Exhibit II II hereto to the City by special warranty deed with full warranties and covenants of title. 7. To the extent a method exists to deliver water, the City shall supply to the DePagters as much raw water as is reasonably necessary to beneficially irrigate the lawns, gardens and landscaping on the Property under a leaseback of the water right described and conveyed under paragraph 6, pursuant to the Raw Water Agreement to be separately executed and containing provisions consistent with this Agreement. In no event shall the City be obligated to supply any more water than is available under said water rights. The Depagters shall pay an annual rental to the City under this lease which is equivalent to all annual operation and maintenance costs incurred by the City as a consequence of the ownership of the above-described and to-be- dedicated water rights, and of the use of those water rights for lawn, irrigation and landscaping purposes on the Property. The City shall have all the remedies under Section 23-106 of the Code or otherwise provided by law for the failure of the Depagters to pay this annual rental. The supply of water under this lease shall be subject to interruption due to the emergency needs of the city, the maintenance of minimum stream flows, or for the purposes of ditch, lateral, or other maintenance and repair. 8. The City may in its sole discretion substitute other sources of raw water supply for said lawn, garden and landscaping irrigation on the Property provided said water is delivered to the Property without. any increase in the annual rental. The City may also, in its sole discretion, change the above-described 6 .',;.,..'c .,....".". water rights in an appropriate court proceeding. The Depagters shall cooperate with the city in any such proceeding, and the city may claim total credit for all historic consumptive use under the above-described water rights in any such proceeding. 9. The DePagters may apply for additional utility connect- ion permits for land, garden, and landscaping irrigation with treated water. The director of the Aspen Water Department shall rate such treated water irrigation under the then-existing rating table. 10. The Aspen Water Department may issue a utility connec- tion permit for such treated water irrigation for all new uses in the future by the payment of an additional utility connection charge in accordance with this rating and the utility connection charge then in effect for Service Area The acreage covered by the Raw Water Agreement provided for herein shall be reduced by the acreage that will be irrigated with treated water under any such permit. WATER SERVICE PROVISIONS 11. Upon full performance by the DePagters of the pro- visions of this Agreement pertaining to water main extensions and water rights dedication, the Aspen Water Department shall issue utility connection permits for water service at such times as they are applied for by the DePagters. 12. At such time the Property is physically connected to the city's domestic treated water system, the Depagters shall, at the same time, physically disconnect their well or other private water supply source(s) from the Property. This provision is to safeguard the City's treated water system from any possibility of cross-connection of supplies. The method of connection and 7 , disconnection must be approved by the City Engineer prior to construction. The Depagters shall provide access to all compo- nents of their water system to city plumbing inspectors to ensure compliance with this paragraph. 13. Each service line from the extended main shall be in- stalled in accordance with sections 23-64 and 23-65 of the Code at the sole expense of the DePagters, and each service line shall be metered in accordance with section 23-104 of the Code, again at the sole expense of the DePagters. STANDARD PROVISIONS 14. This Agreement is for the supply of City water service to the Property only as specifically described herein, and no other taps, connections, or water services are contemplated or in any way authorized by this Agreement. The City is not, by this Agreement, prejudging, certifying or guaranteeing its ability to provide water service to any area outside the incorporated limits of the City, nor may this Agreement be used as evidence of approval of any land use requests, or as evidence of water service except as provided herein. 15. Unless expressly waived or adjusted herein, the DePag- ters shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Code, including the Charter of the City of Aspen, and of any other rules, policies or regulations of the City now in effect or as may be hereafter adopted. The Depagters agree to pay a monthly charge for all treated water service to the Property as currently provided by Sections 23-102 through 105 of the Code, or as hereafter may be amended. 8 ". ~ 16. The DePagters agree to adopt all such provisions set forth herein as the rules and regulations governing the use of water on the Property and agree that such provisions shall be as fully enforceable on the Property as inside the City. The DePag- ters agree to assist the City in every manner reasonably possible to enforce City rules and regulations made to protect purity, safety and supply of the water, including curtailment during times of shortage and elimination of any potential cross-connec- tions. The DePagters agree to prohibit all unnecessary or unrea- sonable waste of water on the property and to make reasonable efforts to enforce such a prohibition. Unreasonable or unneces- sary waste of water shall be defined for the purpose of this Agreement by Colorado law relative to diversion and use of water. 17. The parties to this Agreement recognize that the water supply for the city is dependent upon sources from which the supply is variable in quantity or quality and beyond the reason- able control of the City. No liability shall attach to the City hereunder on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to inadequate run-off, poor quality, or occur- rence beyond the reasonable control of the city. The City agrees to treat its water to meet all mandatory local, state and federal potable water standards and to exercise reasonable care and foresight in furnishing water to the Property as potable as that furnished inside the City. So far as reasonablY possible, the city agrees to construct and devote the facilities necessary to provide to the Property an adequate quantity of water out of the surplus water supply and excess capacity that the City has available for the supply of its similarly situated customers and ;;<~, in view of historical experience with water run-off. The judg- ment of the city in providing a margin of safety shall not be questioned unless clearly unreasonable. The city makes no 9 promise or guarantee of pressure, quantity, or quality of water supply except as specifically provided herein. 18. All water furnished hereunder is on a leasehold basis for use on the Property for all the various purposes for which the city has been decreed the right to appropriate water, and unless otherwise specifically provided herein, all property rights to the water to be furnished by the city hereunder are reserved in the city. Such water service does not include any right to make a succession of uses of such water and upon comple- tion of the primary use on the Property all dominion over the water so leased reverts completely to the city. Subject to the prohibition against waste and any other limitations on water use imposed herein, however, the Depagters have no obligation under this Agreement to create any particular volume of return flow from the water delivered hereunder. Nothing herein shall be deemed or construed as creating an obligation on the city or the DePagters to separate from said water any material added to it through use on the Property, nor shall anything contained herein be deemed as imposing on the Depagters any obligation by virtue of this Agreement for the purification of water after use on the Property. 19. The parties agree that by this Agreement, the City does not become a public utility, compelled to serve other parties similarly situated. The Depagters agree that neither it nor its successors or assignees shall at any time petition the Colorado Public utilities Commission to acquire jurisdiction over any water rate set by the city. The parties agree that in the event the City is held to be a public utility by virtue of the Agree- ment, the Agreement shall terminate and be of no further force or effect. 10 20. The parties agree, intend and understand that the obligations imposed by this Agreement are only such as are consistent with state and federal law. The parties further agree that if any provision of this Agreement becomes in its perfor- mance, inconsistent with state or federal law or is declared invalid, the parties shall, at the sole option of the City, either terminate this Agreement or in good faith negotiate to modify the Agreement so as to make it consistent with state or federal law, as the case may be. 21. Except as provided to the contrary herein, this Agree- ment shall only be terminated in writing by mutual agreement, and the term of this Agreement shall continue until such termination. 22. The parties to this Agreement recognize that the city has the right to enforce its rules, policies, regulations, ordinances, and the terms of this contract by seeking an injunc- tion to compel turning off or disconnection of the supply of water provided hereunder. In the event that the Depagters or any user on the Property violates the rules, policies, regulations or ordinances of the city as adopted by this Agreement or violate the terms of this Agreement, the City may, without seeking an injunction and after three (3) days notice to correct the viola- tion, terminate the delivery of water hereunder to the violator until such conditions have been honored by the violator. The City shall be free from any liability arising out of the exercise of its rights under this paragraph. 23. Failure of a party hereto to exercise any right hereun- der shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 11 24. All notices hereunder shall be given in writing by mail at the address of the party as follows, postage prepaid. city of Aspen c/o city Manager 130 South Galena street Aspen, Colorado 81611 Jack and Anneke Depagter 25. The City shall not be held liable for failure to perform hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of the city. 26. This Agreement may not be assigned without the written consent of the parties hereto. The city shall not unreasonably withhold its consent to any assignment of this Agreement so long as such assignment will not be injurious to the best interest of the city. 27. This Agreement shall immediately become null and void, and of no further force or effect, if the Property is not annexed to the City within sixty (60) days from the day and year first above written. 28. This Agreement supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement among the parties. 29. By signing this Agreement the parties acknowledge and represent to one another that all procedures necessary to validly 12 contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 30. The titles to this Agreement shall not be used to alter the meaning of this Agreement. 31. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Property shall be subject to this Agreement. The Agreement shall be promptly recorded by the City. IN WITNESS WHEREOF, the parties hereto set their hands and official seals on the day and year first above written. THE CITY OF ASPEN By: John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Jack Oepagter Anneke Oepagter 13 APPROVED AS TO FORM: Robert F. Gish Director of Public Works Edward M. Caswall City Attorney STATE OF COLORADO County of Pitkin ) ss. ) The foregoing instrument was acknowledged before me this day of , 1991, by John S. Bennett as Mayor, of the city of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address STATE OF COLORADO ) ) ss. 14 County of Pitkin ) The foregoing instrument was acknowledged before me this day of , 1991, by Jack DePagter and Anneke DePagter. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address 15 c "....,: - MEMORANDUM TO: city Attorney city Engineer Water Department FROM: , Leslie Lamont, Planning Office DATE: Depagter Lot Split and Map Amendment July 11, 1991 RE: ================================================================= Attached for your review and comments is an application from Jack DePagter requesting approval of a lot split and zoning of 0217 Harbour Lane which is being annexed to the City of Aspen. Please return your comments to me no later than July 22, 1991. '~.;" ASPEN/PITKIN PLANNING OFFICE 130 S. Galena street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 July 11, 1991 John Simmons 720 South Aspen Aspen, CO 81611 Re: DePagter Lot Split and Map Amendment Case #A26-91 Dear John, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review at a public hearing by the Aspen Planning and Zoning commission on Tuesday, August 6, 1991 at a meeting to begin at 4: 30 PM. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign within 10 days of the public hearing and to mail notice to property owners within 300' of the subject property pursuant to section 6-205Ec of the Aspen Land Use Regulations. Documentation (affidavit of mailing and dated photograph of sign) that the pUblic notice requirements have been met must be provided prior to the public hearing. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan, Office Manager /\\1\