Loading...
HomeMy WebLinkAboutresolution.council.113-00I IIIIII IIIII IIIIII IIIIII III IIIIII IIIIII III IIIII IIII IIII 452718 03/26/2001 02:39P RESOLUTI' DRVI$ SlLVI ~. =¢ 12 R 60.00 D 0.00 N 0.00 PITKIN COUNTY CO R~SOLUTION NO. I (SERIES OF 2000) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF ASPEN AND WITZ PROPERTY, LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a pre-annexation Agreement between the City of Aspen and Witz Property, LLC, a copy of which pre-annexation agreement is appended hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that certain pre-annexation agreement between the City of Aspen and Witz Property, LLC, a copy of which agreement is annexed hereto and made a part hereof, and does hereby authorize the City Manager to execute said amendment on behalf of the City of Aspen. Dated: ~ ,2000. I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resoll.tt, ion adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ ~" ,2000. JPW438/22/2000-G:\john\word\resos\witz-pre-ann.doc PRE-ANNEXATION AGREEMENT WITZ PROPERTY THIS PRE-ANNEXATION AGREEMENT ("Agreement") is entered into and made on August 28, 2000, by and between the City of Aspen, a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611, hereinafter referred to as the "City"; and Witz Property, LLC, hereinafter referred to as "Landowner". This Agreement shall become effective following execution by the Landowner and upon approval by the City Council of the City of Aspen evidenced by a duly approved resolution and by the execution of the Agreement by either the City Manager, Mayor, or Mayor Pro-Tern. RECITALS AND REPRESENTATIONS WHEREAS, the Landowner represents that it comprises 100% of all owners of a parcel of land commonly known as the Witz Property, being more particularly described in Exhibit A appended hereto and incorporated herein by this reference ("Property Proposed to be Annexed"); and WHEREAS, the Property Proposed to be Annexed is more than 1/6 contiguous with the existing City boundaries and is otherwise eligible to be annexed into the municipal boundaries of the City in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, e_t seq.; and WHEREAS, Landowner and City desire to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen on condition that all of the terms and conditions of this Agreement are met; and WHEREAS, the City is a home rule municipality of the State of Colorado and is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and WHEREAS, the Landowner is, in accordance with C.R.& Section 31-12-102, legally capable of submitting a Petition to Annex in a form substantially the same as Exhibit B appended hereto. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS AGREED AS FOLLOWS: Pre-Annexation Agreement Witz Property Page 2 1. Landowner acknowledges that annexation of property to the City of Aspen municipal boundaries is within the plenary legislative powers of the City Council and the decision to annex property is entkely within the sound discretion of the City Council and the rights of referendum and initiative reserved unto its citizens. Landowner further acknowledges that the following terms, conditions, and restrictions for future land use development of the Property Proposed to Be Annexed are material considerations of the City Council in approving the annexation of the Property Proposed to Be Annexed. Failure to comply with this Pre- Annexation Agreement by the Landowner shall, in the sole discretion of the City Council, lead to de-annexation of the Property proposed to Be Annexed. 2. Any furore development upon the Property Proposed to Be Annexed shall conform to the following conditions, restrictions and terms: a. Landowner shall, prior to receiving a building permit for either lot, pmcchase a single unit of approximately 575 sq. ft. in the Little Victorian complex at 6a and Main Streets in the City of Aspen and deed restrict the unit to a category 3 (to be re-sold at no more than $100,000.00) in accordance with the AsperdPitkin County Housing Authority Guidelines. Landowners shall comply with the representations made at page 4 and in Exhibit #5 appended to the Witz Property Application for Annexation, Rezoning, Lot Split, and 8040 Greenline Review ("Witz Application".) b. Landowner shall construct two (2) accessory dwelling units on the Property Proposed to Be Annexed as represented on page 4 of the Witz Application. c. Landowner shall grant to the City a trail easement over and across the Property Proposed to Be Annexed for the Hunter Creek Trail in its current location. Said trail easement shall be shown on the final lot split plat. d. Landowner, prior to receiving a certificate of occupancy for the development of the second lot to be developed, shall ensure that the following re-vegetation and enhancements are made to the entrance to North Spruce Street. In accordance with Exhibit "C" appended hereto, said enhancements shall ensure a proper transition from the Williams Ranch trail to the Hunter Creek trail. i. Place a stone bench at the Hunter Creek trailhead: The design of said bench shall be approved by the City Parks Department before it is located on the trailbead. ii. Plant trees, shrubs, and flowers at the entrance, in accordance with a landscaping plan pre-approved by the Parks Department. e. The total floor area ratio for each house to be built shall be limited to 4,950 square feet. The 4,950 square foot FAR limitation shall not be reduced as part of any additional City land use review process, including the 8040 Greenline approval process. The definition and calculation methodology of FAR shall be as stated in the Aspen Land Use Code as of the date of this Agreement. Pre-Annexation Agreement Witz Property Page 3 f. Provide a drainage system approved by the City of Aspen Engineering Department to prevent water and gravel run~off from reaching the Moran residence. Said drainage system shall be reviewed and approved as part of the City's 8040 Greenline review process. 3. In the event that Landowner defaults in any of its duties as set forth herein, City shall have the right of enforcement by an action for specific performance filed in the Pitkin County District Court. In such event, the prevailing party in any such action, shall be entitled to recover all of its costs for enforcement, including reasonable attorney fees. 4. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 5. The parties hereto agree that this Agreement, by its terms, shall be binding upon and inure to the benefit of the successors, heirs, legal representatives, and assigns thereof and shall constitute covenants running with the Property Proposed to be Annexed. In the event that all or part of the Property Proposed to be Annexed is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 6. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Landowner or successors, heirs, legal representatives, and assigns thereof and nothing contained in this Agreement shall give or allow any such Claim or right of action by any other third person on such Agreement. It is the express intention of the City and Landowner that any person other than the City, or Landowner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 7. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowIedge that this Agreement may be enforced at law or in equity as a contractual obligation consistent with annexation agreements. Thus, this Agreement is intended to provide a contractual relationship between the City and the Landowner to ensure compliance with all rights and requirements contained herein. In addition to any other available remedies, it is understood and agreed that the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot within the Property Proposed to be Annexed in the event of a breach of this Agreement by the Landowner. The prevailing party in any litigation between Landowner .and City concerning this Agreement shall be entitled to an award of its attorney fees and costs. 8. The parties agree to execute any additional documents or tal~e any additional action that is necessary to carry out this Agreement. 9. All or part of the rights, obligations or responsibilities set forth in this Agreement may be assigned by the Landowner to an entity in which the Landowner or its affiliates have an interest, without requiring the consent of the City. Pre-Annexation Agreement Witz Property Page 4 I0. Invalidation of any .of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement, except that if such invalidation diminishes the rights of Landowner, Landowner may elect to terminate this Agreement and render it null and void. 11. The City shall record this Agreement with the Clerk and Recorder's Office of Pitkin County. Landowner shall pay the reasonable cost of recordation of this Agreement. The terms, conditions, rights and benefits of tiffs agreement shall run with the lands m be annexed hereunder. 12. Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. 13. In the event that any person, corporation, special district, municipal or county government, or any other entity or person asserts any claim against the City, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S. § 31- 12-101 e_t sea., or asserts any other claim, based on any theory of law whatsoever, challenging the rezoning and development of the Property Proposed to Be Annexed, or the approval of any land use approvals as contemplated by this Agreement, City shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims. If by reason of such suit this Agreement is found to be void or unenforceable, then as between City and Landowner, this Agreement shall become null and void, and if at such time the annexation of the Property Proposed to Be Annexed has already occurred, City shall, upon its own volition or upon a petition for de-annexation submitted by Landowner, approve the de-annexation of the Property Proposed to Be Annexed. 14. The parties hereto are aware that a citizen initiative entitled the "Citizen Management of Growth~ initiative has been proposed for the November, 2000, state election: If the electorate of the state of Colorado approves that initiative, it may have an impact upon the schedule, procedures, steps and development plan as set forth in this Pre-annexation Agreement. Accordingly, the parties hereto hereby agree that in the event that the electorate approves the Citizen Management of Growth initiative mad that the state Constitution is amended as proposed in the initiative, that this Pre-annexation Agreement shall be amended, as needed, to comply with the requirements of the initiative. 15. The maximum building height (as defined under the current City land use code to be the midpoint height) of any portion of the roof of the proposed house located within the area highlighted on Exhibit C for the Witz Lot B shall not exceed 20 feet above the 112 foot elevation line shown on Exhibit C. [Signatures on following page] Pre-Annexation Agreement Witz Property Page 5 CITY OF ASPEN a municipal corporation ATTEST:. APPROVED AS TO FORM: LANDOWNER By:. STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) Acknowledged before me this ~)-t-~. day of ~*.x_~:~,~t.~ 2000, by Ct~cldailla. ~. fir~x~_£ in his/her capaci~ as DESCRIPTION OF V~qTZ PARCEL A tract of land situated in the Ella Sher~vood Lode Claim, Mineral Survey No. 5304 AM in the Roaring Fork Mining District, located in Section 7, Tox~'nship 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point on the C1/4 line of said Section 7 being a United States Department of Interior, Bureau of Land Management brass cap stamped 1978 whence the C1/4 comer of said Section 7 also being a said brass cap stamped 1978 bears N 89° 21' 22" W, 257.30 feet; l. Thence along said C1/4 line N 89° 21' 22" W, 3.22 feet to line 2-3 of said Ella Sherwood Lode whence a said brass cap stamped S.P.M 1954, 1978 bears S 450 56' 28" W, 1.13 feet; 2. Thence along line 2-3 o£said Ella Sherwood Lode N 45° 56' 28" E, 409.15 feet; 3 Thence S 44° 0¥ 48" E, 194.13 feet; 4~ Thence S 44* 09' 42" E, 105.45 feet to line 4-1 of said Ella Sherwood Lode; 5 Thence along said line 4-1 S 46° 1 l' 00" W, 112.75 feet to said C1/4 line; 6. Thence along said CI/4 line N 88° 48' 14" W, 417.94 feet to the poim of beginning Said tract of land as described above contains 1.792 acres more or less. EXItlBIT A Description of Lot A. Witz Propert3_ L.L.C. Subdivision, Aspen, CO A tract of land situated in the Ella Sherwood Lode Claim, Mineral Survey No. 5304 AM in the Roaring Fork Mining District, located in Section 7, Tovxmship I0 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, described as follows: Commencing at the C1/4 comer of said Section 7 being a United States Department of Interior, Bureau of Land Management brass cap stamped 1978, thence along the CI/4 line of said Section 7 S 89~ 21' 22" E, 257.30 feet to a said brass cap stamped 1978 being the point of beginmng; 1. Thence along said C1/4 line N 89o 21' 22" W, 3.22 feet to line 2-3 of said Ella Sherwood Lode whence a said brass Cap stamped S.P.M 1954, I978 bears S 45° 56' 28" W, 1.13 feet; 2. Thence along line 2-3 of said Ella Sherwood Lode N 45° 56' 28" E, 409A5 feet to the westerly comer of the Cora Lee Subdivision, according to the Plat recorded January 12, 1998 at Reception No. 412443; 3. Thence along the southwest line of said Cora Lee Subdivision S 44° 01' 48" E, 60.00 feeI; 4. Thence S 26~ 04' 15" W, 273.70 feet to said C1/4 line: 5. Thence along said £ 1/4 line N 88° 48' 14" W, 212.27 feet to the point of beginning. Lot A as described above contains 0.896 acres more or less. EXHIBIT B Description of Lot B~ Witz Propem, L.L,C, Subdivision, Asven. CO A tract of land situated in the Ella Sherwood Lode Claim, Mineral Survey No. 5304 AM in the Roar/ng Fork Mining District, located in Section 7, Township 10 South, Range 84 West of the Sixth Pr/ncipal Meridian, Pitkin County, Colorado, described as follows: Commencing at the C1/4 comer of said Section 7 being a United States Department of Interior, Bureau of Land Management brass cap stamped 1978, thence along the C1/4 line of said Section 7 S 89° 21' 22" E, 257.30 feet to a said brass cap stamped 1978, thence continuing along said C1/4 line S 88° 48' 14" E, 212.27 feet to the point of beginning; I Thence N 26° 04' 15" E, 273.70 feet to the southwest line of the Cora Lee Subdivision, according to the Plat recorded January 12, 1998 at Reception No. 412443; 2. Thence along said southwest line S 44* 01' 48" E, 134.13 feet; 3. Thence S 44* 09' 42" E, 105.45 feet to line 4-1 of'said Ella Sherwood Lode: 4. Thence along said line 4-1 S 46° 11' 00" W, 112.75 feet to a 5/8 inch diameter iron bar bearing an illegible red plastic cap being on said C 1/4 line. 5. Thence along said C1/4 line N 88° 48' I4" W, 205.66 feet to the point of beginning Lot B as described above contains 0.896 acres more or less CORA LEE I SUBDIVISiON s EXHIBIT ¢ , HEIGHT RESTRICTION AREA CONTOURS / ~ LOT B, WITZ PROPERTY, L.L.C. ~ °ox~ o SUBDIVISION EXEMPTION PLAT -" % LOT 5 / POB '"4kcb 5~,o - 5'5'- o I ) ~- HEIGHT RESTRICTiON ~ ~. ~.... / EXISTiNG 14' HIGH POLE H/ ? ~ N 88'48h~'% ~ .% EXffIBIT, ,, Description of Height Restriction Area on Lot B, Witz Property, L.L.C. Subdivision Exemption Plat A tract of land situated in Lot B, Witz Property L.L.C. Subdivision Exemption Plat located in the SW1/4 of the NE1/4 of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado described as follows: Commencing at a point on the C1/4 line of said Section 7 being a United States Department of Interior, Bureau of Land Management brass cap stamped 1978 whence the C1/4 comer of said Section 7 also being a said brass cap stamped 1978 bears N 89° 21' 22" W, 257.30 feet; thence S 88° 48' 14" E, 212.27 feet to the southeast comer of said Lot B; thence N 26© 04' 15" E, 273.30 feet to the north comer of said Lot B; thence S 00° 50' 48" E, 44.18 feet to the north comer of the building envelope and the point of beginning; 1. Thence southeasterly along said building envelope line S 44© 09' 39" E, 85.20 feet; 2. Thence N 88° 48' 39" W, 88.38 feet to the westerly building envelope line; 3. Thence N 26° 04' 15" E, 66.00 feet to the point of beginning.