HomeMy WebLinkAboutordinance.council.032-00 ORDINANCE NO:
Series of 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING THE THIRD AMENDMENT TO THE NORTH SPRUCE STREET WATER
SERVICE AGREEMENT WITH DR. RICHARD C. PHILLIPS, RAYMOND Ni AUGER,
ALBERT O. TIMROTH AND DONNA M. TIMROTH, AND THE PORATH FAMILY TRUST,
FOR PROVISION OF TREATED WATER SERVICE TO SERVE ADDITIONAL PROPERTY
LOCATED ON NORTH SPRUCE sTREET.
WHEREAS, the City Council has approved Ordinance No. 41, Series of 1997, which
provides for extension of water service to a private water system to serve the properties on North
Spruce Street owned by Dr. Richard C. Phillips, Raymond N. Auger, Albert G. Timroth and Donna
M. Timroth, Ordinance No. 27, Series of 1998, to allow the private water system to serve an
additional lot on North Spruce Stre/et-owned by the Porath Family Trust, and Ordinance No. 8, Series
'x
of 1999, to allowS, the private water system to serve a second lot owned by Raymond N. Auger on
North Spruce Street (Lot 3 of the Cora Lee Subdivision); and
WHEREAS, the foregoing persons whose lots have been approved for service via the private
water system are herein refen'ed to as the Owners; and
WHEREAS, the North Spruce Street Association is empowered to act on behalf of Owners;
and
WHEREAS, The Witz Property LLC ("Witz") has applied to the City for annexation,
rezoning, and a lot split for certain property owned by it and located on North Spruce Street; and
WHEREAS, Witz has also requested permission from the NOrth Spruce Street Association
and the City to connect the Witz Property to the private water system, in order to provide water
service of up to 7.0 ECUs (3.5 ECUs to serve the proposed residence and ADU to be constructed
on each of the lots following the lot split); and
WHEREAS, the N6rth Spruce Street Association has requested that the water service
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agreement be amended a third time to permit the Witz Property to be connected to the private water
system; and
WHEREAS, the Witz Property is presently located in Pitkin County, and not within the City
limits of the City of Aspen, although an annexation petition is pending; and
WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension
of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an
agreement with the City and in accordance with the City o£Aspen water main extension policy and,
further, that the City may grant water service only upon a determination that no conflict exists
between the best interests of the City and the prospective water use, and that the City may impose
such contract, water rights dedication and bond requirements as it deems necessary to safeguard the
best interests of the City; and
WHEREAS, the City Council has adopted by Resolution No. 5, Series of 1993, as amended,
policies to guide municipal water system development and services beyond the City limits; and
WHEREAS, said policies require the City Council to make a determination that the proposed
water service extension complies with said policies and is in the best interests of the City of Aspen;
and
WHEREAS, the City Council has had an opportunity to review with City staff the proposed
addition of the Witz Property to the private water system, and the requested Third Amendment to
the existing North Spruce Street Water Service Agreement to include said property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1. The City Council of the City of Aspen hereby determines that the proposed
provision of additional City water to the North Spruce Street private water system to serve the Witz
Property, located on North Spruce Street outside the City limits of the City of Aspen, is in the best
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imerests of the City and substantially complies with the City of Aspen water policy for
extraterritorial services, as set forth in Resolution No. 5, Series of 1993, as amended, and therefore
agrees to that the Witz Property may be connected to the private water system located on North
Spruce Street in Pitkin County, and that the City will provide sufficient water to the private water
system to serve the Witz Property on the terms and conditions set forth in the Third Amendment to
the City of Aspen Water Service Agreement attached hereto as Exhibit A and incorporated herein
by reference, which Third Amendment shall control provision of water to the Witz Property
notwithstanding any later annexation into the City of Aspen.
Section 2. This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4. A public hearing on the ordinance shall be held on the c~C~ day
of~~ , 2000, in the City Council Chambers, Aspen City Hall, Aspen,
Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the~ day of ~ , 2000.
Katt~ryn ~o~, ~y'Clerk
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FINALLY ADOPTED, PASSED AND APPROVED THIS ~ DAY OF
Rachel Richards, Mayor ~
Kathryn S. Kof, ~-f'Clerk
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THIRD AMENDMENT TO CITY OF ASPEN WATER SERVICE AGREEMENT
This Third Amendment is made//- ] ~ , 2000, to that certain Water Service
Agreement entered into December 15, 1997, in Aspen, Colorado, as amended by the First and
Second Amendments thereto. The parties to this Third Amendment are the City of Aspen, a
Colorado municipal corporation mad home rule city whose address is 130 South Galena Street,
Aspen, Colorado 81611 (hereafter the "City"), North Spruce Street Association, an unincorporated
entity authorized to act on behalf of those persons identified as "Owners" in the Water Service
Agreement and the First and Second Amendments to that Water Service Agreement, and the Witz
Property LLC ("Witz').
In consideration of the mutual promises and covenants set forth below, the parties agree as
follows:
1. The above-described Water Service Agreement was recorded with the Pitkin County
Recorder on May 27, 1998 at Reception No. 417351, and is herein referred to as the North Spruce
Street Water Service Agreement. The First Amendment to Water Service Agreement and Pretapping
Agreement was recorded with the Pitkin County Recorder on March 8, 1999 at Reception No.
428533, and is herein referred to as the "First Amendment." The Second Amendment to the Water
Service Agreement was recorded with the Pitkin County Recorder on June 30, 2000 at Reception
No. 444698, and is herein referred to as the "Second Amendment."
2. The North Spruce street Water Service Agreement and the First Amendment set forth
the terms and conditions under which the City agreed with Owners to provide municipal water
service to a private water system to be constructed, owned, operated, maintained, repaired and
replaced by Owners and their successors. The Pretapping Agreement executed in connection
therewith authorized certain connections of individual service lines to the water main in advance of
connection of the service lines to structures.
3. Paragraph 11 of the North Spruce Street Water Service Agreement provides that other
interested parties may connect to the private water system upon amendraent of the North Spruce
Street Water Service Agreement and payment by such parties of any recoupment charges imposed
by Owners in addition to tap fees and other payments to be made to the City pursuant to the North
Spruce Street Water Service Agreement. Paragraph 8 of the First Amendment authorizes the North
Spruce Street Association to approve the connection of any additional lots to the private water
system. The Second Amendment authorized connection of an additional parcel to the private water
system.
4. Witz is owner 6fthe property described on Exhibit A, and referred to herein as the
Witz Property.
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5. Witz has applied to the City for annexation of the Witz Property, rezoning, and a lot
split to divide the Witz Property into two lots as described on Exhibits B and C, respectively, on
each of which will be constructed a single-family residences, and an accessory dwelling unit (ADU).
Witz has requested permission from the North Spruce Street Association and the City to connect
the Witz Property to the private water system, in order to provide water service of up to 3.5 ECUs
to serve the proposed residence and ADU to be constructed on each of the lots following the lot split.
Witz thus seeks a total capacity of 7 ECUs for the Witz Property. Witz has agreed to pay all
recoupment fees required by Owners, and has paid to the City the well system development fee and
payment in lieu of water rights required by the City. Witz will pay to the City when due all utility
hookup charges and water system connection charges (tap fees) required by the City. The Witz
Property will not be pretapped.
6. Witz, by executing this Amendment, agrees, on behalf of itself, its successors and
assigns, to be bound as the Owner of Witz Property to all of the terms and conditions of the North
Spruce Street Water Service Agreement, the Pretapping Agreement (to the extent applicable), and
the First and Second Amendment and acknowledges that the North Spruce Street Water Service
Agreement and all amendments will remain in force notwithstanding annexation of the Witz
Property to the City.
7. North Spruce Street Association and the City hereby agree that the Witz Property
will be subject to the North Spruce Street Water Service Agreement and its amendments, and that
Witz, its successors and assigns, as Owner of the Witz Property, will be subject to all of the terms,
conditions, benefits and burdens of the North Spruce Street Water Service Agreement and its
mendments. If the Witz Property is divided into two lots, the lots will continue to be subject to the
North Spruce Street Water Service Agreement and its amendments, and that Witz, its successors and
assigns, as Owner of said lots, will continue to be subject to all of the terms, conditions, benefits and
burdens of the North Spruce Street Water Service Agreement and its amendments.
8. Witz acknowledges that the North Spruce Street Association, which has organized,
managed and advanced funds for the planning, permitting and construction of the private water
system infrastructure, has the exclusive right to grant it the right to connect the Witz Property to the
private water system and to charge it a recoupment charge in addition to tap fees and other payments
to be made to the City. The North Spruce Street Association hereby grants Witz the right to connect
the Witz Property (which will be divided into two lots) to the private water system upon payment
of its agreed upon recoupment charge. '
9. The City agrees that by the inclusion of the Witz Property, comprising two additional
lots to be served pursuant to the North Spruce Street Water Service Agreement, the City shall
provide additional treated water to the private water system in an amount not to exceed 7.0 ECUs,
or a maximum of 2.97 acre-feet per year. The total amount of water to be provided pursuant to
paragraph 1 of the North Spruce Street Water Service Agreement and the Pretapping Agreement is
therefore water sufficient to serve 25.6 ECUs with a maximum of 10 acre-feet per year.
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10. Witz' address for purposes of paragraph 29 of the North Spruce Street Water Service
Agreement is
Witz Property LLC
c/o Camilla Auger, Managing Partner
709 North Spruce Street
Aspen, CO 81611.
Said address may be changed for purposes of either agreement, and the amendments, as
therein provided.
11. This Third Amendment shall be recorded at the expense of the North Spruce Street
Association, and, along with the North Spruce Street Water Service Agreement and the First and
Second Amendments, shall constitute covenants running with the land.
12. Except as otherwise herein specifically amended, the North Spruce Street Water
Service Agreement, the Pretapping Agreement, and First and Second Amendments remain in full
force and effect.
Dated: I ).~l~- ~
CITY OF AS~PEN _......~~ ATTEST:
RdhelRichards, Mayor ~k -o NC~lerk ZSy, ~~
WITZ PROPERTY LLC,
By:
Camilla Auger, Managing Partner
NORTH SPRUCE STREETASSOCIATION
By ~_~ z~.~- .~
Title: ~, ,,,.Y~
H:\home\at tach\amendme 1 .wpd
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D~.~ ~PTJO~q 01~
A tmc~ of~d ~ ~ ~ ~I~ S~d ~e ~, Mi~ 8~ ~o. ~304 ~ ~ the
~o~g ~o~ ~n~ ~s~ct. loc~d
~i~ Ptinci~! ~idi~, Bi,in Conn~, Colin, de~b~ ~ f~o~:
Beaning a~ a ~iut ~ ~ C1/4 Ii~ of said Scc~ou 7 be~ a U~ S~ D~ of
h~or, Bureau ofLa~ ~me~ b~s c~ s~d ~ 97~ whe~ t~ C1/4 ~mer of ~d
I. ~enc~ ~ ~d C1/4 ~ne N ~9° 21' 22" W, ~.~ fe~ m ~e ~ ofs~d BUs S~oad
~e wh~ ~ s~d brass c~p ~ped S,P.~ 19~. 197s b~ S 4~= ~6' 28" W, 1.13 fee~;
4, Th~nc~ S 44° 09' 42"
6. ~ce alo~ s~d C1/4 ~c N 8t~ 48' 14" W, 417.~4 ~ ~ ~e ~i~l of~,
EXHIBIT A
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JUL. 1~. ~000 4: 58PM ..~-AW OFFICES~. MO. 179 p.P~ 3
EXImllT B
Descri_mio~l .~f.[.ot A. Witz Pro,~en~ LL C. lubdiv~io~.
A ti'act ofhr~t situated in the BII~ Sherwood Lode Claim, Mineral Survey No. ~304 AM in ~h~
Romiug Fork Mining District, located in ~etim~ 7, T owmhip 10 South, Range 84 W~st of the
Sixth Principal Meridian, Pitkin CouutT, Colorado, &scribed as follows:
Coimr~ncing at the Cl/4 corner of said Section 7 being a United $ 'taies Department off
liitcrior, Bureau of Land Ma~e~ brass :ap stamped 1978, tl~cc along th~ C1/~. line of
s~id Section ? $ Sg' 21' 22' E, 2~?.~0 faet to a said brass Cal~ stamped 1975 bain~ the point of
1, Thence alOn§ said C1/4 line N $9~ Il' 22" W, ~,22 feet to l~e 2-3 of said Ella Sherwood
Lo~ whe~.e a said brass cap s~aml~d $,P.M. 19~4,1978 bears S 4~' ~6' 25" W, 1,1~ feet;
2 '~e~oe along lh~ 2-:3 of said Ella $~od Lode N 45~ $6' 2~" Ii, 409,15 feet to the
~esxe~ly corner of th~ Cora Lec Subdivision, according' to the Plat ~'ecordcd.laauary 11, 1998 at
R6ception No, 41244~;
Z. Th~ce along the southwest linc. of said Cora Lc~ Subdivision S 44~ 01' 45~ B0 ~0,00 feet;
.~. Thence $ 26~ 04' Il" W, 273.70 feet to said C1/4 line;
$. T~e=ce along said C1/4 linc lq gge 48' 14" W, 212.27 feet to the point of begirming,
Lot A as cl~orfbed above ~om,,~ns 0.89& acres more or less.
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JUL. I~, 2000 4:53PM ~LAW OFFICES~ NO. 179 p.P~4
I~e~ti~t/on o*'Lm li..Witz Pm~'t'v_L,L,C. SuMivi~ion.
Ro~ F~k ~n~ D~i~ l~a~d in ~ogon 7, To~p 10 flou~
~4 ~tion 7 S g9~ 21' 22' E, 257,~0 feet to
~1~ ~id Cl/4 l~e S 88~ 4~' 14' E, 212,27 f~
1, ~ N 2t~ 04' If" ~, 273.70 ~t to ~ IOUtW~st 1~ oft~ Cora ~ Su~sion,
ac~ m t~ Plat ~o~ed I~ 12, 1998 a Reoe~on No. ~12443;
2. Th~ce ~ s~d sou~ l~e S 44~ 01' 4~"
3. ~c S 44' 0O' 42' ~, 105.45 ~ ~ ~ 44 o~
4, Throe llq said 1~ 4.1 ~ 46° I 1' 00" W. 112.7f
b~ng ~ ille~bl~ ~ plasgc ~p bei~ on sad Cf~4 li~;
5. Thence ~o~ s~d CI/4 l~e N SS' 4~' 14" W, 20f.~ feet to t~ point of~mg,
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