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HomeMy WebLinkAboutbocc.con.077.1974- 77 STATE OF COLORADO COUNTY OF PITKIN AGREEMENT This Agreement entered into this the 7th day of e. ffective April 1, 1974, October, 1974,/by and between Parlour Car, Inc., a Colorado corporation, on the one hand (hereinafter called "Parlour Car") and the Board of County Commissioners of Pitkin County, Colorado, on the other hand (hereinafter called "The Board") W I TNE S S E TH: 1. Whereas, Parlour Car made application to the Board for approval by the Board for a beer, wine and spirituous liquor license, said application having been made under the provisions of the Colorado Liquor Code, C.R.S., 1963, 75-2-1 through 75-2-5, as amended; and 2. Whereas, the Board granted conditional approval of such license application, said conditions being set forth in the minutes of the Board's meeting of April 1, 1974. Now, therefore, for and in consideration of the mutual promises, agreements, covenants, and undertakings of the parties, which are set forth below, said parties agree as follows: 1. Parlour Car acknowledges that under the Board's Zoning Resolution of March 25, 1974, its restaurant opera- tion located on the following described property located in unincorporated Pitkin County: A parcel of land located in Aspen Townsite and Lot ×I Sec. 12, T10S, R85W of 6 P.M. being part of the Mary B. Lode 95792 (Mary B. Lode No. 2 919640) and the Midland Railroad Right of Way; more fully described as follows: Beginning at a point on Line 6-7 Mary B. Lode and south line of Hopkins Street (per survey notes Mary B. Lode) being N 02° 26'E 324' from cor. 6 MS#5792. Thence N 75° 09' Hopkins Street Thence S 14° 57' Thence S 75° 02' Midland Railroad right of way. Thence N 14° 57' 40" E 100.00 ft. Thence N 75~ 02' 20" W 180.45 ft. the Midland Railroad right of way. Thence N 02° 26' E 57.68 ft. along Line Lode MS#5792 to the point of beginning. Containing 0.925~ acres, 11" W 132.01 ft. along south line 40" W 156.07 ft. 20" E 325.0 ft. along south line of along north line of 6-7 Mary B. now constitutes a non-conforming use, even though prior to March 25, 1974, said restaurant operation was a lawful use under the Board's prior zoning resolution. Parlour Car further acknowledges the Board's lawful authority and power to rezone said property. 2. Parlour Car agrees as a condition to the Board's approval of said liquor license application that it will ~, abate and remove its restaurant operation in the minimu~ time ~~ from the date of April 1, 1974, as is required by Section X of the Pitkin County Zoning Resolution as it now exists or may in the future be amended by the Board. 3. Parlour Car acknowledges that the approval of said liquor license application does not constitute an approval of the Board of an increase in the size of its operation in any manner. 4. In consideration of the acceptance of the conditions set forth above and the promises, covenants and obligations of Parlour Car the Board agrees to approve the aforesaid liquor license application of Parlour Car on file with the Board. Given under our hands and seals the day, month and year first above written. PARLOUR CAR, INC. ATTEST: ~ ~'~ ~:ecretary By .~ ~ ~' ~ W. Timothy Terral~ P The Board of County Commissioners of Pitkin County, Colorado ATTEST: C~unt.y Cl~rk By -3-