HomeMy WebLinkAboutbocc.con.066.1974AGREEMENT
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THIS AGREEMENT, made this 10 day of 3une ,
1974, by and between the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, hereinafter called the "Board," and
BARBARA McLOUGHLIN, of Aspen, Colorado, hereinafter called
"McLoughlin."
WHEREAS,
a resolution, a
W I T N E S S E T H:
the Board on 3u~ IN , 1974, approved
copy of which is attached hereto and made a
part hereof as Exhibit A, which authorized McLoughlin under
certain conditions to place an authentically restored caboose
upon a portion of the Pride of Aspen Lode Claim, U.S.M.S. 7364,
for a period of two (2) years, and
WHEREAS, said resolution of the Board requires that
McLoughlin agree to all of the terms and conditions of that
resolution, and grant unto the County an unrestricted right
to enforce the same, and
WHEREAS, McLoughlin is willing to enter into such an
agreement,
NOW, THEREFORE, for good and valuable consideration,
paid by McLoughlin to the County, it is agreed as follows:
1. Upon acceptance of the conditions as contained in
Exhibit A hereto by McLoughlin, the County agrees to issue a
building permit and temporary certificate of occupancy for the
structure (the caboose) described therein to be situate upon
the real property described therein.
2. McLoughlin agrees to accept said building permit
and temporary occupancy permit and covenants and agrees to
abide by the conditions as contained in Exhibit A hereto.
3. McLoughlin acknowledges that the structure and
proposed use thereof, as permitted by the Board in paragraph
1 hereof, are non-conforming under the Pitkin County Building
Code and Pitkin County Zoning Resolution, and that the period
of the temporary certificate of occupancy as described in
Exhibit A hereto is sufficient for the amortization of her
investment in said structure.
4. McLoughlin acknowledges and agrees that in the
event there shall be any violation of the conditions contained
in Exhibit A hereto, the Board may, upon ten days' notice to
McLoughlin, terminate the temporary certificate of occupancy
described in Exhibit A hereto and require McLoughlin to remove
the structure described therein.
5. This agreement shall be binding upon the parties
hereto, their respective heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
~ /Ni:Da'~%~0,h~nstont Depfity Clerk
STATE OF COLORADO )
County of Pitkin ) SS:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORAD~
J~spphJ~ .m~ards, J~.
Ch a~r_~
~rba ra McIJoughli~
The foregoi~q instrument was acknowledged before me
this //~j day of~~ 1974, by JOSEPH E. EDWARDS, ~R.,
and NINA JOHNSTON~ as Chairman and Deputy Clerk, res~t~.ely,
of the BOARD OF COUNTY COMMISSIONERS OF PITKIN
COLORADO.
WITNESS my hand and official seal.
)
STATE OF COLO~ )
County of Pitkin ) SS:
The foregoi instrument was acknowledged befo,~e,me' '.
this /t~. day of < ~
~-~_.~ , 1974, by BARBARA McLOU~G~{L~?~,~, "',.
~ .. ~ .,.' .....'..'~ .
WITNESS my hand and official seal.
My Co~ission Expires: %~J~.. ~ /f ~
~ ~ ~.~ ~?~ ~ . · /.. ...... , '- .
Notary Pub l~ic
[{':'~)w ALL I~IEN [FY Tm i.: I)RESENT$, Th'tt I,
J. R. WILLI~,MS PROPERTIES, a General Partnership
of the C~:,: :ty of Pitkin
for the consideration of TEN DOLLARS ($10.00)
con side ration
, and State of Colorado,
and other good and valuable
in hand paid, hercby sell and convey to THE COUNTY OF PITKIN,
~
STATE OF COLO~DO
the following real property, situate in the
County of Pitkin
and State of Colorado, to-wit:
Ail real property lying Westerly of that certain real property
described in the Quit Claim Deed from Leonard M. Oates, Trustee
to the County of Pitkin, dated January 6, 1972, recorded in Book
264 at Page 318 of the records of Pitkin County, Colorado,
lying and being between the westerly boundary thereof and the
thread on the stream of the Roaring Fork River.
CORRECTION DEED: This deed is a Correction Deed given to correct
· and make more definite the form and description contained in that
certain Quit Claim Deed recorded in Book 264 at Page 325 of the
records of Pitkin County, Colorado.
with aH its appurtenances.
Signed and delivered this 10 day of June , 19 74 .
APPROVED AND A=C~PT~D BY THE
~'.~A.D OF -'~,~ ~O~T~ CO~.iZ~-
~TATE OF COLO~DO~ ' ]
~ ~ Pitkin ~
·. .............................................................................
The foregoi,ng instrument was acknowledged before me this /. ~ day of
19 7~, by* BRUCE KISTLER, a General Partner of J. R. WILLIAMS PROPERT]
and DWICHT K. SHELL~, JR., JOSEPH E. EDWARDS, JR, and J. S. BAXTEI
~~k~X ~ . Wi~e~s my h~d ~d official se~.
Pitkin county Co~issioners.
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My Co~ission ~;' ' · "
mxpzres: ~' { '..~ .,~ h,~- ~,~ '] ~--
ES,
RESOLUTION
BOARD OF COUNTY COM/v~ssIONERS
OF PITKIN COUNTY, COLORADO
No. 74-30
WHEREAS, Barbara McLoughlin has, for some time , been
intending to have removed an authentic restored antique caboose
onto the Pride of Aspen Lode Claim, U.S.M.S. 7364, Pitkin
County, Colorado, and to occupy the same and operate it for
the purpose of the sewing fabrication of children's figure
skating dresses, and
WHEREAS, the said Barbara McLoughlin did, on the
22nd day of February, 1973, obtain from the Board of Examiners
and Appeals of the County of Pitkin, State of Colorado, a
variance exempting said caboose from the requirements of the
Uniform Building Code as in effect at that time in Pitkin
County, Colorado, subject to the requirement that said
structure (the caboose) meet the required Electrical Code;
that any stairway entry thereto meet Uniform Building Code
requirements; and further that the said structure (the caboose)
be connected to City water and sewer facilities; and
WHEREAS, the said Barbara McLoughlin, in reliance
upon said variance granted, has expended substantial moneys
in the restoration of the structure (the caboose) based upon
the zoning in existence at the time the variance was granted,
which was Accommodations, Recreation 1, and which would have
permitted the utilization of the structure for a commercial
purpose; and
WHEREAS, however, subsequent to that time on March 25,
1974, this Board amended its zoning resolution affecting the
classification of the property upon which the structure (the
caboose) was intended to be situate, changing that classifica-
tion from that above referred to to R-15 Zoning, which amended
zoning specifically prohibits any commercial use to be made
of a structure located within such zoning classification; and
WHEREAS, because of the actions taken by the said
Barbara McLoughlin in reliance upon the variance granted to
her above explained, this Board is desirous of accommodating
Mrs. McLoughlin so that she may place the structure (the
caboose) upon the Pride of Aspen Lode Claim for a limited
period of time, recognizing that the use intended to be mado
is a non-conforming use, subject to agreement on the part of
the said Barbara McLoughlin that she will strictly abide by
the conditions of the permission granted by this resolution,
WHEREUPON, upon motion made and seconded, the
following resolution was adopted by the affirmative vote of
Commissioners Baxter and Shellman, with Chairman Edwards
abstaining, the stated reason for such abstention being his
prior representation of the said Barbara McLoughlin:
BE IT P~ESOLVED as follows:
1. That Barbara McLoughlin be permitted to proceed
to move the structure (the caboose) onto the Pride of Aspen
Lode Claim and attach utilities thereto upon the showing of
satisfactory proof to this Board of a right of possession to
the portion thereof which the structure is to be placed upon.
2. That the said Barbara McLoughlin be permitted to
occupy the said structure (the caboose) upon the following
conditions, which conditions shall be continuing conditions
during the entire period of occupancy:
(a) The applicant may utilize~ the same only
for purposes of the fabrication or sewing of children's
skating garments, and there expressly shall be no retail
commercial use or residential use made of the property.
(b) That Barbara McLoughlin shall remove the
said structure (the caboose) completely, no later than two
(2) years from the date a certificate of occupancy issues
for the structure; and upon such removal, she shall completely
restore the grounds surrounding the same to a natural state.
(c) That the said Barbara McLoughlin shall not
install nor permit the installation of parking of any kind
for vehicles to be utilized in connection with the structure,
and that the structure shall be accessible by pedestrians only
from the Brown Ice Palace, the intent thereof being that
customers of the sewing business to be operated within the
structure may enter for purposes of measurement, and recog-
nizing the necessity for employees to gain access to the
structure.
(d) That no enlargements or additions (including
remodelling) to the structure shall be permitted.
(e) That before any certificate of occupancy
shall issue for the premises, Barbara McLoughlin shall
establish to the satisfaction of the Pitkin County Planning
Office, as agents for this Board, that the occupancy by the
structure shall not, during the time that it is upon the
subject property, interfere with any transit considerations
of the City of Aspen or County of Pitkin planned within the
period of occupancy for the Midland right of way in close
proximity to the proposed site of the structure.
(f) That Barbara McLoughlin comply with all
of the requirements of Building Permit Review under Section
of the Pitkin County Zoning Resolution.
(g) That the said Barbara McLoughlin enter into
a valid and binding agreement with this Board, whereby she
shall agree to abide by all of the conditions herein contained,
and upon failure to so comply, shall authorize the County to
remove said structure which is the subject of this resolution
forthwith.
DATED: f~ '~ /C, , 1974.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By -~ ~ ~ ~" ~
J0~Ph E:~' E"w~r~s , Jr,,
Chair~