HomeMy WebLinkAboutC96-069 Vail Valley Consolidated Water District587643 B-691
Sara J. Fisher
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P-645 04/04/96 04:52P PG 1 OF 5
Eagle County Clerk & Recorder
I '96 6 9 0
REC DOC NC
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INTERGOVERNMENTAL AGREEMENT
This I tergovernmental Agreement ("Agreement") is entered thisX�ay of _
1996, between EAGLE COUNTY, COLORADO ("County") and
VAIL VALLEY CONSOLIDATED WATER DISTRICT, a quasi -municipal corporation
("District"), collectively referred to as "Parties."
WHEREAS, District is the owner of certain real property more particularly
described in Exhibit A which is attached and incorporated by this reference ("Property");
and
WHEREAS, the previous owner of the Property recorded a "Declaration" against
the southern half of the Property under which no structure for occupancy by human
beings shall be constructed on the southern half of the Property without the County's
consent. The Declaration was recorded on December 12, 1973 in Book 232 at Page 474
of the records of the Eagle County Clerk and Recorder; and
WHEREAS, District, wants to use the Property for the construction of a multi -unit
housing project primarily for the benefit of employees in the Eagle County region; and
WHEREAS, Parties desire to provide for County's written consent, as required
under the Declaration, pursuant to and conditioned upon the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the terms and conditions of this
Agreement, the sufficiency of which is mutually acknowledged, Parties agree as follows:
1. District Warranty. District warrants that the southern half of the Property
shall be developed in accordance with the following requirements:
a. No fewer than 66% of the total number of residential units
constructed on the southern half of the Property shall be occupied by
individuals who are employed in Eagle County and their families.
District shall be responsible for establishing and implementing
regulations and policies to ensure occupancy by local employees.
b. For those units reserved for occupancy by local employees, District
will establish and implement a maximum cap on appreciation for re-
sales in order to ensure the long term affordability of the local
employee housing units.
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2. County Consent. County expressly consents to District's development of
the southern half of Property consistent with the requirements set forth in District's
warranty above. Parties agree that this Agreement shall be recorded with the Eagle
County Clerk and Recorder as evidence of County's consent, as required by the
Declaration.
3. Specific Enforcement. Parties agree that this Agreement may be specifically
enforced in a court of competent jurisdiction.
4. Miscellaneous. This Agreement represents the complete understanding of
Parties, supersedes any prior understandings or discussions relating to the subject matter,
and may not be amended or modified unless in writing and executed by both Parties.
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
EAGLE COUNTY, COLORADO
By
ATTEST:
By
Title
STATE OF COLORADO)
1 ss.
COUNTY OF EAGLE
_he foregoing Intergovernmental Agreement was acknowledged before me this
day of r , 1996, by
as d as
ZLW
40 F� O(" C of Eagle County, Colorado.
Witness my hand and official seal.
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587643 B-691 P-645
Notary Public
My commission expires:
- lh9l'02�
04/04/96 04:52P PG 3
3
OF 5
ATTEST:
B o D. Brown, Secretary
STATE OF COLORADO
ss.
COUNTY OF EAGLE
VAIL VALLEY CONSOLIDATED WATER
DISTRICT
PA -
Frederick P. Sackbauer, IV, Chairman
The foregoing Intergovernmental Agreement was acknowledged before me this
Z8 day of May_ , 1996, by Frederick P. Sackbauer, IV as
Chairman and Byron D. Brown as Secretary of Vail Valley Consolidated Water District.
Witness my hand and official seal.
. Notary blic f
r - My commission expires:
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EXHIBIT A
Description of Property
Southern Half of Parcel D
A PARCEL OF LAND IN BLOCK D, LION'S RIDGE SUBDIVISION, COUNTY
OF EAGLE, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT P_ POINT WHENCE THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE 1/4 SE 1/4) OF
SECTION 1, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL
MERIDIAN BEARS NORTH 33 DEGREES 38 MINUTES 59 SECONDS EAST
207.88 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 11 SECONDS WEST
65.15 FEET; THENCE SOUTH 22 DEGREES 16 MINUTES 35 SECONDS WEST
61.37 FEET; THENCE SOUTH 26 DEGREES 44 MINUTES 34 SECONDS EAST
93.63 FEET; THENCE SOUTH 11 DEGREES 27 MINUTES 55 SECONDS WEST
129.64 FEET; THENCE SOUTH 57 DEGREES 33 MINUTES 16 SECONDS EAST
.90 FEET THENCE NORTH 17 DEGREES GO MINUTES 49 SECONDS EAST
51.99 FEET; THENCE SOUTH 16 DEGREES 58 MINUTES 11 SECONDS EAST
87.50 FEET; THENCE NORTH 07 DEGREES 19 MINUTES 29 SECONDS EAST
86.95 FEET; THENCE NORTH 27 DEGREES 19 MINUTES 49 SECONDS EAST
190.91 FEET; THENCE NORTH 18 DEGREES 26 MINUTES 14 SECONDS EAST
61.52 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 11 SECONDS WEST
88.15 FEET TO THE POINT OF BEGINNING.
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