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HomeMy WebLinkAboutresolution.council.013-08RESOLUTION N0. 13 (SERIES OF 2008) A RESOLUTION OF THE ASPEN CITY COUNCIL DETERMINING THE "LIFT ONE NEIGHBORHOOD MASTER PLAN" ELIGIBLE AS A PROJECT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC (COWOP) ON PROPERTY LOCATED ON BOTH SIDES OF SOUTH ASPEN STREET SOUTH OF DEAN STREET OWNED BY THE CITY OF ASPEN, THE ASPEN SKIING COMPANY, ASPEN LAND FUND II (AKA CENTURION PARTNERS), AND ROARING FORK MOUNTAIN LODGE - ASPEN ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received a completed application from Aspen Land Fund II, also known as Centurion Partners, LLC; Roaring Fork Mountain Lodge -Aspen; the Aspen Skiing Company; and, the Aspen City Manager, for a determination of eligibility for a project, known as the Lift One Neighborhood Master Plan, reasonably necessary for the convenience and welfare of the public (COWOP) for a redevelopment of lands, owned by the above mentioned parties, for the purpose of providing or improving the provision of lift-served skiing access to Aspen Mountain, pedestrian, vehicular and emergency vehicle access to properties along South Aspen Street, non-traditional energy sources such as ground source energy system, recreational facilities, a museum focused on the evolution of skiing in Aspen, public parking, and commercial, lodging, free-mazket residential, and affordable residential land uses; and, WHEREAS, the City of Aspen manages public right-of--way in the planning area including Hill Street, Summit Street, Gilbert Street, the alley within Block 10 of the Eames Addition, South Aspen Street, Juan Street, and Dean Street and owns certain public land known locally as Willoughby Park and Lift One Park; and, WHEREAS, the legal descriptions of the lands subject to this review are attached as Exhibit A and are generally described as lands on both sides of South Aspen Street south of Dean Street, excluding the Shadow Mountain Townhomes; and, WHEREAS, changing the disposition of certain city-owned lands within the project area may require a public vote; and, WHEREAS, pursuant to Section 26.500.050 of the Land Use Code, the City Council may make a determination whether a proposed development is reasonably necessary for the convenience and welfaze of the public by applying the standazds of Section 26.500.040 during a duly noticed public hearing after taking and considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Community Development Director determined that the Lift One Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 1 Neighborhood Master Plan may be eligible for consideration as a project reasonably necessazy for the convenience or welfare of the public, and notified in writing the Planning and Zoning Commission, the Historic Preservation Commission, and the Aspen/Pitkin County Housing Authority the date of the public hearing before the City Council at which time a determination is to be made concerning eligibility of the proposed development; and, WHEREAS, the Aspen City Council has reviewed and considered the Lift One Neighborhood Master Plan eligibility proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public heazing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds the Standards for Determination, Section 26.500.040, for the following reasons: 1. The Master Plan could provide enhanced access to lift-served skiing on Aspen Mountain, lodging facilities that meet the needs of the of the community, affordable housing units that serve the needs of the community, improved vehicular, pedestrian and emergency vehicle access, the development of public parking, the preservation of important local and national historic resources, the development of non-traditional energy sources such as ground source energy system, recreational facilities, a museum focused on the evolution of skiing in Aspen, and a unified approach to managing construction impacts and ongoing maintenance and operations of the area's infrastructure. 2. Preserving and enhancing short-term lodging facilities, providing adequate emergency services and access, the provision of effective access to lift-served skiing, housing the workforce, and energy efficiency aze stated community goals that could be addressed through master planning of this area. 3. Portions of the subject area are owned by the City of Aspen and a Master Plan could permit an advantageous disposition of those properties; 4. Portions of the subject area are managed by the City of Aspen as rights-of--way and a Master Plan could permit an advantageous disposition of those properties; 5. The bifurcated ownership of the subject azea and independent projects in various stages of entitlement may result in an ad-hoc development pattern while a master planning process using an interactive and multidisciplinary approach with a diverse COWOP task team, including neighbors of the project and persons with special interest in the property and its development will lend itself to the type of open dialogue needed to determine a cohesive future vision for the neighborhood; and, WHEREAS, the City Council finds that this Resolution furthers and is necessazy for the promotion of public health, safety, and welfare. Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section I - Eligibility Pursuant to Section 26.500.040 of the Land Use Code, the Lift One Neighborhood Master Plan, as described herein, is determined to be eligible development necessary for the Convenience and Welfare of the Public. Section 2 -Procedure and Standards Pursuant to Section 26.500.050(B)(b), the procedure and standards for review of the project shall be: Process: 1. Task Force Team convenes and establishes its role, meeting schedule, meeting procedural protocol and meeting rules for the conduct of business of the Lift One Neighborhood Master Plan COWOP Task Force Team. 2. Task Force Team Chair and Staff shall be the City's Director of Community Development who may designate a meeting facilitator or other personnel or contractors as needed. 3. Property owners shall represent themselves or designate a representative. 4. Task Force Team shall develop the Master Plan (quantitative elements and broad urban design elements, including the contextual relationship of the project to surrounding properties). 5. Community Development and Interdepartmental Technical Staff Review. 6. Task Force Team and Staff provide recommendations to City Council. 7. Formal final approval decision shall be the responsibility of City Council and shall require adoption of an Ordinance. City Council may, by resolution, determine the project no longer qualifies for the COWOP process, at any time, and discontinue the COWOP Task Force Team. Standards: 1. Section 26.445.050, Review Standards: Planned Unit Development. 2. Section 26.310, Amendments to the Land Use Code and Official Zone District Map. 3. Section 26.415, Development Involving Historic Resources. Any development affecting a historic resource shall be required to comply with this section, beyond any decision reached in the COWOP review. 4. Section 26.470, Growth Management, to the extent determined necessayy during project review. It is expected that commercial, lodging, affordable housing, and free- market housing allotments will not require an additional review beyond the COWOP revtew. 5. Section 26.480, Subdivision, if determined to be necessary during project development and review. 6. Technical design standards of utility providers shall be considered and the COWOP decision shall not supercede any non-city utility provider. 7. The Aspen Area Community Plan shall be considered a policy guide and the final recommendation shall include an analysis of conformance with this adopted plan. Aspen Ciry Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 3 Section 3 - COWOP Task Force Team Members Pursuant to Section 26.500.050(B)(c), the Task Force Team to review the development proposal shall include representatives from the following: • Task Force Team Chair -Chris Bendon, Community Development Director (non- voting) • Planning Staff - as assigned by the Community Development Director (non- voting) • City Council Members (2) - to be determined • Planning and Zoning Commission member - to be determined • Historic Preservation Commission member - to be determined • Centurion Partners, LLC -John Sarpa • Roaring Fork Mountain Lodge -Aspen, LLC -Bob Daniel • Aspen Skiing Company -Dave Bellack • Five to seven neighbors to include atleast: o One neighbor to the South - to be determined o One neighbor to the North - to be determined o One neighbor to the West - to be determined o Two neighbors to the East - to be determined • Aspen Historic Society -Georgia Hansen • Aspen Valley Ski Club -Jeff Kai • Five to seven Citizens at-lazge - to be determined It is acknowledged through this resolution that it will be beneficial for many interested parties beyond those identified in the above noted list to be involved in the COWOP process and that the opportunity for involvement is created through this process. Additional interested parties will be able to attend all meeting of the COWOP Task Force Team and may be provided with email notice of meeting schedules at their request. All meetings of the Task Force Team will be conducted in public hearings. It is also acknowledged through this resolution that numerous City Departments, other governmental or district agencies and consultants will provide technical assistance and analysis as determined to be necessary and/or as required. Section 4 - Proaosed Timeframe Pursuant to Section 26.500.050(B)(d), the proposed timeframe for the procedures to be used to review the proposed development aze anticipated to be completed within approximately eight (8) months from the date of this resolution. The following schedule is an estimated timeline and is subject to change: Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Maser Plan -Page 4 March Finalize COWOP Task Force Membership April -May Task Force Meetings. Introductions, site visit, process overview, project overview, goals and objectives. Check-ins as needed with HPC and P&Z. Check-in or heazing with Council to review goals. May -June Task Force Meetings. Identification of physical, regulatory and economic constraints with input from technical advisors on nature of constraints. A third party briefing of financial assumptions and assertions will be needed. Identification of constraints that can be overcome and constraints that must be observed. Check-ins as needed with HPC and P&Z. Check-in or hearing with Council to review constraints. June -Aug. Multiple Task Force Meetings to consider balance of goals and constraints, project program, and potential site plans (uses, access, intensities, and massing). Design charrettes (longer sessions) may be used. Check-ins as needed with HPC and P&Z. A third party analysis of financial assumption and assertions will be needed. Hearing(s) with Council to review balance of goals and constraints and preferred site plan and program. Aug. -Sept. Multiple Task Force Meetings to consider conceptual architecture and more-refined site planning issues. Review proposed development agreement and construction management plan. Check-ins as needed with HPC, P&Z, and City Council. September Finalize Task Force recommendation. Sept. -Oct. Public Hearings for Master Plan adoption with HPC, P&Z, and City Council. Section 5 -Components of the Master Plan and Adoption A[ a minimum, the Master Plan adopted pursuant to this process shall include: 1. A description and depiction of allowable development on each property, including allowable height, area, bulk, density, uses, operating chazacteristics, and unit ownership structure. 2. A description and depiction of conceptual architecture, character, materials, and fenestration. The Master Plan should describe the specificity upon which conceptual architecture may be amended and the process of amendment. 3. A description and depiction of the rights-of--way to be vacated, upgraded, or otherwise affected including encroachments therein. Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 5 4. A description of the amount and method(s) of affordable housing and other development impact mitigation requirements that must be provided. 5. A description and allocation of responsibility for the development and maintenance of neighborhood and shared infrastructure and community benefits (e.g., the Town Lifr and new ski terrain, road improvements, and public parking). 6. A description of the timing, phasing, and management of construction activity. As necessary, the construction management plan shall contemplate the individual property owners proceeding separately, provided that such development is consistent with the Master Plan and that the shared obligations and construction management requirements aze satisfied. The Community Development Director shall present the findings and recommendations of the Task Force to City Council during a public hearing and shall provide an analysis for the proposal and the standazds of review identified herein along with a proposed Ordinance(s) that implements and entitles the Master Plan. The proposed Ordinance(s) shall provide final approval of the necessary land use reviews and shall cause issuance of a Development Order(s), subject to any detailed design, engineering, documentation and platting recordation requirements applicable to each development site and any final reviews that may be required in connection therewith, with the understanding that all such final reviews shall be ministerial in nature excepting any required final review by the Historic Preservation Commission. The Ordinance adopting the Master Plan shall describe and implement the necessary reductions in Growth Management Allocations to accommodate the build-out of the Master Plan. Section 6 - Citv's Timely Processine and Review The City Council shall allocate meeting times and resources of the City and necessary and reasonable for the timely processing, review, and guidance of the master planning COWOP process. Section 7 -Historic Preservation Commission Review This Resolution does not exempt the subject properties from the procedures and requirements of Section 26.415, Development Involving Historic Resources. Both Conceptual and Final Review approval shall be necessazy for properties designated Historic Landmarks regardless of the direction or disposition of the Mater Plan. Roaring Fork Mountain Lodge -Aspen, LLC, shall process such applications to the Historic Preservation Commission as may be required for its project concurrent with the Master Planning COWOP Process. Section 8 -Cost Sharine There shall be established a cost shazing agreement that shall identify and proportionately allocate joint costs of the master planning process to the parties involved. Costs associated with individual employees and/or consultants of the parties shall be the responsibility of the particular party. The City shall not assess land use review fees for Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 6 this master planning process. Section 9 -Economic Analysis There shall be retained a financial consultant with expertise in the economic viability of ski area or resort real estate development. The consultant shall be independent and shall be subject to approval of both the City Council and land owners. The City of Aspen, Centurion Partners, Aspen Skiing Company and Roazing Fork Mountain Lodge -Aspen, LLC, shall provide information relating to the financial viability of the Master Plan and their respective components to the satisfaction of the economic consultant. Such information shall be provided to the independent financial advisor only, in strict confidence, and shall not be shazed with other participants, the Task Force, the public, the City Council, staff of the City or anyone else without the express written consent of the party providing such information. The financial advisor shall be entitled to provide participants and the City Council with his/her conclusions and opinions regarding financial viability based upon the information provided as long as the information itself remains confidential. Section 10 -Master Planning Process may be Terminated The master planning COWOP process may be terminated by the City Council, Centurion Partners, the Aspen Skiing Company, or the Roaring Fork Mountain Lodge -Aspen, LLC. Termination shall be preceded by a meeting between the City Manager, the Community Development Director, and representatives of the three private property owners. Potential reasons to terminate the planning process include failure to keep to a reasonable schedule, an inability to agree on physical, regulatory or economic constraints, or a fundamental disagreement regarding the direction of the plan. The process may be terminated for any reason, including no reason. Section 11 - Townhomes Proiect on hold City Council Ordinance No. 32, Series of 2003, granted approval for a development on the Centurion properties known as the "townhomes project" on land owned by Centurion Partners, LLC. City Council Resolution No. 9, Series of 2008, extended the statutory vested rights for the townhomes project through July 28, 2009. If Centurion requests, the Chief Building Official shall discontinue review of the building permit and consider the permit dormant with respect to Section 105.3.2., Time limitation of application, of the 2003 International Building Code. Centurion shall have the right to reactivate the building permit application at any time prior to July 28, 2009. The townhome approvals embodied in Ordinance No. 32, Series of 2003, and all building permits and applications and vested rights associated therewith, shall be exempt from Section 26.304.030(F) ("No Multiple Applications") of the Land Use Code, and shall not be otherwise adversely affected or impaired in any way by the involvement of the Centurion Partners property in this master planning COWOP process. Finally, Centurion Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 7 Partners' participation in the COWOP Process shall be exempt from Section 26.304.060(F) (Resubmittal of a Previously Denied Application) of the Land Use Code. Section 12 -Lift One Lodge Application on hold The proceedings for the pending Application for Lifr One Lodge, which includes land owned by the Aspen Skiing Company, the City of Aspen, and Roaring Fork Mountain Lodge -Aspen, LLC shall be suspended for all intents and purposes during the time of the master planning COWOP process. For the purposes Section 26.304.070(F) of the Land Use Code, the application shall continue to be considered "active" and any and all deadlines or expiration dates associated with the Lift One Lodge Application will be tolled until processing is resumed. All previously obtained consents and all previously obtained approvals or recommendations of approval, in particular the approvals of the Planning and Zoning Commission and Historic Preservation Commission, shall remain in effect. Upon reactivation of the Lift One Lodge Application, the application will continue to be processed and considered pursuant to the City's Land Use Regulations in place on the date that the Application to the Historic Preservation Commission was deemed complete in March of 2006. Section 13 -Holland House Redevelopment Credits The time period for utilization of replacement credits for employees, lodging, and any other pertinent matter related to the Holland House Lodge, following its demolition, pursuant to the pending application for a demolition permit, is hereby extended to the later of: 1. 24 months after final approval, denial or withdrawal of the current application for Lift One Lodge, or 2. 24 months after final approval, denial or withdrawal of a new application for all or some of the properties described in the current Lift One Lodge application; or, 3. 24 months after approval of a final application for development of the Lift One Lodge site pursuant to the Master Planning COWOP Process, whichever is later. Section 14 -Historic Designations The City shall not initiate a process to designate the Skiers Chalet Lodge or any other structure located within the Master Planning Area as historic resources as long as the Master Planning COWOP Process is active. The Master Planning process may recommend designation of historic resources. Section IS -Temporary Affordable Housing Use of Existing Buildings The Skiers Chalet Lodge and Skiers Chalet Steakhouse may be utilized as housing for working residents during the pendency of the Master Planning COWOP Process. A temporary deed restriction or agreement regarding the affordability of the units and compliance with the Aspen/Pitkin County Housing Authority shall be approved by the City Attorney prior to such buildings being occupied as affordable housing. A Building Permit and improvements may be necessary prior to occupancy. The temporary use as Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 8 affordable housing shall not effect achange-in-use and the properties shall not be subject to the City's Housing Replacement Program. In addition, lodging and employee credits associated with the Skier Chalet Lodge will remain in effect while it is used for affordable housing. FINALLY, adopted, passed and approved this 25~' day of Februazy, 2008. Attest: ~~~~ ~~_ Kathryn S. K h, City Clerk Michael C. Ir and, Mayot. ~~ Approved as to form: Jo . D orce ter, City Attorney Exhibit A -Legal descriptions of land subject to Master Planning Review. Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 9 Exhibit A to City Council Resolution No. 13, Series of 2008. A. Property of Aspen Land Fund II, LLC PARCEL 1 Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 Wesl of fhe 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet to the Westerly right of way line of Aspen Sfreet; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly fight of way line of Juan Street; thence along said right of way line of Juan Sffeet N 75°09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet to fhe point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly fight-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28' E 614.58 feet, more or tesa; thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or Tess, to the Westerly right-of-way line of Aspen Street thence along said right-of-way line of Aspen Street S 14°50'a9" W 130 feet, more w less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that Parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet Io the Northeasterly right-ot-way line of Garmisch Street thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more par9cularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly ryht of way line of Dean Avenue, from whence the Northeast Comer of Section 13. Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feel more or less; thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet, more or less to the Westerly fight of way line of Aspen Street, tnence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly fight of way line of Juan StreeC thence along said right of way line of Juan Street N 75°09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along saitl right of way line of Garmisch Sheet N 14°50'49` E 130 feet, more or less to the point of beginning. EXCEPTING therefom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pilkin County, Colorado. Said Parcel 1 is also tlescribetl as follows: Beginning at a point which is the intersection of the Easterly right-of-way fine of Garmisch Street Bnd If1e SOUIhBfly rightrol-way line of Dean Avenue, from whence the Northeast comer of SeGion 13, Township 10 South, Range 85 West of the Siuth Principal Meridian bears N 53°20'26" E 814.56 feet, more a kss; thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly right-o/-way line o(Aspen Street thence along said nghlofway tine of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly Agh1•of-way line of Juan Street; thence along said rightot-way line of Juan Street N 75°09'11" W 29@20 teeL to the Southeasterly corner of that parcel or land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of Bald parcel, a distance of 38.73 feet to the Northeasterly right-oi-way line of Garmisch Street thence along said rghFOf-way line of Garmisch Street N 14°50'48" E 707.901eeL more or less, to the point of beginning PARCEL 2: That portion of the Northeast one-quarter of the Nonheasl one•quarler (Lot t) of Section 13, Township 10 South, Range 85 West of the 6th P.M., desvibed as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames AddtBOn; thence N 75°09'11" W 181.25 feet; (hence S 14`50'49" W 78.00 feet; thence S 03°55'43^ W 164,99 feet, thence S 75°09'11" E 150.00 feet thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS lots t 3, 14, 15, 16, 17, 18, 19 and 20, Block it, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, antl a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., descibed as follows Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwestery comer of Lot 20, Bock 11, Eames Addition; thence N 03°55'43" E 764.99 feet; thence N 14°50'49" E 78.00 feet thence 5 75°09'11" E 31.25 feet to the point of beginning. AND Lots 7, 8, 9, 10. 11 and 12, Block 71, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fulty describetl as foitows: Beginning at the Northwestery comer of saitl Lot 7; thence S 75°09'71" E 180.00 feel along the Nonhedy boundary line of said Block 11; thence S t4°50'a9" W 100,00 feet along Ute EasteAy boundary line of said Block N; thence N 75°09'11" W 180.001ee1 along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of sak Lot 1; !hence N 14°50'48" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: aeginning a/ the Southwest wrner of saitl Lot 7, a rebar and cap PLS # 29030, from which a rebar end cap PLS # 2547 nears N 55° E a tlislance of 0.7 feet thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest wmer of saitl Lo17, also being al the Southerly right-ofway of Juan Street in the City of Aspen, a rebar and wp PLS # 2547; thence S 75°09'11" E along the Northerly line of said Block 11, also beug the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Nonheasl corner of said Block 11, a rebar and cap PLS # 29030; thence S 74°50'49" W along the Eastetly line of said Bock 11, also being the Westerly right-ot-way Of Aspen SUeet in the City or Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75°09'1 f" w along the Southerly line of said Lofs 7,8,9,10,11 and 12 a distance 0/ 180.00 %et f0 Ole P010t 0/ beginning. AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. B. Property of Aspen Skiing Company 1. Land Under Contact with Roaring Fork Mountain Lodge -Aspen, LLC which is included in the Lift One Lodge Application: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Block 10, and Lots 1, 2, 3, 4, 5, 6 and 7, Block 12, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, TOGETHER WITH an easement and right of way for the construction, erection, operation and maintenance of a cable ski chair lift, as created, defined and established by Easement Agreement between the Board of County Commissioners of the County of Pitkin and Friedl Pfeifer recorded October 24, 1962, in Book 199 at Page 489, and, TOGETHER WITH an easement and right of way for skiing purposes, as created, defined and established by Easement Agreement by and between the City of Aspen and Aspen Skiing Corporation recorded October 17, 1969, in Book 244 at Page 31. 2. Land Area to the South of the Lift One Lodge Site: That property owned by the Aspen Skiing Company extending south from Block 12, Eames Addition to the City and Townsite of Aspen, a distance of 900 feet. C. Property of Roaring Fork Mountain Lodge - Snowmass, LLC Lots 1, 2, 3, 12, 13, and 14, Block 8, Eames Addition, City and Townsite of Aspen, and Lots 5, 6, 7, 8, 9 and 10, Block 9, and Lots 4 and 11, less the west 22 feet thereof, Block 9, Eames Addition to the City and Township of Aspen, together with that portion of th alley in Block 9, Eames Addition to the City and Townsite of Aspen, abutting on all of Lots 5 and 10 and on Lots 4 and 11, except the west 22 feet thereof. D. Property owned or maintained by the City of Aspen. Willoughby Park: Lots 1-14, Block 7 and Lots 1-3, Block 8 Eames Addition, City and Townsite of Aspen. Lifr One Park: Lots 3 and 12 Block 9 and the western 22 feet of Lots 4 and 1 I, Block 9 Eames Addition, City and Townsite of Aspen. Public rights-of--way: • South Aspen Street south of Durant Avenue. • All unvacated portions of Dean Street west of Monarch Street. • Juan Street between South Aspen Street and Garmisch Street. • Garmisch Street from Juan Street to Durant Avenue. • Gilbert Street west of Monarch Street. • Hill Street west of Monarch Street (unopened). • Summit Street west of Monarch Street (unopened). • A one-block section of alleyway between Hill Street and Summit Street east of South Aspen Street (unopened). • A one-block section of alleyway south of Summit Street east of South Aspen Street (unopened).