HomeMy WebLinkAboutcoa.lu.su.Mountain Queen.1974
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JULY 19 1974
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Clayton Meyering
Building Inspector
City of Aspen
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Dear Mr Meyering,
I would like to bring to your attention a very serious
problem that has developed r~raiR~ gr~~inW and drainage
between the CARIBOU and the~~TAIN QUE~rojects.
Last week I was inspecting the Caribou when I noticed
the grading work done on the north side of the MOUNTAIN QUEEN
was inconsistant with approved drainage plans of the CARIBOU
which is located adjacent to it. The CARIBOU plans were sub-
mitted to P&Z and ordinance 1,9 review board and to WRIGHT
McLaughlin for approval. This was given with the proviso
that a swale at the south side of the Caribou shall be necessary
to divert any surface water towards monarch street to the East.
This requirement for drainage has been made impossible
by the construction of a high fill acess road from Monarch to
the ski terminal resulting-In a big ditch against the south
side of the CARIBOU.
I brought this to the attention of the owner of the CARIBOU
and requested that they inform the contractors of the MOUNTAIN
QUEEN that a serious situation exists that calls for a prompt
remedy. This did not,however, prevent last nights torrents to
flood the CARIBOU PROJECT.
c.c
Tri-Co Management
Dwight Shellman
P&Z Aspen
L.Oates -
Steve Wendell
In. view of this I would like to go on record withe the Building
dept. to give this matter immediate attention by first inspecting
situation and consequently issuing a rectification order to ~
the mountain Queen since it is obvious that the high acess road(~
not by any standard represent a drainage solution. / ..:.
I appreciate a prompt attention to }II's ma~r
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April 3, 1974
CERTIFIED - RETtJmr RECEIP'.r REQUESTED
Mr. Alb~:t't Jar~t
Burk Brevard Builders
P. O. Box 816
Ojus Branch
Miami, Florida 33163
Dear Mr. Jaret:
Re: Mountain Queen Subdivision
As you are aware th~ Mounta en SUbdiVision Agreement
requir&$ you, ini tiall, 0 attempt to acquire a 2 00 p
of lan(i so as to enable the City to (lonstruct a new street
between South Monarch andlouth Mill Streets. In the eVent
of your failure to do so" we must commence condElll'lnation pro-
C"dings, and are to be reimbursed for the costs of acquisition
by this me~hod.
We are hereby reqUtilsting information as to the status of
your negotia.tions with the landowners, or a determination tha.t
acqUisition by negotiation are unavailing.
AntiCi.pating your Cooperation ill. this matter, I am
Very truly yours,
SMS:mw
ee: Phil1p S. Mahoney, City Manager
j{e,rbBartQ]. Cl1: V-O..ollnj: V ,,1)'tJtn'tJt\t..
Lennie Oates, Attorney at Law
Sandra M. Stuller
City Attorney
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INDEMNIT'iCA:GREEMENT
THIS AGREEMENT, made this. 22nd day of
Jaxl1iarv
,
1974, by and between MOUNTAIN QUEEN CORPORATION, a Colorado
corporation, hereinafter called the "Owner," and THE CITY OF
ASPEN, COLORADO, a municipal corporation, hereinafter called
"City. "
WIT N E SSE T H:
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WHEREAS, the Owner has agreed to dedicate to the public
that certain skier's and pedestrian's easement as shown on the
subdivision plat for the Mountain Queen Condominiums, as the
same is recorded in Plat Book 4 at Page 386 of the records of
Pitkin County, Colorado, and
WHEREAS, the Owner, in order to make better use of the
living areas within Unit 15 of the Mountain Queen Condominiums
desires to modify its plans for the Mountain Queen Condominiums
to provide for a two and one-half foot (2 1/2') extension of
the second level of said Unit 15 into the air space above the
skier's and pedestrian's easement above referred to, the width
of said extension being two and one-half feet (2 1/2') and the
height of the same above the surface of the easement being
approximately ten feet (10'), all as shown on the schematic
attached hereto as Exhibit A, which Exhibit A is made a part
of this Agreement, and as the same is described in the Building
Permit Application on record in the office of the City Building
Inspector relating thereto, and
WHEREAS, the City has no objection to the said exten-
sion above referred to, the same being in conformity with
land use and building regulations for the site upon which the
Mountain Queen Condominiums are being constructed, provided
the City is provided with indemnification by the Owner for
and against any and all loss, damage and liability for
bodily injury or property damage arising by virtue of the
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construction and existence of such extension within the air
space above the easement, and
WHEREAS, the Owner, for itself and for and in behalf
of the non-profit Colorado corporation which it intends to
create for the government and administration of the Mountain
Queen Condominiums, is willing to so indemnify and hold harm-
less,
IT IS AGREED as follows:
1. The City agrees that it shall permit the modifica-
tion of the building plans of the Mountain Queen Corporation
as on file in the office of the Building Inspector of the City
to permit an extension of Unit 15 of the Mountain Queen
Condominiums project to extend into the air space of the
skier's and pedestrian's easement as above referred to, all
as more fully set forth and depicted on the schematic attached
hereto as Exhibit A and in the plans and specifications for
the same on file in the office of said Building Inspector.
2. The Owner shall indemnify and hold harmless the
City from any and all loss, damage or liability and from any
and all claims for damages on account of or by reason of bodily
injury, including death, which may be sustained or claimed to
be sustained by any person, and from any and all damages to
property, including loss of use and including property of the
City,caused by or arising out of or claimed to have been caused
by or have arisen out of the construction and existence of the
said extension into the air space above the surface of the
said skier's and pedestrian's easement; and the Owner shall,
at its cost and expense, defend any such claim, suit, action
or proceeding, whether groundless or not, which may be commenced
against the City by reason thereof or in connection therewith;
and the Owner shall pay any and all judgments which may be
recovered in any such action, claim,proceeding or suit, and
defray any and all expenses, including costs and attorneys'
fees, which may be incurred in or by reason of such actions,
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cla~ms, proceedings or suits. Nothing contained herein shall
be construed or operate to impose on the Owner any obligation
or duty to indemnify, hold harmless or defend the liability
of the City or the claim or judgment against it arising from
the sole negligence of the City, its agents or employees.
3. This Agreement shall be binding upon the parties
hereto and, in the case of the City, upon its successors, and
in the case of the Owner, upon the non-profit Colorado corpora-
tion which it forms for the government and administration of
the Mountain Queen Condominiums project.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year above first written.
MOUNTAIN
By
ATTEST:
rR"'hN~!I-' ~
Secretar
CITY
OF ASPENF,-cOLORADO _'<:?
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EXHIBIT A
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Aspen, Colorado 81611
July 16, 1973
Aspen P & Z
Box V
Aspen, Colo. 81611
Re: Mountain Queen Subdivision
South Monarch
Gentlemen:
I have spoken with Mr. Ellis in regard to the above captioned project a
number of times, and have also voiced an opinion that I would have to
have at least a 1500 gallon fiow of water per minute in the So. Monarch
area. In the past, I have asked for two hydrants, one at the beginning
of the project, and one on the west side, of which Mountain Queen is to
provide a twenty foot easement.
There is some .concern of mine, as to whom is to plow this easement and
keep it to where we can get our vehicles in the area. I would like to
have it .in writing in your final proposal stating the person responsible
and who will do the policing to see that it is kept bladed off to the
satisfaction of the fire department in order that we can reach the area.
I feel there should be no more than four to six incbsof snow on it any
one time so that we would be able to get our vehicles along the west
side of the Mountain Queen Development.
Also, I understand there is some question as to water, which, we are
very mUCh concerned with, but I understand Mr. Ellis is now in the process
of making tests in the area and should be able to give you that informa-
tion better than I.
If there are any further questions, please contact me.
,-----Si:ncerely,
')J&~ff1i'~
Willard C. Clapper
Fire Chief
Aspen Volunteer Fire Department
WCC/ec
cc: Dave Ellis
City Engineer
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MEMO
TO:
FROM:
Mayor and Councilmembers
Dave Ellis, City Engineer
RE:
Adequacy of Water System to Provide Fire Protect~on
and Domestic Water @ Mountain Queen Condominium.
DATE: July 16, 1973
The original calculations showed that water could be
supplied at the rate of 1250gpm at the base of the
Mountain Queen complex with a minimum of 20psi residual
pressure. This could be further broken down into 750gpm
at the lower fire hydrant (Elev. 7997) and 500gpm sim-
ultaneously at the upper hydrant (Elev. 8024) while
maintaining a 20psi residual pressure at the upper hy-
drant. These calculations were based on the 6/13 pressure
reading of 78psi '@ 1:30pm at the Rubey Park fire hydrant.
One concern at the July 9th Council meeting was whether
or not the pressure readings were taken during the peak
flow period. Table I shows the resul~s of readings taken
during the past week.
Table II compares the time and rate of peak demands this
month with Christmas weeK,of last season. The treatment
plant monthly consumption figures show that July has
historically been the peak demand month, with June and
August trading positions as 2nd and 3rd high consumption.
The maximum daily flow rate also occurs in the summer
months. This data confirms that the new 66psi reading
taken at Rubey Park on 7/11 is a reasonable indication
of summer peak demand.
By reducing the pressures in the original fire flow
calculations by 12psi, the same fire flows can be obtained
while maintaining a residual pressure of 13psi at the upper
hydrant. This is an acceptable pressure for the pumper
truck. At l500gpm the pressure drops to 7psi.
The second concern was for adequate pressure at the
uppermost plumbing fixture in the complex. James Burke
& Asso~iates, Mechanical Consulting Engineers on the pro-
ject, have provided their calculations on this aspect.
The Colorado Departm~nt of Health 1972 Plumbing Code
requires a minimum of 8psi residual pressure, which,
according to their calculations will be present at peak
demand. If the pressure should not be adequate, the
Plumbing Code requires the builder to install a supple-
mentary pressure tank.
Attachments
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TABLE I
PRESSURE READINGS
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DATE TIME WEATHER
Tues. ~/IO 11:45am 70 43 36 Clear and hot
1:25pm 70 40 24
Wed. III 10:30am 66 40 34 Clear and hot
11:30 66 . 40 32 High temp. - 840
1:35pm 66 40 32
2:35 66 40 32
4:05 66 40 30
5:05 66 40 30
6:10 66 40 32 .
Thurs. ~/12 11:35am 90 63 56 Cloudy and rainy
2:00pm 85 60 50 High temp. -770
4:05 82 60 48
Fri. 113 11 : 35am 86 60 50 Clear in morning
2:55pm 97 70 63 Cloudy and rainy in
. afternoon
4:15 97 70 63 High temp. - 690
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TABLE II
WATER TREATMENT PLANT EFFLUENT FLOW RATES
DATE
TIME PERIOD
OF MAX. FLOW
FLOW RATES IN MGD COMMENTS
MAX MIN
Mon. 7/2/73 llam-8pm 6.2 2.6
7/3 " " 6.2 2.6 In addition t
7/4 " " 6.2 2.6 filter plant
7/5 " " 6.2 2.8 effluent, Lit
7/6 " " 6.6 3.5 Nell well add
7/7 " " 6.0 2.8 360,000 ga1/d
7/8 II " 5.6 2.6 to system in
7/9 II " 6.4 2.8
7/10 " II. 6.4 2.8 7/7 &'7/8-c10
7/11 II II 6.4 * 4.0 weather
7/12 II II 5.2 4.2 7/12& 7/13 ra
7/13 II " 1.8 *6.4MGD=4444g
Sun.12/24/72 8:30-9:00am 4.2 1.6 . .
12/25 4:30-5:00pm 4.2 1.6
12/26 8:30-9:30am 4.4 1.6
12/27 6:00pm 4.6 ** 1.6 **4.6MGD=3194
12/28 8:00-8:30am 4.6 1.6
12/29 5:00-5:30pm 4.5 1.6
12/30 8:45am & 6i>~ 0 4.4 1.6
12/31 9:00am & 5i>~O 4.6 1.6
1/01/73 9:30am & 4i>~5 4.2 1.6
Note: Data provided by Jim Marka1unas from continuous
flow recorder charts.
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TABLE III
ELEVATIONS
LOCATION
ELEVATION *
1. Fire hydrant @ south end of
S. Aspen (Shadow Mountain)
7992.86
2. Hose bib on south side of
Monarch 700 Condominium
7991.11
3. Fire hydrant @ SW corner
of Rubey Park
7929.43
4. Shadow Mountain Condominium
Unit #21 - 2nd Floor level
(highest unit in complex)
8064.30
5. Mountain Queen Condominium,
highest finished floor level
8051.53
*
All elvations except Rubey Park fire hydrant provided
by Tri-Co Management.
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ASSIGNMENT OF CONTRACT
WHEREAS, under date of
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July 9, 1973
, the
undersigned corporation entered into an agreement with the
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Ii ASPEN.
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CITY OF ASPEN
a copy of which agreement is attached hereto and made a part
hereof, marked Exhibit A;
NOW, THEREFORE, for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable consider-
ation paid to the undersigned by BURK BREVARD BUILDERS, INC.,
a Florida corporation qualified to carryon business in the
State of Colorado, receipt of which is hereby acknowledged,
the undersigned does sell, transfer, assign and set over to
the said BURK BREVARD BUILDERS, INC., all of its right, title
and interest in and to the attached agreement (Exhibit A)
between the undersigned corporation and
the CITY OF
And the said BURK BREVARD BUILDERS, INC., covenants
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Il discharged by the undersigned corporation under its contract
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1.
To assume and faithfully perform and discharge all
of the terms, covenants and obligations to be performed or
with
the CITY OF ASPEN.
2.
To deliver to the undersigned corporation, upon
demand, such additional assurances of its intent to faithfully
perform thereunder as may be reasonably required by it.
DATED:
January 31, 1974.
MOUNTAI
By
resident
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ACCEPTANCE OF ASSIGNMENT
The foregoing ASSIGNMENT OF CONTRACT is accepted in
accordance with its terms.
DATED:
rOi 31
B~ 'NC.
President
, 1974.
BURK
By
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(CORPORATE SEAL)
CONSENT TO ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby consents
to the assignment above made.
DATED: ~~ ~?
, 1974.
CITY. OF ASPEN
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rec~'art 10:25 A.M.
No. ~~olb55 Recorder
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Filed for
Reception
July 17, 1973 ~
Peggy E. MiklUh.
bJOK 277 fAGE 883
SUBDIVISION AGREEMENT
FOR MOUNTAIN QUEEN CONDOMINIUMS
THIS AGREEMENT, made this
9-!f day of July, 1973,
by and between the CITY OF ASPEN, Colorado (hereinafter some-
times called "City"), and MOUNTAIN QUEEN CORPORATION, a Colorado
corporation (hereinafter sometimes called "Subdivider"),
WIT N E SSE T H:
WHEREAS, Subdivider has submitted to the City for
approval, execution and recordation, a subdivision plat for
the development of a condominium apartment project on a parcel
of land situate in a tract of land situated in the Wl/2 NWl/4
of Section 18, Township 10 South, Range 84 West of the 6th
Principal Meridian and in the El/2 NE1/4 of Section 13, Town-
ship 10 South, Range 85 West of the Sixth Principal Meridian,
Pitkin County, Colorado. Said Tract encompasses all of Lots
45, 46, 47 and 48 and part of Lots 44 and 49 of the Little
Chief Lode, M.S. 5850 (hereinafter sometimes called the "Subject
Property"); and
WHEREAS, said plat of the SUbject Property encompasses
land located within an area entirely in the City of Aspen,
Colorado, which is zoned AR-l; and
WHEREAS, The City has fully considered said plat, the
proposed development of the Subject Property and the improve-
ments proposed to be placed thereon, and the requirements to
be imposed upon the improvement and development of the Subject
Property and upon other adjoining or neighboring properties
by reason thereof; and
WHEREAS, The City is willing to approve, execute and
accept for recordation said plat upon the agreement of subdi-
vider to the matters hereafter described and subject to all
the requirem~nts, terms and conditions of the City of Aspen
Subdivision Regulations now in effect and other laws, rules
and regulations now in effect; and
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WHEREAS, the City has imposed conditions and requirements
in connection with its approval, execution and acceptance for re-
cordation of the plat and that such matters are necessary to pro-
tect, permit and enhance the public safety and welfare; and
WHEREAS, under the authority of Section 20-9 of the Munici-
pal Code of the City of Aspen, Colorado, City is entitled to as sur-
ance that the matters hereafter agreed to will be faithfully per-
formed by the Subdivider.
NOW, THEREFORE, in consideration of the premises, the mu-
tual covenants herein contained, and the approval, execution and
acceptance of the sUbdivision plat of the Subdivider for recorda-
tion by the City, IT IS AGREED AS FOLLOWS:
1. Subdivider herewith submits to City a subdivision plat
of the SUbject Property prepared by Trico Engineering which fulfil s
all requirements of the City of Aspen Subdivision Regulations.
2. Subdivider shall provide City with recorded copies of
its executed grants of perpetual public easements for fire equip-
ment access and water drainage.
3. Subdivider shall submit to the City Engineer a copy of
its site plan, building plans and topographic map for an appraisal
and recommendations by him as to the water drainage plan.
4. (a) Subdivider shall, at its expense, prior to the is-
suance of a Certificate of Occupancy for the improvements to be
placed upon the subject property by the SUbdivider, construct a
retaining wall as shown on its plans and specifications on file wi
the City Building Inspector as a part of its application for a
building permit, between its northerly property line and the 700
Monarch Condominium Building along the southerly line of the land
being dedicated by Subdivider to City for a new street to an esti-
mated height of 4 to 5 feet, the specific height of which wall
shall be determined by the City Engineer from Subdivider's topo-
graphic map of the SUbject property.
(b) The Subdivider shall also provide a 6-inch water
line together with a 6-inch hydrant for installation adjacent to t e
subject property, to include all costs of material, installation
and inspection.
5. Subdivider shall pay to the City the cost of 140 linea
feet of 8-inch cast iron pipe and one 6-inch fire hydrant for
installation by City or it's contractor in the street to be
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OJOK277 PAGE88
created across the land being granted by Subdivider to City. The
agreed estimated cost therefor, complete, in place and ready for
use is $3,200.00.
6. Subdivider shall pay to the City's Water Depart-
ment Capital Improvement Fund an amount equal to the cost of
785 lineal feet of 8-inch cast iron pipe for expansion of the
City's water system in Monarch Street (from the intersection of
Durant Street and Monarch Street to the Subject Property)
not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00)
in consideration of which the City or its contractor shall instal
such water expansion in the summer/fall of the year 1973.
Subdivider shall be entitled to receive rebates upon
the amount paid under this paragraph from time to time upon
the following formula:
For each land development hereafter along Monarch
Street between Durant and Summit Streets (including east/west
side streets, Summit, Snark, Gilbert, Hill, Juniata, and Lawn,
but not limited thereto) for which the cast iron pipe to be
installed by the City hereunder shall be utilized, the sub-
divider or land developer of such land development shall be
required to pay to the City, in addition to all sums normally
or specially required to be paid to the City for connection to
its water system, a sum equal to the front footage (in feet)
of the proposed land development abutting on Monarch Street
or in the case of land developments on side streets or interior
of either side of Monarch, the side lot line footage parallel to
Monarch Street, multiplied by one-half the cost per lineal foot
as herein determined; PROVIDED, HOWEVER, the term of this rebate
provision shall be ten (10) years, or until the subdivider shall
have recovered One Hundred Percent (100%) of his total cash outla
hereunder, whichever shall first occur, and thereafter this
provision of this agreement shall be of no further force and
effect. On completion of the above described improvements, the
City will by letter notify Mountain Queen Corporation of the
complete cost thereof. On failure of the Subdivider to protest
the same, these costs shall be the final determination in calcu-
lating any rebate hereunder.
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bOOK277 PAGE886
7. In lieu of that certain previous Agreement between
them dated October 30, 1972 (a copy of which is attached hereto
as Exhibit "A"), the parties substitute the following:
Upon the City's acceptance of Subdivider's subdivision
plat for recording, Subdivider shall grant to City an easement
twenty-five (25) feet in width across land owned by Subdivider
as shown on the subdivision plat filed by Subdivider and as
described in Exhibit "Bn hereto, as previously agreed to, for
use for pUblic pedestrian access to the ski terrain and the
Number lA ski lift of Aspen Skiing Corporation in its present
location, At the same time, Subdivider shall grant, by dedi-
cation to City, Subdivider's fee simple title to a parcel of
land twenty-five (25) feet in width as shown on its subdivision
plat and as described in Exhibit "c" hereto for use as a pUblic
street, also as agreed to in said Exhibit "A".
Subdivider has agreed with City that the parties will
use best efforts to acquire by donation fee simple title to a
strip of land twenty~five (25) feet in width which will extend
easterly with a slight jog to the north and be a continuation
of the strip described in Exhibit "Cn so as to create a new
street between South Monarch Street and South Mill Street in
Aspen, Colorado. In the event the parties are unable to
obtain the conveyance of the adjacent property required for
the completion of the creation of such street, the Subdivider
shall be required to use best efforts to negotiate for the
purchase of the same, at its expense, for a fair and reasonable
consideration. If Subdivider is unable to acquire said land
by donation or for a reasonable and fair consideration when
required by the City, the City agrees promptly to prosecute
a condemnation suit under its right of eminent domain to
acquire said land and Subdivider agrees, upon the occurrence
of the conditions stated in the subparagraph above immediately
preceeding to pay the City for that portion of the reasonable
and necessary costs incurred by the City in such an action,
including but not limited to the price adjudicated by the Court
for the value of the land condemned, for which it (the Sub-
divider) obligated itself under Exhibit "A", the intent hereof
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bOOK277 PAGE887
being that Subdivider shall pay, as nearly as can be determined,
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the amount which would have been necessary to acquire the property
contemplated by virtue of paragraph 8 of Exhibit "A", the value of
which shall be a matter of determination in any condemnation actio
In return for making a grant of private land and for payin
brought hereunder. Payment for such reasonable and necessary cost
shall be made to the City within thirty (30) days from billing.
for the acquisition by the City of private land for public use, th
City agrees that Subdivider shall be entitled to construct the fif
teen (15) condominium units, manager's apartment and other improve-
ments as shown on its building plans and application for building
permit which has already been submitted to the City Building Inspe tor
8. Subdivider shall landscape the subject property after
completion of its construction work according to a landscape plan
submitted to the City Engineer by Copland, Finholm, Hagman and Yaw,
Architects. Such landscaping improvements shall be substantially
completed prior to the issuance of a Certificate of Occupancy for
the improvements to be placed upon the Subject Property, and no
later than September 15
1974, at a minimum expenditure by the
Subdivider of Six Thousand Three Hundred and nO/lOO
Dolla s
($ 6,300.00
) .
9. In order to insure compliance with paragraphs numbered
4.(b}, 5, and 6 above, Subdivider will place funds in an escrow
account at the Bank of Aspen according to such appropriate escrow
agreement as shall be satisfactory to the parties and that finan-
cing institution.
10. Notwithstanding anything contained herein or
referred to the contrary, Subdivider, in developing the Subject
Property contained within the plat, and the other improvements
as herein described, shall fully comply with all applicable
rules, regulations, standards and laws of the City and other
governmental agencies and bodies having jurisdiction.
11. Upon execution of this Agreement by the parties
hereto and provided all other conditions as herein contained
have been met by Subdivider, the City agrees to execute the
plat of Mountain Queen Condominiums and accept the same for
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bOOK277 PAGE888
recordation in the recording office of Pitkin County, Colorado,
upon payment of recording fees and costs to City by Subdivider.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above written.
'';,- ;'..;..-.
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:)tT'l:EST(,;.
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CITY OF ASPEN, a Colorado
MuniciP~poration ~
(,.,..//"/ -
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BY/~
/' Mayor
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,"" 1,1 Au:, "., ..A....
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",. I 1 'J~,~,-.L~:t';,,})-.;,
.~~~~O/n~
l~sistant Secretary
QUEEN CORPORATION
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EXHIBIT "B"
TO
SUBDIVISION AGREEMENT
FOR MOUNTAIN QUEEN CONDOMINIUMS
A tract of land situated
Township 10 South, Range
Pitkin County, Colorado.
cribed as follows:
in the NE 1/4 NE 1/4 of Section 13,
85 West of the 6th Principal Meridian,
Said tract being more fully des-
Beginning at the Southwest Corner of Lot 20, Block I, Connors'
Addition whence the Northeast Corner of said Section 13 bears
N 10"55'14" E 1223.66 feet;
thence S 70"03'10" E 98.84 feet along the southwesterly line
of said Lot 20;
thence S 15"46'06" W 25.07 feet;
thence N 70"03'10" W 85.42 feet;
thence N 11"25'30" W 29.28 feet to the point of beginning,
containing 0.053 acres more or less.
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buu~277 PAGE893
EXHIBIT "c"
TO
SUBDIVISION AGREEMENT
FOR MOUNTAIN QUEEN CONDOMINIUMS
A tract of land situated in the NE 1/4 NE 1/4 of Section 13,
Township 10 South, Range 85 West and in the NW 1/4 NW 1/4 of
Section 18, Township 10 South, Range 84 West of the 6th
Principal Meridian, Pitkin County, Colorado. Said tract
being more fully described as follows:
Beginning at corner No.3 of the Connor Placer, M.S. 2535;
thence S 75000 '00" E 122.55 feet along line 3-4 of said Connor
Placer;
thence S 20052'00" W 25.13 feet; thence N 75000'00" W 121.02
feet;
thence N 70003'10" W 47.27 feet; thence N 15046'06" E 25.07
feet;
thence S 70003'10" E 47.99 feet to the point of beginning,
containing 4235.1 sq. ft. more or less.
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bJUI\277 PAGE894
July 16, 1973
The City of Aspen
Aspen, Colorado
Gentlemen:
This letter shall constitute the agreement of
the undersigned subdivider of Mountain Queen Condominium
Apartments that if the domestic water supply pressure
provided to said apartments by the City is less than that
which is required to meet the customary and normal needs
of the occupants of all units in said condominium develop-
ment the undersigned will take such action as is necessary
to correct such deficiency and will maintain any such
corrective facilities as are required.
This agreement shall bind the undersigned and
its successors and assigns, including but not limited to,
any association of owners of condominium units in Mountain
Queen Condominium Apartments.
Yours very truly,
MOUNTA N QUE
By
CORPORATION
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MEMORANDUM
TO:
Aspen City Council
FROM:
Planning Office
DATE:
June 21, 1973
SUBJECT: Mountain Queen - Final Subdivision Plat Submission
Fourteen (14) unit condominium on 1.091 acres. located at
the south end of Monarch Street. The project includes a
tennis court with enclosed parking under the tennis court,
a swimming pool with related facilities; a manager's office
and apartment; maids' quarters; limited on grade parking.
The Planning and Zoning Commission has recommended approval
with the suggestion that Council make its approval conditional
upon:
1. An agreement with the applicant to secure a street
ROW extending Summit Street straight through from
Monarch Street to Mill Street.
2. The easement from Aspen Skiing Corporation be
specifically designated for fire access. and that
the Mountain Queen Condominium Association assume
responsibility for maintenance of the easement for
fire trucks.
Additional information has been received from the City
Engineer and the city's water consultant subsequent to the
planning commission's recommendation on final plat approval.
This information indicates that the existing water system is
inadequate to provide minimum fire protection for the de-
velopment, and that there is no immediate solution to correct
the deficiency. Therefore the Planning Office recommends
final plat approval be tabled until corrective measures
have been determined and adequate fire protection can be
provided.
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MEMO
TO: MAYOR AND CITY COUNCILMEMBERS
FROM: DAVE ELLIS
CITY ENGINEER
RE: MOUNTAIN QUEEN SUBDIVISION PLAT
AND AGREEMENT
DATE: June 21,1973
In very recent developments resulting from a study
of the. water system and from discussions with the
City's consulting water engineer, I cannot recommend
the Mountain Queen Subdivision for council approval
because of inadequate water supply for fire protection.
In addition to this primary r,eason, there are other
deficiencies in the proposed subdivision agreement
at this time and therefore it has not been attached.
William Clark, attorney for Mountain Queen, has
agreed at the City's request to table the matter.
He has requested reSCheduling at the first regular
meeting in July. .
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PET1TION i
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Pursuant to Section 20-10(b) of Ordinance Number 4, I
1
(Series of 1973) the Mountain Queen Corporation respectfully i
I
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petitions the Planning and Zoning Commission and the City Councill
,
,
of the City of Aspen,Colorado to grant it an exemption from I
the definition of a subdivision set forth in Section 20-2(a) of I
,
.
Ordinance Number 4, (Series of 1973) for its condominium project
on real property described in Exhibit A attached hereto and as
grounds for its request submits the folloWing:
1. The proposed division of land into fifteen (15)
condominium apartments plus a manager's apartment is not
within the inteqt and purpose of the above mentioned Chapter 20
and strict application thereof would impose undue hardship on
the petitioner.
2. Planning and architectural drawings for this
project were well underway before condominium building projects
were included within the definition of subdivision by the City
of Aspen.
3. During the project planning phase and before adop-
tion of the subdivision ordinance, the City Planner and Building
Inspector were consulted from time to time by the petitioner's
architects and other representatives resulting in a proposed
project which will offer:
a. low density
b. low visual building impact and profile
c. underground parking structure
d.
significant open space
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the City to improve traffic circulation in the I
area of the base of the Aspen Ski Corporation's I
. j
No. lA lift I
f. gran ting nf an eas_en' acrnss 'he peti tioner' 51
property tb permi t improved skier access to said I
lift and to improve vehicular traffic circulation. I
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an agreement with.the City to donate land and
pay for the acquisition of other land to permit
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4. The proposed project has proper access to a city
and to all utility services.
5. Petitioner has agreed in a hearing February 8,
1973 be.fore the Ci ty of Aspen Board of Adjustment to cooperate
fully with the A=pen Fire Protection District in providing a
sound and workable fire protection system for the apartment units
to be erected on the petitioner's property.
6. Petitioner will offer in further support of this
petition the graphic portrayals of the project which were pre-
sentedto the Aspen Board of Adjustment resulting in its unani-
mous approval of the project.
It is submitted that the petitioner's actions in
planning this project as described above is sufficient evidence
that it is not attempting to subvert the intent of Ordinance
No. 4 but in fact has been working to accomplish the same goals
as are intended by the controls established by Ordinance No.4.
In view of the time which it has taken to plan this project and
the imminent arrival of the building season it is submitted that
the recent adoption of Ordinance No. 4 (Series of 1973) at the
time when petitioner is ready to apply for a bUilding permit
coupled with a strict application thereof to the petitioner will
prevent it from being able to build its project in 1973 and will
MOUNTAlN QUEEN CORPORATION
BY\ \n~'i \k
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EXHIBIT "A" to Petition
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Nove."llber 22, 1972 .
File: 72-103-1
Boundary
DESCRIPTION"
A TRACT OF LAND SITUATED IN THE W 1/2 NW 1/4 OF SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIA.....
. AND IN THE E 1/2 NE 1/4 OF SECTION 13; TO~SHIP 10 SOUTH, RJu....GE
85 WEST OF TIlE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO.
SAID TRACT ENCOMPASSES ALL OF LOTS 45, 46, 47 AND 48 AND PARTS
OF LOTS 25., 26, 44 AND 49 OF THE LITTLE CHIEF LODE, M.S. 5850
AND IS MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON LINE 2~30F SAID LITTLE CHIEF LODE,
M.S. 5850, WHENCE CORNER NO.2 OF SAID LITTLE CHIEF LODE
BEARS N45000'QO" E 110.27 FEET AND THE NW CORNER OF SAID
SECTION 18 BEARS N 01"00'.57" W 1309.03 FEET;
THENCE S 45000'00" W 19.63 FEET ALONG SAID LINE 2-3 TO THE
MOST NORTHERLY CORNER OF SAID LOT 48;
. THENCE S 19058'41" W 110.90 FEET ALONG THE SOUTHEASTERLY
LINES OF SAID LOTS 48 AND 47'1'0 THE MOST SOUTHERLY CORNER
OF SAID LOT 47 ALSO THE MOST WESTEIU'.Y CORNER OF .LOT 24 OF
SAID LITTLE CHIEF LODE;.
THENCE S 67019'58" E 61.11 FEET ALONG THE SOUTHWESrr'ERLY LINE
OF SAID LOT .24 TO THE MOST .SOUTHERLY CORNER OF SAID LOT .24
ALSO THE MOST NORTHEIU'.Y CORNER OF LOT 16 OF SAID LITTLE CHIEF
LODE; .
.. THENCE S 17044'18" W34.00 FEET.ALONG THE NORTHWESTERLY LINE
. OF SAID LOT 16 TO THE MOST WESTERLY CORNER OF SAID LOT 16;
. THENCE N 65046' 50" W 72.34 FEET TO Ii. POINT ON THE SOUTHEASTERLY
LINE OF SAID LOT 46;
THENCE S 37013'00" W 73.02 FEET ALONG THE SOUTHEASTERLY LINE '
OF SAID LOT 46 TO THE MOST SOUTHERLY CORNER OF SAID LOT .46;
THENCE N 83Q51'10" W 78.68 FEET TO A.POINTON LINE 2-3.0F
. SAID LITTLE CHIEF LODE; ... . .
.. THENCE N 11"25'30" W 278.24 FEET;
, THENCE S 70003'10" E 132.:69 :FEET;
THENCE S 75000'00" E 129~88:FEETTOTHEPOIN'l' .OF: BEGINNING, '.
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A G R EEM E.N T
THIS AGREEMENT. made between MOUNTAIN QUEEN CORPORATION
a Colorado corporation. {herein referred to as "Mountain Queen"),
and the CITY OF ASPEN, a Colorado municipal corporat:ion, (herein
referred to as "City").
WITNESSETH:
1. Mountain Queen intends to develop real property on
Aspen Mountain situate near the base of Aspen Skiing Corpor-
ation's Number lA lift and the southerly end of Monarch Street.
2. In order to assist in the more orderly movement of
traffic, vehicular, skier and pedestrian, Mountain Queen has
agreed with the City and with Aspen Skiing Corporation to obtain
and make available landfor use for a public street and skier's
easement.
3. Attached hereto as Exhibit A and incorporated as a
part hereof, is a plat showing an area outlined in yellow. blue.
orgnge and green, which is the general course of the skier's
easement and street. Exhibits B through E inclusive are legal
descriptions of the land necessary for such uses.
~
4. Mountain Queen agrees to grant to the City of Aspen
an easement twenty-five (25) feet in width across land owned by
Mountain Queen as shown on Exhibit A and as described in Exhibit
Pfi.De.1JTfl-I/}N
B for use to providepublicAaccess to the ski hill and the
Number lA ski lift of Aspen Skiing Corporation in its present
location.
5. Mountain Queen warrants that it is the owner in
fee simple of the land described in Exhibit C and agrees to
grant by dedication to the City of Aspen all of its right, title
and interest: in and to a parcel of land twenty-five (25) feet in
width across land owned by Mountain Queen as shown on Exhib;it A
and described in Exh;ibit: C for use as a public street.
6. Mountain Queen has attempted unsucc.essfully to
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acquire from Daly Construction, Inc. certain land lying easterly
of Mountain Queen land for the purpose of dedicating a portion
of the Daly land to the City for use as a public street. The
Daly land neces.sary to such street is outlined in blue on Exhibit
A and is described in Exhibit D hereto.
7. Mountain Queen has discussed with Hans Cantrup as
representative of the owners of the land outlined in yellow on
Exhibit A the possibility of acquiring said. landfor use in the
project described herein. Mountain Queen will use its best
efforts to acquire said land from Hans Cantrup or the legal
entity which owns it and, if successful, will grant it by dedic-
ation to the City as described in Exhibit E for use as a public
street.
8. The City agrees that if the land referred to in
paragraph numbered 6 and 7 above is not granted to'the City by
A F'Y" I .3CJ, /'170 , it will take such action as it
deems necessary to acquire said property for US.e as a public
street, including but not limited to a condemnation suit under
its right of eminent domain. Mountain Queen agrees to pay the
City for all reasonable and necessary costs incurred by the City
in acquiring said land, including but not: limited to the price
allocated to the land and attorneys fees, which payment shall be
made to the City within thirty (30) days from billing.
9. In return for making a grant of private land for
public use the City agrees that all such grantors shall be en-
titled to use the area granted by them in computing density
availability under City zoning in future building projects on
land adjoining the granted land. The City furthe.r agrees that
in the event it changes the zoning classification of the land
owned by Mountain Queen described in Exhibit F, attached hereto,
from its existing AR-l (Accommodations and Recreation) class-
ification, it will not prevent or reduce the density within the
development project as previously submitted to the Board of
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Adjustment of the City of Aspen, Case N4mber 72-3, and that the
density of said project not exceed nineteen (19) units.
Dated this .clQ day of (J)~...:>
, 1972.
ATTEST:
~?~
. . Secretary '''--..
CORPORATION
By:
CITY OF ASPEN, a Colorado
municipal c rporation
By:
ATTEST:
City
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EXHIBIT"F"
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TRI-CO Management, Inc. .
Planning' Design' Surveying' Engineering. ConstructiOn
and Management of Land
Box 1730
Aspen
Colorado.81611
303.925'2688
October 18, 1972
72-103...1
Boundary
DESCRIPTION
"
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A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN
AND IN THE E 1/2 NE 1/4 OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE
85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO.
SAID TRACT ENCOMPASSES ALL OF LOTS 45, 46, 47 AND 48 AND PARTS
OF LOTS 25, 26 AND 44 OF THE LITTLE CHIEF LODE, M.S. 5850 AND
IS MORE FULLY DESCRIBED AS FOLLOWS:
,
BEGINNING AT A POINT ON LINE 2-'3 OF SAID LITTLE CHIEF LODE,
M.S. 5850, WHENCE CORNER NO. 2 OF SAID LITTLE CHIEF LODE
BEARS N 45000' 00" E 11'0.27 FEET;
THENCE S 45000'00" W 19.63 FEET ALONG SAID LINE 2-3 TO THE
MOST NORTHERLY CORNER OF SAID LOT 48 ;
THENCE S 19058'41" W110.90 FEET ALONG THE SOUTHEASTERLY'
LINES. OF SAID LOTS 48 AND 47 TO THE MOST SOUTHERLY CORNER
OF SAID LOT 47 ALSO THE MOST WESTERLY CORNER OF LOT 24 OF
SAID LITTLE CHIEF LODE;
THENCE S 67019'5B":E 61.11 FEET ALONG THE SOUTHWESTERLY LINE
OF SAID LOT 24 TO 'THE MOST SOUTHERLY CORNER OF SAID LOT 24
ALSO THE MOST NORTHERLY CORNER OF,LOT 16 OF SAID LITTLE CHIEF
LODE;
THENCE S 17 0 4 4 ' 18" W 3,4. 00 FEET ALONG THE NORTHWESTERLY LINE
OF SAID LOT 16 TO THE MOST WESTERLY CORNER OF SAID LOT 16;
THENCE N 65?46'50" W 72.34 J;EET TO A POINT ON THE SOUTHEASTERLY
LINE OF SAID LOT 46;
THENCE S 37013'00" W 73.02 FEET ALONG THE SOUTHEASTERLY LINE
OF SAID LOT 46 TO THE MOST SOUTHERLY CORNER OF SAID LOT 46;
"----THENCE. N 83051'10" W 78.68 FEET TO A POINT ON LINE 2-3 OF
. SAID LITTLE CHIEF LODE, SAID POINT. BEING THE INTERSECTION OF
AN ASPEN SKIING CORPORATION LEASE LINE AS DESCRIBED IN BOOK
" '- 235 AT PAGE 80;
~'THENCE N IP25'30" W 278.24 FEET;
THENCE S 70003'10" E 132.69 FEET;
THENCE S 75000'00" E 128.88 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.983 ACRES MORE OR LESS.
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TRI-CO Management, Inc.
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Box 1730
Aspen
Colorado 81611
303.925.2688
. 72-103";1-4 '
. October 17, 1972
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DESCRIPTION
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A TRACT OF LAND SITUATED IN THE NE 1/4 NE 1/4 OF SECTION 13,
TOWNSHIP 10 SOUTH, RANGE 85 WEST AND IN THE NW 1/4 NW 1/4 OF .
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRIN~',
CIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT BEING.
MORE FULLY DESCRIBED. AS FOLLOWS:
BEGINNING AT CORNER NO.30F THE CONNOR PLACER, M.S. 2535;
THENCE S 75000'00" E 122.55 FEET ALONG LINE 3";4 OF SAID
CONNOR PLACER 1
THENCE S 20052'00" W 25.13 FEET 1
THENCE N 75000'00" W 121.02 FEET;
THENCE N 70003'10" w: 47.27 FEET;
THENCE N 15046'06" E 25..07 FEET;
THENCE S 70003'10" E 47.99 FEET TO THE POINT OF BEGINNING,
CONTAINING 4235.1 SQ.FT. MOm: OR LESS.>
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TRI-CO Management, In-c.
. Planning. Design' Surveying' Engil')eering . Construction
.and Management of Land
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October 17, .1972
72-103-1-6
DESCRIPTION
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.... A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN,
PITKIN COUNTY, COLORADO. SAID TRACT BEING PART OF LOTS 21, 22,
AND 23 OF THE LITTLE CHIEF LODE, M.S. 5850, AND PART OF THE
CONNOR PLACER, M.S. 2535, AND BEING MORE FULLY DESCRIBED AS
FOLLOWS.:
BEGINNING AT THE SE CORNER OF LOT 6, BLOCK 5, CONNOR'S ADDITION,
WHENCE CORNER NO. 4 OF SAID CONNOR PLACER BEARS S 75000'00. E
.35.00 FEET; '.'
THENCE N 15049'50" E 48.24 FEET ALONG THE EASTERLY LINE OF
SAID LOT 6;
THENCE S 75000'00" E 25.00 FEET;
THENCE S 15049'50" W 73.24 FEET;
THENCE N 75000'00" W 84.66 FEET TO A POINT ON THE WESTERLY LINE
OF SAID LOT 23 EXTENDED NORTHERLY; .
THENCE N 20052'00" E 25.13 FEET ALONG SAID EXTENDED LINE TO A
POINT ON LINE 3-4 OF SAID CONNOR PLACER;
THENCE S 75000'00" E57.45 FEET ALONG SAID LINE 3-4 'l'OTHE POIN'l
OF BEGINNING, CON'I'AINING. 3294_.6 SQ.FT.. MORE OR LESS.'
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Colorado 81611
303-925'2688
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'EXUInIT E
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DESCRIPTION
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A TR.~CT .OF Lt\ND SITUATED nt THE m'11/4 NN.1I4 OF Sl>CTlml
18 i TOI'INSIIIP 10 SOUTH, .nA'NGE. 84 WEST .OF. THE 6THPRWCIPAL..
l.lERIDlAi.'1, PITKIN. COUNTY~ . COLORADO. SAID TRACT. BEING PART
OF THE CONNOR PLACER, !-l.S.; 2535 ,AND BEINGH,ORE' FULLY DE..,.
SCRIBED AS FOLLOt~S: .
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,BEGINNING AT.TIIE SE conNER OF
vffiE~CE COw'!ER NO~.4 OPSAID comma
S 02039'10". E 110.39 FEET;: .
THENCE S 75000'00"]; 25.00 FEETJ
THENCE S 15' 49' 50 "w 56. 96 FI:~ET i
,TilE!1CE N. 75000'00" W 25.00 FEET TOA POINT ON THE
,EASTERLY LINE OF B~OCK 5 OF SAID CONrtOR'SADDITION,
,'THE~CE N150 49' son .E. 56; 96fi'EET A:!.O~1G. TIlE EASTERLY
. LIIre OF.. SAID ..BLOCK ..5 TO. ~HE .. POINT OF
TAINIl~G,:O.033ACRES'l>K):REOR LESS.
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BLOCK 4, CON~70R 's
PLACER BEARS
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Planning' Design' Surveying. Engineering' Construction
and Management of Land
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EXHIBIT "F"
Box 1730
Aspen
Colorado 81611
303'925-2688
October 18, 1972
72-103-1
Boundary
DESCRIPTION
A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN
AND IN THE E 1/2 NE 1/4 OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE
85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO.
SAID TRACT ENCOMPASSES ALL OF LOTS 45, 46, 47 AND 48 AND PARTS
OF LOTS 25, 26 AND 44 OF THE LITTLE CHIEF LODE, M.S. 5850 AND
IS MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON LINE 2-3 OF SAID LITTLE CHIEF LODE,
M.S. 5850, WHENCE CORNER NO. 2 OF SAID LITTLE CHIEF LODE
BEARS N 45000'00" E 110.27 FEET;
. THENCE S 45000'00" W 19.63 FEET ALONG SAID LINE 2-3 TO THE
MOST NORTHERLY CORNER OF SAID LOT 48 ;
THENCE S 19058'41" W 110.90 FEET ALONG THE SOUTHEASTERLY
LINES OF SAID LOTS 48 AND 47 TO THE MOST SOUTHERLY CORNER
OF SAID LOT 47 ALSO THE MOST WESTERLY CORNER OF LOT 24 OF
SAID LITTLE CHIEF LODE;
THENCE S 67019'58" E 61.11 FEET ALONG THE SOUTHWESTERLY LINE
OF SAID LOT 24 TO THE MOST SOUTHERLY CORNER OF SAID LOT .24
ALSO THE MOST NORTHERLY CORNER OF LOT 16 OF SAID LITTLE CHIEF
LODE;
< THENCE S 17044'18" W 34.00 FEET ALONG THE NORTHWESTERLY LINE
OF SAID LOT 16 TO THE MOST WESTERLY CORNER OF SAID LOT 16;
THENCEN 65046'50" W 72.34) FEET TO A POINT ON THE SOUTHEASTERLY
LINE OF SAID LOT 46; . .
THENCE S 37013'00" W 73.02 FEET ALONG THE SOUTHEASTERLY LINE
OF SAID LOT 46 TO THE MOST SOUTHERLY CORNER OF SAID LOT 46;
THENCE N 83051'10" W 78.68 FEET TO A POINT ON LINE 2-3 OF
SAID LITTLE CHIEF LODE, SAID POINT BEING THE INTERSECTION OF
AN ASPEN SKIING CORPORATION LEASE LINE AS DESCRIBED IN BOOK
235 AT PAGE 80;
THENCE N IP25'30" W 278.24 FEET;
THENCE S 70003'10" E 132.69 FEET;
THENCE S 75000'00" E 128.88 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.983 ACRES MORE OR LESS.
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EXHIBIT B
,.12-103-1-3
August 31, 1972
DESCRIPTION
A TRACT OFIJL~D SITUATED IN THE 1'-8 1/4 NE 1/4 OF SECTION
13, TOWNSHIP 10 SOUTH, RllNGE 85 WEST OF THE 6TH PRINCIPAL
I.reRIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT BEING ~10RE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A PO:r.NT WHENCE CORNER NO. 3 OF THE CONNOR
PLACER, M.S. 2535, BEARS S 70003'10" E 47.99 FEET;
TF~NCE S 15046'06" W 25.07 FEET;
THENCE N 70003'10" W 85.42 FEET;
THENCE N 11025'30~ W 29.28 FEET;
TIlliNCE S 70003'10" E 98.84 FEET TO THE POINT OF BEGI}mtUG,
CONTAINING 0.053 ACRES MORE OR LESS.
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