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HomeMy WebLinkAboutagenda.council.worksession.20090310MEMORANDUM TO: Mayor and City Council FROM: Lee Cassin, Environmental Health Director ~£ ~ THRU: Phil Overeynder DATE OF MEMO: February 2, 2009 MEETING DATE: March io, 2009 RE: Environmental Impacts of Development -Review and Building Permitting Process REQUEST OF COUNCIL: Staff requests direction from Council, suggested changes, and comments, before returning to Council with ordinance language for first reading. PREVIOUS COUNCIL AC'T'ION: Council has had a Top Ten Goal for two years to "Create a model for a development review and building permitting process that enables the City Council to act as environmental stewards." The goal is to have staff be able to determine precisely, how much a given application exceeds existing standards in a variety of environmental areas. At a worksession on September i5, 2008, Council reinforced direction for staff to "Focus on measures that address the environmental impacts of development and construction. Concentrate on short-term and long-term measures that focus on that issue." Fortunately, this Council goal dovetails perfectly with requests we have been getting from the development community for several years. That is a desire for applicants to have clear, objective standards that they know they must meet, and a known menu of choices for how they can meet that standard. This has been a frustration for applicants in the past, and we believe this program will provide great benefits for applicants in giving more clarity to the existing requirements. A benefit of the time it has taken staff to reach this point, is the fact that, with the current slowed pace of development, it will be easier to switch to this more objective measurement system than would be the case if departments were struggling to keep up with applications. BACKGROUND: There are two parts to this goal. The first is changing existing standards into a more black and white set of objective standards for the building permitting process that ensures Council can "act as environmental stewards" -minimum standards for air pollution, energy use, and water quality. All permits above a certain size threshold would have to meet these standards, as they do now in a variety of areas. However, where the current standard might be "not having a negative effect on air quality", we are proposing a clearer standard of a specific, measurable reduction in air pollution. The minimum standards would be, to the extent possible, either existing standards or standards already being proposed by other departments -such as the 2oog Building Code or Commercial REMP standards that the Building Department has been working on for some time. Page 1 of 7 The second part is in the development review process, where staff will propose these same specific, quantified, objective standards for Council to use to weigh environmental impacts. Currently, applicants often discuss various green measures of their proposals and how consistent their application is with the Aspen Area Community Plan. This system will allow staff and applicants to know by exactly how much their proposal exceeds the minimum standards. In this way, an application for a Planned Unit Development (PUD) or "exceptional project" status would be able to demonstrate the merit of its exceptional environmental measures. This is something applicants are already doing, but this program will provide an objective way to analyze their benefits and give applicants better certainty about the process. DISCUSSION: The main overall issue: In weighing the pros and cons of each development application, Council wants to be able to know how exceptional the project is in its efforts to reduce environmental impacts such as air pollution, stormwater pollution, and energy use. Staff feels the more important issue for discussion is how to apply such a system at the land use approval stage. (Staff is assuming that minimum environmental standards for all significant developments at the buildingpermit stage will proceed with little issue.) Questions to be answered include: a) Should Council be able to weigh these impacts in deciding whether to approve projects? b) Should this apply only to "exceptional" projects and PUDs, and if not, to which other projects should it apply? c) How broadly should staff look at environmental impacts? d) Should stricter standards be required for larger developments, i.e. should a relatively small project have to reduce its PM-io emissions by io% and a larger project by zo%, since the larger project has so much more impact and more options for mitigation? E) How strict should the minimum standards be? Staff believes the response to a) is yes, for three reasons: because Council has directed staff to implement such a program, and because for many years, the code has included general language to that effect. Third, applicants have asked for a system that will provide a clear, transparent way for them to determine their environmental impacts, and then to demonstrate that they exceed the minimum standards. In response to b): Staff recommends this "weighing" system apply to large projects with large potential environmental impacts, such as Planned Unit Developments and exceptional projects under Growth Management. For many years, the Land Use Code has required that developments demonstrate they are in compliance with the Aspen Area Community Plan (AACP), that they not have a negative impact on air quality, and that they minimize environmental impacts in a variety of areas. By making this system more "black and white", it will be easier for applicants and owners to know exactly what is required of them. It makes a great deal of sense to implement such a new system in a manageable way, for PUDs and exceptional projects, rather than for every project that comes before Council. In response to c): Staff recommends that not every possible environmental impact be addressed at least initially, and that we focus on the major environmental impacts of projects, including air quality, water quality, and energy use. Pass/fail/minimum standards could be included for things like trash and recycling: room would have to be provided for adequate recycling containers. More minor impacts such as noise would be evaluated only in cases where that impact might be very significant. The system must be uncomplicated enough for both staff and applicants to use. d) The more environmental impact a project has, the more reductions are needed for the community to come close to limiting environmental degradation. However, staff wants to avoid making the Page 2 of 7 system too complicated. More importantly, a perception of fairness argues for the same percentage to be applied to all developments. e) While this program will undoubtedly need to be adjusted over time as we gain experience with it, staff believes it is important to "start slow" so the program will be a success. Staff and applicants need to gain experience with the process, and starting with smaller steps will make this easier. Here is what staff has done since the last Council worksession: In an effort to make sure we did not "jump" to the first solution proposed, and that we thoroughly considered many options, an interdepartmental staff working group was formed to discuss various possible solutions. The group consisted of about 25 staff members from all departments with an interest in environmental impacts of development: Transportation, Canary Initiative, Asset, Building, Parks, Community Development, Engineering, Attorney, Utilities Efficiency, Housing, Construction Mitigation, and Environmental Health. First, the group listed the potential environmental impacts, and then determined which ones were not addressed by current codes and policies. (Examples varied from traffic and air pollution after the project is built to noise during construction.) Then the group brainstormed as many possible solutions as it could, and then tried to list all of the PROs and CONS of each potential solution. After discussing ways to overcome many barriers that each solution might face, the whole group prioritized the list of potential solutions. Those potential solutions can be broken down into two groups. The first is the longest list and contains measures that are either already being done or investigated, or that are planned for the near future and for which staff in different departments plan to come back to Council soon. Staff will put a list of those items in Council boxes in a separate memo, because they do not require discussion at this time. Atop priority of the group is to create a system that lets Council fully see the environmental impacts of a proposed development, so Council can have this information for making decisions, and creating a system that reduces the environmental footprint of these projects. Here is how staff envisions this system might work for an application. An application would include information on what its environmental impacts would be without any mitigation measures: • Amount of traffic and PM-io air pollution the development would create after completion • Amount of stormwater pollution from the project after completion • Amount of energy to be used by the project after completion • Construction impacts =truck trips, etc. For each of these, accepted industry standards would be used to determine potential impacts. For example, the official trip generation figures are from the Institute of Traffic Engineers Trip Generation Rates. (Development applicants have been using this source to determine traffic impacts in Aspen and Pitkin County for many years.) Similar standards would be used to determine sediment impacts on the rivers, energy use, and so on. The applicant would then describe mitigation measures that would be used and could be proven to reduce these impacts so they meet minimum standards in each area. For example, a detention pond Page 3 of 7 might be created onsite, the applicant might contract with City Transportation to carry some of the trips it generates, and the applicant would agree to meet all construction mitigation requirements. The applicant would provide proof that these measures reduce each of the impacts to meet the minimum standards. In addition, applicants would have the opportunity to demonstrate that their application has "gone above" the minimum standards in one or more areas. For example, an applicant might offer to further reduce energy impacts by complying with code but also installing a solar panel. In addition to meeting minimum stormwater standards, the applicant might install permeable pavement for a parking area. Staff envisions performance-based standards rather than prescriptive standards, at least in most cases. For example, if the minimum standard for PM-io is that a development must offset or reduce io% of its PM-io pollution; the applicant could do so in any way that it chose, as long as it could prove to staff that the reductions would occur. Instead of specifying that the applicant must purchase one shuttle van, for example, the applicant could propose a list of measures that would benefit the development and also be proven to reduce trips by the required amount. Here is an example of what a portion of a worksheet might look like, in evaluating a project's impacts on PM-io air pollution. Using standard PM-io generation rates, this example project, before mitigation, would generate iooo pounds of PM-io per year. The applicant proposes a variety of measures such that, after they are implemented, only 80o pounds of PM-io will be produced each year. Since the "minimum standard" was io% points of reduction in PM-io, and the applicant actually reduced its PM-io by 20 % points, it gets an extra io points for going above and beyond the minimum requirements. City of Aspen Environmental Impacts Checklist Applicant: Jane Doe Project Name: Bia Building PM-io Impact PM-io Impact Points Earned Points Is the Extra points before after proposed Required minimum above Mitigation mitigation (minimum score met? minimum standard) score iooo 800 20% io % Yes io Similar calculations would be done for energy use and stormwater pollution. Staff would then be able to report to Council that the applicant had met minimum standards in each area, and had exceeded the minimums by, say, 5o points total. Staff will also recommend that, instead of having one staff person determine all scores, an impact evaluation committee of staff from different departments with environmental expertise, meet to review all scores, to help ensure impartiality. Finally, staff envisions that "minimum standards" would be set so that no project would find it impossible to meet them, while still ensuring that they provide significant environmental improvement. Attached is a list of a few examples of mitigation measures that applicants would be likely to use to reach minimum standards. (Attachment A) Page 4 of 7 FINANCIAL/BUDGET IMPACTS: Until we know which projects this will apply to and details of standards, it will be hard to determine financial impacts. We expect to be able to evaluate projects with existing staff. Other than staff time, there are no significant financial impacts to the city. Impacts to developers will vary. Under the land use code that has been in effect for several years, developments already have had to show they comply with the Aspen Area Community Plan, including minimizing environmental impacts. While the proposed clear and objective standards should make it easier for applicants to comply, they could be perceived as making it more difficult if developers thought they had been able to avoid compliance with existing standards. Overall, by providing certainty about required mitigation measures, applicants will benefit by knowing exactly what they have to do to comply. It is very important to note that all of the financial costs of offsetting these environmental impacts will have to be borne by someone: they will be borne either by the development that creates the added impact, or the taxpayers will pay for the impacts created by the development (more mass transit service, more landfill space, etc). In other words, it is not a question of whether these costs should be incurred, but of who will pay them. ENVIRONMENTAL IMPACT'S: The environmental benefit of this program will be ensuring that a portion of the environmental impacts of large developments are paid for by the developments responsible for creating the impacts. This program will reduce the amount by which new large developments will impair air and water quality, increase global warming, .and generate solid waste. This program will not prevent all of the environmental impacts of new developments. This program will also encourage large developments to go beyond minimum standards and act as an incentive for developments to reduce their environmental footprints. It should be noted that this new system will not be a panacea and will not remove the environmental impacts of development. There will still be additional trips and PM-ro, additional water pollution, additional energy use, and truck traffic and noise during construction. But this program will be a small step toward reducing and making explicit the environmental impacts of development. For example, development negatively impacts the quality of stormwater runoff by creating hard surface areas that stormwater (rainfall and snowmelt) cannot penetrate. When stormwater flows over these hard surfaces it picks up pollutants accumulated on those surfaces and carries those pollutants to the river. The stormwater quality standard for development will be based on the amount of hard surfaces a development builds and the amount of pollutants generated by that development. Developments will be required to treat a certain amount of stormwater leaving their site in an effort to remove pollutants -the less hard surface area, the smaller the amount of stormwater required to be treated, and therefore developments are rewarded for smart site design. "Treatment" of stormwater to remove pollutants involves the installation of structures such as landscaped infiltration areas or constructed wetlands. The more areas like this that stormwater runoff flows through before reaching the river, the more pollutants are removed and the better quality of water reaching the river. Developments that treat more stormwater or that send their runoff through more treatment structures than required by the minimum standard would be removing more pollutants from their stormwater and therefore would receive "points" for going above and beyond the minimum requirement. Finally, I want to point out that to the extent that these minimum standards and the extra efforts made by applicants for PUDs and exceptional projects increase the price of a project, they may drive increases in density or free market components of projects. Page 5 of 7 RECOMMENDED AC'T'ION: Staff requests direction from Council, suggested changes, and comments, before returning to Council with ordinance language for first reading. ALTERNATIVES: i) Council could direct staff to apply this program to more than just PUDs and exceptional projects. At the last work session on this issue, Council indicated this should apply to all but the smallest projects. We are proposing atwo-pronged approach: that minimum standards apply to all projects (above a certain threshold) and that "weighing" environmental improvements beyond the minimum standards apply to PUDs and exceptional projects. z) A prescriptive approach could be used instead of a performance-based approach. In other words, staff could list 5 mitigation measures for each environmental impact that must be implemented, instead of specifying a percent reduction to be achieved as the developer chose. PROPOSED MOTION: Na CITY MANAGER COMMENTS ATTACHMENTS: Attachment A, Example impact reduction measures Page 6 of 7 Attachment A: Example of some impact reduction measures that are in use elsewhere Traffic~PM-io • Providing vans or shuttles for guests and/or employees, combined with limited parking • Unbundling parking from leases and/or units • Contracting with RFTA or City Transportation to carry an equivalent number of trips • Charging for parking • Transit passes, carpooling, car sharing • Parking cash-out programs Stormwater • Inlet protection for inlets on each site • Infiltration of runoff into soil at each site • Have contractors sweep, not flush dirt from their sites • Use pervious materials for certain areas • more Energy Use: • Put some solar panels on south-facing roofs • Extra insulation, sealing, heat exchangers • Install alternative energy technologies beyond the REMP requirement (solar PV and thermal, GSHP, etc) • % beyond code minimum for insulation • Upper tier Energy Star rated appliances and systems • Smart home technologies (controls, etc.) • Site orientation to maximize solar retention in winter, shading in summer TrashLRecvcling Provide containers and space outside for recycling of cardboard,. comiged, office paper, newspaper, yard waste, and possible future items like electronic waste Provide space inside for staging of recyclables Page 7 of 7 MEMORANDUM To: Mayor Ireland and City Council Members From: Aspen Community Effort for Indoor Tennis (ACE-IT) Beth Mehall and Joyce Allgaier, committee chairs Date: 3/5/09 Re: Covered Tennis Courts Proposal-March 10, 2008 Work Session (Additional materials to be provided at meeting.) Who is ACE-IT and what is our mission?: Aspen Community Effort for Indoor Tennis (ACE-IT) is a group of local citizens working to provide access to tennis facilities on a year round basis to community members and guests regardless of their socio-economic status. We represent juniors and adults from the highly competitive level to the occasional recreational player. This is a community grassroots effort. Community members are pulling together providing services, funds, and energy in hopes of providing this much needed facility. Aspen's climate allows for only a very short outdoor tennis season (typically June through October on the city clay courts) which is very limiting to both recreational and competitive play for ayear-round sport. Opportunities for beginners, young competitive players, adult competitive players, United States Tennis Association (USTA) league players, our high school teams and others have dwindled significantly in the last few years, making our goal even more urgent. We know however, based on surveys, local USTA league participation, city court usage, city tennis program enrollment, and growing high school team rosters that tennis is a growing sport in our community. Resort communities similar to ours, including Steamboat, Breckenridge, and Park City have public indoor facilities. Steamboat recently increased their facility from 4 courts to 6. Other communities on both the West Slope and Front Range are also taking actions to create year-round tennis facilities to meet the need. The USTA reported that in 2007, tennis participation grew 12% in the nation. Our goal is to emphasize public accessibility, affordability, and a variety of tennis programs. We seek to offer affordable open court time, a broad range of tennis programming from beginner lessons to high level training for competitive players, and the opportunity for social, recreational and competitive match play. All of these are in demand in Aspen. . Through private funds, we would like to develop a seasonal facility for the benefit of community residents and guests that can be operated at no cost to the city and taxpayer. We have reviewed and analyzed several existing tennis facility and program operational scenarios as well as developing our own numbers for a proposed facility and tennis program. After a thorough evaluation, we are confident that a quality program with these goals can be self-sustaining and run at no additional cost to the city. We can provide specific information about our findings on operational costs at the meeting. We would like to emphasize that we are not seeking funds from the city for capital or to add to the subsidy for recreation as we intend for this to operate under a professional services contract. Why indoor tennis courts are important to our community and why there is an immediate need: Indoor tennis opportunities are disappearing to all but a very few in the valley. Maroon Creek Club and Snowmass Club have membership rates which are unaffordable to many locals. Courts are not available to the public at these facilities. The Aspen Club's single, bubbled court is currently the only indoor court available for public rental from Aspen to Vail. It can be rented on a limited basis at $100 for 2 people and $150 for 4 for one hour-- up from $20/hour last year, and far out of reach for many local families. The Aspen Club is reorganizing it's focus and has plans to eliminate this indoor court. Indoor courts are also needed by our high school players. It is difficult for tennis players to stay competitive when most team members who want to play year round are not able to. Only 3 out of the 11 varsity boys belong to a private club for example. One player has been driving to the Vail area on a weekly basis to get court time. The girl's team has 28 members this season. They hold practices at the Maroon Creek Club, and must work around member's reservations. This court time is generously donated, however, it is arranged on a handshake deal, and could be lost at any time. Their season is over before they can play outside. In a difficult economy, it is even more important that our children have affordable programs and activities to help keep them out of trouble. A February, 2008 study concluded that drug usage at Aspen High School is over twice the national average and 14% of Aspen High School students are high risk drinkers. While tennis courts alone wont solve that problem, the more opportunities we offer to keep our kids constructive, the better. This facility will offer a variety of opportunities -both social and competitive, for our children. The economic downturn is increasing the gap between the "haves" and "have- nots". With our only indoor tennis very exclusive, people are understandably becoming frustrated with the "elitist" nature of this, and other recreational opportunities in this valley. Indoor public courts create an opportunity to unite our community. Because this project would be funded through private donations, and operations would be sell-sustaining, this project provides a positive direction with no negative impact to the budget. We have thought long and hard about the timing of our proposal to the city council. Considering these uncertain economic times, the challenges of fund raising, the need for such a facility, and the good climate for construction, we feel this is good time to move forward. What has been done so far, our proposal, and how we arrived here: The request for indoor public tennis facilities in the valley has been ongoing. Over three years ago, interested people, including some who are still involved today, contacted the Parks and Recreation Department and City Council members with concern that indoor tennis facilities were greatly needed. There was plenty of support and justification from both citizens and public officials, but with other public projects already underway, a building boom ensuing, and a lack of funding, the effort was tabled. Since then, with the city's very successful summer program, and the growing popularity of tennis in our valley and nationwide, demand for facilities and programs continues to increase. In the Summer 2008, when it became apparent that inaction would soon result in significant gaps in trairiing and no tennis available to much of the public for 8 months of the year, interested players began reorganizing. Several solutions and locations were considered and revisited. Resulting in the following process: Original 2008 Plan: 4 court permanent structure • Rational: o fund raising was not an issue as support was significant and the economy was still reasonably strong o provided opportunity for green energy use o could be a first class community amenity • Cost: $2.5 million • Sites considered o Clay courts- Aspen Golf and Tennis- determined not feasible as cost and space prohibited retaining outdoor use in the summer if indoor facility was constructed o Iselin -where 2 hard courts reside- determined to be preferred location-- opportunity to incorporate into ARC campus o no other locations were found to be feasible • Work done o preliminary site plans and conceptual drawings for 3 options o informally asked for input from neighbors o discussed our proposal with Parks and Recreation o met with Community Development Re-evaluation 2008-2009 • With the uncertainty in the economic and political climate we felt it necessary to step back, re evaluate and investigate our goals and other solutions with sensitivity to changing community concerns, and an open mind. • Postponed work session with city council as more information was needed on alternative solutions that were emerging as more economical, energy efficient, and appropriate to meet the immediate needs of the tennis community. • With urgency only magnified by the economic climate, we have been encouraged by numerous tennis enthusiasts to continue our efforts. New information- Alternative Solutions 2009 • Air supported structures o Environmental advantages-- actually more energy efficient than permanent structures ^ solar gain during day ^ no need for lighting during day ^ seasonal-- no energy usage during summer as would be the case with a permanent structure ^ fewer natural resources used o Economic advantages ^ upfront costs significantly less ($350-400K for a 4 court air structure including foundation and mechanical needs vs 2.5 million for a permanent structure) ^ utility operation costs appear to be about half as much as a permanenfstructure (more verification is being conducted) o Fast ordering and installation--can be installed and ready roughly 3 months after ordering o Seasonal advantage ^ removable in the summer resulting in open space and more. outdoor court use when outdoor courts are in greater demand-- a neighbor at Iselin expressed preference for a air structure solution Revised Proposal With the known environmental and economic advantages of a seasonal air structure we feel it is more appropriate at this time, to propose a 3 or 4 court seasonal air structure. Our proposal will not limit the possibility of a permanent structure as a future option, but we feel a seasonal air structure can better address the immediate needs of the tennis community in a practical and economical way. We have met with an air structure manufacturer and reviewed the potential of both the Aspen Golf and Tennis and the Iselin sites. Both are feasible. There are advantages to each, and we would like to continue to explore both options with the city council, the Community Development Department and Parks and Recreation Department. We hope to be able to install this in time for 2009-2010 winter season to eliminate the gap in tennis opportunities for players in the valley. Aspen Golf and Tennis • 4 -court enclosure is possible over 4 western most courts--the 4 furthest away from the parking lot, perpendicular to the road. • Air structure would be seasonal, allowing outdoor use of all courts in the summer • Considerations: o with the new bridge on highway 82 elevated, the foundation for the structure would be comparatively sunk, reducing visual impact o would create a more balanced year-round recreational usage of that site- complementing the light usage at the cross country ski center in the winter. o infrastructure is already in place: parking, lockers and showers, phone, computers etc. and would complement pro shop and restaurant facility o would easily tie in to existing summer tennis programs 0 on public RFTA bus route o would reduce costs of clay court preparation and winterizing o covering courts from snow would allow earlier outdoor use o no option for permanent structure at this site, but option is left at Iselin o land use approvals (as necessary for temporary structures) o discussions with neighbors Iselin Park • Redesign the existing Iselin site plan to accommodate three (3) seasonal indoor courts in the location of the two existing outdoor courts. These courts would be covered with a temporary air structure and could eventually be replaced with a permanent structure. • Considerations o close to the school o close to ARC o •on bus route o existing covenants and land use approvals (PUD amendment) o possible limit to 3 courts o discussions with neighbors After reviewing these previous and new options with consideration for the economicslfunding, environmental impacts, operations, integration into existing city recreation, and other factors, our preferred alternative is a seasonal air structure at the Aspen Golf and Tennis Center location. We propose to privately raise capital, turn the facility over to the City of Aspen, and recommend operations through a concessionaire arrangement with no additional cost or subsidies from the Recreation Department budget. What we are requesting from the City Council at this time: • Opportunity for a collaborative discussion about the opportunity for a seasonal tennis facility, ideas, and concerns, based on the suggestions contained within this memo, • Indication of a preference for location, • For acan-do and creative attitude in a partnership with us in moving this project forward, ..Allowance for city staff to assist us in taking the next steps in the processes of further evaluation of site planning and design decisions, operational cost evaluation, working with neighbors, and gaining development approvals as appropriate, and Your support and authorization to proceed with a land use application, as might be necessary, in the future. We look forward to a discussion with you at your March 10`" work session. Thank you for your time and consideration. MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Errin Evans, Current Planner THRU: Chris Bendon, Community Development Director ~~ DATE OF MEMO: January 22s', 2009 MEETING DATE: rv1A2CL{ ~~ I , 2009 RE: Work Session -Indoor Tennis Facility at the ARC APPLICANT /OWNER: Tennis Advocates REPRESENTATIVE: Joyce A]lgaier LOCATION: Aspen Recreation Center - 861 Mazoon Creek Road; Legal Description -Iselin Pazk Planned Unit Development; Pazcel Identification Number - 2735- 142-00-851 CURRENT ZONING & USE Located in the Park (P) zone district with the Iselin Planned Unit Development overlay. PROPOSED LAND USE: The Applicant is requesting to create an indoor tennis facility where the two existing outdoor courts aze located. The proposal would create four indoor courts, a lobby and two affordable housing units. '~ ttl.l IR I\I%Alt "IIN115 tf\$j! One of three options proposed. BACKGROUND: A group of tennis advocates would like to construct an indoor tennis facility on the same pazcel as the Aspen Recreation Center (ARC). This property is owned by the City of Aspen. They have been keeping the Parks and Recreation Department updated with the plans for their endeavor. There are a few issues that will need to be resolved in order for the applicant to proceed with this project. 1) There is a deed restriction stating that no more buildings aze permitted to be constructed on the Iselin PUD. The deed restriction is between the City and the Castle / Mazoon Creek Caucus. 2) Council will be required to authorize the application because it is located on City property. 3) How will the long term operating costs be covered? The City is currently cutting back services on existing facilities because of budget restraints. The applicant will be responsible for planning the operating costs of the proposed facility. 4) The applicant will be required to reseazch compazable facilities in other communities for financial operating information. Also other facilities in Aspen should be analyzed. 5) The applicant may wish to partner with other users groups such as indoor basketball to gain more support. 6) How will pazking be addressed on this site? 7) The PUD will require an amendment. This amendment would consist of a two step process going before the Planning and Zoning Commission and the Council. ~ '"~. i ~ 1 -- r -~ i n~ _~ r_~ ~-~ ~\ ~~ 1 1` In ~ \\ `// / .~ ~W i'/y'l /~' ~ Y ~ \ uea v\~~1//'.. PF1ti IN1YJ1: f~Y':6 (TTW ~ /JJ Attachments Exhibit A -Resolution No. 32 of 2001 Exhibit B -Ordinance No. 6 of 2001 Exhibit C -Plat ~x~+t ~7 ~ RESOLUTION NO. Series of 2001 A RESOLUTION OF THE CITY OF ASPEN,,. COLORADO, APPROVING CERTAIN DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ISELIN PARK, AND ALTI'HORIZING THE ~ MAN',AGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. R'IiERF~4S, there has been submitted to the City Council a certain document emitled Declaration of Covenants, Conditions anti restrictions for Iselin Pazk, a copy of which contract is annexed hereto as Exhibit A and made a part thereof. NOW, WHEREFORE, BE 1T RESOLVED BY THE C1TY COUNCIL OF THE CITY OF ASPEN, COLORADO; Sech~O~ That the City Council of the City of Aspen hereby that certain document eatitied Declaration of Covenants, Conditions, and Restri~~ons for Iselin pazk, a copy of which is -: armexed hereto and incorporated herein,. and does by authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated_ ~~ l/3 I, Kathryn S. Koch, duly appoi~ ~ acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~_, 2001. ,, , ~ fi S. ch, City Clerk JPW-03/05/2001-G: \john\word\resoe \maroon-creek-cov. doc ~~ DECLARATION OF COVENANTS, &O1VDITIONS, AND RESTRICTION FOR ~T PARK ~,, ;. THIS DECLARATION OF C~~VENANTS, CONDITIONS, AND RESTRICTIONS FOR THE ISELIN PART{ ("Declaration") is made this 2001, by the City of Aspen, Colorado, a home rule municipal corporati n ("Declarant"). WITNESSETH WHEREAS, Declarant is the owner of certain real property In pitkin County, Colorado, known as Iselin Pazk, the legal description of which is appended hereto as Exhibit A ("Property"); and WHEREAS, This Declazation is intended to formalize an agreement between the City of Aspen and Castle/Maroon Creek Caucus relating to proposed improvements to the Iselin Park area commonly referred to as the Iselin park Master Plan. NOW THEREFORE, Declarant does hereby declare that the following terms, covenants, restrictions, uses, limitations, and obligations shall be deemed to run with and be a burden on the Property, and any person,~r~ e~ptety acquiring or owning an interest in the Property, and any improvements thereo~;, ~R ~~~' gr~~ successors, heirs, personal representatives, devisees, and assignees. ,:~~.k 1. Flood li ~~ ghting shall be prohibited for a period of three (3) years beginning on the date that the Iselin athletic fields are completed, After the three yeaz period, if a special event or use is planned for the Property and flood lighting is requested, and such request is approved in advance by the City of Aspen, then temporary flood lighting of anon-permanent nature may be used. No such temporary flood lighting shall be used between the hours of 10 p.m. and 7 a.m. No such event shall be scheduled to exceed 3 days in duration. The type and location of any such temporary lighting shall be approved in advance by the City of Aspen. 2. There shall be ao use of public audio systems or loud speakers on the Property or affecting the Property except for special events scheduled and approved for the Property 'by the City of Aspen as part of a special events permit; provided, however, that no approval shall be granted for such use before 7:00 a.m. or after 10:00 p.m.,• and, provided further, that any such use shall comply with the City of Aspen noise ordinance unless specifically exempted from the restrictions of the noise ordinance according to law. 3 • The Iselin Pazk Master Plan indicates that an ice rink is to be constructed on the Property. The City shall not construct a secoi~i.c'~rusk on the Property, In the event that the first proposed ice rink is not constructed, t'~e;C~~ty`~shajl`)~ve the right in its sole discretion, following full public review as may be fq,,bd by '`the City's Land Use Code and other provisions of its Municipal Code, to constcuct a'facility or facilities for recreational uses only that are consistent with pazk uses; provided, however, that any other proposed use or uses shall have no greater on-site or off-site impacts than the proposed ice rink. 4• There shall not be any additional building(s) or structures constructed, erected or otherwise located on the property, which is not identified in the Iselin Park Master Plan in effect as of the date hereof. The parties hereto understand that the Iselin Pazk Master Plan contemplates the construction of space for the Aspen Youth Center and employee unit(s) to accommodate two bedrooms. 5• There shall not be any expansion or construction of additional playing or practice field(s) on the Property that is not identified in date hereof. the~Iselin Pazk Master Plan in effect as of the ~ +t 6• Food service shall be limited to the azea defined for such use in the Iselin Park pool/Ice Drawings. Any such food service shall be an ancillary service to both the pazk and pool/ice facility. Any such fob service operator shall be ]jmited by the lease agreement with the Ciry to prohibit marketing the food service to patrons outside of the park and pool/ice facility. The existing food service facility ("The Last Stand") shall be removed upon or before the opening of the new facility within the Iselin PooUIce facility. ~• The City shall ensure that sponsors of any' events at the Property shall be responsible for ensuring that sufficient pazking and appropriate transportation options are made available for the number of participants and spectators expected to attend such event. Sponsors of such events shall also be responsible for coordinatigg multiple events that may be scheduled at the Property at any given time. If a special event permit is required for any particular event at the Property, the Ciry shall ensure that adequate pazking and transportation is provided by the sponsor of the event prior [o issuing a special events permit. $• The City shall take all reasonable efforts to enforce pazking regulations within its jurisdiction and to encourage Ure County to enforce parking regulations within its jurisdictional limits. t''1 9• Any and all titles and re i `. gulations, whrcfi poy8~'d the use of the Property shall be posted in conspicuous locations on the Property and shall be written is both English and Spanish in a c]eaz and conspicuous manner. 10. The City of Aspen agrees to keep at Iselin Park a n„nirrn,.r, _ which shall be maintained in good playing conditions throughout the oterm o~this Declara on• including any extensions, renewals or modifications hereto. 1l. This Declaration shall be effective for a period of ten (10) yeazs beginning on the date that the facility receives a certificate of occupancy, and thereafter shall automatically renew for successive 1 year tetras unless modified or terminated after public hearing and by appropriate authority of the Ciry of Aspen having jurisdiction over this Declaration. 4 IN WITNESS WfIEREOF, ~ Declarant has executed this Declaration as of the date and Peat' first above written, DECLARANT: The City of Aspen: ~~'\ Y~ Rach 1 E. Richards, Mayor ,.:„',,^ w. }~:; W7f11AN v:' ~: Mj, `, '~OF C0~0 STATE OF COLORADO ) COUNTY OF PTTI{IlV ~ ss. The foregoing instrument was acknowledged-before me this .13 da of ~QC~, ~, by Rachel E. Richards, Mayor of the City of Aspen. Y `t---- Witness my hand and official seal, MY commission expires; 4 i~lo 3 1PW-03/052001-G; \joLn\wordlegt\wroon.cesUo-cov,doc tart' Public f,,, .. fir:: .,.. < IAF, rwYugi ., ,~4, ~ N~g~T b ~` ORDINANCE N0. 6 - (SERIES OF 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN .APPROVING THE CONSOLIDATED. COI~ECEPUTAL & FIlYAL PLANNED UNTI' DEVELOPMENT AND $PECIALLY;III.ANNEDRREA FOR ISELIN PARK AND APPROVING AN EXEMPTIp~ROM THE SCORING AND COMPETITION PROCEDURES ~OF ~ OWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC F'ACILTTY, CTfY OF ASPEN, PITKIN COUNTY,COLORADU. Parcel No. 2735-142-00-551 WHEREAS, the Community Development Department received an application from the City of Aspen, owner and applicant, prepazed by Otak Rock Creek Studio, dated December 4, 2000, and plans dated November 15, 2000, for a Consolidated Conceptual & Fine! Planned Unit Development (POD) approval fora +/_ g0,000 sq. ft. recreational structure including swimming pools, ice rink, youth center, accessory sport shop, snack bar/restaurant, and other appurtenant uses; recreational fields and a 120 car pazking lot and; for a Specially Planned Area (SPA) approval for a deed restricted affordable housing unit; and for exemption to the .Growth Management Quota System (GMQS) as an essential public facility, for a property located on the west side of Maroon Creek Road within the City of Aspen; and, f'"""` WHEREAS, the subject property is approximately 19.35 acres in size, and is located in the Park Zone District; and, WHEREAS, the subject property i x ated as "Aspen City Park" on the Future Land Use Map of the 2000'Aspene~;c Cmmunity Plan, identifying the land as appropriate for community and reCreatioti ,s1t,.• d' WHEREAS, pursuant to Section 26.440 (SPA), Section 26.445 (POD) and Section 26.470.070 (GMQS) the City Council may approve a Specially Planned Area, Planned Unit Development and Exemption to the Growth Management Quota System during a duly noticed public heating after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the geneial public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.425.040 the Planning and Zoning Commission through Resolution No. 5, Series of 2001 approved of a Conditional Use allowing for a recreation structure; accessory sport shop and snack baz/restaurant during a duly noticed public hearing after considering a recommendation from the Community Development Deputy Director, comments from the general public, and recommendations from relevant refemal agencies: and 4S643Q;07/12/2001 02:04P ORDINRNC DRVIS SILVI "` 1 ~f~~8 R 40.00 D 0.00 N 0.00 PITKiN COUNTY CO : I ~' ~ Iselin PUD/SPA/GMQS Ord. No.6 2001,, . ~'~ „a ~!. ~~ WFIEREASt the AspenLPitkin County Housing Authority recommended approval _ finding that the affordable housing mitigation requirements were met; and WHEREAS, the Community Development Deputy Director recommended approval of the Planned Unit Development, Specially Planned Area for an affordable housing unit in the Park Zone District and for an Exemption to the GMQS as an essential public facility; and, c~~ ~', WHEREAS, pursuant to Sect~oz{ 4~~lO,Q~7U(J), the City Council may approve a GMQS Exemption for Essential Pulillte,Facilities after considering a recommendation from the Growth Management Commission at a public hearing. Such GMC hearing was conducted on February 20, 2001, continued to February 27, 2001 with a GMC recommendation to approve the exemption as contained within GMC Resolution No. 01, Series of 2001; and, WHEREAS, during a duly noticed public hearing on September 6, 2000, the Aspen/Pitkin County Housing Boazd and staff recommended approval to Council of the GMQS Exemption for Iselin Patk as an essential public facility and affordable housing and recommended employee mitigation for 19.3 FTE's for the project with one on-site unit satisfying 2.25 FTEs with all other mitigation provided through the purchase of units at the Truscott PUD and through utilizing credits at the Water Place Housing Project; and, ~~: WHEREAS, the Aspen Planning and Zoning Commission conducted a duly noticed public hearing on January 2, 2001, on January 30, 2001 and then on February 6, 2001, where the Planning and Zoning Commission opened a public hearing, took testimony and closed the public hearing; and, WHEREAS, the Aspen Planniitg~ and Toning Commission found that the development proposal meets or exceeds~;tttl applicable development standards of the PUD and SPA provisions of the Land Use Coiie'and that the approval of the development, with wnditions, is consistent with the goals and elements of the Aspen Area Community Plan and recommended approval to the City Council through Resolution No. 5, Series of 2001 and forwarded a recommendation through Resolution No. 7, Series of 2001 regazding roof height specifically; and, WHEREAS, the City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission and Community Development Deputy Director, the Housing Authority Board, the Growth Management Commission, the applicable referral agencies, and has taken and considered public comment at a public hearing on February 26, 2001; and, WIIEREAS, the City Council finds that this Ordinance.furthers and is necessary for er"'~ the promotion of public health, safety, and welfare. _ 1111111 IIIiI 111111 111111 IIIII IIIII IIIII Iil IIIII IIII IIII "458438 01/12/2001 02:04P ORDINANC DAMS SILVI 2 of 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO IselinPUD/SPA/GMQSOrd.No.6,2001 ;_2_`___.----...-__- .--._._--- _.-_..-...--_.-- ~:;~ , r.,; ~..~ # ~: lvow, TfIEI2EFQRE, sE IT bl~AnvEn BY THE CITY coUNCIL _ OF THE CITY OF ASPEN, COI:ORADO as'follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the. Iselin Park project as put forth in the Iselin Park Consolidated Conceptual/Final PUD/SPA application dated December 4, 2000, and associated plan set dated November 15, 2000, as amended through the conditions contained herein, is hereby granted approvals for Consolidated Conceptual & Finat Planned Unit Development, Specially Planned Area and Exemptions from the Crrowth Management Quota System as an Essential Public Facility, subject to the conditions of approval listed hereinafter. , Section 2• Conditions of Approval: 1. A PUD Agreement shall be recorded within 180 days of the final-approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within;:l°80 days of the final approval granted by City Council and shall include: z '' a. A final plat meeting the requiremgnt~ gf.~te-City Engineer and showing easements, encroachment agreements and licenses with reception numbers for !~~ physical improvements and parking spaces within City rights-of--way, and location of utility pedestals. b. The dimensional requirements for the PUD and SPA shall be noted as follows: Minimum Lot Size: 15 acres Minimum Lot Area per dwelling unit: 15 acres Minimum Lot Width: 250 feet Minimum Front Yazd: 30 feet Minimum Side Yard: 25 feet Minimtam Rem' Yom: 500 feet Maximum Height: 60 feet Percent of Open Space: 50 percent External Floor Area Ratio: • .A.25:1 Internal Floor Area Ratio: . ~ N/A Off Street Pazking: Recreational Use &~ 1 space per 1,000 sq. feet Off Street Parking: Residential Uses: 1 space per bedroom ~~ c. A drawing representing the project's architectural character. y I I"III "III ~'IIII I'II" III'I ~flll'I'I) III I'I" IIII ~"I 456436 07/12/2001 02:04P ORDINRNC DRVIS SILVI Iselin PUD/SPA/GMQS Oid. No.6, 2001. - 3 - 3 of 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO d. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, trails and the dimensional requirements as approved. 3. That the Applicant prepares a pazking mitigation plan for review and approval by the City's Parking Department for the construction period. 4. That the Events/Pazking Coordinator of the Parks and Recreation Department notifies the City Parking Department prior to special events for increased patrolling of Parking. 5. That the Applicant prepares an ewe~rI~'~~~ency access plan for review and approval by the Aspen Fire Marshal prior to the is~~ o~'~a building permit for the facility and. 6. That the Applicant prepares a speciaievents seating plan which meets with the approval of the Aspen Fire Marshal°and the Chief Building Official for compliance with escape route and Uniform Building Code occupancy provisions. Such seating plan shall be abided by for all major events and provided to facility operations staff, event organizers and promoters. 7. That the Applicant files a final drainage plan that meets with the approval of the City Engineer prior to the issuance of a building permit. The drainage plan, shall include an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage `~ improvements. ' 8. That the Parks and Recreation Department utilize best construction practices to ensure protection of the existing vegetation and other landscape features on the site. 9. That the Applicant implements a combination of incentives and' disincentives to ensure that traffic will not significantly increase, and that traffic will be limited to pazking available at the Iselin facility and parking areas noted within the application. 10. That the Applicant will implement thq appl{cable and reasonable parking and transportation management strategitb~!Autlined in the Chazlier Report dated February 6, 2001. ,n_;.., .,~: ` . 11. That the Applicant submits an audit of employees of the facility to determine whether additional mitigation is necessary. Such audit shall be conducted two yeazs after certificate of occupancy, the cost of which shall be borne by the applicant 12, That a formalized operational agreement regarding event scheduling and parking lot usage between the Aspen School District, Ciry of Aspen Parks and Recreation Department, Aspen Valley Ski Club and the Aspen Ballet be provided prior to certificate of occupancy. 13. That the lap pool and pool areas meet the CHSSA regulations for competitive high school swimming meets. . 14. That the housing mitigation calculation, as amended to reflect the project's revised ~'~'* square footage/employee generation and use of Truscott Affordable Housing units r . i uiiii iiiii r~~iu uiut uui iiiii lull iii iiiii iui uii 456436 07/12/2001 02:04P ORDINRNC DRVIfi SILVI Iselin PUD/SPA/GMQS Ord. No.6, 2001 _ q _ 4 of 6 R 40.00 D 0.00 N 0. ~ PITKIN COUNTY CO 7 "Sy';. ` . 1, .:p. I .~,)1`ti~ d.. ~~ and Water Place credits, as prepared by the Housing Authority staff, be implemented for employee generation mitigation. 15. That City Staff evaluates; in conjunction with the new bus service provided through Uie Aspect Highlands Village PUD mitigation requirements, the effectiveness of a dedicated bus for Mazoon Creek Road service. 16. Thai the Applicant provides a final detailed lighting plan for review and approval by the Community Development Director to ensure proper lighting levels and conformance with the technical components of the City's lighting code. 17. That the City's Transportation Manager reviews and approves the final PUD Plan to evaluate RFTA service to the site and the final site plan details to ensure efficient, safe and convenient service. , 18. That some of tem o ~' type p racy Maroon Cre~)~Road crossing impmvemerrt be provided, such as a raised and7or painted crossing walls and/or a temporary pedestrian-activated crossing light. Suc`Ii_ grossing would be necessary if the pedestrian bridge is not constructed ar t{ie time of certificate of occupancy of the Iselin Pazk facility 19. That the Applicant provides for and schedules an on-site review by Community Development and Parks and Recreation Staff, including the City's landscape architects, to ensure that the Maroon Creek Road. berm will serve the function of dissuading "shortcutting" by pedestrians from the school campus to the Iselin facility. The applicants shalbnotify the. Community Development Drector once the berm is in ~~. preliminary form (but prior to landscape installation). 20. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkia County Clerk and Recorder. 21. The building pernut application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the wver'page of the building permit set. c. A completed tap permit for service withthe Aspen Consolidated Sanitation District. ~'la,•. d. A parking mitigation plan (approved by ~~ Parking Dept.) and construction traffic management plan (approved ~y't'h~e~ngineering Dept.)for activity during construction time. ,?,<'~°` ` e. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. 22. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the recreational building in accordance with Aspen Fire District requirements. ~*""~ 23. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. 111111111111111111111111 11111111111111111111111IIil 1111 456436 07/32/2001 02:04P ORDINRNC DRYIS SILVI Iselin PUD/SPA/GMQS Ord. No.6, 2001 - 5 - 5 of B R 40.00 D 0.00 N 0.00 PITKIN CDUNTY CO ~:_ ,~~t r '~ ;:~~''? . rr~' 24. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Pazks Impact fee is finalized, those fees shall be payable according to the agreement. 25. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of Streets of the appropriate jurisdiction. 26. The applicant shall abide by all noise ordinances. Constntction activity is limited to the hours between 7 a.m. and 7 p.m. 27. The applicant shall not track mud onto City or County streets during construction. A washed rock or other style mud rack must be installed during construction. 28. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. ~,t!nEw 29. A fugitive dust control permit will Ke~tequied during construction. ~i~S, 1 . 30. Slope stabili2ation, erosion controlr~d'sediment control measures need to be implemented before, during, and after construction.' 31. That City. Staff shall work with CORE to enhance the overall energy efficiency of the building, particulazly with regard to the use of solar power. To advance this objective, City Staff shall request REMP funds and evaluate the use of general funds where A'te'*, there would be a cost benefit to achieve greater energy efficiency over time. 32. That City Staff conduct a biennial parking review at years 2 (two) and 4 (four) following the issuance of a Certificate of Occupancy to evaluate the effectiveness of the parking plan and recommend modification if determined to be necessary. Section 3• T1us Ordinance acknowledges the representations made by the City of Aspen City Council to the Piikin County Board of County Commissioners with regard to parking enforcement, Mazoon Creek Road maintenance, and construction management through the inclusion of the following conditions. 1. Prior to issuance of a building permit the City shall submit a construction management plan to the County Engineer for review. 2. Prior to issuance of a building pE ~~''f,"the City shall agree in writing to the County that the following shall be accoatpshed: A. The City shall be responsible for all pazking enforcement issues that are associated with the newly developed Iselin recreation facility as they relate to Maroon Creek Road. ~~, 1. The Ciry shall contact MCDC within 60 days from the date of issuance of the building permit in order to determine if use of the Iselin PUD/SPA/GMQS Ord. No.6, 2001 - 6 - i I g!~II'!III i!ill! i!II!! III!I ~illl'I!'I III!!II' !~II I"I 6 of 8 R 40.00 D 0.00 N 0.00 PITKIN COINI7Y CO ~~' Tieback parking lot is feasible for nighttime use or if other alternatives must be explored. B. The City shall either reach an agreement with the County for the cost of maintaining Maroon Creek Road (between the roundabout and the southernmost boundary of the Iselin Pazk property) or annexing (between the roundabout and the southernmost boundary of the Iselin Park property) Maroon Creek Road based upon the following: k3 1. The County shall sup~plyp~ii engineering study confirming the integrity of the road':This study shall be conducted at a mutually agreed upon time between the City and the County engineering departrnents but in no case shall be later than August 15; 2001. Based upon the results of the study, the City and County shall further negotiate the annexation of the road or maintenance of the road. The County agrees to the resurfacing of Maroon Creek Road from Iselin to the Maroon Bells between June I and June 30, 2001. The City agrees to pay up to one third of the cost of resurfacing Maroon Creek Road between the roundabout and Iselin once a mutually acceptable schedule is determined. rte. 2. The City shall not be responsible for maintaining or annexing Maroon Creek Road (between the roundabout and the southernmost boundary of the Iselin Pazk property) until such time buildings number 4, 5, 7, and 8 in the Aspen Highlands Village have CO's. This allows tliej~ity to realize new revenues that will allow for the assumption tff`added services. Section 4• ~ ~ ~ `~~~~" All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, in public heating or documentation presented before the Housing Authority Board, Growth Management Commission, or City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein; unless amended by an authorized entity. Section 5• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: ,R*"'\ If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion Iselia PUD/SPA/GMQS Ord No.6, 2001 _ 7 .', ~~--'I~I "~II "III' I'll' III'I I'lll ~~"I III "III I!'I I~'I yr ~,~~.y]yy :.. _- _ ----- --_ ____----._._.--. _-_ _--- _ • ~ ~.t~+~ ~' shall be deemed a separate, distinct an~1,itldependent;provision and shall not affect the - validity of the remaining portions thereof '~; . ,+ INTRODUCED, READ AND ORDERED PUBLISI~D as provided by law, by the City Council of the City of Aspen on this 1203 day of February, 2001. ~~~ ,;. ~,~ ~ ,~, ~_,; g E ', .y, ~ FIN Attest: `adopted, passed and approved this 2703 day of February, 2001. .,;fit . r ~~ , " . o~hh,;~'ity Clerk 'M. ctrl d A At ~`,~. Jo`Gii orces er, City Attorney 488438 07/32/2002 02:04P ORDiNiNlC DiiVIS SiLVI 8 of 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY CO ~ii$' `; , ( ~ a,{fN' _ C:homejoyce:IseliaCCOrd2nd Iselin PUDLSPA/GMQS Ord. No.6, 2001 - 8 - i :rt"i PUD AGREEMENT BY THE CITY OF ASPEN FOR ISELIN PARK This PUD AGREEMENT is hereby entered into by the City of Aspen for the Iselin Park development as approved by the City Council by Ordinance No. 6, Series of 2001. The City of Aspen hereby agrees to abide by all the terms and conditions of approval as set forth in Ordinance No. 6, Series of 2001, approving the consolidated Conceptual and Final Planned Unit Development and Specially Planned Atea for Iselin Park. In that the. City.of Aspen is the owner of the subject properly, it hereby agrees to comply with Section 26.445.0'10(C) of the Aspen Municipal- Code; specifically, the requirements for financial guarantees for landscape and public facility improvements required by Ordinance No. 6, Series of 2001. IN WITNESS WHEREOF, the City of Aspen, by its Mayor, hereto agrees to the foregoing. ~ ::"~° i ~]J' 'I~ , The City' pif,A°~peit, Colorado, a municipal corporation -v <,~' Approved as to Form: John P. orcester City Attorney 1PW-07/062001-G:\john\word\agr\Lselin-PUD-Agr.doc . ?, s'.•4`~: ~. ' .~ <j~, _ I I'flll VIII I'lll' I'll' III'I ~I~"II"I III "I'I II'I I"I .456435 07/12/2001 02:03P PUD RGRE DRVIS SILYI 3 of I R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO PUBLIC INGRESS, EGRESS EASEMENT (City as Grantee) This PUBLIC INGRESS, EGRESS EASEMENT is made and entered into this jZz'!~ day of aucrf 2001, by and betweet},~TLlo~nas, A,: Moore (hereinafter referred to as "Grantor") and the City of Aspen, Color~c~,, a home rule municipality (hereinafter referred to as "Grantee"). ,.Yg ,'c ~ ',, WITNESSETH WHEREAS, Grantor desires to grant to Grantee a certain easement for the purposes and uses set forth below, over and across real property located in the County of Pitlciu, State of Cotorado, more particularly described in Exhibit A, attached hereto and made a part hereof by this reference, (hereinafrer referred to as the "Easement"); and WHEREAS, Grantee desires to accept said Easement upon the terms and conditions set forth below; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns; for the benefit of the general public, an ingress, egress easement over and across the area described in the easement depicted in Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms a~bn~ lions set forth below. i, rt ~~~. Y~~^:V... ~.;. ~,^; 1. erm. The easement shall remain in effect in perpetuity from the date hereof, unless sooner terminated as provided herein.. 2. Purposes and Uses. The easement shall be for public ingress and egress to the Iselin and rotary Pazlt property as depicted and described in the location and manner set forth in Exhibit "A" hereto. To this end the grant and conveyance includes the rights and privileges necessary or incident to the reasonable and proper use as described above of the easement in and to, upon, over, under and across the Grantor's property. 3. No Easement for Access, .Nothing herein shall be construed to grant an easemem across other property of the undersigned in order for individuals to gain access to the trail easement. The City shall provide and maintain reasonable access and trailhead points in order to minimi~r opportunities for entering or leaving the easement. 4. Indemnification. It is the intention of the parties to make the land for which ingress and egress is sought available to the public for recreational purposes without charge, 1111111 IIIII 1111111111111111111111 I(II I 11111111 IIIIau1,rr„„ 456438 87/12/2001 02:07P ERSENENT DRVLS SL4~($+ q •. ,; 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN CDUNTY~{~Oh -._- - ----~_.__... ------ ----__ - -- ~-k....._... - <:. ;;; ,, .~ , and to limit the parties' liability to,persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent permitted by law, to indemnify and hold Grantor harmless from and against claims or awards for loss, damage or any liability including reasonable attorney's fees and costs, which may result from Grantee's acts or omissions covering and including, but not by way of ,limitation, installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of .the trail or attendant facilities, as subsequenlly determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, el seg., C.R.S. 5. Easement subject to Prior Agreements. The rights. and privileges granted by this easement are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that it has no knowledge of any recorded or unrewrded agreements, easements or conveyances with respect to such property that would preclude Grantee from using the property for a trail as contemplated herein. 6. Reasonable Caze. Gramee agiees`to use reasonable care in construction of improvements within the area of the easement, and agrees to avoid damage to the surrounding land and improvements thereto; and' further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements or repairs to the trail. II"II!"III"III'I'll'IIII~I"'II~IIII III"II'II'II"I 45643$ 07/12/2001 02:07P EiiSENENT DRVIB SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO ;. r, P'.. f~ ;„tlt ~; ;,:, ~." , IN WITNESS WHEREOF, the parties have executed the foregoing on the day and yeaz above first given. GRANTOR: GRANTEE: Title:i?Z+~ ~~ Title: ~' ~ /~(s,,.,o., .;,:. STATE OF COLORADO ) ~i,.; SS. COUNTY OF PITKIN ) Subscribed and sworn to before me by`'(~j ~, Q, ~.efx~ .~ ~''phCYl. ~ Q:tl'~~his T7+t~. day of Tu.IU ,2001. Witness my han and official seal. My commission expires: ~ ls~ ~~ ~ CHERrL Kt)EHPtE ~p;',•., 1PR'd'7/10/'2001-0:\john\wocdlagrlMOOro-access-eue.doc ,~. I I"III VIII II~III I'lll' III'I "'ll II~II III'~II' ~~"I 456430 07/12/2001 02:07P EtaSENENT DRViS SILYI 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY t.0 13O 5 • ~-~t.~PJza , I'7~~ex, C~J ~vivbew w/ac/oo io~arooz IT80-SDL (oba) 62918 OOR10700 '97rONO0aY0 'l,lflpyd NNia 301 M3N -. 6r 3IIl1S '738aS6 NIWI 209 3HL a0! N;11S30 0350d0ad I B,f1ltld'alBN00 'IIAiO 3N1 aid Say 'N03a3N - `JNI2133IdI`JN'.T SI2IdOS NMONS 'S1N3Y13AOadWI 3HL '; 310N a I. 00 A1Mf100 NI7iLid 00'0-N 00'00 00'GZ Y 5 !o y ',' IAlIS SIAtlO 1N~i35lf3 dL0~Z0 T00Z/ZT/L0 BEY084 `_ uiimiiiiniiiiuiiiimiiiiiiiiiiiiiuiiiiiiii~uiii _, M,8£,SS.LO ,00'ZB 4yl ,l£.8S S.LSS ,ZSL ,Z9'l9 ,00'Oll ,4£ U 4y0 ,L£,LOdBS SB'44 £yl £ 3,Zf, 4. S ,BS'90 ,80'S4 'SS ,4L L Cy0 ,6£,l .SS ,£B'f£l Zyl ,£ ,S S ,6Z" 0, ,L 6 ,00'SS 8 Zy0 M,l£, ,SB'OS Lyl £.Ol M, OgJ~I:` ;,LS'e ,90 ,00 6Ll ly0 ONIay38 NLON3'1 3Nfl •y1130.. ONIay38.. Oa0N0 1N30Nyl Snldya HLON31 3Aan0 310y1 3NIl I 318y1 3Aan0 ,Ll'4400 ~ 'A V NayrvHON38 103f0ad (Oa003a 11 Nn ,S 8106E 'S'l) 3lBl I 'dy0 ~P ay83a N Hryd ,crrloa ONY N1735/ ~` - Y1'~ =xJ l: y ~ l{ l FY7 r `°3 ~ v O I l I 1 Y3 SS3M73 5 lANI D/79Rd 1N3IY3SY3 ! • `` I ~` ~` I 6 I ~\ ~\ ~~ in~n3srd ~ j a3a) NYiuLS3aad u~~~ 3~orv I I •lra hw aLU m uaa se a6xra xu :dryf ~~ A S •eraasr ao xvo ~Iwoa r xi aa,TVn,TS aNVI ao 'ICwra v OI7HIld oxcindeso is ] d'. '.l '.0.92 £' i1t01;1 ~. ~• "I fF. !i IIOilIS SIAtl0I1N3Y3Stl3 dL0•Z0 S00Z/Z~LO BIfbYGb II'I IIII III'f III I"II II~II I'lII I~~'I'lll'I III" lll"I I . ' "SS3l a0~3a0W '1334 3aVn05 ~M1~60'SZ ONINIY1N00 1N3W35tl3 OIYS LONINNYJ38 .d0 1NIOd-3H1 Ol 1333 QO'ZB AYM-j0-1HOla Ala3LS3M OIYS ONOIW M.B£,SS.LO S 30N3HL ~OYOa N33a0 NOOaVW 30 3Nf1 AYAA~~ d0-1H0(a Ala31S3A~ 3HL NO 1NIOd Y Ol 133d S9'ri 3 ,LF,L0.L8 S 30N3HL. •(1334 ZS'LOl 3 ,LO,ZS.LS S Oa0H0) ,~ L£.BS 30 3'10NV ltlaLN30 Y ONY 1333 00'Oll d0 SnIOYa Y NNVH 1.13'13H1.01 3AaLYJ 3Sa3A3a tl d0 OaY 3H1 ONOItl 1~3d. b£'Zll 30N3HL I(133d 85'98 3 ,Z£,64.44 S 0 HO) ,Z0,9Z.2£d0 3lONY ltla1N30 Y ONY 1333 00'S5l d0 SOOYa Y O•NYH 1NOIa 3H1 O1 34an0 ONnOdW00 Y ONOIY 1334 4L'LA' 30N3HL '(133 6L'lOl' 3 ,S£,4S.lS N Oa0H0) , 4,50.4£l d0 3lONY ltla1N30 tl ONY 133d 00'SS do snlava v s~LnYH 1HOla 3H1 Ol 31an0 1N30NY1-NON 6 d0 OaY3H1 ONOI 133d ZL'HZl AaYONnOB OIYS ONIAY31 30N3HL I 1334 f9'££L M ,6£,Lb.SS N 'f ' (133d L5'6ZL M ,e£, 12.09 N Oa0ft0) „b l,Z£Al 30 3lONY ltla1N30 Y ONY 1334 100'OOL 30 SnIOYa Y ONIAYH 1HOla 3HL O1 34a(10 1N39NY1-NON Y ONOIY 1334 9L'6Zl Z 1334 S9'OS M „lf,LS.BB N 'l 'ALaJdOad OIYS d0 AaVONnOB 3H1 ONOIY 53SaL100 (£) 33aHL 0 N10llOd 3Hl 30N3HL L$Z598£ 'ON NOLLd303a Stl 03 03a A1a3d0ad OIYS d0 a3Na00 1Stl3 HLf10S 3H1 ONI38 0 1NIOd OIYS 'ONINN1038 d0 1NIOd 3H! 'SB'94Z M .bZ,lO.IZ N ON3HL •SNINdOWON3 153M ONY SNINdOH/H19 d0 SNO 03Sa31N1133aLS 3N1 1Y SLN3WnNOW l0aLN00 Sd0 - N$dSY d0 ALIO 866L 3H1 N33ML38 3 „Z0,4 L4L S d0 ONIaY3B tl pp1 3ALLYl3a ONI38 NI3a3H 03NIY1N00 SONINY38 l'IY H1W1 'Ll NOi1035 OIYS d0 a3Na00 XS 3HL 1V ONION3WW00 I ~SMOT10! SY 03BItYJ530 AlaYlnOLLatld 3a0W SI ONY NYIgIa3W ltldlONlad H1L105 3HL d0 153M S8 3ONYa 'HLnOS Ol dIIILSNM01 'Ll NOLL035 d0 NOLLaOd Y NI 03LYLllIS ON13B OS'IY 1N3W3SY3 OIYS 'SOa003a A1Nn00 NIRLId 3HL d0 BZSBB£ ' NOILd303a SY 030a003a Ala3d0ad lYH1 d0 NOLLaOd Y NO 31Yn115 1N3W35Y3 SS3aO3 'S53a0N1 OllBnd Y i j'~ ~~ 'f' A 'll'd A79 ail aT0 JSd! 99 80NWi $LO08 OT 8 d0 d0 E.LIO NI 08iY8,08 QNPI d0 '~a1d Y ~d71f SI~iR~ ZNa'DIuT6YZ 6681I0Y 'S68NONI OITHfId ia3:i5'- PEDESTRIAN TR~i,EASEMENT (City ~,~) t,, This TRAIL EASEMENT is made and entered into this 12~t day of .k~ w _ 2001, by and between Thomas A. Moore (hereinafter referred to as "Grantor") and the City of Aspen, Colorado, a home rule municipality (hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, Grantor desires to grant to Grantee a certain easement for the purposes and uses set forth below, over and across real properly located in the Cotmty of Pitkin, State of Colorado, more particularly described in Eadtibit A, attached hereto and made a part hereof by this reference, (hereinafter referred to as the "Easement"); and WHEREAS, Grantee desires to accept said Easement upon the terms and conditions set forth below; ~;~; NOW, THEREFORE, for and m.. ~nsideration of the sum of Ten Dollars ($10.00) and other good and valuable cottsideratiohe receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants ai~~ conveys to Grantee, its successors and assigns, for the benefit of We general public; a trail easement over and across the azea described in the easement depicted in Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms and conditions set forth below. 1. Term. The easement shall remain in effect is perpetuity from the date. hereof, unless sooner terminated as provided herein. 2. 1?mgoses and Uses. The easement shall be for the installation, construction, operation, use, inspection, repair and maintenance of a trail suitable for bicyclists, pedestrians, cross country skiers, snowshcers, and for other similaz recreational purposes, over and across Grantor's property in the location and manner set forth in Exhibit "A" hereto. To this end the grant and conveyance includes the rights and privileges necessary or incident to the reasonable and proper use as described above of the easement in and to, upon, over, under and across the Grantor's property. 3. No Easement for Access. Nothing,,.-herein shall be construed to grant an easement across other property of the understgned 'order for individuals to gain access to the trail easement. The City shall provide ands ~ ';easonable access and trailhead points in order to minim;~e opportunities for'entering o~;i ' mg the easement. I~IIII f'lll'~III~ I~II~I III'I'I'll'I~'I III "III II'I IIII 456437 07/32/2003 02:05P ERSEMENT DRYIS SIIVI 1 of 5 R 25.00 D 0.00 N 0.08 PITKIN C TY CO 4. Indemnification. It is the intention of the parties to make the land available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent permitted by law, to indemnify and hold Grantor harmless from and against claims or awards for loss, damage or any liability includip~. ~r'e~uonable attorney's fees and costs, which may result from Grantee's acts or omisstons covErmg and. including, but not by way of limitation, installation, excavation, fill, constrnctiiii;~-; maintenance, repair, replacement, public use or location of the trail or attendant facilities, 'a5 subsequently determined by a court of competem jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, eta., C.R.5. 5. Easement subiect to Prior Agreements. The rights and privileges granted by this easement are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that it has no knowledge of any recorded or unrecorded agreements, .easements or conveyances with respect to such property which would preclude Grantee from using the property for a trail as contemplated herein. 6. Reasonable Care. Grantee agrees to use reasonable care in construction of improvements within the azea of the easement, and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements or repairs to the trail. I~~~~~ ~~~~~ ~~~~~~ ~~~I~~ ~I~'~ ~~~~~'~~II ~~~ ~~~~~ II~~ ~~~~ 456437 07/12/2001 02:05P EASEMENT DRVIS SILyI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO ,; sir ;~~ . IN WITNESS WHEREOF, the parties have executed the foregoing. on the day and year above first given. GRANTOR: sy--jst..~- ..0 4 ~..~ Title: ~CZ.~s-~ ~ STATE OF COLORADO COUNTY OF PTTKIN GRANTEE: Br ~G wCt/ ~ ,~ le: c ray /~( ~ ~ Tc_ SS. Subscribed and sworn to before me by-t"~nmas Q~neCf ri~ttl~1PN N• ~i~" - th~S 12~ day of ~~ I v , 2001. Witness my hand and official seal. My commission expires: CHERYL KOEHNE ~'~ .. r + `;1~ JPW-07/!02001-G: 'o6nlwocdle oo~a ,~ ~ l" P U 8~M pedeeu.doc ~ -.: I Illlll lllli llllil Illlll Illll lilli lull III lull llll I'll 458437 07/12/2001 02:05P ERSEMENT DRVIS SILVI 3 of S R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO . _ .-____..__._. _.__.____._.._._..__._ _._____.J ~ CD .. _...._ Ng r,. ,y C Y` PEDEB'1'RIANh,EASEMENT EIQi®TT MAP: MOORE PROPERTY A PlRCBL OF LAND 80'UA7® IN A PORTION OF SECSIONS 11 AND 14, TOWNffiDP SO 90UTB, RANGE B5 WEST OF TES CITY OF ASPEN, COUNTY'. OF PCTRIN, STATE OF COLORADO { SHEET 1 OF 2 - I PEDESTRIAN EASEMENT M SEC P,~BS 871' g .y N /SELIN AND ~ ' ROTARY PARK 25' URUTY EASEMENT sta. I II'lll VIII "III' I'll'1 III'I'~'ll'I"I III'IIII'~'I I"I 450437 07/12/2001 02.05P Ei15El£NT DRVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO NOTE U77L/TY EASEMENT PUBLIC EGRESS P.Y. ~ _ V. e 8044.77' UNE TABLE .TA UNELENGTH BEARING "1 LP1 50.85 '3 •Wr ~' 9" IP2 763.37 N '41' LP3 328.24' 1'39"W _,_.. THE IMPROVEMENTS, SHOWN SOPRIS ENGINEERING - LLC HEREON, ARE PER THE PROPOSED DESIGN FOR THE CIVR, CONBULTANT9 NEW ICE RINK FACILITY. 502 YADV 9TRE67, 9Ui7'A' A3 CARBONDALE, COIAItAD0 81823 (970) 706-0911 20059.01 06/X/01 059PLATDW0 PEDE677iLtN SABEI~NT. EXEDBIT 1IAP; MOORE PROPERTY A PARCH. OP LINO SD'DA'1'ED H A PO3i770N OF SECPlON9 II AND 14, 1'OtNBfBP ~10 90UTf{, R1NG8 06 ^ES1' OF T~ 8th PY. CITY OP ASPEN, COUNTY 08 PT3RD7, SfdTE OF COLBILtDO 9f1EE1' 2 OF 2 ~Y.~ PEDESTRIAN EA~~MENT D ~ pIPTIOfj'3 f~~ {'i A PEDESTRIAN EASEMENT SITUATED 'ON APORTION OF THAT PROPERTY RECORDED AS RECEPTION NO. 388528 OF THE PIMIN COUNTY RECORDS. SAID EASEMENT ALSO BEING SITUATED IN A PORTION OF SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SOUTH PRINCIPAL, MERIDIAN AND IS MORE PAR9CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SX CORNER OF SAID SECTION ii, WITH ALL BEARINGS CONTAINED 11EftdN BdNG RdATIVE TO q BEARING OF S 7474'02" E BETWEEN THE 1998 CITY OF ASPEN - GPS CONTROL MONUMENTS AT THE STREET INTERSECTIONS OF 6TH/HOPKINS AND WEST END/HOPKINS; THENCEN 2191'24' W 246.95, TO THE SOUTH EAST CORNER OF SAID PROPERTY RECORDED AS RECEPTION N0: 388528; .THENCE THE FOLLOWING FOUR (4) COURSES ALONC THE BOUNDARY OF SAID PROPERTY. 1. N 88'5731' W 50.85 FEET 2. 129.76 FEET ALONG ANON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET AND A CENTRAL ANGLE OF 70'3714" (CHORD N 80'21'38' W 129.57 FEET) 3. N 55'41'39' W 163.37 FEET, THE POINT OF BEGINNING 4. N. 55'41'39' W 326.24 FEET THENCE LEANNG SAID BOUNDARY 88.02 FEET ALONG THE ARC aF A NON TANGENT CURVE TO THE RICHT HAVNG A RADIUS OF 68.57 FEET AND A CENTRAL ANGLE OF 74'22'39' (CHORD 8 76'06'38' E 82.90 FEET); THENCE 104.45 FEET ALONG THE ARC OF A REVERSE CURVE TO THE. LEf,T HAVNG A RADIUS OF 195.00 FEET AND A.CENTRAL pryGLE'0 30'41'24' (CHORD S 5476'01' E 103.21 FEET); : THENCE~iS2~~3 FEET ALONG THE ARC # A REVERSE CURVE TO 7}yF~HT HAVING A RADIUS OF 180.26 FEET AND A CFNTRAL~j{J4Gt.E, 4822'&1" (CHORD S 4525'17 E 147.75 FEET)y TO.iTHE ~P~INT OF BEGINNING, SAID EASEMENTCONTAINING; 7,771':5WARE FEET, Mg2E OR LESS. 1111111 IIII 111111 111111 IIIII Ilill IINI III IIIII IIN IIII 450937 07/12/2001 02:BSP ENSEHENT DRYIIi SILVI 5 of 5 R 29_00 D 0,00 N 0.00 PITKIN COUNTY CO ~: .. ~.u. N G SOPRIS ENGINEERING;" LLC . CI71I, CONSf~SLT " . 802 1GIN 8TR610.`"$S'19 ' CARBONDALE, CO30 81623 (870} 704-0313 sot>s~ % ~ further agrees to restore at its sole;, cost the former condition of usefulness and appeazance of the Easements ' p~ty which may be disturbed or interfered with by the construction, ma' re;' opsleration or repair of the pipeline and its ;' ,y. attendant facilities. ~ . "" Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises. except during such times as Grantee's employees or agents aze physically present and conducting activities permitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be subordinate to the Grantor's use of the Property and should any relocation or removal of the pipeline or its attendant facilities be necessitated in Grantor's discretion at any time in the future as a result of Grantor's use of the Property, then such removal or relocation shall be solely at Grantee's expense and shall be done as nearly as practicable in accordance with Grantor's request. In such event, Grantor will provide additional easements over and/or under the Property to Grantee where practicable. 5. This Easement is not intended and shall not be construed to grant an easement or access across, over or anti orty or premises other than the Easement Premises as described and ~3 hey in. ^i fv"=~! 6. This Easement shall continue only so long as Grantee shall use the Easement Premises for the purposes described and it shall immediately lapse and terminate upon cessation or alteration of such use. Additionally, .the rights granted hereunder to Gtxntee shall lapse should the pipeline not be constructed and installed within 36 months from the date of this agreement. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 8. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assign. 9. Any right to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantor, its. successors or assigns. 111111 IIIII 111111111111 IIIII IIIII IIIII II[ ~~ ~uli Ilf 46639 07/12/2001 02:09P EASEI'ENT D,t,S SILVI' 2 of 6 R 26.00 D 0.00 N 0.00 PITK;~ CO TY CO :~ ~~~.~, ,; t ,. ~-. IN WITNESS WHEREOF, the Gran'fhz;'~s'affixed its duly authorized signature this daY of ~ , 2001. GRANTOR: Title:. C .~ST~E• State of Colorado ) ss. County of Pitkin The foregoing instrument was 2ck !G~.~~~ , 2001; by GRANTEE: Title: C ~j ~~,,,,~ z before me this My commission expires: day of Notary Pdblic i ~n g. ~~h,~o Address rrw-o7nonooi-o:~pnm~mw~w~nwm-~~.ao~ IIIIIIIIIIII111111111111IIIIIIIIII11111NI1111~IIII~ 'L 456439 07/12/2001 02.09P Ei15EMENT ppV,I9 S 1,~' 3 of S R 23.00 D 0.00 N 0.00 PITKIN COUN~~, I7TII.ITY EASEMENT (qty as Grantee) EASEMENT is made ~ entered into this J~~'~` THIS GRANT OF A IJTII-ITX 2001, Y between Thomas A• Monte (here rma~n ~ of Aspen, Colorado, a municipal corpo day of "Grano r"), ~ the City. referred to ~ "Grantee")• r~~' tL~ ~~ (hereinafter referred to as ~yo ~ ~ , r. F ~ ~r : `~ WITaL*1'ES,SETH: t of certain teal property (~ "pt°pern'") situated ~ described in Exhibit "A" appended ~EREAS, Grantor is the owne the City of Aspen, Pitkin Cou~'+ Colorado, as more tally hereto and by this reference incorporated herein. And> er a portion of the PropeTtY for AREAS, Grantee desires to obtain an easement and se of installing and maintaining water, gas, and telephone lines together with the right the purpo of Ten of access to the same. ent of the sum consideration of the pea ~owledged by Cn'antor, NGW T~gEFpgE, for and in es of any kind, 10.00), the receipt and adecQiacY of which is hereby of warranti Dollars ($ to Grantee without covenants ~ herein specifically ant and convey and the nigh Grantor does hereby gr ~ conditions hereinafter set fe ~ easement to construct, install, and subject to the terms Gratit°Y ~ right, pxivileg similar accessories along retained and reserved Y utility lines, PiPeS~ scribed and depicted on ° rate, repair, remove and ~1. n the Property Grantor does maintain, Pe ement premises ~~ ~ reference. Further, and across the Eas rated herein by t across and along ~ Easement Exhibit "A" attached hereto ~ss said Property over, uncle , ~ rights, privileges and grant to Grantee the right to acre ose of exercising Premises as may reasonably be required for the pnrP easement herein granted • following terms, ~ The foregoing grant of easement and access shall be subject to the conditions: m Exhibit "A". 1. The Easement Premises shall not exceed the area described constructed, installed, all associated facilities shall be and in such a 2, Grantee's utilities and a safe and workmanlike manner or trees, ~~~ ~ operated in tor's manner as to avoid damage to or destruction o ~y ~~ge mpe~ ~n ve etation on the property • ee s shrubs and other g shrubs or other vegetation caused by Grant property or to the surface, mss' or removal the pipeline of attendant facihues, installation, maintenance, repo Grantee to the satisfaction of Grantor. Grantee shall be repaired or replaced Y 111111111111 IIINt 11NN IIIII IIIN 11111 III, I Il I~I lill 439 07/12/200 N 0.00 PITKI~- -- _--' 4Si r e a 2'5.00 D 0 • ~/ __,-~ - - - .. s~ her T17TLITY EASEI~tiT EXHIBTC AIAP: ' MOORE PROPERTY 1 PARC61, OF IJRD STIDATED DI A PORTION OP 9ECROR3 13 AND 14, TO1fI13d@ 15 9OtTTR, RANGE BS CITY OF ASPEN, COUNTY OF PFTKIN, BTATE OF COLORADO S13$E'I' 1 OA 2 PEOES7RlAN EASEMENT ROPER'n P 8528) M~ED 38 ,, `` `` t ~` (/ \ ~„ LU7: J6 ~~ v ~ ~~. O Y O "f ( h J P Nr /SEUN AND ROTARY PARK ?5' UAUTY ~ EASEMENT OF TIR IBth i .IL III I a ~ ' ~~$ i =y~ ~ ~ 1._ ~~~ ~fY ~~6 ~ m ~ m ~mz °® -.. Imo I ~ -~~ ~~R mom ~~ n ~ `o ~~ 18 .-°_. J19 " T1O N, R 85 WOF Bth ,~P.M. FOUND REBAR k CAP, ILLEGIBLE (LS. /9018 5' U1/ T ~ RECORD) PROJECT ' ,MENTj BENCHMARK E V. - 8044.11' ~~t.: 5:~~~ _, ` ' CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA CU1 52.02' 7 5 :01' N83'S2'3O"W 047 '2 " NOTE: ~ LU19 28.08' 549'3647"E THE IMPROVEMENTS, SHOWN SOPRIS. ENGINEERING - LLC LU2O 19.73 SO1'55'38"W HEREON, ARE PER THE C19IL CONSULTANTS PROPOSED DESIGN FOR THE 502 PAIN STREET, SUITE A3 NEW ICE RINK FACILITY. CARBONDALE, COIARADO 81823 ' (D7O) 704-0311 zoose.m oen,N, owpurrnv ,. ~: .. ,>~SnT {I„ 1nu,1TY s:e'~N'r ~nsr1' ASAP: MOORS PROPERTY A PARCCBI.. OF LAND 9TUAT®W A POATTON OF i$CfI0N9 11 AND L4, TO11N9HIP SO 90UTB, 9ANG& 85 1f&ST OF TNC efh P.Y CITY 4P ASPEN, COUNTY OF PTTSD7, 3TATS OF COLORADO SHEET 2 OF 2 t_ITILTY EASEMENT A UTILITY EASEMENT SITUATED ON A POR710N OF THAT PROPERTY RECORDED AB RECEPTION N0. 388528 OF THE PITKIN COUNTY RECORDS. SAID EASEMENT ALSO BEING SITUATED IN A PORTION OF SEC110N 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SOUTH PRINCIPAL MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SJ( CORNER OF SAID SECTION 11, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 74'14'02' E BETWEEN. THE 1998 qTY OF ASPEN - GPS CONTROL MONUMENTSAT THE STREET INTERSECTIONS OF BTH/HOPKINS AND WEST ENO/((ARkIa~$': TIfENCE N zror2a^ w 248.95, THE POINT OF BEGINN S, POINT ALSO BEING THE SOUTH EAST CORNER OF SAI~~ROP, ~TY RECORDED AS RECEPTION NO. 388528;_ _7Hi=T1ICEr THE FOLLOWING YWO (2) 1. N 88'5731' W 50.85~FEET 2. 52.02 FEET ALONG ANON-TANGENT CURVE T THE RIGHT HAVING A RADIUS OF 700.00 FEET AND A CENTRAL ANGLE OF 0475'29' (CHORD N 83'32'30" W 52.01 FEEn THENCE LEAVNG SAID BOUNDARY N 40'23'13" E 30.21 FEET; THENCE N 49'36'47" W 166.59 FEET; THENCE 5 38'35'53" W 51.46 FEET TO A POINT ON THE BOUNDARY OF SAID PROPERTY; THENCE N 55'41'39' W ALONG SAID BOUNDARY 25.07 FEET; THENCE LEAVING SAIb BOUNDARY N 38'35'53" E 54.14 FEET; THENCE'N 48'36'47" W 45.68 FEET; THENCE N 40'23'13' E 45.96 FEET; THENCE S 5028'46" E 29.33 FEET THENCE S 39'33'15" W 16.38 FEET; THENCE S 49'38'47 E 15.18 FEET; THENCE N 38'35'53" E 32.04 FEET; THENCE S 49'38'47' E 25.01 FEET; THENCE S 38'35'53' W 32.04 FEET; THENCE S 49'36'47 E 200.99 FEET; THENCE N 4023'13" E 14.94 FEET; THENCE § 49'38'47" E 20.00 FEET; THENCE . 5 4023'13" W 14.94 FEET: THENCE S 4935'47' E 26.08 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF MAROON CREIX ROAD; ,THENCE S 01'55'38' W ALONG SAID , WESTERLY RIGHT-OF-WAY 19.73 FEET TO THE POINT OF BEGINNING, SAID EASEMENT CONTAINING 13,961 SQUARE FEET, MORE OR LESS. I Illlll "III "III' Iiilll Illll lllll ilill Ill III I1"I 4SB43g 07/12/2001 02:09P ERSEFENT S LVI S of 6 R 20.00 D 0.00 N 0.00 PITK N Y~-CO ~~ Y Y •~+ ~.~ SOPRIS ENGINEERING. -. LLC '~ . C[VU. 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