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Home My WebLink AboutLand Use Case.565 Race St.0023.2007.ASLU565 RACE ST 0023.2007 ASLU 273707392001 AMEND TO SUBDIVISION ' ScÂ»eN,0 ED 1 5 - ,i~ r - .4 .... Vt -- .. City of Aspen Community Development Department CASE NUMBER 0023.2007.ASLU PARCEL ID NUMBER 2737-079-92-001 PROJECT ADDRESS 565 Race St. PLANNER Jessica Garrow CASE DESCRIPTION Insubstantial amendment to subdivision plat-Fox Crossing Subdivision Lots 1-13 REPRESENTATIVE Stan Clausen DATE OF FINAL ACTION 5/23/07 CLOSED BY Amy DeVault .. 81#91'//Jit; 4.~ 1/. I../9/giti [ile Edt Eecord Navigate FQrm Reports Format Iab 8.elp Ix, e 3 9 0 6. 24 - 14 4 ) M E *] A Jump l 2* 0 0 1 J â‚¬] 3 21 + I 1-:1 j Main Custom Fields Fees Adons Parcels Royting Status Fee Summary Routing Mistory Attachments ~ Permit Tppe ]aslu ~Aspen Land Use Permit # ~0023.2007.ASLU Address 565 RACE ST -~ Apt/Suite ~ City 'ASPEN State [26-3 Zip '81611 ~.1 Permit Information ~ i Master Permit ..........1 Routing Q ueue ~ aslu07 Applied ~64/23/2007 _] Protect ~ L| Status ~pending Approved | Description 'INSUBSTANTIAL AMENDMENT TO SUBDIVISION PLAT - FOX CROSSING Issued ~ SUBDIVISION LOTS 1-13 I Final ~ I Submitted @TAN CLAUSON 925.2323 Clock |~GREZE- Days [--6- Expires |04/19*008 J Owner Last Name FOX CROSSING PARTNERS, d First Name | 601 E HOPKINS AVE ASPEN CO 81611 Phone 1 [970] 544-0045 , P Owner Is Applicant? ; Applicant Last Name rOX CROSSING PARTNERS, _J First Name | |el E HOPKINS AVE IASPEN CO 81611 ~ Phone [970] 544-0045 Cust # 27644 Lender Last Name | j Fist Name ~ Phone ~ Enter the master permit number Asper,Gold{b) ~ Record: 3 01 19 6- 4 1 / 4(I .5 - ( /6fÂ»- 0 0- 6 SWON 10!no xoqioo 1 sdnoig gel < 4 .. NOTICE OF APPROVAL For An Insubstantial Amendment to the Fox Crossing Subdivision, An Amendment to Aspen City Council Ordinance No. 50, Series of 2005 Parcel ID No. 2737-073-92-003 APPLICANT: Fox Crossing Partners, LLC REPRESENTATIVE: Tanya Stevens, Stan Clauson Associates SUBJECT & SITE OF Insubstantial Subdivision Amendment in the Fox Crossing AMMENDMENT: Subdivision for setbacks on Lot 3 SUMMARY: Fox Crossing Partners, LLC has requested an Insubstantial Subdivision Amendment for the Fox Crossing Subdivision. The request is to vary the established setbacks on Lot 3 of the Subdivision from ten (10) feet to fifteen (15) feet on the northern setback and from twenty (20) feet to ten (10) feet on the western setback. STAFF EVALUATION: Staff supports the setback change to Lot 3. The adjacent property owners, Hunter Creek Commons, have expressed support for the setback changes, as they will minimize the impacts on their property. The setback change is consistent with the underlying zoning, and will not have an impact on any other dimensional approvals. Staff finds that the setback request is constant with the subdivision approvals and meets the Review Criteria attached as Exhibit A. DECISION: The Community Development Director finds the Insubstantial Subdivision Amendment for a change in setbacks on Lot 3 from ten (10) feet to fifteen (15) feet on the northern setback and from twenty (20) feet to ten (10) feet on the western setback to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the amendment as specified below. The approved amendment to the Fox Crossing Subdivision, allows for a change in the setbacks for Lot 3, as illustrated in the application dated April 6,2007. 1 .. APPROVED BY: c./20 le_ CELÂ· 41- 5~17)1 07- Chrd Bendon Date V Community Development Director ACCEPTED_Â¥Y: 44.4-k- 5.13.0 77 FA-â‚¬Â¥ossing Representative Date Attachments: Exhibit A - Review Criteria Exhibit B - Application 2 . 0 0 EXHIBIT A Insubstantial Subdivision Amendment Checklist 26.480.080 (A) Insubstantial Amendment An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to the plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. 3 .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Fox Crossing LLC, 601 E. Hopkins Ave, Ste 202, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lot 3 of the Fox Crossing Subdivision, parcel ID 273707392003 Legal Description and Street Address of Subject Property The applicant has received an Insubstantial Subdivision Amendment to vary the setbacks on Lot 3 of the Fox Crossing Subdivision. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, Community Development Department, Administrative Approval Insubstantial Subdivision Amendment. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 27.2007 Effective Date of Development Order (Same as date of publication of notice of approval.) May 28,2010 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 27th day of May, 2007, by the City of Aspen Community Development Director. '04Â£1 0*-20 4- Chris Mendon, ComnÂ¥Mfity Development Director .. Section 18: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 3 of the Fox Crossing Subdivision, City of Aspen, by Administrative Variances of the Aspen Community Development Director. a Public Notice 40 PUBLIC NOTICE of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan. and the creation OFa vested properly right pursuant to the Land Use Code of the City of Aspen and Title 24, Anicle 68, Colorado Revised Statutes, pertain- Ing to the follrtwing described properly: Lot 3 of the Fox Crossing Subdivision, Parcel ID 2737-073-920-03, by Insubstantial Subdivision Amendment On May 27,2007. The Applicant re- ceived approval of an Insubstantial Subdivision Amendment to vary the established setbacks on Lot 3. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. s/ City of Aspen Publish in the Aspen Times Weekly on May 27, 2007.(353236) 39 Public Notice s / 7,; 5...i: ..1 & PUBLIC NOTICE NOTICE OF PUBLIC TRUSTEE'S SALE , Public Trustee No. 07-05 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: Original Grantor of Deed of Trust: JEANNETTE JONES AND JAMES L. JONES Original Beneficiary of Deed of Trust: OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION Current Owner of the Evidence of Debt secured by the Deed of Trust: Wells Fargo Bank, National Association as Trustee for SABR 2004-OP1 Mortgage Pass-Through Cer- tificates. Series 2004-C)Pl Date of Deed ot Trust: 12/16/2003 .. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public o f the approval o f a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 3 of the Fox Crossing Subdivision, Parcel ID 2737- 073-920-03, by Insubstantial Subdivision Amendment on May 27,2007. The Applicant received approval of an Insubstantial Subdivision Amendment to vary the established setbacks on Lot 3. For further information contact Jessica Garrow, at the City o f Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. s/ City of Aspen Publish in The Aspen Times on May 27,2007 11411 /B**6* CorN 1111111 lilli lilli lilli llill [Il- lilli 111 lilli 11.1111 ~age 1 of 15 1 06/20/2005 09:249 .TI:Il.tn. Cla- 1 , 73â€že / 6 fi 1 SILVIA DAV IS PITKIN COU T, CO R 76.00 D 0.00 SUBDIVISION AGREEMENT FOR FOX CROSSING SUBDIVISION THIS SUBDIVISION AGREEMENT is made and entered into this ~6~'day of June, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as the "City") and WALNUT PROPERTY, LLC, a Colorado limited liability company and its successors and assigns (hereinafter referred to as "Walnut") WITNESSETH: WHEREAS, Walnut has submitted to the Citya request for Subdivision approval, including Lot Spilt approvals, Lot Line Adjustment approvals, Growth Management Quota System (GMQS) Exemptions, and amendments to the Cityof Aspen Land Use Code (collectively, the "Application") for a fourteen (14) lot subdivision, with one (1) lot proposed as a park and thirteen (13) lots proposed for development, situated within the City of Aspen, Colorado to be consolidated, platted and known as the Fox Crossing Subdivision (the "Property"), which Application requested the approval, execution and recordation of a Final Subdivision and Vacation Plat of the Property (the "Final Plat'); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 50 (Series of 2004) , and the effects of the proposed development and improvements of said Property on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval of the Application, and its execution and recordation of the Final Plat, such matters being necessary to promote, protect, and enhance the public health, sakty, and general welfare; and WHEREAS, Walnut is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Application, and the Final Plat; and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure: (i) that the required public facilities are installed; and (ii) that the required landscaping is implemented and maintained, and Walnut is prepared to provide such guarantees that hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, the City and Walnut have executed and recorded the Final Plat in Plat Book 9-4 at Page j~-U,Reception No. 511 4/b in the office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Subdivision Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 111 lill i l lili mill 11 lili 511411 / Page: 2 of 15 06/20/2005 09:24A .SILVIA DAL IS FITKIN :_OL..TY CO R 76.00 D 0.00 ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Purpose. The purpose of this Subdivision Agreement is to, along with the Final Plat, set forth the complete and comprehensive understanding and agreement of the parties with the respect to the development of the Fox Crossing Subdivision and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It is the intent ofthe parties that this Subdivision Agreement and the Final Plat shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and otherland use approvals and related plats, maps, declarations, and other documents and agreements encumbering the Property, including and without limitation those matters identified in Article V below (collectively, the "Prior Approvals and Instruments"). ARTICLE 11 ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinances. Pursuant to Ordinance No. 48 (Series of 2004) and Ordinance No. 50 (Series of 2004), the Aspen City Council granted Subdivision approvals, Lot Split approvals, Lot Line Adjustment approvals, three (3) Growth Management Quota System (GMQS) exemptions, and amendments to the Cityof Aspen Land Use Code, providing for vacation of a portion of Race Street, and development of a fourteen (14) lot subdivision to be known as Fox Crossing Subdivision on the Property (collectively, the "Project"). This Subdivision Agreement and the Final Plat incorporate all of the pertinent provisions of Ordinance No. 48 (Series of 2004) and Ordinance No. 50 (Series of 2004). In the event of any inconsistencies between the provisions of Ordinance No. 48 (Series of 2004) and Ordinance No. 50 (Series of 2004) and the provisions of this Subdivision Agreement and the Final Plat, the provisions of this Subdivision Agreement and the Final Plat shall control. 2.2 Dimensional Requirements. Ordinance No. 50 (Series of 2004) established and approved Lots 1,2,3,4,5,6,7,8,9,10,11, 12, 13, and the pak parcel (referred to as "Fox Crossing Meadow"). The Final Plat designates the former "Griffith" Lots 1,2, and 3 as "Fox Crossing" Lots 11, 12, and 13, tespectively. The allowable Floor Area for each Lot shall be pursuant to the City of Aspen R-6 Zone District regulations, as amended from time to time, the size of each Lot, bonus Floor Area granted by the Historic Preservation Commission, and the proposed use, all as provided for on the Final Plat. The approved sizes of each of the Lots are summarized below: Lot Lot Size (s.f.) 1 9,347.37 2 7,500.00 3 6,514.59 4 6,010.76 5 6,015.68 6 6,068.38 7 6,007.68 8 6,894.48 9 7,500.09 2 - \ Ium mt 11\\11 \\\\11\\\11\\1 Eu\ \\I n\11 \% \11\ p a cf 15 . 511411 06~005 09: 240 SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 10 11,676.12 Fox Crossing Meadow 9,044.22 11 9,849.50 12 7,510.80 13 14,182.78 TOTAL 114,122.44 s.f. 2.3 Fox Crossing Meadow. The Fox Crossing Meadow shall have no development rights other than for open space/park uses. 2.4 Designation of Historic Landmark Properties. Fox Crossing Lots 5,6, and the Fox Crossing Meadow are designated Historic Landmark Properties and are subject to development review regulations of Section 26.415 of the City of Aspen Land Use Code 2.5 Historic TDR Floor Area Bonuses. Fox Crossing Lot 6 and the Fox Crossing Meadow are sending sites with respect to the transfer of Historic TDR's. A total of 470 square feet of allowable Floor Area shall be transferred from Lot 5 (which TDR's shall be represented by a Lot 5 TDR No. 1, and a Lot 5 TDR No. 2 (one of which shall provide for a transfer of less than 250 square feet of Floor Area) and a total of 1,280 square feet of allowable Floor Area shall be transferred from the Fox Crossing Meadow (which TDR's shall be represented by a Fox Crossing Meadow TDR No. 1, a Fox Crossing Meadow TDR No. 2, a Fox Crossing Meadow TDR No. 3, a Fox Crossing Meadow TDR No. 4, a Fox Crossing Meadow TDR No. 5 (one of which shall provide for a transfer of less than 250 square feet of Floor Area)). Taken together, Fox Crossing Lot 5 and the Fox Crossing Meadow shall represent 1,750 square feet of transferred Floor Area. A total of 1,000 square feet of allowable Floor Area are being transferred from Lot 6 (which TDR's shall be represented by a Lot 6 TDR No. 1, a Lot 6 TDR No. 2, a Lot 6 TDR No. 3, and a Lot 6 TDR No. 4). All together, a total of 2,750 square feet of Floor Area shall be transferred from Lot 5, Lot 6, and the Fox Crossing Meadow. Any City issuance of such TDR's shall be accompanied by recorded deed restriction which evidences a reduction in the allowable Floor Area of the sending site. Fox Crossing Lots 3,4,7, and 8 mayreceive a total of one (1) TDR (with each such TDR bonus in the amount of 250 square feet of allowable Floor Area) for each residential unit on each such Lot. Fox Crossing Lots 1,2, 9, 10, 11, 12 and 13 may receive up to a total of two (2) TDR's (with each such TDR bonus in the amount of 250 square feet of allowable Floor Area) for each residential unit on each such Lot, pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance No. 48 (Series of 2004). Fox Crossing Lots 5 and 6 are Historic Landmark properties and shall not be eligible for receiving TDR's. The Fox Crossing Meadow shall not be eligible for receiving TDR's. The maximum number of Historic TDR's which may be landed anywhere within the entire Fox Crossing Subdivision Project shall be limited to the total numberof Historic TDR's which may be generated by the Project. 2.6 Parking. Lots 8, 9,10,11,12, and 13 shall be equired to provide one (1) more parking space than is otherwise required pursuant to the Citys Land Use Code (minimum, plus one space). However, if field conditions or final architectural development require the designation of alternate lots for such required additional parking, Walnut may redesignate such lots, with approval from the Community Development Director. All other Lots are required to meet the Citys Land Use Code minimum pafing requirements. W 111-1~1 lilli - -111111111111111111111'11 ill lili lll 06/20/2005 09:24A 511411 Page: 4 cf 15 SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 ARTICLE 111 APPROVALS AND EXEMPTIONS 3.1 Hunter Valley Way Development Rights. Pursuant to the procedures for exempting development from the scoring and completion procedures of the Growth Management Quota System, Section 26.470.070 of the City of Aspen Land Use Code, and pursuant to an amendment to the Land Use Code adopted puisuant to Ordinance No. 48 (Series of 2004), and pursuant to Ordinance No. 50 (Series of 2004), upon the encumbrance of the Hunter Valley Way parcel with a restrictive covenant in a form acceptable to the City of Aspen that sterilizes the Hunter Valley Way parcel and precludes future development of the Hunter Valley Way parcel (other than for maintenance of open space and trails and the development of new trails),Walnut may purchase from the owner of the Hunter Valley Way Parcel three (3) separate "Hunter Valley Way Development Rights" each of which shall be used in connection with the Project as an exemption from the City of Aspen Growth Management Quota System ("GMQS'). The City has approved the utilization of such three (3) separate Hunter Valley Way Development Rights as City of Aspen GMQS exemptions within the Fox Crossing Subdivision. 3.2 Growth Management Exemptions for Affordable Housing. The replacement of any existing residential units within the Project shall require an exemption from GMQS, pursuant to Section 26.470.070B of the City's Land Use Code, unless the Lot on which the residential unit is proposed is an Historic Landmark (Lots 5 and 6). Any parcel which utilizes of one of the Hunter Valley Way Development Rights must fulfill affordable housing requirements. The following Lots shall require affordable housing mitigation, pursuant to Section 26.470.040B.1 of the City's Land Use Code: Fox Crossing Lots 1, 2, 3,4, 7, 8, 9,10, 12, and 13. No Lots Wthin the Fox Crossing Subdivision shall be permitted to provide affordable housing mitigation in the form of Accessory Dwelling Units. Cash-in-lieu payments shall be due pro rata upon the sale of each of the residential units, pursuant to the temis of a written deferral agreement with the City of Aspen Housing Office. Fox Crossing Lot 11 shall not be required to provide affordable housing mitigation, pursuant to former approvals which created this Lot. Lots 7 and 10 contain e>dsting residences and the current Floor Area for these Lots shall be applied as credit towards the affordable housing mitigation requirement. The affordable housing mitigation credit for the existing residences on Lots 7 and 10 may be reallocated to other Lots within the Fox Crossing Subdivision pursuant to a letter of understanding with the City of Aspen Zoning Officer, which letter of agreement is to be completed prior to the demolition of the residence on Lot 7 or 10. 3.3 Impact Fees. (a) Park Impact Fees. The City has waived Park Impact Fees with respect to the Project. (b) School Impact Fees. School Impact Fees shall be assessed on the basis ofa $109,750 per acre standard. The Project is not conducive to locating a school facility, and a cash- in-lieu payment shall be accepted bythe City. School land dedication fees are not required for replacement dwellings and shall not be assessed to development of Lot 5, 6, 7, or 10. Development of each of the remaining Lots shall 4 11[I lililll' 1 ~11411 -Page: 5 of 15 06/20/2005 09: 24A SILVIA DALIS FITKIN COL..TY Co R 76.00 D 0.00 require payment of School Land Dedication fees according to the following schedule, payable at building permit issuance: 1/3 Land Value Land Dedication House Size Per Unit Acre Standard (acres) Per Unit Fee One Bedroom $109,750 .0012 $132 Two Bedroom $109,750 .0095 $1,043 Three Bedroom $109,750 .0162 $1,778 Four Bedroom $109,750 .0248 $2,722 Five or More $109,750 .0284 $3,177 Bedrooms Amendments to the Project shall include an adjustment to these bes according to the above calculation methodology. 3.4 Water Department Standards. Walnut shall comply with the City of Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Code, and with applicable standards of Title 8 of the City's Municipal Code (Water Conservation and Plumbing Advisory Code), as required by the City of Aspen Water Department. 3.5 Sanitation District Standards. Walnut shall complywith the following rules and ' regulations of the Aspen Consolidated Sanitation District ("ACSD") with respect to the Project: (a) Sanitation service is contingent upon Walnut's compliance with ACSD's rules, regulations, and specifications at the time of construction; (b) All clear water connections are prohibited, i.e., ground water (roof, foundation, perimeter, patio drains), including entrances to underground parking garages (if any); (c) On-site drainage plans require approval by the ACSD, must accommodate ACSD service requirements, and must complywith ACSD rules, regulations and specifications; (d) On-site sanitary sewer utility plans require approval by ACSD; (e) Glycol snowmelt and heating systems must have containment provisions and must preclude discharge into the public sanitary sewer system; (f) Plans for interceptors, separators, and containment facilities require submittal by Walnut and approval by ACSD prior to building permit issuance; (g) When a new service line is required for existing development, the old service line must be excavated and,abandoned at the main sanitary sewer line according to specific ACSD requirements; (h) Generally, one (1) tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line; (i) Permanent improvements are prohibited in areas covered by sewer easements or rights of ways to the lot line of each development; 5 iii i i iii ii i i miiii in Iiii 511411 Page: 6 of 15 05/20/2005 09Â·242 SILLIA DAVIS PITKIN COL TY CD R 76.00 D 0.00 (j) All ACSD total connection fees must be paid prior to the issuance of a building permit; (k) Where additional development will produce flows in excess of the planned reserve capacity of the existing system (collection system and/ortreatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees shall be collected over time from all development in the area of concern in order to fund the improvements needed. 3.6 Public Park and Trail. Walnut has offered to provide, and the City has accepted, the following specific amenities with respect to the Project: (1) Walnut shall provide the City of Aspen Parks Department with a monetary contribution of $100,000 for improvements to Aley Park (located at the southwest corner of Spruce Street and Williams Way). This contribution shall be payable at issuance of a building permit for the first residential unit to be constructed in connection with the Project. The City Parks Department shall be authorized to use these funds for the construction of Aley Park, including a children's playground on the Aley Park property, as provided for in the 'Park Agreement" between the City and Walnut of even date herewith and attached hereto. (2) Walnut shall convey the Fox Crossing Meadow to the City upon substantial completion of the improvements associated with the Fox Crossing Meadow park. The Aspen City Council has reviewed and approved the Park Agreement, and has reviewed and approved the Landscape Drawing as shown on Sheet Ll of the Final Plat with respect to the Fox Crossing Meadow, and Walnut shall install and maintain the Fox Crossing Meadow as provided for in such Park Agreement and Landscape Drawing. (3) Walnut shall provide a public access easement across the entirety of a pedestrian trail connecting the Fox Crossing Meadow to Race Street which shall be depicted on the Final Plat. The form and content of the access easement shall be acceptable to the City Parks Department and the City Attomey. (4) Walnut agrees to construct a six-foot wide trail extending from the intersection of Walnut Street and Gibson Street to the intersection of Race Street and Spruce Street, in accordance with City of Aspen Parks Department specifications as provided for in the Park Agreement and as shown on Sheet Ll of the Final Plat. 3.7 Construction Management Plan. Prior to issuance of a building permit with respect to the Project, and prior to commencement of any site/utility work, Walnut shall submit a Construction Management Plan ("CMP") for approval by the City's Community Development Department. The CMP shall include the following provisions: (a) The primary construction access point for the Project shall be along Lone Pine Road; (b) Race Street, Race Alley, Spruce Street, and Walnut Street shall not be used for contractor parking; (c) A contractor parking area will be designated along Lone Pine Road and on- site; 6 SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 (d) A lot, or several lots, shall be used as a construction staging area. The CMP shall specify the particular Lots and shall specify at which point a staging area is no longer required; (e) Contractor contact information shall be provided to surrounding property owners. In the case of Hunter Creek Condominiums, contact information may be provided to the condominium association president rather than each individual owner. The intent of this requirement is for the contractor to address neighborhood concerns about construction without involving the City; and (f) An erosion control plan including design of all applicable construction BMP's (Best Management Practices). 3.8 Access Infrastructure Permit. Prior to the construction of any improvements on the Project, a licensed contractor must obtain a City Access-Infrastructure ("A-1 Permit"). A single contractor will complete all infrastructure associated with the Project. As part of the A-1 Permit, the contractor will be required to comply with the CMP provided for herein. 3.9 Hazardous Soils. The Project is partially within the former Smuggler Superfund Site. Accordingly, additional permits and institutional controls may be required. 3.10 Streets.F (a) Walnut consents to the City's designation of Race Alley and Race Street as one-way streets, with the direction of travel being northbound. (b) Walnut consents to the City's prohibition of parking on either side of Race Alley. (c) Race Street shall be developed with a 34-foot curb-to-curb dimension and parking along both sides of the street. Â¢09 Upon the approval of all property owners adjacent to Spruce Street, and the City's design of a pedestrian sidewalk on at least one side of Spruce Street (and preferably along both sides) between Race Street and Park Circle, Walnut will deliver to the City funds in an amount equal to the cost of the installation of such pedestrian sidewalk(s). e 36 Walnut shall develop three (3) public parking spaces at the northern-most ~ portion of the Walnut Street right-of-way adjacqpt_to-and pattially within the Fox Crossing - ~Meadowl~ Pld) Parking on Walnut Street may be permitted if the 21-foot wide clearance of the public portion of Walnut Street is maintained, if approved by the Aspen Fire Protection District Fire Marshal. 0 44 The extension of Walnut Street as a private driveway to its connection with Lone Pine Road shall be developed with a 20-foot wide easement with 16 feet of paved surface and a 2-foot stabilized shoulder on both sides. 7 511411 11- 1111111 lilli- Il l .' Il l I lili 11111.111-11 06/20/2005 09 r 24A Page: 8 of 15 ILVIA DAVIS PITKIN COL/TY CC R 76.00 D 0.00 491 Walnut agrees to provide a 15-foot sight triangle with an area of pavement as shown on Road Plan and Profile Sheet C3 to improve the turning radius at the intersection of Race Street and Race Alley on Lot 2, and a second sight ttiangle with an area of pavement as shown on Road Plan and Profile Sheet C3 to improve the turning radius at the northeast comer of Lot 10, which area is adjacent to Walnut Street. Any landscaping, fencing, or other appurtenances within the sight triangles shall conform to a height limitation ofthirty (30") inches. The City agrees for itself and any persons utilizing such sight triangles and paved areas that neither the sight triangles nor the paved areas shall constitute an easement, that anyuse of the sight triangles or the paved areas are with the consent and permission of Walnut, that such use is not hostile or adverse to Walnut's ownership of such areas, and shall not in any way affect the lot area or density of Lot 2 or Lot 10. 3.11 Subdivision and Vacation Plat. The Final Plat was recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado within 180 days after City Council's final approval of Ordinance No. 50 (Series of 2004). The Final Plat which complies with current requirements of the City Engineer and includes the following: (a) The final property boundaries, disposition of lands, the partial vacation of Race Street, the dedication of a portion of land to accommodate a turning radius between Race Alley and Race Street, and utility and surface easements. (b) Setbacks on Lot 3 restricting development along the northwest portion of Lot 3. (c) Reference to the public easement across the Fox Crossing Meadow and Pedestrian Trail. (d) Design specifications and profiles for improvements to the public rights of way including geometries and turning radii. (f) A landscape plan and an inigation plan, both of which have been previously approved by the City. (g) A utility plan which has been previously approved by the City, and which meets the standards of the City Engineer and City's utility agencies, (h) A grading/drainage plan which has previously been approved by the City. (i) Walnut shall provide the final approved subdivision line data or survey description data describing the revised street and parcel boundaries to the City of Aspen Geographic Information Systems ("GIS") Department prior to applying for a building permit. The final building location data, including anyamendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. 3.12 Subdivision Agreement. This Subdivision Agreement was recorded within 180 days after the City's grant of final approval of the Project 3.13 Fire Department Requirements. All newly constructed residential buildings in the Project shall include sprinkler systems and fire alarms. Walnut shall install one (1) additional fire hydrant adjacent to Walnut Street. The individual designing all required sprinkler and alarm system designs shall meet with the Aspen Fire Protection District Fire Marshall prior to preparing 8 11411 1 ill'111111 Ill'11 11111 1111111 111111 lili 111 geÂ· S of 15 ~/20/2005 09'24A SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 any such design in order to confirm that adequate water volume and water pressure exists for the sprinklers. 3,14 Building Permit Requirements. Any building permit application for the Project shall include and/or depict the following information: (a) A signed copy of Ordinance No. 50 (Series of 2004) granting final land use approval. Lots 5,6 and the Fox Crossing Meadow shall require Final Approval from the Historic Preservation Commission. (b) A letter from the primary contractor stating that the contractor has read and understands Ordinance No. 50 (Series of 2004). (c) The conditions of approval of Ordinance No. 50 (Series of 2004) shall be printed on the cover page of the building permit set. (d) A completed tap perrnit for sewer service from ACSD. (e) A tree removal/mitigation plan for any trees to be affected by the specific phase. (f) A fugitive dust control plan approved by the City Environmental Health Department which addresses watering of disturbed areas, including haul roads, perimeter silt fencing (as needed), cleaning of adjacent rights of way, speed limits within and accessing the Project, and abilityto request additional measures to prevent nuisances duMng construction. Walnut shall wash tracked mud and debris from the City streets as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Divisions will also be necessary due to the Property being larger than one (1) acre. (g) A study performed by a Colorado licensed asbestos inspector detailing the presence or absence of asbestos. The State of Colorado must be notified and the report must be complete prior to issuance of a building permit. (h) If the disturbance area of a particular phase of development is over one (1) acre, the contractor will need to obtain a State Storm Water Management Permit (for erosion control) and a State Emission Pennit (for dust control). (i) A Construction Management Plan as described in Section 3.7 above. (j) Prior to issuance of a building permit (i) all tap fees, impact fees, and building permit fees shall have been paid for the particular phase; and (ii) the location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Aspen Fire Protection District Fire Marshal. 3.15 Fences. Property boundary fences of Lots 5 and 6 which border the Fox Crossing Meadow shall be no higherthan 42 inches and shall be subject to the procedures and requirements of Chapter 26.415 of the City of Aspen Municipal Code (Development Involving Historic Landmark Sites and Structures) 9 1 1 1 -1111-111111111111111 lilli 511411 Page: 10 of 15 06/20/2005 09'24A SILVIA DAVIS FI'KIN COLNTY CO R 76.00 D 0.00 3.16 Vested Rights. The development approvals granted by the City pursuant to - Ordinance No. 50 (Series of 2004) shall constitute a site-specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. Article IV Prior Approvals and Instruments 1. Resolution No. 33 (Series of 2004) of the Aspen Planning and Zoning Commission recommending approval of Growth Management Quota Exemptions, Subdivision, and associated amendments to the City of Aspen Land Use Code. 2. Resolution No. 15 (Series of 2004) of the Aspen Historic Preservation Commission (HPC) approving an application for major development (final) for the property located at 555 and 557 Walnut Street, which are described as Lots 2-5, Block 3, Williams Addition to the City and Townsite of Aspen; recorded 26 May 2005 as reception no. 510584, Pitkin County, Colorado. 3. City of Aspen Ordinance No. 48 (Series of 2004) approving amendments to land use code section 26.470.070 - Growth Management Quota System Exemptions and Section 26.710.040 - Floor Area Restrictions for the Medium Density (R-6) Zone District. 4. City of Aspen Ordinance No. 50 (Series of 2004) approving three (3) Growth Management Quota System Exemptions, Vacation of a Portion of Race Street, and a Fourteen Lot Subdivision recorded 511 4.01 as reception no. 511408 , Pitkin County, Colorado. Article V Subdivision Improvements Prior to the issuance of any Certificate of Occupancy with respect to the Project, Walnut shall accomplish the following subdivision improvements (collectively, the "Subdivision Improvements"), all as further depicted and described on the Final Plat: (1) improvement of Race Street, from Spruce Street to the Race Street alley at an estimated cost of $32,500 (but not less than the actual construction and testing costs); (2) construction of a six-foot wide trail extending from the intersection of Walnut Street and Gibson Street to the intersection of Race Street and Spruce Street, in accordance with City of Aspen Parks Department specifications and as shown on the Landscape Drawing, Sheet Ll, filed with the Final Plat at an estimated cost of $49,000 (but not less than the actual construction and testing costs); (3) installation and landscaping of a park on the Fox Crossing Meadow at an estimated cost of $28,800 (but not less than the actual construction and testing costs); (4) installation of a sidewalk adjacent to Lone Pine road at an estimated cost of $17,500 (but not less than the actual construction and testing costs); (5) installation of a "water main loop" with respect to the Citys water system at an estimated cost of $66,250 (but not less than the actual constluction and testing costs); 10 *411 11111'llilli 111Ill lillill 11 06/20/2005 09:24A Page: 11 or 15 SILVIA DAVIS FITKIN COL..TY CO R 76.00 D 0.00 (6) installation of two (2) sewer main extensions (one on Lone Pine road and one on Spruce Street) at an estimated cost of $81,500 (but not less than the actual constluction and testing costs); and (7) Walnut has also agreed to pay for the installation of a sidewalk along a portion of Spruce Street, abutting Lot 2 and extending south from Race Street to the existing sidewalk at an estimated cost of $11,000 (but not less than the actual construction and testing costs). This sidewalk is to be the subject of a neighborhood planning activity to be undertaken by the City of Aspen to determine if there is a public need and neighborhood acceptance for this sidewalk. Walnut shall not be responsible for the cost of this sidewalk unless the City provides notice that it intends to Walnut proceed with the installation within a period of three (3) years from the date of this Subdivision Agreement. After three (3) years following the execution of this Subdivision Agreement, no financial guarantee shall be required of Walnut with respect the cost of this sidewalk installation. In order to ensure construction and installation of the Subdivision Improvements (1) - (7) described immediately above, Walnut shall provide to the Cityeither an irrevocable standby letter of credit from a financially responsible lender or a bond in the amount of $276,550. Said letter of credit or bond shall be provided to the City prior to the issuance of a grading or access permit with respect to the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default hereof by Walnut, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit or bond amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in Subdivision Improvements already constructed before the unused remainder, if any, of such letter of credit or bond is released to Walnut. Provided, however, that the City shall give Walnut fourteen (14) days' written notice of a default (and the right to cure during such period) prior to the City's right to make a draw under the letter of credit or bond. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of Walnut shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period for time following its occurrence. As portions of the Subdivision Improvements are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit or bond equal to an agreed upon estimated cost for the completed portion of the Subdivision Improvements; provided, however that ten percent (10%) of the estimated costs shall be withheld until all of the Subdivision Improvements are completed and approved by the City Engineer. It is the express understanding of the parties that compliance with the procedures set forth in Article VI below pertaining to the procedure for default and amendment to this Subdivision Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Walnut as set forth above. 11 1 lim lilli 11111111111 lilli 1111111111,111111111111 511411 / Page: 12 of 15 06/20/2005 09:24A SILVIA DAVIS PITKIN COUN-Y CO R 76.00 D 0.00 Article VI Non-Compliance and Request for Amendments or Extensions In the event that the Citydetermines that Walnut is not acting in substantial compliance with the terms of this Subdivision Agreement, the City shall notify Walnut in writing specifying the alleged non-compliance and asking that Walnut remedy the alleged non-compliance within such reasonable time as the City may determined, but not less than 30 days. If the City determines that Walnut has not complied within such time, the City may issue and serve upon Walnut a written order specifying the alleged non-compliance and requiring Walnut to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Walnut may file with the City Engineering Department either a notice advising the City that it is in compliance ora written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist; or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of noncompliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate underthe circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time petiods for performance hereunder if Walnut demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Walnut, despite good faith efforts on its part to perform in a timely manner. Article VII General Provisions 7.1 Successors and Assigns. The provisions hereof shall be binding upon and inure to the benefit of Walnut and the City and their respective successors and assigns. 7.2 Governing Law. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 Inconsistency. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 12 11 lill i 111 111111 lilli .1 06/20/2005 09:240 511411 Page: 13 of 15 LSILAIA [ VIS PIT IN COL-Tr C J R 76.00 D 0.00 7.4 Integration. This Subdivision Agreement and any exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Walnut and its successors and assigns may on its own initiative petition the City Council for an amendment to this Subdivision Agreement or for an extension of one or more of the time periods required for the performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Anysuch amendment orextension of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Headings. Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed detenninative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Acceptance and Recordation of Final Plat. Upon execution of this Subdivision Agreement by both parties hereto, the City agrees to approve and execute and the Final Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Walnut. 7.7 Notice. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if delivered by facsimile, if hand delivered, or if delivered to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice bythe parties or their successors or assigns: The City: City of Aspen City Manager; Community Development Director 130 South Galena Street Aspen, Colorado 81611 Walnut: Walnut Property, LLC 225 North Mill Street, Suite 208 Aspen, Colorado 81611 Facsimile: (970) 544-9251 With copy to: Curtis B. Sanders Krabacher & Sanders, P.C. 201 North Mill Street, Suite 201 Aspen, Colorado 81611 Facsimile: (970) 925-1181 Provided, however, that any notices to Walnut Property, LLC may only be delivered by hand delivery or by facsimile. 13 11111111111111111111111111111111111111,~1111111111111 511411 /// Page: 14 of 15 SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 06/20/2005 09:242 SILVIA DAVIS PITK1N LUU:411 T .V IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COL.DRADO, a Colorado municipal corporation. / AP*9 Atteet: im- Kathryn S. Koc~Zity Cl,Â¢R APPROVED AS TO FORM: <t-L -)-1 1 -F.. ISok., Ulare.at. r Jatln Worcester, Cityittomey WALNUT: WALNUT PROPERTY, LLC, a Colorado limited liability company Camilla S. Auger, as President of Meridian Capital Group 111, Inc., as its Manager.O - -, . US.. 14 511411 1 11-1- lilli-1111-1111111111111Ill f 06/20/2005 09:2â€¢A Page: 15 of 15 SILVIA DAViS PITKIN COLNTY CO R 76.00 D 0.00 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 62 day 6 3,2005 by Helen Klanderud as Mayor of the City of Aspen, Colorado, a municipal corpo(~o~n~. Witness my hand and official seal, My commission expires: 4/FF/ 2 00 + il----. Â»,411Â£-, >(gL- U 1 ~1~otary Public , ECH STATE OF COLORADO ) l.~ .......43'' ) SS. COUNTY OF PITKIN ) ~tz=;5Â« The foregoing instrument was acknowledged before me this /+~hy of,5Â»caOO-Lby Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a municipal corporÂ®tn. >XY PURN Witness my hand and official seal, ....0.11 it JACKIE 1 % My commission expires: 84IiÂ¥<~A~AL ch & i~ LOTH\AN joil / Q * ~P~ry Public c7~7:c/-144 2 Â¥*......./4Â« STATE OF COLORADO ) ~ ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this /*4 0@95Â£12005 by Camilla S. Auger, President of Meridian Capital Group, 111, Inc., Manager of WA,lhut. Property, LLC, a Colorado limited liabilitycompany. -"if..7.1.-/,2.~,At Witness my hand and official seal, U ac- ;,(Re. ) a My commission expires: 044-~ (:30~ d '~~ LOO~ )4 ~Pâ‚¬ary Public ,(1%~~7, U ]5 2....... 111 I lili li lli 111, 11111111111~ 511425 Page: 1 of 3 06/20/2005 12:22P SIL\.IA DAVIS PITKIN CJU.,TY CO R 16.00 D 0.00 AGREEMENT (Walnut Properties, LLC and City of Aspen) This Agreement is entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado. ("City") and Walnut Property, LLC, ("Walnut"). WHEREAS. Walnut has recently received land use approvals for a project commonly referred to as Fox Crossing (see Ordinance No. 50, Series of 2005); and, WHEREAS, the City Council, as condition of the land use approvals granted to Walnut, required Walnut to enter into an agreement with the City of Aspen Parks Department relating to certain landscaping and trails to be constructed and maintained within the approved land use project. NOW THEREFORE, the parties hereto agree as follows: 1. Design: The Fox Crossing Park shall be passive: grass, flowers, trees and shrubs. The landscape plan will be provided by Walnut Property, LLC, ("Walnut"),and approved by the Aspen City Parks Department, ("City") and the Historic Preservation Commission, ("the HPC"). 2. Installation: Walnut shall install the Fox Crossing Park and the sprinkler system as designed. City shall provide a water tap for the sprinkler system without a tap fee or other charge from the Water Department. 3. Parking: Walnut shall provide three (3) parking spaces on Walnut Street at the edge of the Park. 4. Maintenance: The City shall maintain the Park. Walnut may provide additional maintenance and upgrade as desired. Specifically, Walnut will maintain flower gardens, floral displays, water featuresÂ·and other special items as mutually agreed. 5. Path/Trail. Walnut shall install the trail as shown on the attached drawing appended hereto as Exhibit "A". The Trail shall be maintained by Walnut: snow removal in tlie winter and broom cleaned free of gravel and debris in the spring, summer and fall. 6. Lighting/Signape: Walnut shall design and installlighting and signage including the history o f the neighborhood and the railroad, which will be approved in advance by City and the HPC. 7. Structures: There shall be no structures in the Park. Stone or wood benches, birdbaths, dog pick-up stations, water features, and drinking fountains will be allowed, in coordination with the City of Aspen Parks Department, at Walnut Property, LLC's discretion and expense. Page 1 UL-511425 ~|~|Page: 2 of 3 06/20/2005 12:221 SILLIA DAVIS FIT IN C JU . 1 Y CO R 16.00 D 0.00 8. Hours/Activities: The Park will be open to the public from 8:00 AM until Sunset. Residents of Fox Crossing may use the Park at other hours as well. No fires or picnic tables shall be allowed. No special events shall be permitted unless agreed to and scheduled in advance by both Walnut and City. There shall be no time restrictions on the use o f the trail. 9. Park Dedication Fee. In view of Walnut Property, LLC's major contribution of the Fox Crossing Park property to the City, the installation of the Park and the $100,000 commitment to Aley/Spruce Park, no additional Park Impact Fees shall be due from Walnut. The $100,000 contribution for Aley/Spruce Park shall be spent at Aley/ Spruce Park, unless there are excess funds left over, in which event they shall be used on Fox Crossing Park. Walnut and City shall agree on a final design (which may be modified by the public comment process) for Aley/Spruce Park. The Park will be passive (trees, grass, shrubs, flowers) except for playground equipment. At the end o f the Park nearest Centennial on Spruce Street up to six (6) dedicated parking spaces will be located for the Park and for hikers. 10. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Walnut: Camilla Auger5 President Steve Barwick, City Manager Meridian Capital Group, Inc., Manager City o f Aspen Walnut Property, LLC 130 South Galena Street 225 North Mill Street Aspen. Colorado 81611 Aspen, Colorado 81611 11. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time iii effect. Page 2 1 1,1111111111111111111 111111111111.lili lili 06/20/2005 12:22P 511425 /// Page: 3 of 3 SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. ATTESTED BY: CITY OF ASPEN, COLORADO: A# 56~*Lf 9~ 1 0 .-- A A L \ ' /-0/U'-Pt'EX Steve Barwick Title: City Manager Date: 5---2,9 - o T WALNUT: WITNESSED BY: '------- A4 4 Plf-3 G.4.-E- By: Camilla Auger, President Meridian Capital Group, Inc., Manager Walnut Property, LLC Date: 71.1 20 E, Dr Bendon C:\home\Current Planning\CASES\Fox Crossing\FoxCrossingParkAgr.doc SAW (Rk A k *01- 6 1 4 1* Câ€¢391* 4WEM)61- TAF. Page 3 74 Page 1 of 2 .. Jessica Garrow From: Gretchen Greenwood [ggreenwood@ggaaspen.com] Sent: Tuesday, May 15, 2007 2:13 PM To: 'Bob Witek'; Jessica Garrow CC: tanya@scaplanning.corn; Adam Trzcinski; '10 Emp Pat Costello'; 'Tim Nichols'; rthomson@rjwaspen.com Subject: RE: Fox Crossing Parking This plan was never presented in a public hearing. The plans presented were either not developed or left vague at the time of public hearing. As far as I am concerned this plan has not been approved. It is absurd to tear out an old garden in front of a Victorian miner's cabin to put in a parking lot. I will be appealing the planning department's decision. Is there not a win win situation for all her? Does the public not benefit from a garden on the street scape en route to this park? Please reconsider, as I will do whatever it takes to protect the old lilac bush and historic garden. Gretchen Greenwood Gretchen Greenwood - Principal Gretchen Greenwood & Associates, Ine. 520 Walnut St. Aspen. COS 1611 Tel: 970 925-4502 Fax: 970 925-7490 Mobile: 970 948-2081 E-Mail: ggreenwood(a ggaaspen.com From: Bob Witek [mailto:bob@rjwaspen.com] Sent: Tuesday, May 15, 2007 12:41 PM To: 'Jessica Garrow' Cc: tanya@scaplanning.com; 'Adam Trzcinski'; 10 Emp Pat Costello; Tim Nichols; rthomson@rjwaspen.com Subject: RE: Fox Crossing Parking Thanks Jessica, I guess the only question I now have is why are we going back to 3 parking spaces? About a year ago it was decided by the City to change it to only 2 spaces and we had the park re-designed to do just that, now we are going back to 3 parking spaces. We will do what we are directed to do, I just wanted to know if you knew why the change again? Thanks again. Bob Witek RJW Builders, Inc. 215 South Monarch Street # G-103 Aspen, Colorado 81611 Office:970-920-7919 Cell: 970-379-7555 5/15/2007 Page 2 of 2 .. E-Mail:bob@rjwaspen.com From: Jessica Garrow [mailto:jessicag@ci.aspen.co.us] Sent: Tuesday, May 15, 2007 10:48 AM To: bob@rjwaspen.com Cc: tanya@scaplanning.com; Adam Trzcinski Subject: Fox Crossing Parking Hi Bob - I am the Planner assigned to the Fox Crossing parking change request and wanted to follow up with you regarding that application. Yesterday I informed Tanya from Stan Clauson's office that the City will not be granting a subdivision amendment to reduce the parking from three spaces to two spaces. I have spoken with Adam Trzcinski in the Engineering Department about our decision so he is aware that there should be three spaces in front of Gretchen Greenwood's property. When Fox Crossing applies for the ROW permit to build those spaces, the Engineering Department will enforce the encroachment issue and at that point the existing encroachment will need to be removed. Please let me know if you have any questions or if I can be of any assistance. Cheers, Jessica Jessica Garrow, Planner Community Development Dept. City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspenpitkin.com 5/15/2007 .. Bob - My understanding is that there was a conversation a few months ago between Amy, Chris, and someone from parking regarding this issue, but that no plans were presented at that time. When the land use application came in and the different scenarios were presented on site plans, Staff determined that there is a significant setback on the property which protects the historic structure and that including three spaces does not negatively impact the structure. The original approvals required three spaces, so this land use request was for an insubstantial subdivision amendment (an administrative review) to change the parking from three spaces to two. At our Staff meeting last week, Staff determined that this insubstantial amendment would not be granted. I hope that helps answer your question. Jessica Jessica Garrow, Planner City of Aspen Community Development Dept. 970.429.2780 From: Bob Witek [mailto:bob@rjwaspen.com] Sent: Tuesday, May 15, 2007 12:41 PM To: Jessica Garrow Cc: tanya@scaplanning.com; Adam Trzcinski; 10 Emp Pat Costello; Tim Nichols; rthomson@rjwaspen.com Subject: RE: Fox Crossing Parking Thanks Jessica, I guess the only question I now have is why are we going back to 3 parking spaces? About a year ago it was decided by the City to change it to only 2 spaces and we had the park re-designed to do just that, now we are going back to 3 parking spaces. We will do what we are directed to do, I just wanted to know if you knew why the change again? Thanks again. Bob Witek RJW Builders, Inc. 215 South Monarch Street # G-103 Aspen, Colorado 81611 Office:970-920-7919 Cell: 970-379-7555 E-Mail:bob@lwaspen.com From: Jessica Garrow [mailto:jessicag@ci.aspen.co.us] Sent: Tuesday, May 15, 2007 10:48 AM To: bob@rjwaspen.com Cc: tanya@scaplanning.com; Adam Trzcinski Subject: Fox Crossing Parking Hi Bob - .. I am the Planner assigned to the Fox Crossing parking change request and wanted to follow up with you regarding that application. Yesterday I informed Tanya from Stan Clauson's office that the City will not be granting a subdivision amendment to reduce the parking from three spaces to two spaces. I have spoken with Adam Trzcinski in the Engineering Department about our decision so he is aware that there should be three spaces in front of Gretchen Greenwood's property. When Fox Crossing applies for the ROW permit to build those spaces, the Engineering Department will enforce the encroachment issue and at that point the existing encroachment will need to be removed. Please let me know if you have any questions or if I can be of any assistance. Cheers, Jessica Jessica Garrow, Planner Community Development Dept. City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspenpitkin.com +1,4'... 7 4 . 6 9 d :Ii.,1,0 i k '6 f :60 - 4 6,1 4 14.., ,. 44 -- 4 k.,1 . 4 - 92? ' 47 WALNUT ET 9, . 71 3 - 2 9 -> S /2 . -. 4, â‚¬.. Ar : I Â«:t * Â© e. -1 94 t.. . 2,Â· % . I .1-I L. I. #A -dll 4,(Â· ~ ' i / * DUI Ib53 LEâ‚¬ 2561 2)> 9rd=-v u Â·â€¢, FC<FOO . i:,uEdnz .. 200 East Main Street Aspen, CO 81611 Stan E-mail: tanya@scaplanning.com Clauson Web: www.scaplanning.com Phone: +1 970 925-2323 Associates, Inc Fax: +1 970 920-1628 itansnalki To:- Jessica Garrow From: Tanya Stevens Company: City of Aspen Date: 7 May 2007 Community Development Re: Fox Crossing Phone: 429-2780 CC: E Urgent U For Review 6 Please Comment U Please Reply Â£ Please Recycle â€¢Comments: Enclosed are the requested additional materials which you needed to complete your review of the request for a plat amendment to the Fox Crossing Subdivision. First, attached is a letter from the Hunter Creek Condominium Association approving the request of the setback changes. Also, enclosed is information regarding the encroachments from Gretchen Greenwood. Sheet 1 of 1 of the Walnut Detailed Grading Plan, dated 8/9/06 shows how the street plan should be, where there are no encroachments into the roadway. Sheet C5 of the Walnut Street Plan and Profile and Sheet 1 of 1 of the Walnut Detailed Grading Plan, both revised on 2/6/07, show the ~ existing stone landscape wall and steps which Gretchen Greenwood built. As seen on the plans, the stone wall and steps encroaches eight (8) feet into the location of the proposed third parking space. I have also enclosed an aerial photo from GIS showing the encroachments for your convenience. Please do not hesitate to contact us, for we are glad to answer any questions that you may have. â€¢ Planning, Permitting, and Design Solutions for Communities and Private Sector Clients â€¢ 01/18/2007 16:32 97092~6 HUNTER CREEK P PAGE 02/03 . ,- Fox Crossing Properties. LLC 601 East Hopkins Ave. Aspen CO 81611 Attention: Harris Cahn RE: Fox Crossing Lot 3 Building Envelope per Ordinance #50, Section 1.2, Item 2 Dear Mr. Calin, The Hunter Creek Common.s Board of Governors has no objections to a minor plat amendment of Fox Crossing in regard to the building envelope on Lot 3. We agree to an additional 5 foot northerly setback with an additional 10 foot westerly setback. Iii other words the northerly setback would increase from 10' to 15' and the westerly setback would be reduced from 20' to 10' (see attached easement exhibit map). Our approval of th.is minor plat amendment stands a.lone, and Common.s Board's objections tothe over excavation ofthe 10'x 50' fingerparcel that is adjacent to Fox Crossing Lot 1 will be addressed separately. Sincerely, Â»a Hunter Creek Common.s Board of Governors Ross Kribbs, President Hunter Creek Â· 1400 Vine Street Â· Aspen, Colorado 81611 - 970/925-1060 m 1=1 - EN\ Hunter Creek Public Access . 1 03 Lu i V \ 0 410 Condominium Easement Area râ‚¬ <I frorn Hunter Creek ~ 1 North f--Setback increased Condorninium HOA \ \ Scole: 1"=20.-0.9 ~ from 10' to 15' - - - 10 per HCC's request ------ ervoirr - - 1 Â«u-/ l 1 1 -10 '-i. 21 1 11 Lot - 1 - 1 U} fc i Duplex Units a,b CO M ' 1 Lot 3 1 ag ]27' i Single Family I 1 E------------------- 6'-~4 16.00' 1 10' fo' Pedestrian Trail .465...p- Z el - 2[.0 RACE STREET CO . 111 1 / 0 1 7 1 Parking Shoulder (G ravel) lIn r.. Lot 4 - 11 0 Single Fanily | Ill< . crn Â· 1 11>- '11 1 1 OJ ro 3- 1 Lot 2 113 651 -- | | Duplex Units a,b 1 1 lill-- I- -I--.I .-1ll EP, 44 1-1 Wi 11 I 2 / 0 1 - co ' 11 f .t .1 Lot 5 b I & 14Â·32' - - - - -- 17 - - - - - lEi Sing le Fam Hy 1 1 1 -- -- -- -- 11,1 Y /:. Historic House I r 1 '. 1 21: HUNTER CREEK PROP :alva B.!ElAU' 06Â¥%10103 'NS,57 'â€¢.tl -1 'IQU,Â¥IJO~y ~TAN CLAUSON ASSOC.IATIES, INC Planning â€¢ Urban Design Landscape Architecture Transportation Studies Project Management ZOO EAST MA]N STREET ASPEN, COLORADO 81611 6 April 2007 TELEPHONE: 970.925.2323 PAx: 970.920.1628 E-Mi\[L: info@scaplanning.com Ms. Joyce Allgaier WI{B: www.scaplannitig.com Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Fox Crossing Subdivision Minor Plat Amendments Dear Joyce: It was requested that we provide additional information on how our requested changes to the Fox Crossing Subdivision Plat have no effect on the conditions and representations limiting the approved plat. We are requesting, on behalf of our client Fox Crossing Partners, LLC (Fox Crossing), Insubstantial Amendments to accomplish the following changes: 1. Change the setbacks of Lot 3, and 2. Reduce the number of parking spaces on City property at the end of Walnut Street from 3 to 2 spaces. Lot 3 Setbacks. The change in the setbacks of Lot 3 (PID# 273707392003) has no effect on the conditions and representations limiting the approved plat as the request to amend the northerly and westerly side yard setbacks complies with the original intent of accommodating Hunter Creek Condominium Association's request and the condition of approval Ordinance No. 50 (Series of 2004). The restriction on Lot 3 was provided to accommodate the request of Hunter Creek Condominium Association. The westerly side yard setback was set at 20 ft, well above the minimum side yard setback of 5 ft as required by underlying zone district R-6. The rear yard setback was 10 ft as required. Likewise, the easterly side yard setback of 10 ft complied with the minimum standard. After the Fox Crossing plat had been recorded and all appeal periods had past, the Hunter Creek Condominium Association expressed a desire that a five-foot increase to the northerly setback be incorporated into the plat for Lot 3. Fox Crossing would voluntarily enter into a minor plat amendment to increase this northerly setback to fifteen feet while at the same time reducing the westerly setback to ten feet. Hunter Creek is amenable to the reduction in the westerly setback. The easterly setback will remain 10 ft. The combined setback would be 20 feet, which would still comply with the setback requirements of the PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS .. Ms. Joyce Allgaier Community Development 6 April 2007 Page Two R-6 Zone District for the 6,010 s. f. parcel. It is our understanding that both these changes would be considered beneficial by Hunter Creek. Reduction in Parking Spaces. This application also proposes a reduction in the number of parking spaces at the end of Walnut Street from three (3) spaces to two (2), because private encroachments not under the control of Fox Crossing exist in the proposed location for one of the parking spaces. The required parking spaces would be adjacent to 520 Walnut Street (PID# 273707300025), owned by Michael Ortiz and Gretchen Greenwood. Owned by the abutting property owner, Gretchen Greenwood, these encroachments consist of landscaping elements and a stone wall that are appurtenant to the Greenwood property. There is no known encroachment license for these landscape elements. This request does minimally change the conditions and representations limiting the approved plat, but Fox Crossing is not in a position to require or effect the removal of these encroachments. The applicant is requesting for a reduction in parking spaces as a result of these circumstances. Should the City pursue to enforce the removal of these unlicensed encroachments, Fox Crossing, LLC will be able to provide three (3) parking spaces at the end of Walnut Street in compliance with Ordinance No. 50 (Series of 2004). Approval of these proposed plat amendments as described above would allow the completion of the Fox Crossing Subdivision in a manner that is agreeable to its neighbors and consistent with the intent ofthe original approvals. Please let me know if I can provide any further information or clarification. Very truly yours, 44Â«-1 Stan Clauson, AICP, ASLA STAN CLAUON ASSOCIATES, INC. Attachments: 1. Application packet and maps 2. Signed fee agreement 3. Planning fee deposit in the amount of $705 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Develonment Application Fees CITY OF ASPEN (hereinafter CITY) and Fox Crossing Partners. LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Insubstantial Amendment to a Subdivision Development Order (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT' S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $705 which is for 1 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: HAVI- Chris Bendon Harris Cahn, Managing Member Community Development Director Fox Crossing Partners, LLC Date: 24 Januarv 2007 Billing Address and Telephone Number: Required 601 E. Hopkins Avenue. Suite 202 Aspen, CO 81611 g:\support\forms\agrpayas.doc 970-544-0045 11/30/04 RETAIN FOR PERMANENT RECORD LAND USE APPLICATION ~ APPLICANT: Name: Fox Crossing, LLC Location: Fox Crossing Subdivision, Lots 1-13 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273707392001, 273707392002, 273707392003, 273707392004, 273707392005, 273707392006, 273707392007, 273707392008, 273707392009, 273707392010, 273707392011, 273707392012, 273707392013 REPRESENTATIVE: Name: Stan Clauson Associates, Inc Address: 200 East Main Street Phone #: Aspen, CO 81611 PROJECT: Name: Fox Crossing: Amendment to Subdivision Plat and Development Order Address: Fox Crossing Subdivision, Lots 1-13 Phone #: 970-544-0045 TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~1 Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split U Temporary Use Â® Other: Insubstantial Amendment to Subdivision Plat Lot Line Adjustment U Text Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 14 lot subdivision, including Fox Meadows Park PROPOSAL: (description of proposed buildings, uses, modifications, etc.) To amend northerly and westerly setbacks on Lot 3, (PID# 273707392003). To reduce public parking spaces located at the northern-most portion of the Walnut Street public right-of- way adjacent to the Fox Crossing Park Parcel from three to two spaces due to encroachments in one proposed parking space. Have you attached the following? FEES DUE: $ 705.00 U Pre-Application Conference Summary Â® Attachment # 1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards RETAIN FOR PERMANENT RECORD m m m El El El El El 1 . . 1 APPLICATION 1 Amendment to Subdivision Plat and Development 1 Order 1 28 March 2007 1 Applicant: Fox Crossing Partners, LLC 1 Location: Fox Crossing Subdivision Aspen, CO 81611 1 1 An application for an Insubstantial Amendment to Subdivision Plat and Development Order 1 Represented by: Stan Clauson Associates, Inc 200 E. Main Street Aspen, CO 81611 970-925-2323 1 . . STAN CLAUSON ASSOCIATES, INC Planning â€¢ Urban Design Landscape Architecture Iransportation Studies Project Management 200 EAST MAIN STREET ASPEN, COLORADO 81611 28 March 2007 TELEPHONE: 970.925.2323 nx: 970 920 2 628 E-MAIL: info@scaplant-ting.com Mr. Chris Bendon, Director WEB: www.scaplanning.com Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Fox Crossing Subdivision Minor Plat Amendments Dear Chris: On behalf of our client Fox Crossing Partners, LLC (Fox Crossing), we are requesting Insubstantial Amendments to the Fox Crossing Subdivision Plat to accomplish the following changes: 1. Change the setbacks of Lot 3, and 2. Reduce the number of parking spaces on City property at the end of Walnut Street from 3 to 2 spaces. Lot 3 Setbacks. The Hunter Creek Condominium Association has requested that the currently established ten-foot northerly setback be increased by five feet and have also agreed to other setback modifications. Fox Crossing would voluntarily enter into a minor plat amendment to increase this northerly setback to fifteen feet while at the same time reducing the westerly setback to ten feet. It is our understanding that both these changes would be considered beneficial by Hunter Creek. Reduction in Parking Spaces. This application also proposes a reduction in the number of parking spaces at the end of Walnut Street from three (3) spaces to two (2), because private encroachments not under the control of Fox Crossing exist in the proposed location for one ofthe parking spaces. Owned by the abutting property owner, Gretchen Greenwood, these encroachments consist of landscaping elements and a stone wall that are appurtenant to the Greenwood property. Fox Crossing is not in a position to require or effect the removal of these encroachments. 1 4 9*%44 PLANNING AND DEN/GN SOLUTIONS FOR COMMUNITIES AND PRIVATE 5ECT0R CLIENTS 1 . . Mr. Chris Bendon, Director 1 Community Development 28 March 2007 ~ Page TWO Approval of these proposed plat amendments as described above would allow the 1 completion of the Fox Crossing Subdivision in a manner that is agreeable to its neighbors and consistent with the intent of the original approvals. Please let me know if I can provide any further information or clarification. 1 Very truly yours, \1Â» 4--f>Lf# 1 Stan Clauson, AICP, ASLA STAN CLAUON ASSOCIATES, INC. 1 Attachments: 1. Application packet and maps 2. Signed fee agreement 3. Planning fee deposit in the amount of $705 1 1 1 1 1 1 1 1 1 1 1 0 0 Project Overview This application is a request for an Amendment to Subdivision Development Order for the Fox Crossing Subdivision. This request seeks approval for minor changes to the Lot 3 building envelope with respect to setbacks in accordance with a request by the Hunter Creek Condominium Association. It also requests a parking space reduction at the north end of Walnut Street. With Ordinance No. 50 (Series of 2004), City Council gave the final approval to Fox Crossing Subdivision. As a condition of approval, the applicant had to include on the recorded Subdivision and Vacation Plat a "building envelope on Fox Crossing Lot #3 restricting development along the northwest portion of the lot" (Section 12, #2). Another condition required that three (3) public parking spaces would be located at the northern- most portion of the Walnut Street public right-of-way adjacent to the Fox Crossing Park Parcel (Section 11). After the Fox Crossing plat had been recorded and all appeal periods had past, the Hunter Creek Condominium Association expressed a desire that a five-foot increase to the northerly setback be incorporated into the plat for Lot 3. The applicant is willing to amend the Fox Crossing plat to increase the northerly setback by 5 ft to 15 ft, and at the same time, reduce the westerly setback by 10 ft to 10 ft. Hunter Creek is amenable to the reduction in the westerly setback. The combined setback would be 20 feet, which would still comply with the setback requirements of the R-6 Zone District for the 6,010 s. Â£ The applicant further requests the reduction in the number of parking spaces at the end of Walnut Avenue from three (3) spaces to two (2). The reason for the reduction ofthe one parking space is that the abutting property owner, Gretchen Greenwood, has landscape encroachments and a stone wall on City property at the proposed location for that parking space. Ms. Greenwood does not currently appear to have an encroachment license for these appurtenances. Fox Crossing is, however, not in a position to remove or disturb these private encroachments in satisfaction of its Development Order, as this is a matter between the abutting property owner and the City. These changes to the plat are necessary to the completion of the Fox Crossing development, especially the residence at Lot 3. Approval of these requests will benefit both the Fox Crossing Subdivision and ensure good relations with its neighbors. 1 . . Land Use Code Standards Section 26.480.080 Amendment to Subdivision Development Order A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. Response: The request to change the setbacks on Lot 3 and reduce the number of parking spaces is an insubstantial amendment to the Fox Crossing Subdivision plat. The proposed changes are consistent with the approved plat, which provides for single- family/duplex residences and a public park. At Hunter Creek Condominiums request, the northerly setbackfor Lot 3 would increase from 10 ft to 15 ft. At the same time, the applicant is would like to reduce the westerly setback from 20 ft to 10 ft. This application also proposes a reduction in the number ofparking spaces at the end of Walnut Avenue from three (3) spaces to two (2) because private encroachments exist in the proposed locationfor one of the parking spaces. These encroachments include landscaping elements and a stone wall owned by the abutting property owner, Gretchen Greenwood Removing these encroachments is not something that Fox Crossing is legally empowered to accomplish. There is no known encroachment license for these landscape elements. 1 0 01 0 0 7---1 \tj $ 11 7 - J// 11 1 1 9 m Ft / ' F+Jif - - 05....84EEK=- ff S -7 1 1 -r-0*1:6 4-'FT -$222â‚¬':3/ . 409:*â„¢14#~ 1 40- 1-1 1 -I- - u... ... . I- - TII- L 1-1 = - --2- -Â©*4'1â„¢2:-did=, *i / Randal Puk 41 ,~,0;.g~***2.1 1r- - . * Un -t- -1. 1 0 1=-cr 2-1/~/fy o 'bA I * NÂ»-4 ~962 , tiu*te;i 54Â£ To *pa.sp#ty 1 M 4.: 9â‚¬,Fre.*11474<*k*? S' -*el \ Â»ty :ae'#Raffidek,0.-=cu 0Â·Â·arÂ·.Â·41Â·,Â· P "'Jf.kii,p.*M'tougs# 1,2-?,9. ' 4 ......s?guil--."ittraâ‚¬... i.15- 1 /FMB.Psoleif'it*P Ij 4 # ls./*9 4/ >#/ 0 4 f!1 2, i 24,3- -9,A ,Â©A4*0pan Space \ f 1 1 u A *ffES#*P' 110* Â». 1 21 04*VE Â©Yee; 0 lu,lte'C 1 9+ 1 2-:3 ) j)1 4 / C CO , 1 4%987 [239-1/1 il#*,4 ~/4 - 9946 2 - I fi943 \: 1 11 1 1 0 ~ Angie Griffith - 9944 4.* Hunter Creek Cond e , I . --h HeEÂ©r.v-i Historic Blue Victorian \ \ %%,6 442@t 11 x Rosalie 0 .%11 Park Â·F' ' l k 11 1 Ce Aart q 90?It .9 Spruce Park , h.110 L Proposed Parks /:4 I ) 6 - ropb-sed- 0 ,/0~27 M m i b Fox MeR+= 1 /01%\ Â«04 n f Y -1 4N 'Fox Crossing' C 20 / PUfm- cr-Â·-cr-Â·i= 02.4 -4 40 Ampen Art W~.. 081'41 7, - . , MU.et~Li~,- #Agumil"diti Subject Property et % A 1/0, L 44:f / 2 4 Â£30 f (/3 k Cholo , ~ ~~ ~ 4~ FUXE=,/2-4Â«,g47%27594.. i / 0 Approved Property --' 4!53 - Soutb &,c d_7 3 Ung-m m -7 f '1 2% PX* 1o - 0 <0 5/9 1.. .7~\\ , 1 /1 /. ~ ~ * .1 / 74/7/1 Tj Udiwgs 1 AÂ£,7)Mj'*041#NTÂ¢48Â»car,r -/-/A xÂ»--s:- x M\ Y j 8:twf 0 /4 < - . / Nearby Proposed Willa Park ~~~ ~~~-~~-~~ V 2-1 \UÂ° ~ C:\Documents and Settlngs\AdmInlstrator\My Documents\Aspen GIS ~. 9/9/2004 4:00: 09 P~.1,IVUDY\hp desllet 9600~~~~~ ~~~~ - n (Â«11- SNOIS dew 4-IumIA D 'NadSY I 1 'SILLY!.)0!;SV NONOVID NV. 1 .. .. .. - - A- Public Access -- --ni_~__1__4 1 /i Easement Area Setback increasedgi~ 1 0 -- -- , I from Hunter Creek = Condon-~inium HOA _ from 10' to 15' _ _ r' 40 7 Lot 1 ; gl - Hunter Creek -- per HCC's requesti-1'07 -- -- -- 3 i I Duplex Units a,b I I 1 1 Lot 3 Condominium 1 1 Single Family I i L_______-__-------- Setback reduced 11 ~ Il to' 8 6'-8/*-7 16.00 L-, N from 20' to 10>] \I_ Pedestrian Trail 1 f --------Ii------ 0 L:%0....-- RACE STREET Q E - - Parking Shoulder (Gravel) / lEi Lot 4 f' M f F--0 --7--2 2 --0-< i__--~ < 20 _1 1 r-- 1 1 1 Single Family 1~ 30' ~ ~ 1 1 7-----------------3 25065.3sf 11 1 | I Lot 8 1 1 11~ 1 1-to'- -1 Lot 2 LOT 3 ------ \/b \ 1130.0-1 ~ Single Family ~ , su --- 4 ' Duplex Units a,b 1 \ IM i /1 Lot 5 11 L--------------2 1 1 AREA 14660.5sf --------- - - 1-1 8 1 1 -0 1 'R Building Envelope , L__ Single Family III 1 L 6,572 sf Historic House ~~1 \ L-_LUL -1142,4-74Â°n-J 1 1 1 / 1 4297 1 1 ---- T --- / Relocated cabin || ~ 10 7180' S \\ E-- ------703 n I \ 1 4 1 11 k// LOT 6 Single Farnily I f i / 1 2/ 111 1 LOT 2 Fl 1 '%~ AREA 7510sf 12 Relocated Cabin ~ ~4 1 4 ili L ~13 kvelope -/107 f / 7 Lot 9 1 2 - _ - - - - - _ -13 1 f ~ 1 1=1 \ -- 6630.- 7 g / ~ Single Family ; 10.0 : ~ 6945.2sf I ~7 ,,5~ 85.00 1 -----7.- / 1Â« E--------- -1-1 ~ 10.0 Building Envelope 24 j ///////f/1. >Â« 2,980.7 sf ~ ~ ~ Lot 7 1 . ~ Building Envelope 2 3,374 sf 1 // 1 1 . L - -79.437- - 13 i - --~ -$-f.Oil--i \ 2 : ---- -- 85.00' City of Aspen R.O.w | 1 ~ \\ 0--4\ 2349.4sf / ~. 2 Parking : Spoces I \\ L -- -3 / 2,6,0.--- 1 \ 44/1 \ ~ Building Envelope E \ 4,236 sf 1 Building Envelope ---- ----1 \ \ 5,307.3.f 1 1 4-x-- \ 1 /1 \ 1 1 /3 N Z R 1 0 n f_-1-1__ I_- E / \~ il Existing Single lA 21 1 - N 2 40 2 : 37 Â¤ f Family House - 1 -- r' 2/ -1 - 1 4 ~ 4-10'op~ Lf 10 2 -- 44 z S. 0 CC 1 ri Duplex Units a,b I ' GRAPHIC SCALE * il- , LotÂ«A[ea 11219.8sfi 1 0. y= 20 0 20 40 80 120 . I . Vacated Area 432.~sf ~ Park Area (9,044 sf) -t 2.* ~ C,- E -- -% 2 1 1 SCALE: 1" = 20'-Â»" 1 -/=r 1 ---1 .LE[HIIS :SNOISIA UOISTAppqns Supso.ID xonI 54.40 133315 30AMdS ]UOUIpUOUIV 113Id 1!qlt[XH OpUJOIOD 'uodsv ,00'. igno fi'uueide' woo EouueldeoswmA â€¢EZ9%-025{015) re] 200 East ain treat â€¢Asp n 1 . 0 0 0 FOX CROSSING SUBDIVISION & VACATION PLAT 374 PIt SECTION 7, TOWNSHiP 10 SOUTH, RANGE 54 WEST OF THE SO<TH PlldliPAL MERIDIAN CITY OF ASPEN. PiTKN COAITY, COLORADO CERTFICATE OF OVIERSMF VACATION SKETCH KNOW ALL MEN BY THESE PRESENTS THAT GRiFFITH PROPERTY. LLC, WALNUT PROPERTY, IC, WALNUT PROPERTY 11, LLC, WALNUT PROPERTY Ili, LLC BEW,G THE OWNERS, THE . TITE eWWCATI WORTGAGEE OR LJEN HOLDERS OF CERTAN LANDS IN THE CITÂ¥ AND TOWNSITE OF ASPEN, 01- L./F MIN COUNTY, COLORADO, DESCRBED AS FOUOWS TE iÂ»E)ERSIGNED, A out.Y *untoRIZED RFREsENTATivE OF.-.-11{IkÂ· 0190. SHEET INDEX =*-.5,04.4 --- --__ REOISTERED 10 DO BUSIESS IN PllkIN COUNTÂ¥, COLORADO, TRACT W HEREBY CERTIENS THAT -THÂ£ THOSE USTED AS OWNER OIl â„¢IS MAP HOLDS FEE SIMPLE ONVER, GRJFFITH PROPERTY LLC. A COLORADO LIETED LIABILITY COMPANY. h OLD RAILROAD RIGHT-oF-WAY 21 3 ma SHEET 1 SUBDIVISCON CERTIFICATES AND VACATION DOCUkâ‚¬NTS TmE To THE REAL ESTATE DESCRIBED *REON, (BY RECORDING RECEPTION NUMBERS). DESCRPTION: FREE ..0 CLEAR OF ALL LENS AND O,QUI.GRANCES EXCEPT FOR UENS oF TE WORTGAGEE THE GA/'TH PROPERTY, LLC. LOT SPLIT SUBDIVEON. EXEMPTIN AND CONDONÂ®UM 2 49 a{ . &- SHEET 2 su,DIVISION LOTS (SIZES) NA,IFI WÂ·RFON PLAT. TES DOCUiENIT [S RECORDED AS RECEPTION NO. 477899 IN THE ATKIN COUNTY # u z p~PERTY TO BE vICATO 9 = 57 OFACUL RECORDS. 11 1 SHEET C 1/3 SINEUATIC UTILITY PLAN & PROFILES ALTHOUGH NE BILEVE THE FACTS STATED ON THS MAP ARE TRUE â„¢!S CERTIFICATE 15 TRACT '8 SHEET C 2/3 ROAD PLIN MASTER LAYOUT & DRAiNAGE NOT TO @E OONSTRUED AS AN MITRACT OF TITLE NOR AN OMNION oF TirLE. NOR OWNER, WALNUT PROPERTY LLC, A COLORADO WTED LIASILITY COUPANY \-~WW-=4--j 2,~ANTEE OF TrUI, AND IT IS UNDERSTOOD AND A*ED THâ€¢.Â·T _.-%64.rirk____ DESCRIPTiON: 5 89â€¢20' E 1 31-lig'' 8 SHEET C 3/3 RCAO PLAN & PROFLES .1.1*U..01_81.4,f/1 1Â©A._____ 1â‚¬lllÂ«R ASSUMES NOR WLL BE CHARGED WITH ANY EXHIBiTS 'ALI '8-, AND V OF THE DOCUMENT RECORDED AS RECEPTION NO. 491096 OF FINANCIAL OBLIGATION OR LIABUITY WHAT SO EVER ON ANÂ¥ STATO,!ENT CONTAINED THE OFFICIAL RECORDS FOR PiTKIN COUNTY. COLORIDO. SHEET L 1/1 LANDSCAPE HEREIt TRACT ~C' Â«4 7510-7*ACE-STREET . 5 7*uâ€ž.. A F.L.ob 41/45 1 .A,- ' OWHER, WALNUT PROPERTY 11, LLC, A COLORADO UMITED LIABillY COMPANY. PRÂ£541&1 OF T*LE (464*rf DÂ¢[E DESCRPTION: EXHIBITS ~A- AND 7 OF THE DOCU)Â£NT RECORDED AS RECEPTION nO. 49 097 OF THE 1 , 0'l'M #F- 1 2 OF'FICIAL RECORDS FOR PlriGN COUNTY. COLORADO. 5 59'20' E 12100Â· '. STATE OF COLORADO ) TRACT O- 0 1 I COUNTY oF Pilk-1.-) OWNER. WALNUT PROPERTY IM. LLC. A COLORADO LIMITED LIABIL[TY COMPANY. . )ss , 1 4 1. DESCRIFItCH: E)(leBTS A" AND 7 OF THE DOCU,ENT RECORDED AS RECEPTION NO. 491098 OF THE 11 1 3% 111 - . ..;'... L ..i '.4 itft..:K~J>21j~!i~~â€¢~~REON WA,$~~~D~~~A ~5.THIS~A~~ , lF'4" As OFFICIAL REC0RD5 FOR PUKO, COUNTY. COLORADO. * 4 (4 E- ' - F...90.,er Am Fl OF El .Â·. 1.: = ~~ GARAGE 4 &11 4' 1 5 I i ; w ~~ 42-21 litff' 1 Â·-i - ,. ,-W - 4 1 Â·Â· (TITLE COMPA}CO TRACT E OWNER. WALNUT PROPERTY. LLC, A COLORADO WTED LIABJUTY COMPANY. LOT 23 1 4 F.4:*r 4 'Ek, r.\ < .r co'WISSION Exp-st 1 - 1 -010 DESCIdF ION: WIT,t EXHBI A~ OF THE DOCUMENT RECORDED AS RECEPTION NO. 498074 OF THE OFFIC;AL 1 A W 1 -1,-4 N ....4.... . a. -h 2 1 ....E r . n . W RECORDS FOR PITKN COUNTY, COLORADO. - RECORDS FOR PITION COUNTY. COLORADO. LOT 22 NOTiRr PUBLIC TRACT 7 OWNER. GRIFFITH PROPERTY. LLC, A COLORADO UWTED LIAILITY COMPANY. r . * 3 IV..1.9,. -9.N~ .- 1%*t-f-MA Ib ..22:41*\ DESCRIPTION: . EXHI,T .A- OF IHE DOCINENT RECORDED AS RECEPTION NO. 498005 28 *2 oFficiAL DOES HERESr PLAT THIS REAL PROPERTY UNDER THE NIUE AND STYLE OF THE 701 724 ..9 -, 1:.0- CROSSING SUBDIVE'ON & VACAHON PLATÂ·, CITY OF ASPEN, RTKIN COUNTY. COLORADOÂ· E EXECUTED THS _i~.DAY oF J JOâ‚¬ zoo-Â£_. 31 1 BLOCK 3 -Jâ„¢---------/Zh-- A CITY ENGÂ»IEERâ€¢5 CERTIFICATE Fd W $09 2 ;~;~2&*eÂ·~Â· ~ ~~~bp APPROVEO BÂ¥ THE CiTY OgEER OF â„¢E CITY OF ASPEN. COLORADO. TIS 1.Z-Â£&- DAY OF WALNUT PROPERTY. LLC Hau.,..~m- .h.4.2.'. L.Jal.u<Â·2~SUeÂ¢:7,(71LLC- Â»C -3.Â·4 1 .- Â£* *..' 1=. :,Â·4 '.34, Â· Â·Â·UÂ· 0 J OWNER(S) REPRESENTATIVE OF ;{*(446- 1 C- #4.-e G.10.2/ j RÂ·C, THIS PLAT OE THE -FOX CROSING SUBDIÂ¥$510N & VICATION PLAT- WAS REWEWED AND GRIFITH PROPERTY LLC 0*.le P .1,44.----_. 2001.- WALNUT PROPERTY 1, LLC Wt WALNUT PROPERTY Il, LLC 4 'i 1. ho.\ .04Â». / 1. ./Â»2- 62,44 WALNUT PROPERTY 111. UC 4mr EN-EER 4 -7' 4. Vu Â· ' STATE OF COLORADO ) 00 . I COUNTY OF 464-7 SCALE wi:*.e,f - t,/-h .Â·Â·~ -hUR ~, r-)\ , : f Â·3'~'9'i-~'~.: THE roREGO,t,CERTIACATE WAS ACKNOWLEDIED BgFORE M& IHIS, O6Y OF NOT TO SCALE _*~ 2001. BY r '4.Vy.'.H!+ Â·1' r:,jf, REPRESENTATIVE OF THE -'/AUNUT PRDPERTY LI,cl, ~WALNUT PROPERTY 1, L.LC, "WALNUT PROPERTY 11. u-Ct WALNUT Â¥{CIN[TY MAP Clldl*ITY DEVELOPI~ENT DIRECTOR'S APP'ROVAL PROPERTÂ¥ 11~le-, IND GRUITH PRAPERTY, LLC. THS FLAT OF THE 70% CROSSIO SUSDIVISION & VACATION PLAT- WAS REVIEWED AND .Y CO-SSiON EXPtRES ::&444 2,6031- APPROVED BY TE DIRECTOR Of THE COIAUIETÂ¥ DEVELOIENT DEPIRTMENT OF THE CITY OF , Wir~,2 - HAND *S OFTÂ©ti SEA ,,t ASPEN. TIÂ·ll .~47 DAY of.ZI220__- 200-5. %=D,UÂ«/4@*6 6-0-' - THEECE~Y~~ A~~M,~;:1.DRADO, A HOWE RtlE COLORADO MUNiC'FAUTY. FOR A GOOD AND RACE STREET VACATION CONVEYANCE ____ 014.Wt lkL 8. - ' F I 1**ARY PUBUC J VALUABLE CONSIDERATION, M RECEPT *te WFFIENCY OF WFUCH *RE HEREBY THE CITY QF ASPEN, COLORADO, A HOWE RULE COLORADO MUNICIPALITY. FOR A GOOD AND DIRECTOR ACKNOWLEDGED, DOES HEREBY. QUITCLAN, ABANDON AND RELIMQUISM ANY AND ALL RIGHTS VALUABLE CONSiDERATION. THE RECEIPT AND SUFACINCY OF WHICH ARE rEREBY ..... . :.. Â·Â· '- 49 TH*, IT KAS TO THAT PORIE,ON OF 'RACE STREET. WIÂ«CH -nON (S LEGALLY ACKNOWLIDGED. HEREBY SELLS AND QUEECLAihIS TO WALNUT PROPERTY. LLC. THE FOLLOWING ..44242: DESCRIBED AS FOLLOWS, REAL PROPERTY N PITKIN COUNTY, COLORADO: A PARCe OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECT!014 7, TOWNSHIP 10 A PARCEL or LAND SITUATED IN THE SOUTH WEST OUARTER OF SECTION 7. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE SIXTH PRING/AL WER,DIAN. PITAD, CÂ®NTY, CWDRADO. Sount RANGE 84 WEST Of THE St)(TH PRINDPAL h,EmDIAN. PITK21 COUITY. COLORADD. DEOICAnON oF RIGHTS-OF-WAY FOR UTIUTY PURPOSES THE PARCEL BENG DENTÂ¥lEo AS A PART or RACE 577[ET. LOCATED *Â» TRE WILUAUS 114Â£ PARCE{Â· BEING IDENTIFIED AS A PART OF RACE STREET, LOCATED IN THE W{LUAMS ADDITION. IHE PARCEL 15 MORE FULLY DENCRGED AS FOLLOWS: ADDION. #HE PARCEL iS IAORE FULLY DESCRTSED *5 FOLLOWS: UNLESS OTHERWISE SPECIFIED, ALL UnliTY EASEMENTS. AS WELL AS ALL PUBLIC AND PRIVATE IGHTS-OF-WAY. SHOWN HEREON ARE DEDICATED TO BEGINM]NG AT THE SOUT#*AWERLY CORNER OF TNE PnOPERTÂ·r O%Â®Rim AS PARCEL 1 OF- BEGINNING AT THâ‚¬ SOUTHEASTERLY CORNER OF THE PROPERTY DESCRIBED AS PARCEL 1 OF ASPEN CITY COUNCIL APPROVAL- 11â‚¬ PERPETUAL USE OF ALL UTITY COMPAMES. FOR THE PURPOSE OF THE BARGAN K SALE DEED RECORDED AS RECEPTIW NO. 491098 OF 11 OFFICIAL THE BARGAM, H SALE DEED RECORDED AE RECEPTION NO. 491096 OF TE OFFIAL 045â„¢LUNG, CotÂ¢STRUCTWO, REPLACiNG, REPÂ·KW~Ge AND WMNTAU*INS RECOWEI FOR PITKIV COUNIY, COLORADO, IFENCE T}Â« 1934 BUREAU OF LIND #INAGEMENT RECORDS FON MTKIN COUNTY. COLORAÂ®, WHENCE THE 1934 aUREAU OF LAND MANAGEMENT THIS PLAT OF TIE *FOX CROSSWG SU@PMSION 1 VACATION PtAT' WAS RLAFWED At{D UNDENGROU/D UT:liTIES AND DRAINAGE FACILITIES, N{XUDING, (BUT BRASS CAP MONUMENT FOR IlÂ·IE CfWTER OF SAP SECTION 7, (NOW WARKEÂ© AS A SPECIAL BRASS CAP IONUUENT FOR THE GENTER OF SAID SECTION 7, (NOW Â£4RKED AS A SPECIAL- APPRyED BY TIE CITY OF ASPEN, 9,1 COUNCIL ON THE ..6* DAY oF IUSCE=L_-- NOT LIWITED TO), W *TER. IWER, afeTRE, I AS. TELEPHONE, AND PURPOSE ~OUMENT, (SPU)). BEARS NORTH 01 DEGREES 02 -JIES M SECOND$ EAST, A FURPOSE WON/*,IENT. (SPW)), BEARS NORTH 01 DEGREES 02 MINUrES 51 SECD,DS CAST, A 200-4 ,'*UANT W THE APPROVAL GRANTED N ORD.4.NCE NO. 5-0 TELEÂ¥!ION LiNES. THIS DEDICATION SHALL ALSO INCLUDE THE RIGHI IsTANCE OF &19Â·24 FEET, THE 1978 4Â£*U OF LAND MANAGEMONT BRASS CAP KNONENT DISTANCE Off 819.24 f EET, T}E 1978 0(REAU OF' LAMD WANAGEMENT BRASS CAP MONUMENT SERIES OF-#gÂ£*41- IND RECORÂ©ED AS RE[EPTION NO, _ oF THE REAL oF INGRESS /0 EGRESS FOR SUCH BITALL-KNON, CONSTRUCTION, Foi! St CENTER qUARTÂ£R OF SECTIGH 7, BEARS Sellâ„¢ 67 DEGREES 21 â€¢INU7ES CAST, A FOR 54} CENTER QUARTER OFÂ· SECTEGN 7, BEARS SOUâ„¢ 67 DEGREES 21 W?//TES EAST. A ESTATE OF MTKIN COLMTY. COLORADO. REPLACEWENT, REPAIR, AND MAI,TENANCE, AS WELL *5 THE RiGHT TO ISTANCE OF 094 CHAÂ»,19 FRON BlE 1954 MONt.4â‚¬ATÂ· DISTANGE OF 0.04 CHAINS FROW THE 195.4 1,10,taerh StGNED 1;0 1~F. DAY OF b:&93:ZL..4-20~ TRÂ»,f INTERFER#,G TREES AE BRUSH, M NO EVENT SHALL THE UrLITY THENCE NORTH 86 DEGREES 55 *diNUTES WEST. A IMS~ANCE OF 97.98 FEET ALONG â„¢E THENCE NORIH 85 OEGREES 53 NINUTES WEST, A 0!ST.UIGE OF 97.9# FEU ALONG THE COMPANIES EXERCISE THE RIGHT HEREIN GRANTED 50 AS TO INTERFERE SOUTHERLY PROPERTÂ¥ aolÂ®ARY IS OES*BES, ON DE DOCUMENT RECORDED AS RECEPION SOUTHERLY PROPERTY BOUNDARY AS DESCRIBED ON THE DOCUENT RECORDED AS RECEPTION WITH THE USE OF THE RIGHr-OF-WAY FOR ROAD PURPOSES EXCEPT TO TI NO. 491095; NO. 491096; -FOR EXTENT NECESSARY Te ENJOY THE GRANT HEREBY MADE. DIENCE ALING * CURVE TO W LEFT 34Â·11 Â·FEET. THE RADRIS BE'N,0 234.30 FEET. WITH THENCE ALONG A CURVE TQ THE LEFT 34.11 FEET, THE RADIUS BEING 284.30 FEET. WHM A CENTRAL ANGLE OF W DEGREES 52 IÂ«NUTES 31 SECON@ THE LONG CHORD BEARS SOUTH A CENTRAL ANGLE OF 08 DEGREES 52 MINUTES Bl geoteS, Tf LONG CHORÂ© gEARS SOUTH lial,tot,-Glh#ApktÂ«/- 53 DEGREES 28 heKITES 4, SECONDS WEST, A DISTANCE Or 34.09 PEER 83 DEGREÂ¢; 25 MINUTES 40 SECONDS WEST. A OSTANCE OF 34-09 WEET; '*170%0 rf Ct*,1/RE,f' , - TMENCE SOUT< 89 DEGREES 20 AAÂ»IUTES EAST. A 0151*NDE Of 131.59 rECT; T)*Neâ‚¬ SOL,Tk 89 DEGRCES 29 hleCTE* EAST. A DISTANCE OF 131.59 FEET; THENCE NORTH 00 DEGREES 40 hmeRUTES EAST, A DISTANCE OF 10.75 rrET to THE POWT DENCE NORTH 00 DEGREES 40 ENUTES Â£*5i, A DISTANCE OF 10.75 RIT TO THE POINT oF BEGÂ»*MG. OF BERANG. THÂ¢S PARCEL DESCRIPTION CALCULATES TO CONTAIN 819.05 5QUARE FEET IORE OR LESS. THS PARCEL DESCRPTION CALCULATES TO CONTAIN 79/5 SQUARE FEET WORE OR LESS. TS DESCRIPTION WAS WRITÂ·101 Bri THIS DESCIPTION WAS WRITTEN BY: LOUIS H. BUETâ„¢EN SURVEYING LOUiS H. BUETTNER SURIEnNG 0040 WEST SOPRIS CREEK ROAD 0040 WEST SOPRIS CRIK ROAD SURVIVOR'S CERTIFICATE BASALT, COLORADO BASALT. COLORADO 970-927-3811 970417-3611 I HERÂ£VY CONFAM â„¢AT THIS WAr ACCURATELY DEFWTS AN BOUNOARY SURVEYS PLAT CLERK AND RECORDER CERTIFICATE PENFORIED UNDEM WÂ¥ &(PER,~mON W 9/2002, 3/2003. 12/2093. 7/2004 OF TIE AND ALL BGHTS OF THE PUBUC IN /110 TO THE USE OF SAID LICE ARE RELEASED AND TOGETHER WITH AU ITS APPURTENANCES AND All THE ESTATE, RIGHT, ITLE, INTEREST PROFERTY D25CR16ED HEREON. 1>E LOCAT10% A* DÂ»*ENSnNS OF IHE PROPERTY, THIS PLAT OF THE 7011 CR05SWB SUBDIVION & VACITION PLAT WAS ACCEPTED FOR EASDENTS ANC) RGHT@-OF- WAY 01 EV~NCE OR KNOWN TO ME AMO ANÂ¥ NFRINGEMENTS BÂ¥ RECORDING IN â„¢E OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF FTKIN, STATE TERIAMATâ‚¬OÂ· OR ON THESE PReWIES ARg CORRECI.Y SHOWN. THIS SURVEY WAS CONDUCTED IN MANNER oF._pLIRADO, AT __3M.9__ ___.57- - O.clocK 8-.14. THIS 20- DAY OF â„¢AT THE NAI*~31681 CLOWRE WOULD BE SETTER THIN 1 114 to.DOD. THE SURVEYS -,-41.02----- 100=:Al . ) WERE CONÂ®0*@~Â£~*1Â¥ WITH nE COLORADO REVISED SriTITES TITLE 38 ARTICLE 51. I'%5YtA~DED IN BOOK _.*01-L_ ON BAGE Â£22-2il --. AS REÂ¢EpnoN wo. BY~~ ATESTs:~4- '24*46 .*&*>49 7 h...P.M---Â· L il-L.ld* _44 CITY OF ASPEN * - - Â·Â·Â·- Loul**>EU* LS lit94 I w. * 4s# :3 FH~mmNMH,MHHM,1,- OK'[,0 / f f *+44 Â»ovt 41,>(05 PlrKIN COUNTY CLERK AW RECORDER , DA15 l .... R ..0/ 00 00 I =--*-*- *Eme=628:3>E~E 20& TH,11 IEN '~m mON 1HHOATE ~F U E * A~11 mE- -EDL SHEET 1 0[ 2 ADMIS = 28430 1 . 0 0 0 CU#WE DATA FOX CROSSING SUBDIVISION & VACATION PLAT 0 - 48 A (4 07 CIO C;3 SECIKIN 7, 76*719- la SOUIH, NA344Â£ 84 WEST Cl THE SIXâ„¢ PRICPAL hERIDLAN , DILIA = 12'47'35' 0Â£LTA * 922'01' DELTA . 45Â·3059' DELTA . 21*12'to. DELTA m 95-12'49~ UDIUS = *34.50â€¢ RADIUS = 27.0{y RADIUS . 47Â·*9' RADIUS = 47* RAPAUS * 334.30' CITY OF ASPEN PIT)(01 804Â»11Â¥, COLCÂ«ADO *Re = 74.GS' ARC - 36.31' ARC â€¢ 38.16' ARC â€¢ 17.72' ARC. 31.19' CHCU,D = N 80'20'ItÂ» E CHORD = N 24'33Â·30- W CHORD - S 55Â·03'30- E CHORD 5 S 2139'SG" E CWCM) = S 10Â·1574- W 74.52' 33.79Â» 37.15' 17Â·6r 31.38' Â»TA - 0~2Â« DELTA â€¢ 19'12'30' DELTA , 80'30'44 DELTI . 23'13'19~ DELTA = 80Â·29'45' Â¤ Ce Clt C14 RADIUS I 334.,0Â· RADIUS = 314.301 RADIUS = 20.tv RADKUS = 334-30' RADIUS = 30.50' % , 13.6/ 1.Re . MR g - 1732Â· ARC . W.49 ARC / 42â€¢77 CHARD , 1153-48%* E CHORD - N 23'48'55" E CHORD = s 29-Sllf E C+CAD â€¢ 5 03-RPM- E CWORD = s 79Â·0257* W 104.911 26.35' 134.57' 39.35' HUNTER CREEK CONDOMINIUM C3 CG CD C12 Ct5 DELTA a 03Â·58'19' DELTA . 2,10'58Â· DELTA = 04 34'51' DELTA = 11'36'52" DELTA m 2913'20' RADIUS = m.30' RAMB - 334.30' RADMUS = 33.,30â€¢ RADIUS I 29.00' RADIS = 49.00' ARS = 23.18' ARC = 123.57 ANC = 26.73Â· ARC 1 36.18' ARC = 24,99' m E) MARKER 8,8*' CWORD * N 4/47â€¢31- E CHORD - N 02Â·25'53r W CHORD . 5 13Â·16â€¢0' W CHORD = S 34'3'I/ E CHORD = N 75*23'2(r W ~~; M 4011â‚¬ WOF THIS 269 /2237 2472' 47.78 24,72' SURVEYORS C:emER FOUND MARKER 0.82' LOT 3 6 TO HAVE gUILDING ITBACKS AS SHOwâ€¢L 4 SURVEYOR'S CORIe N 65Â·28'18- W OF THIS S 897040*Y E 25.58Â· , 3= IZ . LOT 1 //----72Â£2%iar--3 6 W 2 9347.3487 SQ F... â€¢ LOT 3 .4 All : E: ---__ 5.40'... : Â» ..00. W l'W/-<Immer/'BII 1* S. 0 6514.S#73 SO. Fr. I 8,5 51* F ----- M 5 HUNTER CREEK CONDOMINIUM ~ Flje!&0,2 %8Â£,Â£Â¥1~-_ - a~ - 1 1-/1 gÂ¥ Immir -, .Ugy#&7 1 - STREET =GHT - OF - WAY & i RACE STREET %1 't . 1 Il -69 -4, ' 1,1 1 41.. S Â»9-20'00' E 123 Co' S UNGÂ·00. E 184.33' 3 81'20'00 r 46.46 C WITNESS come 4 "Â·34'. 6010.7572 SQ. FT. i LOT 4 k %f t: OF ROADWAY AGREEMENT 5/r STEEL ROD WITH $ 4, YELLOW PLASTIC CAP MARKED ~ 8t*:TIPER 13*5 WC r e. 2 N.... I u co*r'* 1 ~ LOT 8 : LOT 2 k /26* LOT 13 . -4.4795 %. FT z 7600 St FT. â€¢ ; .,2 0,4 14182.7786 S; fTÂ· I : 2 4144 g Z N 0#'20â€¢00- Z I2.0.00' : 4%< LOT 5 ill %42-11 6015.87% SO. FT. i Ima 0! T- 102 75 ,- 08 : 32 j~ N Â§9'20'00' W *aloâ€¢ ,~w . 1 N 89'10'00~ W 123.42 - /6Â·59Â·linfr E 20Â·00- E :8.10.art.5,4, CA N 1/41' W 20.. 20' PRNATE DRIVE (WALNUT SrEET> / 3/.Ir s gi BLOCK 3 - -ar . f / FOX CRO*SING # i ADDITION ~ 24 WILLIAMS ~ ;MEADOW/ plaus mal b 92~. 0044.27*4~ s,S FT i e LOT 6 $ 60Â§13808 Sa FT. : 8 1 32 /Â»6 : LOT 12 75<.~02 SO n z ;H .9Â·10Â·00. W i 1 . 2 21.8/ H 1920'00~ W 83.41 5 # WEST 9157 LOT 9 , f /*/ i} S D'WOO. E 107.25 k EAST%// 4 0 N â€¢.7-4,00' W .. LOT 7 3.73 D. D 1 a 4 - , 4 . 4 0 -Â· 1 / MWUC TRAA 1 8 Goo,AII, IO. FT. 2 gh # 4- 0. ~~0Â· w:85W Â£~A il7O~o- w 54.49Â· N ~ 29'90~ w 107-28' ..1/9/ ~ 1 LOT 11 12 1_-MN 4 Ide@40 50. FT r 0040~Wa4,37Nt*Na,ENy 0 19!0' E) BLOCK 3 B 4.W %/Chm' WILLIAMS 118 g: ADDITION N 1 NOTE .1 Â· PER SUID!Â·,!St,/ AGREE*:IC. Ir 3 -'. Aâ€¢Eâ€¢ OF ROMWAY AGREEWENT ~ ,.1 DOEN NOY AFT-ECT LOT AREA. 3 ~1 0013177. 04 FlogR *REâ€¢. ~ 'Â¤1 ~1 1 . 4*,M 51& Ke e *6 LOT 10 SCALE .. 30 YELLOW FLASTIC CAP MARKED 9676.1150 SQ. FT. I gk #' 16 & VOURD WA FEEL ROD Nlinl ~0 /0 YELLOWÂ· PLASâ„¢ CAP MARKED < ALMNE 9184 Ott 20151 ~ FOUND WIT<54 CORNER UO*laâ‚¬#4Â¥ 1/ As DESâ‚¬11*ED CT~c~ISSâ€ž~2~7~~~ *,41,, CORNER N BF20'00' W 30Â·f5' w GESON AVENUE 1,1111111'111'Ill"11 -/2./2605 09 07; 511410 Page 2 of 6 51.VIA 0.'45 plâ„¢Ih 0.1. co . 610/ c e .0 1 SHEET 2 OF 2 1 . . <Mill' 40;idelllIP Li f j ~ MATERMAW COAE TABLE BTES.Â· 1, SURVEY iNFORMAT]ON, iNCLUDING TOPOGRAPHY, PROVjDED BY LOUtS H. CURVE AOUS LENSÂ»1 \ ]*NGENT CHORE} \ 85*RING Jant BUEFTNER SURalNG. 0040 WEST SOPRIS CREEK ROAD, BASALI, COLORADO 01W 572.99 40.00 \ 20.Crl 39.99 674Â·23'07'W 4,0'00- 2290 1 17.*9 22390 N5542'42-1 217'22~ HUNTER CREEK CONDOMINIUM 21621 970-927-3611. HASE At#P LAHELED AS PREUMjNARY DRAW}NG. NOne 2. MCNNUM STREET PROFILE GRADE MUST BE 0.75%. *DWI' N WIZER,/ COPM TABLE ARE MED ON 7 DEFLECnoN FOR A 20' EPE LENSâ„¢. 3. PEDESTRIAN UÂ©Wt EASEMENT SHOWN E SCHEMATE SEE LANDSCAPE PlAN FOR ACTUAL LAYOUT. lz-q *MIERAWN NOTE: DUCTILE IRON PIPE (D.I.P.) TO BE USED FOR 1 4 - -- - -.-- ~~~~~T~~ 7 1 ii~"E' El(FF~2â‚¬ 4 ALL NEW WATERUNE iNSTAUAT?ON. ALL F}TANGS TO BE MECHANICAL JOINT RESTRA;NED W/MEGALUGS AND THRUST BLOCKS. FINAL DESiON MUST BE APPROVED BY WATER r N. LOT D $ C 4 5 @1.-Â· DEPARâ„¢ENT. - al ? 0 01 /1,1 LQ* 3 SANJTARY SEWER NOTE: 1. SANZTARf SEWER AUGNMENT, PIPE SIZE AND ma"9 4 / ~ . TRANSFORWERSE . 1 1 1 N 14*001; . 171 40 - fRUM.= Le=14/ i f~/~ <50 0 10 50 m MATERWL AND GRADE MUST BE APPROVED By 5 60,4 M /9.1.-_ 2, Â·Â·P~ - ACSD. L _-___ _1242*09 NEW SEWER WH #1 / * 0+00 2. FORCE MAfN SERViCE UNE iN RACE STREET HUNTER CREEK CONDOMINIUM INV. 0 55.1 SUBJECT TO AN ENCROACHMENT LICENSE FROM RN !00.5 5Tk O.go BEGN 800 11417ZRMN /NSDALLA776* ~ 3 LOT 4 '~ Â·f~ ~1123*4Â£ - - r.med-E-Tze.-9 f.7\ 1 V / THE Cay OF ASPEN RECORDED #N BOOK ___. . Â·Â· L-'~ . ~~574.E2-.rge. 9-IL--Â·- - 1 ..67.07 .WE- Â· / E Â»37.74 PAGE .-Â· RECEPT?ON Ns. - OF THE -- - r - -Â¥risni:- .7*7- -- r s Â»20* t.3 . , 34~ : CONNECT 2' F-ORCE MAIN RECORDER. RECORDS OF THE Pm<IN COUNTY CLERK & 8./8.0 TEE CONNECT TO EMSDNG 87 Â¥*ATEBWN $ 4 ~N_ m AE. 8. p,â‚¬ SEWER (SEE WATERMAIN NOTE MS SHEET) 1 , - , Â·Â·.Â¥ A~- 3. er + 1 149 (1) 8)*6*0 REDUCER Â· Â·Â· Â· ST* 0+05 19 4,. R NV 95.05 (27 8~0 9612/0 SLEE-PE- COUPLERS I Â·-'1~ \ â€¢~~* Â· ~t-f '~T-919 -'1 52)87 0472- WALIâ‚¬S' Â·- â€ž :.~ 1. d,1. *11% 2 2 i.1 : *-r. 7 m a ra~ \: 3 :'{ ~.r; Â· : Â·0, 5, G47Z- 04Â£1/E My*78â‚¬ 9750EMAn . .- 14 +-4-~ . . f....11 11.: ~ LOT 2 i 'f 1 W .14 20' 1-11: .i 1 z F 0,1 8'> GITE WILDE \i \ LOT . ; i..... *... RI ' Â·Â· SUÂ· -0+04Â· 0/S 2.34% 1 ~ , - 25Â· . al 1 7,/ PawSAL...... f . , /Â· 1 1 6/ 1-- 7Â»1 i...f 1 91 i \ i >i~~ '840 11.25' 9.- -"2.~~5.ma~,~4*,~..Â·Â·~l .-/_:, ~~~ ~ ~Â·:/ b i LOT 5 L.~ t-- ---3 41 k.*1=s=tjuÂ£.--j .eÂ·~g'oÂ£-*_~z:.oÂ£.Â·u ~1 g ~ .i~ 4012 INE %*RS N 74-28-38 E FOR A Â·Â· 1 ,% 41/ 1 +01.*n 0/3 2.20L 7\ f , r-J \1 : OSTANCE OF 3' TO i OF H.25' BEND. 0 9 1 % i m j.Â·' 2_~~ fUniE-E7- L,S~T EX. SEWER MH %785~3, ft i Â· ~W A *- I, A Â· FLOW UNE 94.2 ' I 57* O+88.39 1 0 4 NEW SEWER MH #2 Ra# 7Z 7 1 ~ 04-cO BLOCK 3 I ':, ARK Â£21 ' .af '1 i ' prt' m . 70.52 Sa 2+09,A2 WILLIAMS L ADDITION Ava;t.szp'Â·Â·.,itaE,~40 ' l.4/ 21, A ~ Â·' - Â·\....Â·- filk#IEADOW,t- / 1 6* ME~TW# i j ij/ ; . LOT E--il ' A: Â£ ~ 1, NEW 800 PVC SEWER UNE (SEE PROFILE THIS SHEET) 8 3 , I.[07 -1 2 r : . ... 2 - ,%16..i - 75?~ . 16\\ 4/ 1 Bi '. ./ -: R f .1 : 1--4 1 / if : ./.2Â£2lÂ·~Â·-~~~~~ $ . {4 4 ,~ Â· Â°< 4,0 .UR . /,H-b-- ..LOT 2 - i % S 1 \\' 44 77,,110*, . ....810 #50 44 1//// f 1 104 STA 574: 2,8 " . 1 7 â€¢ Â·Â·. Fk 2+35.49;Â·' '_ 1 1 r + Â·L.;4... i, fl *,- 9~T i:r-ER+*wrÂ· CWS,2441 1+1 ' 11'43'44 .~~uÂ°;0mf~ ~ ~j&;~2:~ MHÂ· ~ LOT 7 1 1 49=22.9/-1 , 1.i 7 100 n NEW SEWER MH #3 1 < JpUrâ€¢my.4. an'16.90'L.,Â·-1...F /20.W UNE 849 1 1 12 ' Z !1 *4 1 Râ„¢1 79.4 .i P , PEDESTAL s rn ~~~. -~YEDESTAL SIX- 2+Eze , . r~ ~ ..; 4-~ Â·Â·~ ~ ~~~ ~Â·,~ / 1:.="Â° .. I NK O 70.52 1 ~ | ~~4 TELEPHONE B61W 5~'*= < 1 St %%= 1 \ 1, 1 1 A YaÂ·" pi.- 1 1 WE~ZETT-+ 1 es in GEN*#fl,4.-wj..8~c:: W 58:301_ _TrirwiawÂ· W 54.49' -- -- Â·--2- a.am:rt,oLU.- 1-_I ~Â°poâ€ž,-, POLE- w.'9292=====;;IL E 4581 61 C 9 4 â€¢ A LOT 11 i .Â· , *k **d-Â· 1 : 'Â«~p T~ - 1 r ZELEPHOE ELECTRAC MH~ \ OPOWER POLE Â¥Â¥ 14 94?20 1-- INV OUT 94.10 8 8 1 Â¢*?' >Â·Â·Â·c=zaue 7~-11-#(AGOÂ£2470 Â©- 71/ pEnemÂ£ EX. SEWER WH 1 <-914.-4Â·124-I ,Â¤~2:EStAL STREET LIGHT 92 r Obst,I* 0,1,8&* ELE,V#~A mM 74.0 ELECTRIC MHS...j u ~ i NEW SEWER WH #4 FLOW UNE 66.0 2 41>~ 1% le . 8.01~ 14Â¢1407 441 J RIM 77,1 r ...Â·'9"7*L AOSE 0./.P. WA;ImiliV. TELEPHONE *00 f i END NEW 8'0 9011 S,EV I / F.85'ME} leaLNE â‚¬18'710' \4 >c -- ./ .4.2 .7.1 1-4 -ele .3 '.t . \ '0 14,; N,T.A.=. ,CONNECT TO EXEANG WATER Et>CONDUITS 9 mi 0 0 M .1871.33 '4 . 1% / MAIN. (SEE WATERMAIN NOTE THIS SHEET). 2 2 4 2% 1Â·% t MIA L Â· E 4470.19 2, 1Â·Â· 9. E . ELECTRE (1) 8'# GATE VALVE -TRANSFORMER l.-_-1 - Â©- 44~.. 1 u.rf Ex FIRE SOLÂ© 51.EIVE COUPLER â€¢ m: 3+81.08; 0/5 124. (1) 8Â»0 SOUD SLEEVE COUPLER 8*SEAL % 94 -* #8 tv% 0+00 0+50 : Â· CLEVQUE -1 j ELECTUC -:/ \ _--HYDRANT INV O 2A='.t-t-0 PROPENY BOUNDARY CURVE BATA Â»4 \ .1 >90 , ~ METER 1 ,Â· 1:Â· i i..= i , AV072Â· 784AGm?VER 1 19 164/ c I ca c3 0\. . ~ DELTA = 12047-55~ DELTA = 04002'54- REPLACE DUSANG WATER BLOCK 3 SPRUCE STREET SANITARY SEWER ::11==Â°:;5~?" ekÂ«.1Â«Â« f.. 7401 ;4 ~3.~ . 144<.14Â»19T__19_:Â· - --1.1 '1.f'miew SERVICE TAPS AS REQUIRED. WILLIAMS RADIUS = 334Â·W' RADIUS = 334.30 ARC = 74.68 ARC = 23.62' ARC = 23.18 1- - 4L:.1.~-':*%2---4'7+-Â·011 u CHORD = N @C}.29'or E CHORD = N 53*48'080' E CHORD I N *47'31- E 4,3\ Â·~ ADDITION NEW 4'* U}443 74,52' 23.52' 23.17 1./ . \ ST* 0+511* V~ 7 + 441\ \ \ 3.41,.- \.1-y-le it- . .4 ----------- --- .09271 4-4 &~ IDF~ 1 -. SIA YA: 2+09.62 \ (26 02 (11 , .... 19... 1-+71,- 1 - : : 2 '24 Y 50 .Â£@7 4' Uff/4 ' -2 1.-4.2*Â£22 1. L _ . .REW 4.0 +1#2 DELIA = MINS'55" DELTA = 60*35'42" DELIA = 23/13'18" I'k.~4 \4~Â»%1--,4 r:'7*4 ~, g~~-2 -441 ~ 76 RAWUS - 334.300 WM = 26.H' RADIUS = 334.30' ARC = 123.59' ARC . 27.62 ARC c 135.49 I .... 9.Jra4 CHORD = N 02,25'53" W C+ORD = S 29,38'21" E CHORD = S 03,27'05~ E 26.15 154Â·57 - 0& & . It*11 i :1 11 ~ 72 Â£=42 C\\<. 1.->zhwakÂ¢%-Â£+~Â»11.i U _._..__._,~zzzmzzz~==:3221226..T -MtÂ»---- 057*0 BELE T.V. ~4 NEW Gâ‚¬Â£ Iklf 3-, L 1 j ---------Â£=mâ€¢â€¢=OFWI 7 D#eoST SLICK ~ EE!Â£.51251-ME INV OUT 70.52 1 cs SCSTLI@ 4*S O NaÂ¥ 4 * SEVUE WH Lirir.m-11.311#1 4% G/jo - 6 MSTIVS 96*9 O PER PUN LABEL \ V ~ : -CtÂ· ~ ~'~-t.kaÂ·9-0 rV PEDESA ~dÂ»â€¢Gâ€¢ 1Â· - C Â¥ERT. cvâ€ž, r. I -Â· .30 az- - 2------ 95726 1104?E? ~2 PER PLâ€¢N 64821 64 - - - PROPERPY BOUNOARY A DEANG ARE HYD= LOT LIE * NEW ARE HYD#UNT . I- D1571Â¥0 Â¢O/72LAâ‚¬ Â£15*DOM ff-;, Of 1 //~9Â£2 a~EMU~- wV NEW SECTRKA &â€¢S, AHONE NEW CAmt BASINADRWELL \ EX. Â·SEWER WH 9: & 7:K ~\Â·Â·Â·Nx -t---4--0 RAW- 89.0 8 FOUNQ 5/4' STEEL ROD WITH Ex. SEWER MH 9--m FLCW UNE 82.3 -t- NEW r Pke SEWOT YEELOW PLASTIC CAP MARKED r I FNM 87.4 - 3_--2.-iN:-- --7~<- R Â« 2 2 E % 2 E NE :IÂ¥ IW 8' 0./.P. 1047Â£?24444Â¥ @WETTNER 13158 FLOW UNE 80.2 \ 6 FOUND 5/80' STEEL ROD WITH 1 ~ YELLOW PLASTIC CAP MARKED 1 /1 2,52:BC UM 0+00 0+50 1+00 1+50 2+00 ALPINE 9184 0* 20151 5 FOUWD *imas COR,ita eAUWU;1 2 LONE P/NE SAN/TARY SEWER 511410 AS DESCRIBED '(~~. P.gtz 3 - 6 1 .6/20/2:05 09Â·.72 NUM- *lilli al]11 It 11'11 '1~11 'f CH.. D.. PRELIMINARY 59-IMgEGER Gq~29&'AMEYER Cl I j BER REVISION RTE BY Job No. 2004-321.007 1 1 6 W. vtpÂ·btreet, Fox Crossing Subdivision 1 Cty *f Aspln re/fifws 6-0,-05 ,19 SCHEMATIC Orawn bi TLB NOT &1937#25?fbags 2 Revised curve dgta â‚¬05/05 FLS 6 ~ 48 UTILITY Oate; 05/18/05 FOR Aspen, Colorad';6~~0~~~~~~~~ 5~ PLAN & PROFILES f , FOX>-EUm,q CONSTRUCTION SCHMUESER I GORDON I MEYER urested Butte, Aspen, Colorado / PEI m OF 3 INGINEE.9 . SUIVEYORS .-1/Â®ilÂ· In/tneer.Af,rn-int: ,/m ** 70(,Â«12,\D,VG~\FO,m-194.DM; Suwad Wo,K 15 Jun 20{,5 .*r} Mottcd; Welt 15 Jun 2005 3:DG,xr, U>er,4,1tii 1 0 . 0 904220 1 NOES 1. SURVEÂ¥ 1NFORMATION, fNCLUD/NG TOPOGRAPHL PROVEED SY LOUJS H. BUEnNER SURVEyiNG. 0040 WEST SOPRIS GREEK ROAD, BASALL, COLO#UN A ROAD CURVE TABLE HUNTER CREEK CONDOMINIUM 81621 970-927-3511. BASE MAP LABELED AS PREL}AH+~ARY DRAWING. A RADIUS LENGTH TANGENT CHORD BEARING GEZ?A 2. UIN OR 37.00 71.58 5183 so.98 N34*30'06'W 1 10'59'49' C2R 326.11 37.39 18.7% 37.37 S 1 742'43"W 6-34'10Â» 3. PEDESTRIAN TRAIL EASEMENT SHOWN E SCHEMATE. SEE LANDSCAPE PLAN FOR ACTUAL LAYOUT. CJR 37.00 59.69 38.51 53.43 331'47*29*E 92'26'15' C4R 37.00 50.73 3428 46.85 N384438-W -7Ef 33'14' 05R 37.oct 57.70 36.58 5203 945'59'3074 89'20'59' CONCRETE ;NC, RFLE, COLOÂ· &28-1 1 12Â· (OR 1 dI I Mull APPROED 81 ENGINEER). - - - -N 56â€¢53 00 rill.2r--9 ) f NOTE: PRODUCTS ShilÂ·WN RE AV/LAa.Â£ IRU COP{lAND 1 Â· 3=1 1 r- MANHOLE FRAAE * GRATE r / 60.20,or v *a . 108 \ 1 SaF-1900-H OIR APPROKD EQUAL -1 1% d , ... LOT T 3113: 1 KILE A 1Â»%179+Â« h____+ 9 4, vt t. ,-* Â§1 1 10. 1 1 1 1 61 Â·41 j Lp:T 3 ./ ... 4 & 0 lili i: 1 1 11 1; .r 1 f e. - 3: 840<AU 0 10 50 100 . ~9 46 : HUNTER CREEK CONDOMINIUM r. I I :. . Â· 3 :7-- COMPACTED F' t I .lk-20'U01-UÂ·411*Â¥ - S 00'40' W 19' i'4Â·_~. f / ~ / 02 ' 0 -ALUM}NUM 21 J'-5' A.O. Sm CONT :.. . STEPS %6 0.Â· Â»oNE--1~K. Â·~. 1-Jk,~~~1-~ .. - DO NOT ENiERÂ«: ~ ar= - - - - T -ra;mfaimrÂ« v// SECTION ..LOT 4 SIGN ;A"ht*.f / : 34' - .-~~17%'z_ 1.=_.. U - 1, ) 9 / 4/'I - la*/ . I / .4 LOT 13 r ... j 4. ~ 81 11 \ ~~~~~~' ~~ ~ ~'Â· LOT 8 Â· 2 LOT .2 j: . ~e 9,4 i 'Â·f~:' ,AL;a? ,542/C -: r , I gy- -02? 1 1 --In . -Â·Â·20' y.611--â€¢12 ; 1 2 \ \4 ' + ~4 1 LOT 5 0 1%--1-1 -- 1 04 -Ir "i- . If(1 PER/OWED COAORE'iZ' -Liff - #ALE; ~: >i 1;~ L I ... L...9 13â€¢2'â‚¬21-122-wi-- _.-1--~~~~ ' F -J,-( . 1 67 14 11 .., 7,3 11 /44 . Â·1 1 GRAVEL ALLUVU# Â· 329- U G 'f ILLI ~ 1 4/7 16 . C+00 K Â·' PARK r.) / 1 1 / 4 Â£ / ; BLOCK 3 'I â€¢,RES W -6'19.2 .i 1 3--- 1-4 2 ; FOX r Â· WILLIAMS 1 '2 1 \ 3 Â·Â· lee< 7 3 1 - 11"V 341Â¢ADOW,O / 4 '~ 4 1 -..,.f'\ . LOT 6/14 1 9, A l ADDITION DenELL S;ZE AND PENETRATION TO BE BASED ON SITE SPEant PERCOLAHON TESTS AND HYDROLOGY. DESIGN & SPECWZCATIONS 1 I ,4211 - < PER COY OF ASPEN ENG;NEERING STANDIRDS. 'i , i:/t : 1 %1 ! u '' , 80-E 1 2 k*-4=it - CATCH BASIN/ \ ..9 9 1 1 91 1 *1... 1 /6*,te - 0/ - DRYWELL SCHEMATIC U. r.9. 1 . OkÂ®~1 i. ..% /' -2- r ,/ Â· 9-,a, PZ-,7 .il'â€¢' PE: PLAN 1 \ 11. / I 8'17 ir. r 1 1 0 F~fNALLSEE. 5850'Â·NM WI W 34.49' ~-22-N-59,26Â¢001--__. 6- MIN. ABC - 1 11 1 -1 = - LOT 11 1 . ,-=m.= -,pe = 1 1 ~ SHOULDER 2 9,)-*__ 1 2x 7.-:EG*~19& --=7-7-r=-'7'-"7777-n-7*7.7/,7/~/~ /XA ' \292< I.an /Z-... 5- ASPHALT 1 j 44 Â· 4â‚¬Â·-'E Â· Â·7' 1,=my= 1 -~-~--7---7-3--r..1. , 4 / . 0 00&~1 r Â·Â· 4,Â· ., . . 9 11'My'm//A . - -= t. -1 - 11 ,/,7 ill rK,2 453 ''p-- .Â·5Â·' -,- It 1-AL /1 : LE.- ='F Ai--I - '7 ~ 7 Â·,I - c:2 --- , r.:H., &., a h/' ~' l :1/ t. 11 , 4 1 Â»A 7 2/, CLASS 6 AGGREGATE _~ PROPERTY BOUNDARY CURVE DATA .~ BLOCK 3 BASE COURSE 0 1 02 03 \ DELTA = ~2047"55" DELIA = 04002'54" DELTA = 03058'19' li ~2;N~.74 83Â·; .- il:.<4 LOT 10-Â·Â·Â·- --1 t I * 1 WILLIAMS RAINS = 334.30 RADIUS = 334.30 RADIUS = 334.30' 4 , ARC = 74.68 ARC = 23-02' ARC = 23.18' WALNUT STREET TYPICAL ROAD SECTION CHORD = N 50*2*01. E CHOND = N 53048'08" E CHORD =N 49047'3; E 4 ADDITION NTS 74.52' 23.62 13.17' . - :4~ \ 4.Â· '-/: 7. .-4 9 1 Ad' 1 - 441.- G6 CB Cll ~ DELTA = 2$010'580 DELTA = 60,36'42- DELTA = mil'19" 2 RADIUS = 334.30 RADIUS = 26.1 V RADIUS = 334.30' . pER ra 7-2 PLAA - 47-/ \ 81 PEI>ES ;H'*4 - -~ r AL TRAIL. EASE-4 1.1 - b Â£ ARC = r23.59 ARC = 27 62' ARC = 135.49' . 1 \1\Po 1 CHORD = N 0&25'53' W CHORD - S 29/38'21 " E CHORD = S 030123/40~~ E '1% 2 I.t-*fÂ·. .~ 26.35 \, 62212 N .1 1 < . h,/%difus,1. 01571% C428Â· KE AEW Ger WISâ‚¬ N Â· >\ 1- p ! 1 1-- i 4+64.50 5" ASPHAL T -1 G7841/EL ShÂ·OULDER/PARKING \ r- COMPACTED TO Mot 7 --------- IU517~GEDSE<FA4*VENT ~2cs,- acear x : , -~~~ ~ ,Â·Â· ~ 5" 41/N. 7 8' J ~i= Pâ€¢EW *'* SEWER hÂ¢H \\J\-; 0/8304 7 -1.-I -2-i- 1. --1 1?51- 1 (npo 2% | DENSITy (TYP.) i 1 95% MO[)9AED PROCTOR PER PLAN LABEL DOSUNG WATER PER PLAN 1*8Et - - - - PROPERTÂ¢ BOUNDARY TÂ©4 EXISTING ARE H,BRANT -1.---- 4 VE,PU __ '-- 1 '4132= - 7/ 1 NEW BREE HakANT NaÂ¥ ELERE, GAS, PHONE Â© NEW 0(,RCH 89*'DRYWEU I. .. 1121.- I LK 8 FOUND 48" STEEL *00 WiTH i NEW 8~ PK SE*ER ,~ YELLOW PUSTIC CAP WIRED NEW 8* 01.P. %41ERMAIN BUETâ„¢ER 13166 ClASS 6 AGGREGATE J a FOUND 5/r STEEL ROD WITH 1 BASE COURSE 11* Pinlt CAP WARKED \ RACE STREET TYPICAL ROAD SECTION 1111111111~11111111~111111111~1111~111~1~1111111111111 b;:10~:gl.07A O FOUND WITNESS CORNER MONUMENT 5,-â€¢ 0 02,16 21â„¢IrÂ¢ Cong,T, co . 61 . , 0.0 *5 DESCRIBED 1 m's REV]SION WE SY ,lob No 2004-321.001 PRELIMINARY SO'IMUESER GQRDQN MEYER * 1 118 W. 643 Street. buite ZOQ Fox Crossing Subdivision 1 C;ty of Aspen redfines 6-01-Gb TS ROAD PLAN O%* by: 718 C2 NOT ~92)T~5bpri.Qgs, 19{-40.05 150148 6 1**Effâ‚¬ 2 Revised cune dotoÂ· 6/15/05 u MASTER LAYOUT 0~te: 05/18/05 FOR Aspen. Catorad Aspen, Colorado & DRAINAGE QC \PE: m OF 3 CONSTRUCTION SCHMUESER I GORDON I MEYER C rested Butte. ./.iNEE'I & S......AS P.ma*t aninaer#rn4'c. mi File. FOX5-/44./4 *393.'-NE'.4 4 (2+\2000-321\0*GS\60*- 8410# ed H. t. Jun 2005 12:*in Fmtte ~let . * .det 1 .. .. .. .* 6991'61 1 1 1 2 1 S 00040'00' W 60.86' 1 : i ~ I < 1 * i LOt l. 8' PEDESTRIAN TRAIL ' L Â·14â€¢2~00â€¢ W-111 .49 - _EASEMENT Â·1 ,-, ~ Â· +1 '=42- + L~f;'1///6Â£ / Sl \ 1 ~ 1 1 U--- Url ",1 ' 20' S. S B.0.40' W 1 0.99'-1_,;.- , / '' 1/ / / : i j ,- ~ir -~ ~ ~ifi:41'71_Â¥~/ 2/ ~# < L j . /- ..~---A~*~gA-3 ,_ -7"f<~'-P-' Â·14 89020'i*Â·143.4%-/1 .' T +3#Arr#h-,1&'r=_-~,~~ ,i~~-~~~~ -L (-ENAJ~RN# - '80.,90.. 8 oct 1 #*CP-*1.11 1 ...1 11-4/ Â«/ 2 75'.SIGHT/' >zi#~13 5' 8/DE*ALK% 36;R~E~W~~v--~ 7=--- --+ 1 -FBEBE'~-EnE.00' : / 1 44 / 0 Â·43.2 -/ 1/ 1 / C- "<~ 3,0, 1 , A K â€¢ .1 :/@-4 80 .. 1 A/1//9pdf / t h , 112*al r / 6 ..4- -P Â· Â·.1 / .Sof '19'007$-1 ,12'8244,= 1 PT S 90040'00" W 60.00' . 1 3 20' 5.-}. ! 1 8.91' 2+04.6L--_.1--Â·-- .1.% % . i N 00040'00* ht, 60.00' r. M - , Â· 1 E,i / 1 2+14 J 4 4 cv. 47- LOW POINT ELEV - 96-06 N STA = 0+73.66 LOW POINT STA = 1 +72.53 PVI Et_EV = 98.00 1 PVI STA = 1 +51.80 AD. = 3.15 PVI ELEV = 95.82 K = 15.88 .- . /Cl A.O. = 3.59 K = 20.91 -50.00'.(- 75.00' '40 it i Â· 01 --1. . a . |15 - A 1 . O 4 * 2 ill 4470" EX/Sl/NG F 9 N o P ROAD SURFACEÂ· } L g & . e // . . ' ---i./ - . -Ci /1 1 13 0 0, a ,1- 0 -CU & 1 1.1 Qi- U 1 1 - 0.-L il 1 - ~. . 11Â§ 1 .8 &-2 - 5.92-- _3 - I - 961 1 100 - : /N> 1 11~~ 1 k 1 6 1 Raf.SURFACE . = 20' HORZ. 1 - L MATCH EXIST?NG ' 74 Â· Â· 22% . A-Â· $ -20% rie. 211 S .5. PERE @6 ~ =- EXIST;NG CENTERLINE ELEVATION 1... / il.1 / ! r- FiN,SHED' CENTFIRI INE Et EVATiON Â·Â· 15:X 12_3+ 6 5 98' 4 . ~ It '.. ~ " 0/ 1* 0 I 91. , 7/0 - 1. 1.1- -8 0 88 00 ir;W q- . I 1 r ./ . %000& 1 \ EN .0 -8 -r< V m. RS .m Â·\ 4 v'10505*a . , 1. i , 11 34.- \\ 2 1($%%3 1 1 , h.~ 2+00 1+00 0+00 LOW PO1NT ELD = 78.25 MATCH EXJ511NG we LOW POINT STA =. D+39.36 E ROAD SURFACE ROAD CURVE TABLE PH STA - 0+76,40 ~ CURVE RADiUS LENGTH TANGENT CHORD BEAR/NG ~ DELTA Pvl ELIEV = 77.90 Cl R 37.00 71.68 53.83 60.98 tÂ¢34'30'067/ k 1 ?0'59'49' C2R 326.f! 37.39 18.72 37.37 51742'4319 11 6'34'10. A Â· Â·Â·Â· A.D. 623 C3R 37.00 59.69 38,61 53.43 $31'47'29'Er ~ 9276'15- 1 K = 1604 C+R 37.00 50.73 30.26 46.85 N.3844'58"W 78'33'14- 100.00. VIC CSR 37.00 57.70 36.58 52.03 545'59'3074 \ 89 20'59" 88Â· PROPOSED ~ SURFACE / 5.431 ----- R 05. - h -- EXISDNG SURFACE n / I -9 - ~ i WATCH EX/,5'77Ae ~ m / L . 2 \ / PROPOSED 10 Â· **TERMA./N NOTE U ,/ . ALL PLAN VIEWS THIS SHEET ARE 7.77.-1.=11Â° 1 AT A SCALE OF 1" = 20' I 76 NORTH IS UP. er A , e. f = 20* HORZ. 2-Nuat- =5' VERT GRAPHIC SCALE T 72. ~ p cxisiae (9WZÂ»E 2,6144770,Â¥ 1 p FINISHED CENEUNE El.EMADON ( IN FEET) i Inell 20 [L , 58 - IN 09; 95 -0 04 '.5 9: 9: 99 n: NE 1% -9 6.5 82; 4. 23 -0, Wi @52 -0 .Â£0 R: 42 ER 26 2% 82 22 36 3+OD "go 2+00 Unlj'OuJ.lij'p'1~NIJ1~Qk'JI}'limilililiwl'llei:Iio~.c~.:g 07A 1/00 0+00 PRELJMINARY SCHMUESER GQRDQN MEYER * REWSK)14 DATE 81 Job No. 2004-321.00T v 118 W. Stb Street. buite ZUQ Fox Crossing Subdivision City ./ Asper, rageal 6-01-05 TLS ROAD PLANS TLB (3 Drom by NOT 098950Â£2.9893gs'Fk'#989 81 2%648 2 Rewsed curve dito. 6/1445 TLS Date: 05/18/05 6 FOR ,spen, Cglorad869696?39%LIA5 Aspen, Colorado & PROFILES | ~5~Aid;,7 CONSTRUCTION SCHMUESER I GORDON I MEYER rested Mutte, ING'NEERS . SURVEY'll E-N: enwneer@~grn-inomrn BY~S: 0+48.66 Â· Of */+L &0 EVCS 1 +26 40 CS: 0+26.40 EVCE: BO.51 ,5own 'in/-- 'll 1,\2004'~20(}4- 32?~D~=SkEDJUG-49At.2*6 So-r W~40 1,# ./.00/ /~461 1 .. .. .. ..81*PAR CÂ» SPEC ES #OMMON NfÂ«- -yin Z g. -- ENâ‚¬ljljg-ION#] i â€¢ SAA't s .Â«4 -,, r / t. 25Â¢ : 98 66/Vk 804,/18 7/vestamcs' mary Sage 5 5 gel eC_ __Â§Â¥9928'mief:*fle{;68 Blue Mist Spires 3 1 4 SIC" 7 -# a ..; 1 1 \ - &92,Â·\ Â·--- -+~-- ----- Â· - ----- - Â·--- *eaaÂ«~ TD Comus etba 09*ian *346Â© -- .2 - 78-KEF- _...7 . - 1 ) I /7 i.' """"g -1"21- 1-- -24Â¢4-94\. * BELLFLOWER P.Inmejs . r ~PÂ»-< VÂ·Â·~ (15\CLARY SAGE YA ' Adbi}iee spj) 13,1 gel. Y arrow 22'1 981. ,1 11 1 1 Ag_ Aqul/92*t?â‚¬ --- _- Columbine ; 122 Â©:'*f-'77 ter 1- .' (0 4Â¥OLUMBINE AS AEÂ·terApie Alpine Aster 611 gaL- CA Cll7flde Â¥WÂ· Ball-er 361 i gil 5,1 Coned,de emb,gue Lar/spu- 912 gel :66Â§ 1 1 1 Crenesbill Glmrlilin 28,1 gel â€žs@i + CONEFLOWER 90 LARKSPUR .p Echinece,a pium:unes Purple Cone#ovver 15ll gel -- 0 0 01 i Lemon Da,flii, 20'1 951 ANSY a_.HemeÂ£9280?Â¥8.- -_ 8 I Â» sw>. Bomer Efearded Iris 28 1 gal. 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DAv!. PIâ„¢;,1 DOUH~Y CO . 51.0/ 0 0 00 r' g 5E%E.f 1 96/ I " 00 2 2 5 \ have root barriers to stop undergrowth 3%8Kil and prevent pavement uplifting. SCALE 1"=10' Z-iMfi 41 \ lilli \ -E:q*3 1 1 1\ A \ 0510 20 30 40 50 J:~ :15[3HS ]All[ TIBId 04 06 TIOISIA{pqll.H NUTSGO.Ij XOL~ uopeal x04 06Â¥HOHOO 'NRJSV 133'LS lon HA' *311Â¥ 30Â¥8 i <,/ 711 '9 11.VI:-K) SSV I.. ORDINANCE 30.50 (SERIES OF 2004) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THREE GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS, VACATION OF A PORTION OF RACE STREET, AND A FOURTEEN LOT SUBDIVISION TO BE KNOWN AS THE FOX CROSSING SUBDIVISION ON LAND LOCATED BETWEEN LONE PINE ROAD AND RACE ALLEY BETWEEN WALNUT STREET AND RACE STREET, 557 RACE ALLEY AND VICINITY, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: Griffith Lot #1 - 2737.073.91.001 Griffith Lot #2 - 2737.073.91.002 Railroad Parcel - 2737.073.00.020 North Cabin plus Ilistorie House - 2737.073.00.021 & 2737.073.00.022 South Cabin plus New House -2737.073.00.023 & 2737.073.00.024 Vacated Walnut Street - 2737.073.00.026 Bennis Property - 273707300045 Garage Parcel - 2737.073.03.030 WHEREAS, the Community Development Department received an application m F *:A from Walnut Properties, LLC, represented by Stan Clauson and Associates, requestiiig approval of a Subdivision. including Lot Split approvals and Lot Line Adjustment approvals, Growth Management Quota System (GMQS) Exemptions, and amendments to the City of Aspen Land Use Code for a fourteen lot subdivision, one lot proposed as a park and thirteen lots for development, situated between Lone Pine Road and Race Alley and between Walnut Street and Race Street, as depicted in attachment A; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, City Parks, Building Department, Fire District. and the Water Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the application and recommended approval with a series of conditions; and, WHEREAS, pursuant to Section 26.470 (Growth Management Quota System Exemptions) and Section 26.480 (Subdivision) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies: and, WHEREAS, the Planning and Zoning Commission found that the development review standards for Growth Management Quota System (GMQS) Exemptions, 1 Ordinance No. 50, Series of 2004 Page 1 . . 1 Subdivision approval. have been met. as long as certain conditions. as listed hereinafter. are implemented: and, WHEREAS, during a regular meeting on October 12, 2004, and continued to ~ November 2,2004, and continued to November 16.2004, and continued to November 30. 2004, and continued to December 7.2004. the Planning and Zoniiig Commission opened a duly noticed public hearing to consider the project and recommended City Council ~ approve the Growth Management Quota System (GMQS) Exemptions, Subdivision. (and associated amendments to the Land Use Code) by a five to zero (5-0) vote, with the findings and conditions listed hereinafter: and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has ~ reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Traffic Safety Advisory Committee and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for ~ the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ~ OF ASPEN, COLORADO as follows: Section 1: Subdivision Approval The Fox Crossing Subdivision shall consist of the following lots: Fox Crossing Lot #1 Lot size = 10.331 sf Fox Crossing Lot #2 Lot size = 7,510 sf Fox Crossing Lot #3 Lot size = 6,010sf Fox Crossing Lot #4 Lot size = 6.010 sf Fox Crossing Lot #5 Lot size = 6,016 sf Fox Crossing Lot #6 Lot size = 6,068 sf Fox Crossing Lot #7 Lot size = 6,007 sf Fox Crossing Lot #8 Lot size = 6,749 sf Fox Crossing Lot #9 Lot size = 6,945 sf Fox Crossing Lot #10 Lot size= 11,631 sf ( Fox Crossing Park Parcel Lot size = 9,044 sf Ordinance No. 50, Series of 2004. Page 2 1.. Fox Crossing Lot #11 0. k. a. Griffith #1) Lot size = 93849 sf Fox Crossing Lot #12 (a.k.a. Griffith #2) Lot size = 7.500 sf Fox Crossing Lot #13 (a.k.a. Griffith #3) Lot size = 15,065 sf These lot sizes may vary slightly and the final subdivision plat shall prevail upon discrepancy. The lot designation shall be changed for the final plat to designate "Griffith" Lots 1. 2. and 3 as "Fox Crossing" Lot 11, 12, and 13, respectively. The allowable Floor Area for each parcel shall be pursuant to the R6 Zone District regulations, the Lot Area of each parcel, bonus floor area granted by the Historic Preservation Commission, and the proposed use. The Park Parcel shall have no development right other than for open space/park use. Fox Crossing Lots #5, #6, and the Park Parcel shall be designated Historic Landmark properties and subject to development review regulations of Section 26.415 of the City of Aspen Land Use Code. Fox Crossing Lots #1, #2, #10, #11, #12, and #13 may receive up to two City of Aspen Historic TDR floor area bonuses per residence, pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004. Fox Crossing Lots #5 and #6 are Historic Landmark properties and shall not be eligible for receiving TDRs. All other parcels shall be limited to one Historic TDR floor area bonus per residence. The maximum number of Historic TDRs which may be landed within the Fox Crossing IN Subdivision shall be limited to the total number of non-historic residences within the subdivision. Six (6) of the Lots shall be required to provide one additional parking space than otherwise required pursuant to the City's Land Use Code (minimum plus one spaces). These lots shall be specified in the Subdivision Improvement Agreement. All other lots shall be required to meet the minimum parking requirement. Section 2: Preservation of Hunter Vallev Wav Parcel Pursuant to the procedures for exempting development from the scoring and competition procedures of the Growth Management Quota System, Section 26.470.070 of the City of Aspen Land Use Code, and pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004, City Council hereby grants three (3) development rights to be landed within the Fox Crossing Subdivision in exchange for the preservation of the Hunter Valley Way parcel, as described in the Fox Crossing Subdivision application, with the following conditions: 1. Clear title to the Hunter Valley Way property shall be facilitated by the applicant and reviewed by the City Attorney. 2. Title to the Hunter Valley Way property shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. 3. Prior to conveyance the Hunter Valley Way property shall be legally encumbered in a form acceptable to the City of Aspen that sterilizes the parcel and precludes 1 - Ordinance No. 50, Series of 2004 Page 3 . . 1 development, other than that associated with the maintenance of open space anc[ ~ trails and the development of new trails, from occurring on the property iii perpetuity. 4. There shall be conveyed an open space easement on the parcel to the Aspen Valley Land Trust or similar third party acceptable to the City of Aspen. 5. The three (3) additional residential units within the Fox Crossing Subdivision shall be required to provide affordable housing mitigation. pursuant to the requirements of Section 26.470.070.B. 6. The Hunter Valley Way parcel shall be sterilized to prevent development upon the ~ parcel and as a result of the parcel, other than that specified herein. If Pitkin County issues transferable development rights for the sterilization of this parcel, the City of Aspen development rights issued pursuant to this Ordinance shall be ~ considered null and void. Section 3: Growth Management Exemptions Required for Affordable Housing ~ Replacement of existing residential units requires an exemption from Growth Management, pursuant to Section 26.470.070.B, unless the lot on which the residence is proposed is a Historic Landmark (Lots 5 and 6). The parcels granted an exemption from 1 growth management by virtue of preserving the Hunter Valley Way open space parcel shall also be required to obtain this additional exemption. The following proposed lots shall require affordable housing mitigation, pursuant to section 26.470.070.B: Fox ~ Crossing Lots 1, 2, 3, 4, 7. 8, 9, 10, 12, and 13. No lots within the Fox Crossing Subdivision shall be permitted to provide affordable housing mitigation in the form of ~ Accessory Dwelling Units. Fox Crossing Lot #11 shall not be required to provide affordable housing mitigation, pursuant to former approvals which created the lot. Proposed Lots 7 and 10 contain existing residences and the current floor area shall be applied as a credit towards the mitigation requirement. The mitigation credit for the existing residences on Lots 7 and 10 may be reallocated to other lots within the Fox Crossing subdivisions pursuant to a letter of understanding with ~ the City o f Aspen Zoning Officer to be completed prior to the demolition of the residence on Lot 7 or 10. Section 4: Impact Fees Park Impact Fees shall be assessed based upon the following schedule: Studio residential units $1,520 per unit one-bedroom units $2.120 per unit two-bedroom units $2,725 per unit ~ three-bedroom or larger unit $3,634 per unit In recognition of capital improvements to the City' s park and recreation system ~ constructed by the applicant. the City Parks and Recreation Department may reduce this fee commensurate with the costs of those improvements. Ordinance No. 50, Series of 2004. Page 4 1 . . - School Land Dedication Fees are assessed based on one-third the value of the 1 unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project Â· to be $3,621,777 per acre from recent transactions and information from the Pitkin County Assessor. One-third of this value divided by the proposed 11 new units results in a $109,750 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are not required for replacement dwellings and shall not be assessed to development on the following lots: Fox Crossing Lots 5.6.7, and 10. Development of each of the remaining lots of the Fox Crossing Subdivision shall require payment of School Land Dedication Fees according to the following schedule, payable at building permit issuance: House size 1/3 land Land Per unit Fee vallIe per Dedication unit per acre standard (acres) One bedroom $109,750 .0012 $132 Two Bedroom $109,750 .0095 $1,043 Three $109,750 .0162 Sl,778 Bedroom le'.5/'it .0248 $2,722 Four Bedroom $109,750 Five or more $109,750 .0284 $3,117 Bedrooms Amendments to the project shall include an adjustment to this fee according to the above calculation methodology. Section 5: Water Department Standards The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 6: Sanitation District Standards The applicant shall comply with the following Aspen Consolidated Sanitation District rules and regulations. 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. 2. All clear water connections are prohibited, i.e. ground water. (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. le Ordinance No. 50, Series of 2004 Page 5 . . 1 3. On-site drainage plans require approval by the district, must accommodate ACSD service requirements and comply with rules. regulations and specifications. 4. Oii-site sailitary sewer utility plans require approval by ACSD. 5. Glycol snowmelt and heating systems must have containment provisions and must ~ preclude discharge to the public sanitary sewer system. 6. Plans for interceptors, separators and containment facilities require submittal by ~ the applicant and approval prior to building permit. 7. When new service lines are required for existing development the old service line ~ must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 8. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. ./ 9. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. 10. All ACSD total connection fees must be paid prior to the issuance of a building permit. 11. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or ~ treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area ~ of concern in order to fund the improvements needed. Section 7: Public Park and Trail The developer of the Fox Crossing Subdivision shall provide the City of Aspen Parks Department with a monetary contribution of S 100,000 for improvements to Aley Park (located at the southwest corner of Spruce Street and Williams Way). This shall be ~ payable upon filing of the Subdivision Improvement Agreement. 'llie Parks Department shall be authorized to lIse these funds for improvements to Aley Park and improvements to park or trail facilities in the general vicinity of the Project. The Fox Crossing Park Parcel shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. A public access easement shall be provided across the entirety of the ~ Pedestrian Trail connecting the park to Race Street. The form and content of the easement shall be acceptable to the City Parks Department and the City Attorney and shall be referenced in both the Subdivision Agreement and the Subdivision Plat. Prior to filing of the Subdivision Improvement Agreement, there shall be aii agreement specifying ownership, design. use, boundaries, and maintenance responsibilities for the park and trail ~ Ordinance No. 50, Series of 2004. Page 6 1 . . reviewed and approved by City Council. Maintenance of the trail shall be at the cost of 1 the homeowners association. This agreement shall be then appended to the Subdivision Improvement Agreement for filling. The Subdivision Improvement Agreement shall specify a construction detail for the proposed trail including the proposed 6-foot width and concrete surface. The Subdivision Improvement Agreement shall specify the number, location, and detail of wayfinding signage to be implemented. The applicant shall work with the City Parks Department to determine a mutually agreeable signage plan. Section 8: Construction Management Plan Prior to issuance of a building perinit and prior to commencement of any site/utility work, the applicant shall submit a construction management plan for approval by the Comnitinity Development Engineer. The plan shall include the following: 1. The primary construction access point shall be along Lone Pine Road. Race Street. Race Alley, Spruce Street, and Walnut Street shall not be used for contractor parking. The City requires a contractor parking area be designated along Lone Pine Road and on-site. 2. A lot, or several lots, shall be used as a construction staging area. The CMP should specify the particular lot(s) and shall specify at which point a staging area is no longer required. 10 3. Contractor contact information shall be provided to surrounding property owners. Iii the case of Hunter Creek Condominiums, contact information may be provided to the condominium association president rather than each individual owner. The intent of this requirement is for the contractor to address neighborhood concerns about construction without involving the City. Section 9: Access Infrastructure Permit: Prior to the construction any improvements, a licensed Contractor must obtain a City Access-Infrastructure (A-I) permit. One Contractor will be responsible for completing all infrastructure associated with the project. As part of the A-I Permit, the Contractor will be required to submit a Construction Management Plan. Section 10: Hazardous Soils: This area is partially within the Smuggler superfund site, which means additional permits and institutional controls may be required for any work done on the site. (See requirements outlined in the City Code.) City Environmental Health Department - 920.5039. Ikeetion 11: Streets 1 Race Alley/Race Street shall be designated as one-way with the direction of travel being northbound. Race Alley shall continue to be signed for no parking on either side of the street. Race Street shall be developed with a 34-foot curb-to-curb dimension and parking along both sides of the street. A six-foot-wide sidewalk/trail shall be provided adjacent to the northern section of Race Street on Fox Crossing Lot #1, connecting the park trail to Ordinance No. 50, Series of 2004 Page 7 . . 1 Spruce Street. Sidewalk connections and parking within the rights-of-way shall be ~ provided as described in the addendum application materials from Stan Clauson Associates dated February 16, 2005. Spruce Street shall be improved with a pedestrian sidewalk on at least one side of the street, and preferably both sides, between Race Street and Park Circle. The design of this ~ riglit-of-way shall be undertaken by the City of Aspen and the costs of implementing a sidewalk along one side of Spruce Street shall be bourn by the Applicant and added to the subdivision improvements agreement and secured through a letter or credit, or other ~ acceptable means. due at tile time of issuance of a building permit for the first building to be used for implementation of a sidewalk or other enhancements to Spruce Street. <Three (3) public parking spaces shall be developed by the Applicant at the northern-most ~ portion of the Walnut Street public right-of-way adjacent to the Fox Crossing Park Parcel. ~ Walnut Street (tlie public right-of-way portion) shall maintain a twenty-one foot wide ~ clearance with no parking. In the alternative, parking may be permitted if the 21-foot ~ wide clearance is maintained and the approval of the Fire Marshall is gained. The ~ extension of Walnut Street to its connection with Lone Pine Road shall be developed ~ within a 20-foot wide access easement with 16 feet of paved surface and a 2-foot ~ 1 stabilized shoulder on both sides. Bollards, or other physical hindrances within the rights-of-way, shall not be implemented. Section 12: Subdivision and Vacation Plat Within 180 days after final approval by City Council and prior to applying for a Building ~ Permit, the applicant shall record a Subdivision and Vacation Plat which shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries. disposition of lands, the partial vacation of Race ~ Street, the dedication of a portion of land to accommodate a turning radius between Race Alley and Race Street, and utility and surface easements. Utility easements not administered by the City of Aspen shall require approval by the particular utility provider. 2. A building envelope on Fox Crossing Lot #3 restricting development along the ~ northwest portion of the lot. 3. Reference to the public easement across the Park Parcel and Pedestrian Trail. 4. A phasing plan describing the sequence of development phases and the improvements for each phase. The City encourages the applicant to perform any overlot grading and utility main work in the first phase. 5. Design specifications and profiles for improvements to the public rights-of-way including geometries and turning radii. Ordinance No. 50, Series of 2004. Page 8 1 . . 1 6. A landscape plan showing location. amount, and species of landscape improvements. An irrigation plan for the park parcel shall be included with a signature line for the City Parks Department. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. Utility mains not administered by the City of Aspen shall require approval by the particular utility provider. Fire hydrant(s) locations shall be identified. 8. A grading/drainage plan, including 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 systems are required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any di-ainage improvements. Off-site improvements shall be done in coordination with the City Engineer. 9. The applicant shall provide theÂ· final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuaiice of a Certificate of Occupancy. Section 13: Subdivision Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, iii addition to the following: 1. The agreement shall state the ownership and maintenance responsibilities of the common areas of the project, including conimon driveways and drainage hiiprovenieiits. 2. The Public Facilities Guarantee shall also include the costs of implementing a sidewalk along one side of Spruce Street and shall be used for improvements to Spruce Street as determined appropriate by the City of Aspen. 3. A public access easement and ownership, use, boundary, maintenance agreement for the Park Parcel and Pedestrian Trail, and construction detail as specified in Section 7. 4. A Construction Management Plan as specified in Section 8. 5. In order to secure the construction, installation, and performance of the of public improvements and facilities, including drainage improvements and landscape improvements for each phase, the required performance guarantees shall include and secure the estimated costs of all phases of the development. Section 14: Fire Department Requirements Sprinkler and fire alarms are required throughout all of the newly constructed residential ~ i buildings. The person that designs the sprinkler and alarm systems is required to meet Ordinance No. 50, Series of 2004 Page 9 . . 1 with the Fire Marshall before starting design. It needs to be confirmed that adequate water ~ volume and pressure exists for the sprinklers. Section 15: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy ofthe final Ordinance granting land use approval. Fox Crossing Lots ~ 5,6, and the Park Parcel shall require Final Approval from the Historic Preservation Cominission. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. For Fox Crossing Lots 5,6, and the Park Parcel, this letter shall also confirm an understanding of the Final HPC approvals ~ 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal/mitigation plan for any trees to be affected by the specific phase. 6. A fugitive dust control plan approved by tlie Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary. and as requested by the City, during construction. Submission of a ftigitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division will also be necessary due ~ to the property being in excess of 1 acre. 7. A study performed by a Colorado licensed asbestos inspector detailing the ~ presence of asbestos. The State of Colorado must be notified and the report must be complete prior to issuance of a building permit. Contact the City of Aspen Environmental Health Department for state contact information. 8. If the disturbance area of a particular phase of development is over one acre, the Contractor will need to obtain a State Storm Water Management Permit (for erosion control) and a State Emission Permit (for dust control). 9. A construction site management and parking plan meeting the specifications of ~ the City Building Department Prior to issuance of a building permit: 1. All lap fees, impacts fees, and building permit fees shall be paid for the particular phase. Ordinance No. 50, Series of 2004. Page 10 1 . . 2. The location and design of standpipes. fire sprinklers, and alarm systems shall be approved by tile Fire Marshall. The Fire Department requests that sprinklers be installed in each proposed house regardless of iloor area. Section 16: Fences Property boundary fences of Fox Crossing Lot 5 and Lot 6 which border the Fox Crossing Park parcel shall be developed no higher than 42 inches and shall be subject to the procedures and requirements of Chapter 26.415 - Development Involving Historic Landmark Sites and Structures. All fences within the Project shall be designed to be "wildlife-friendly" as specified in the Pitkin County Land Use Code. (Contact Pitkin County Planning Department for these specifications.) Section 17: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date o f issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary 1 to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published iii a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested properly right pursuant to this Title. Snell notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right,- valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Fox Crossing Subdivision Lots 1,2.3,4,5,6,7,8,9, 10, 11, 12, 13, and the Fox Crossing Park Parcel. Section 18: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen 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 other specific conditions. Section 19: 1 This Ordinance shall not affect any existing litigation and shall not operate as an abatement of aity action or proceeding iiow 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. Ordinance No. 50, Series of 2004 Page 11 . . 1 1 Section 20: If any section. subsection, sentence, clause, phrase, or portion of this Ordinance is for any ~ reason held invalid or unconstitutional iii a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 21: That the City Clerk is directed, upon the adoption ofthis Ordinance. to record a copy of this ~ Ordinance in the office of tlie Pitkin County Clerk and Recorder. Section 22: th A public hearing on the Ordinance was held on the 24 day of January, 2005, at 5:00 in the City Council Chambers, Aspen City I Iall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation ~ within the City of Aspen. Section 23: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, - th by the City Council of the City of Aspen on the b day of December, 2004. Attest: 3160 14Â« ' Kathryn S. I~*h, City Clerk 1 FINALLY, adopted, passed and approved this 14th day of March, 2005. Attest: fiÂ«-9 iftzâ‚¬~ 1 I<athryn S. 1%~hi City Clerk Itffle~Wflfi:GMI~~IRT:iyor Approved as to form: 20*1297Â£267r- - 2.Johd Worcester, City Attorney Attachment A - Existing Property Map ~ Attachment B - Proposed Subdivision Boundary Map Bendon C:\home\Current Planning\CASES\Fox Crossing\Ordinance50-subdivision.doc ~ Ordinance No. 50, Series of 2004. Page 12 l -1-4 Lot 1 Duplex Units 0,6 l 8407.5sf Lot Area i 1855sf Vacated Area Lot 3 Single Family 1 m. 5-'* C 6009.74sf 1113% 623 Hunter Creek Condominjum Ped*,Irion Trail 3: E Zg: E- -- -- -- -9 Parking Shoulder (Graval) --/ -- ffÂ« 3-- O RACE STREET I ---9 "/ 1 Lot 4 1 /49.0 f \Rzg, 0 25065.3sf | 6010.34sf | Lot 2 Single Family / LOT 3 1 Lot 8 , - Duplex Units o,b Single Famllyi - - -- 1 75OOsf Lot Area | Â» 1 AREA 14660.5,1 6749.080;f W 1 Cin _.! HIsfork House ~ Lot 5 6015.62sf 81 - 0 Cl- -11 21-----, . CD G~Al/1 1 1 4 /~~~T 6 ~~,1< Relocated ~cablr =-/1 // 7.9 1 ~2932Uy- ~-- ~ 2 1 1 - LOT 2 AREA 751031 1 1 Relocaledi Cabin 1 @ll 11 i,ILI Single. 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SILEIA DAVIS PITKIN COLNTY CD R 91.00 D 0.00 - SUBDIVISION AGREEMENT FOR FOX CROSSING SUBDIVISION THBSUBDIVISIONAGREEMENT ismadeand entered into this -lid(day of June, 2005, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as the 'City") and WALNUT PROPERTY, LLC, a Colorado limited liability company and its successors and assigns (liereinafter referred to as "Walnut") WITNESSETH: WHEREAS, Walnut has submitted to the Citya request for Subdivision approval, including Lot Split approvals, Lot Line Adjustment approvals, Growth IVIanagement Quota System (GMQS) Exemptions, and amendments to the Cityof Aspen Land Use Code (collectively, the "Application") for a fourteen (14) lot subdivision, with one (1) lot proposed as a park and thirteen (13) lots proposed for development, situated vulthin the City of Aspen, Colorado to be consolidated, platted and knovdl as the Fox Crossing Subdivision (the "Property"), which Application requested the approval, execution and recordation of a Final Subdivision and Vacation Plat of the Property (the "Final Plat"); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the pro-posed development and improvement of the Property pursuant to-Ordinance No. 50 (Series of 2004) , and the effects of the proposed development and improvements of said Property on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with - its approval of the Application, and its execution and recordation of the Final Plat, such matters being necessary to promote, protect, and enhance the public health, safety, and general welfare; and WHEREAS, Walnut is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Application, and the Final Plat; 0 and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, the City,s entitled to certain financial guarantees to ensure: (i) that the required public facilities are installed, and (ii) that the required landscaping is implemented and maintained, and Walnut is prepared to provide such guarantees that hereinafter set forth: and , WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement the City and Walnut have executed and recorded the Final Plat in Plat Book ..31/~ at Page 11.&6-Reception No. 511 4/0 in the office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the niutual covenants and agreements herein contained, the approval, execution, and acceptance of this Subdivision Agreement for recordation by the City, and for othergood and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 . . 1 IM Id d -6/20/2005 09:244 SILVIA DAVIS PITKIN COLNTY CO -R 9*.00- D 0.00 ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT ~ 1.1 Purpose. The purpose of this Subdivision Agreement is to, along with the Final Plat, set forth the complete and comprehensive understanding and agreement of the parties with the respect to the development of the Fox Crossing Subdivision and to enumerate all temis and conditions underwhich such development may occur. 1.2 Effect. It is the inteiit ofthe parties that this Subdivision Agreement and the Final Plat ~ shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and otherland use approvals and related plats, maps, declarations, and otherdocuments and agreements encumbering the Property, including and without liniitation those matters identified iii Article V below (collectively, the "Prior Approvals and Instruments') ARTICLE 11 ZONING AND REGULATORY APPROVALS 2.-1 -Approval Ordinances.- -Pursuant to Ordinance No. 48 (Series of 2004) and.Ordinance . ~ No. 50 (Series of 2004), the Aspen City Council granted Subdivision approvals, Lot Split approvals, Lot Line Adjustment approvals, three (3) Growth Managernent Quota System (GMICS) exemptions,- and amendments to the Cityof Aspen Land Use Code, providing for vacation of a portion of Race Street, and development of a fourteen (14) lot subdivision to be known.as Fox Crossing Subdivision on the Property (collectively, the "Project"). This Subdivision Agreement and the Final Plat incorporate all of the pertinent provisions of Ordinance No. 48 (Series of 2004) and Ordinance No. 50 (Series of 2004). In the event of any inconsistencies between the provisions of Ordinance No. 48 (Series of 2004) and Ordinance No. 50 (Series of 2004) and the provisions of this Subdivision Agreement and the Final Plat, the provisions of this Subdivision Agreement and the Final Plat shall control. 2.2 Dimensional Requirements. Ordinance No. 50 (Series of 2004) established and approved Lots 1,2,3,4,5,6,7,8,9,10,11,12,13, and the pak parcel (referred toas"Fox Crossing Meadow"). The Final Plat designates the fornier "Griffith" Lots 1, 2, and 3 as "Fox Crossing" Lots 11,12, and 13, lespectively. The allowable Floor Area for each Lot shall be pursuant to the City of Aspen R-6 Zone District regulations, as amended from time to time, the size of each Lot, bonus FloorArea granted bythe Historic Preservation Coinmission, and the proposed use, all as provided for on the Final Plat. The approved sizes of each of the Lots are summarized below: Lot Lot Size (sl) 1 9,347.37 2 7,500.00 3 6,514.59 4 6,010.76 5 6,015.68 6 6,068.38 7 6,007.68 8 6,894.48 9 7,500.09 2 1 4@4212440nu aÂ© 4,,nh I 1121 6L |; 1 1.t 111111, 5~im.iilidi-,i~. râ‚¬ 91.00 SILVIA DAVIS PIrKIN COUNTY CO D 0.00 10 11,676.12 Fox Crossing Meadow 9,044.22 11 9,849.50 12 7,510.80 13 14,182.78 1 TOTAL 114,122.44 s.f. 2.3 Fox Crossing Meadow. The Fox Crossing Meadow shall have no development rights otherthan for open space/park uses. 2.4 Designation of Historic Landmark Properties. Fox Crossing Lots 5,6, and the Fox Crossing Meadow are designated Historic Landmark Properties and are subject to development review i-egulations of Section 26.415 of the City of Aspen Land Use Code 2.5 Historic TDR Floor Area Bonuses. Fox Crossing Lot 6 and the Fox Crossing Meadow are sending sites with respect to the transfer of Historic TDR's. A total of 470 square feet of allowable Floor Area shall be transferred from Lot 5 (which TDR's shall be represented by a Lot 5 TDR No. 1, and a- Lot 5 TDR No. 2 (one of which shall provide for a transfer of less than 250 square feet of Floor Area) and a total of 1,280 square feet of allowable Floor Area shall be transferred frorri the Fox-Crds-sing IMeadow (which-TDR's shall berepresented bya-Fox - - Crossing Meadow TDR No. 1, a Fox Crossing Meadow TDR No. 2, a Fox Crossing Meadow TDR No. 3, a Fox Crossing Meadow TDR No. 4, a Fox Crossing Meadow TDR No. 5 (one of which shall provide for a transfer of less than 250 square feet of Floor Ai-ea)). Taken together, Fox Crossing Lot 5 and the Fox Crossing Meadow shall represent 1,750 square feet of transferred Floor Area. A total of 1,000 square feet of allowable Floor Area are being transferred from Lot 6 (which TDR's shall be represented by a Lot 6 TDR No. 1, a Lot 6 TDR No. 2, a Lot 6 TDR No. 3, and a Lot 6 TDR No. 4). All together, a total of 2,750 square feet of Floor Area shall be transferred from Lot 5, Lot 6, and the Fox Crossing Meadow. Any City issuance of such TDR's shall be accompanied by recorded deed restriction which evidences a reduction in the allowable Floor Area of the sending site. Fox Crossing Lots 3,4,7, and 8 may receive a total of one (1) TDR (with each such TDR bonus in the aniount of 250 square feet of allowable Floor Area) foreach residential unit on each such Lot. Fox Crossing Lots 1,2, 9,10,11, 12 and 13 1-nay receive up to a total of two (2) TDR's (\with each such TDR bonus in the amount of 250 square feet of allowable Floor Area) for each residential unit on each such Lot, pursuant to an amendment to the Land Use Code adopted pursuant to Oi-dinance No. 48 (Series of 2004). Fox Crossing Lots 5 and 6 are Historic Landmark properties and shall not be eligible for receiving TDR's. The Fox Crossing Meadow shall not be eligible for receiving TOR's. Tlie maximum 1 number of Historic TDR's which may be landed anywhere within the entire Fox C.rossing Subdivision Project shall be limited to the total numberof Historic TDR's which may be generated bythe Project. 2.6 Parking Lots 8, 9, 10, 11, 12, and 13 shall be equired to provide one (1) more parking space than is otherwise required pursuant to the City's Land Use Code (minimum, plus one space). However, if field conditions orfinal architectural development require the designation of alternate lots for such required additional parking, Walnut may redesignate such lots, with approval from the Community Development Director. All other Lots are required to meet the City's Land Use Code minimum parking requirements. 1 1 LID .. 430%3409:1 !8 1 di Â· Mi .9 4 7 d~ 06/20/2005 09:24A SILLIA DAVIS PITKIN COUNTY C) R 91.00 D 0.00 ARTICLE III ~ APPROVALS AND EXEMPTIONS 3.1 Hunter Valley Way Development Rights. Pursuant to the procedures for exempting development from the scoring and completion procedures of the Growth Management Quota System, Section 26.470.070 of the City of Aspen Land Use Code, and pursuant to an amendment to the Land Use Code adopted puisuant to Ordinance No. 48 (Series of 2004), and 1 pursuant to Ordinance No. 50 (Series of 2004), upon the encumbrance of the Hunter Valley Way parcel with a restrictive covenant in a. form acceptable to the City of Aspen that sterilizes the Hunter Valley Way parcel and precludes future development of the Hunter Valley Way parcel (otherthan for maintenance of open space and trails and the development of new trails),Walnut 1 may purchase from the owner of the Hunter Valley Way Parcel three (3) separate "Hunter Valley Way Development Rights" each of which shall be used in connection with the Project as an exemption from the City of Aspen Growth Management Quota System CGIVIQS"). The City has 1 approved the utilization of such three (3) separate Hunter Valley Way Development Rights as City of Aspen GIMQS exemptions within the Fox Crossing Subdivision. 3.2-Growth Management Exemptions for-Affordable Housing The replacement of any. ~ _... . _.~ existing residential units within the Project shall require an exemption from GMQS, pursuant to Section 26.470.070B of tlie City's Land Use Code, unless the Lot on which the residential unit is I proposed is an Historic Landmark (Lots 5 and 6). Any parcel which utilizes of one of the Hunter Valley Way Development Rights must fulfill affordable housing requirements. The following Lots shall require affordable housing mitigation, pursuant to Section 26.470.0408.1 of the City's Land Use Code: Fox Crossing Lots 1,2,3,4,7,8,9, 10,12, and 13. No Lots *thin the Fox Crossing ~Â· Subdivision shall be permitted to provide affordable housing mitigation in the form of Accessory Dwelling Units. Cash-in-lieu paynients shall be due pro rata upon the sale of each of the residential units, pursuant to the tem-~s of a written deferral agreement with the City of Aspen Housing Office. Fox Crossing Lot 11 shall not be required to provide affordable housing mitigation, pursuant to former approvals which created this Lot. Lots 7 and 10 contain e>dsting residences and the current Floor Area for these Lots shall be appl jed as credit towards the 1 affordable housing mitigation requirement. The affordable housing mitigation credit for the existing residences on Lots 7 and 10 maybe 1 reallocated to other Lots within the Fox Crossing Subdivision pursuant to a letterof understanding with the City of Aspen Zoning Officer, which letter of agreement is to be completed prior to the demolition of the residence on Lot 7 or 10. 3.3 Impact Fees. (a) Park Impact Fees. The City has waived Park Impact Fees with respect to the Project. 1 (b) School Impact Fees. School Impact Fees sliall be assessed on the basjs ofa $109,750 peracre standard. Tlie Project is not conducive to locating a school facility, and a cash- 1 in-lieu payment shall be accepted by the City. School land dedication fees are not required for replacement dwellings and shall not be 1 assessed to development of Lot 5, 6, 7, or 10. Development of each of the remaining Lots shall 4 1 1.. 1 3 lili 111 iper F HimqUINNIwIED mil* Hilmp 98#53 1 11.L . id ~I lili 1111Â£ 1 1 lili 111IJ dlti] Ilil ~ill |~Il 06/20/2005 09:249 SILViA DAVIS PITKIN COUNTY CO R 91.00 D 0.00 require payment of School Land Dedication fees according to the following schedule, payable at building permit issuance: 1/3 Land Value Land Dedication House Size Per Unit Acre Standard (acres) Per Unit Fee One Bedroom $109,750 0012 $132 Two Bedroom $109,750 .0095 $ 1,043 Three Bedroom $109,750 .0162 $1,778 Four Bedroom $109,750 .0248 $2,722 Five or IMore $109,750 .0284 $3,177 Bedrooms Amendments to the Project shall include an adjustment to these bes according to the above calculation methodology. 3.4 Water Department Standards. Walnut shall comply with the City of Aspen Water System Standards, with Title 25 of the City of Aspen IMunicipal Code, and with applicable standards of Title 8 of the City's IMunicipal Code (Water Conservation and Plumbing Advisory Code), as required by the City of Aspen Water Department. 3.5 Sanitation Distnct Standards. Walnut shall comply with the following rules and regulations of the Aspen Consolidated Sanitation District ('ACSD") with respect to the Project: (a) Sanitation service is contingent upon Walnut's compliance with ACS[Ps rules, regulations, and specifications at the time of construction; (b) All clear water connections are prohibited, i.e., ground water (roof, foundation, . perimeter, patio drains), including entrances to underground parking garages (if any); (c) On-site drainage plans require approval by the ACSD, must accommodate ACSD service requirements, and must comply with ACSD rules, regulations and specifications; (d) On-site sanitary sewer utility plans require approval by ACSD; (e) Glycol snowmelt and heatiiig systerns must have containment provisions and must preclude discharge into the public sanitary sewer system; (f) Plans for interceptors, separators, and containment facilities require submittal by Walnut and approval by ACSD prior to building permit issuance; (g) When a new service line is required for existing development, the old service line must be excavated and,abandoned at the main sanitary sewer line according to specific ACSD requirements; (h) Generally, one (1) tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line; (i) Permanent improvements are prohibited in areas covered by sewer easements or rights of ways to the lot line of each development; 5 . . 1 1, 1 I 1 1 5 -1 14 11 1 4 3,1 k ' 1 Page: 6 of 18 06/20/2005 09:24[4 SILLIA DAVIS PITKIN COUNTY CO 8-91.00 D 0.00 (j) All ACSD total connection fees must be paid prior to the issuance of a building permit; ~ (k) Where additional development will produce flows in excess of the planned reserve capacity of the existing system (collection system and/or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees shall be collected overtime from all development in the area of concern in order to fund the improvements needed. 3.6 Public Park and Trail. Walnut has offered to provide, and the City has accepted, the following specific amenities with respect to the Project: 1 (1) Walnut shall provide the City of Aspen Parks Department with a monetary contribution of $100,000 for improvements to Aley Park (located at the southwest corner of Spruce Street and Williams Way). This contribution shall be payable at issuance of a building permit for the first residential unit to be constructed in connection with the Project. The City 1 Parks Department shall be authonzed to use these funds for the construction of Aley Park, including a children's playground on the Aley Park property, as provided for in the "Park Agreement' between the City and Walnut of even date herewith and attached hereto. (2) Walnut shall convey the Fox Crossing Meadow to the City upon substantial completion of the improvements associated with the Fox Crossing IMeadow park. The Aspen City Councjl has reviewed and approved the Park Agreement, and has reviewed and approved the Landscape Drawing as shown on Sheet Ll of the Final Plat with respect to the Fox Crossing Meadow, and Walnut shall install and maintain the Fox Crossing Meadow as provided for in such Park Agreement and Landscape Drawing. (3) Walnut shall provide a public access easement across the entirety of a pedestrian trail connecting the Fox Crossing Meadow to Race Street which shall be depicted on the Final Plat. The form and content of the access easement shall be acceptable to the City Parks Department and the CityAttorney (4) Walnut agrees to construct a six-foot wide trail extending from the intersection of Walnut Street and Gibson Street to the intersection of Race Street and Spruce Street, in accordance with City of Aspen Parks Department specifications as provided for in the Park Agreement and as shown on Sheet Ll of the Final Plat. 3.7 Construction Management Plan. Prior to issuance of a building permit with respect to the Project, and prior to commencement ofany site/utility work, Walnut shall submit a Construction lManagement Plan ("CIVIP") for approval by the CRy's Community Development Department. The CMP shall include the following provisions: (a) The primary construction access point forthe Project shall be along Lone Pine Road; ~ (b) Race Street, Race Alley, Spruce Street, and Walnut Street shall not be used for contractor parking, (c) A contractor parking area will be designated along Lone Pine Road and on- site, 6 1.. 1 119 9911,1 T E 51 1411 ' 1. 41 6~ Dage: 7 of 18 0 06/20/2005 09:249 SILVIA DAVIS PI-KIN COUN-Y CO R 9 2 700 - 0 0.00 - (d) A lot, or several lots, shall be used as a construction staging area. 1-he CUP shall specify the particular Lots and shall specify at which point a staging area is no longer required; (e) Contractor contact information shall be provided to surrounding property owners. In the case of Hunter Creek Condominiums, contact information may be provided to the condominium association president rather than eacli individual owner. The intent of this 1 requirement is for the contractor to address neighborhood concerns about construction without involving the City; and (f) An erosion coiitrol plan includiiig design of all applicable construction BIMP's (Best Management Practices). 3.8 Access Infrastructure Permit. Prior to the construction of any improvements on the Project, a licensed contractor imust obtain a City Access-Infrastructure ("A-1 Permit"). A single contractor will complete all infrastructure associated with the Project. As part of the A-I Permit, the contractor will be required to comply with the CA/IP provided for herein. - - -- 3.9 Hazardous Soils-Â·-The Project is partially within the former SniugglerÂ·Superfund Site.. Accordingly, additional permits and institutional controls may be required. 3.10 Streets. (a) Walnut consents to the City's designation of Race Alley and Race Street as one-way streets, with the direction of travel being northbound. Alley. (b) Walnut consents to the Citys prohibition of parking on eitherside of Race parking along both sides of the street. (c) Race Street shall be developed with a 34-foot curb-to-curb dimension and eld) Upon the approval of all property owners adjacent to Spruce Street, and the City's design of a pedestrian sidewalk on at least one side of Spruce Street (and preferably along both sides) between Race Street and Park Circle, Walnut will deliver to the City funds iii an amount equal to the cost of the installation of such pedestrian sidewalk(s). â‚¬ jil Walnut shall develop three (3) public parking spaces at the northern-most portion of the Walnut Street right-of-way adjacent to and partially within the Fox Crossing Meadow. P 4) Parking on Walnut Street may be permitted if the 21-foot wide clearance of the public portitn of Walnut Street is maintained, jf approved by the Aspen Fire Protection District Fire Marshal. 6 (Prj The extension of Walnut Street as a private driveway to its connection with Lone Pine Road shall be developed with a 20-foot wide easement with 16 feet of paved surface and a 2-foot stabilized shoulder on both sides. 1 7 1 . . 1 i ~ '. / Page: 3 of 18 06/20/2005 09.244 SILVIA DAVIS PITKIN COUNTY CO R 91.00 D 0.00 4 2 Walnut agrees to provide a 15-foot sight tdangle with an area of pavement as shown on Road Plan and Profile Sheet 03 to improve the turning radius at the intersection of Race Street and Race Alleyon Lot 2, and a second sight tiiangle with an area of pavement as shown on Road Plan and Profile Sheet 03 to improve the turning radius at the northeast corner of Lot 10, which area is adjacent to Walnut Street. Any landscaping, fencing, or other appurtenances within the sight triangles shall conform to a height limitation of thirty (30") inches. The City agrees for itself and any persons utilizing such sight tnangles and paved areas that neitherthe sight triangles nor the paved areas shall constitute an easement, that anyuse of the sight triangles orthe paved areas are with the consent and perrnission of Walnut, that such use is not hostile oradverse to Walnut's ownership of such areas, and shall not in anyway affect the lot area or density of Lot 2 or Lot 10. 3.11 Subdivision and Vacation Plat. The Fihal Plat was recorded in the Office of the Clei-k and Recorder of Pitkin County, Colorado within 180 days after City Council's final approval of Ordinance No. 50 (Series of 2004). The Final Plat which complies with current requirements of the City Engineer and includes the following: (a) The final property boundaries, disposition of lands, the partial vacation of Race Street, the dedication of a portion of land to accommodate a turning radius between Race .- -. Alley and. Race Street, and utjlity and-surface easements. 1 (b) Setbacks on Lot 3 restricting development along the northwest portion of Lot 3. (c) Reference to the public easement across the Fox Crossing Meadow and Pedestrian Trail. (d) Desigii specifications and profiles for improvements to the public Mglits of way including geornetries and turning radjj. (f) A landscape plan and an irrigation plan, both of which have been previously approved by the City. (g) A utility plan which has beeii previously approved by the City, and which meets the standards of the City Engineer and City's utility agencies. (h) A grading/drainage plan which has previously been approved by the City. (i) Walnut shall provide the final approved subdivision line data or survey description data describing the revised street and parcel boundaries to the City of Aspen Geographic Information Systems ("GIS") Department prior to applying for a building permit. The final building location data, including anyamendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. 3.12 Subdivision Agreement. This Subdivision Agreement was recorded within 180 days a Her the City's grant of final approval of the Project 3.13 Fire Department Requirements. All newly constructed residential buildings in the Project shall include sprinkler systems and fire alarms. Walnut shall install one (1) additional fire hydrant adjacent to Walnut Street. The individual designing all required sprinkler and alarm system designs shall meet with the Aspen Fire Protection District Fire Marshall prior to preparing 8 .. 1 411311 11;3 ~11}~~~~ Dl~~~1 ~1~~1 *~\441 tt~ 111~~1 ~11~ ' 131 ~ I-tq H Ri] 11 411.11 1 li 'i ,1 1 tj' m r 1 .11 liP I i ~' 1 4 '1 ~lil , ~ 11111~ dll&2111 ~Illl H' Al 06>20/2005 09:249 ING 1.32 11 1 GILL IA CAVIE PITKIN COUNTY CO R 91.00 D 0.00 any such design in order to confirm that adequate water volume and water pressure exists for the Sprinklers. 3,14 Building Pennit Requirements. Any building permit application forthe Project shall include and/or depict the following information: 1 (a) A signed copy of Ordinance No. 50 (Series of 2004) granting final land use approval. Lots 5, 6 and the Fox Crossing Meadow shall require Final Approval from the Historic Preservation Commission. (b) A letter from the primary contractor stating that the contractor has read and understands Ordinance No. 50 (Series of 2004). (c) The conditions of approval of Ordinance No. 50 (Series of 2004) shall be printed on the cover page of the building permit set. (d) A completed tap pen-nit for sewer service from ACSD. (e) A tree removal/mitigation plan for any trees to be affected by the specific -Â·- Â·- - - phase. -- (f) A fugitive dust control plan approved by the City Environmental Health Department which addresses watering of disturbed areas, including haul roh(is, perimeter silt fencing (as needed), cleaning of adjacent rights of way, speed limits within and accessing the Project, and abilityto request additional measures to prevent nuisances during construction. Walnut shall wash tracked mud and debris from the City streets as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and. Environment Air Quality Control Divisions will also be necessary due to the Property being larger than one (1) acre. presence or absence of asbestos. The State of Colorado must be notified and the report must (g) A study performed by a Colorado licensed asbestos inspector detailing the be complete prior to issuance of a building pennit. (h) If the disturbance area of a particular phase of development is over one (1) acre, the contractor will need to obtain a State Stoim Water IManagement Permit (for erosion control) and a State Emission Permit (for dust control) (i) A Construction IManagement Plan as described in Section 3.7 above. permit fees shall have been paid for the particular phase; and (ii) the location and design of (j) Prior to issuance of a building permit (i) all tap fees, impact fees, and building standpipes, fire.sprinklers, and alarm systems shall be approved by the Aspen Fire Protection District Fire IMarshal. 3.15 Fences. Property boundary fences of Lots 5 and 6 which border the Fox Crossing Meadow shall be no higherthan 42 inches and shall be subject to the procedures and requirements of Chapter 26.415 of the City of Aspen Municipal Code (Development Involving Historic Landmark Sites and Structures) 1 9 . . 1 1 V J 1 4 ' r l 11110 il 1 41 3 31 rill J b 1 14 1 1 I Il lilll Jjl/ij m illl I I lj j"#11 m uMI il ljil - I Page. 10 of 18 06/20/2005 09:24P S--LVIA DAVIS PI-KIN COUN-Y CO 7 91.00 0000 i 3.16 Vested Rights. The development approvals granted by the City pursuant to Ordinance No. 50 (Series of 2004) shall constitute a site-specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. Article IV Prior Approvals aiid Instruments 1. Resolution No. 33 (Series of 2004) of the Aspen Planning and Zoning Commission recommending approval of Growth Management Quota Exemptions, Subdivision, and associated amendments to the Cityof Aspen Land Use Code. 2. Resolution No. 15 (Series of 2004) of the Aspen Historic Preservation Commission (HPC) approving an application for major development (final) for the propeity located at 555 and 557 Walnut Street, which are described as Lots 2-5, Block 3, Williams Addition to the City and Townsite of Aspen; recorded 26 IMay 2005 as reception no. 510584, Pitkin County, Colorado. 3. City of Aspen Ordinance No. 48 (Series of 2004) approving amendments to land use code section 26.470.070 -Growth Management Quota System Exemptions and Section ~ -- --- - ....26.710.040 -Floor-Area Restrictions for the Medium Density (R-6) Zone District. 4. City of Aspen Ordinance No. 50 (Series of 2004) approving three (3) Growth Management Quota System Exemptions, Vacation of a Portion of Race Street, and a Fout-teen Lot Subdivision recorded 5-1 1 11-'D9 as reception no. 5114-08 , Pitkin County, Colorado. Article V Subdivision Improvements ~ Prior to the issuance of any Certificate of Occupancy with respect to the Project, Walnut shall accomplish the following subdivision improvements (collectively, the "Subdivision Improvements"), all as further depicted and described on the Final Plat: (1) improvement of Race Street, from Spruce Street to the Race Street alley at an estimated cost of $32,500 (but not less than the actual construction and testing costs), (2) construction of a s ix-foot wide trail extending from the intersection of Walnut Street and Gibson Street to the intersection of Race Street and Spruce Street, in accordance with City of Aspen Parks Department specifications and as shown on the Landscape Drawing, Sheet Ll, filed with the Final Plat at an estimated cost of $49,000 (but not less than the actual construction and testing costs); I (3) installation and landscaping of a park on the Fox Crossing IMeadow at an estimated cost of $28,800 (but not less than the actual construction and testing costs); I (4) installation of a sidewalk adjacent to Lone Pine road at an estimated cost of $17,500 (but not less than the actual constiuction and testing costs); I (5) installation of a "water main loop" with respect to the City's water system at an estimated cost of $66,250 (but not less than the actual consbuction and testing costs); 10 1.. 1 l-1~ 1 ri|' i|~~;~~~1~7|1| ~| ~J Ii~~-1 r11 of 13 1 j | b| | 3| a ' 06/20/2005 09:24A S.LFIA DAVIS PITKIN COLN-Y CO 2 31,00 - D 0.00 (6) installation of two (2) sewer main extensions (one on Lone Pine road and one on Spruce Street) at an estimated cost of $81,500 (but not less than the actual constuction and testing costs); and (7) Walnut has also agreed to pay for the installation of a sidewalk along a portion of Spruce Street, abutting Lot 2 and extending south from Race Street to the. existing sidewalk at an estimated cost of $11,000 (but not less than the actual construction and testing costs). This sidewalk is to be the subject of a neighborhood planning activity to be undertaken by the City of Aspeii to determine if there is a public need and neighborhood acceptance for this sidewalk. Walnut shall not be responsible for the cost of this side\Nalk unless the City provides notice that it intends to Walnut proceed with the installation within a period of three (3) years from the date of this Subdivision Agreement. After three (3) years following the execution of this Subdivision Agreement, no financial guarantee shall be required of Walnut witli respect the cost of this sidewalk installation. In order to ensure consti-uction and installation of the Subdivision Improvements (1) - (7) described immediately above; Walnut shall provide to the City either an irrevocable standby letter of credit from a financially responsible lender or a bond in the amount of $276,550. Said letter of credit or bond shall be provided to the City prior to the issuance of a grading or access permit with respect to the Project, shall be in a forni reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default hereof by Walnut, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit or bond amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any 1 deterioration in Subdivision Iniprovements already constructed before the unused remainder, if any, of such letter of cred jt or bond is released to Walnut. Provided, however, that the City shall give Walnut fourteen (14) days' written notice of a default (and the right to cure during such period) prior to the Citfs right to make a draw under the letter of credit or bond. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of Walnut shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period for time following its occurrence. Â·As portions of the Subdivision ,Improvements are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall autliorize a reduction in the outstanding amount ofthe letter of credit or bond equal to an agreed upon estiniated cost for the completed portion of the Subdivision Improvements; provided, howeverthat ten percent CIOÂ°/6) of the estimated costs shall be withheld untjl all of the Subdivision Improvements are completed and approved bythe City Engineer. It is the express understanding of the parties that compliance with the procedures set 1 forth in Article VI below pertaining to the pi-ocedure for default and amendment to this Subdivision Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Walnut as set forth above. 1 1 11 1 . . 1 4%49242 '10 - 3411-~f J 1 1 0 4'U' 111141 511411 Ii| Page: 12 of 18 ddllhl I lul~ 06/20/2005 09:241 SILVIA DAVIS PITKIN COUNTY CO R 91.00 D 0,00 Article VI Non-Compliance and Request for Amendments or Extensions ~ In the event that the City determines that Walnut is not acting in substantial compliance with the terms of this Subdivision Agreement, the City shall notify Walnut in writing specifying the alleged non-compliance and asking that Walnut remedy the alleged non-compliance within such reasonable time as the City maydetermined, but not less than 30 days. If the Citydetermines that Walnut has not complied within such time, the Cjtyniayissue and serve upon Walnut a written order specifyjng the alleged non-compliance and requiring Walnut to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Walnut may file with the City Engineering Department eithera notice advising the Citythat it is in compliance ora written request to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist; or ~ (b) Whether a variance, extension of time oramendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. _ ... - _ .._ . Upon the receipt of such request, the.â€žCity shall. promptly schedule a meeting of the parties to consider the matters set forth in the order of noncompliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City deteimines tliat a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate underthe circumstances. The parties expressly acknowledge and agree that the Cityshall not unreasonably refuse to extend the time peiiods for performance hereunder jf Walnut demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God orother events beyond the reasonable control of Walnut, despite good faith efforts on its part to perform in a timelymanner, Article VII General Provisions ~ 7.1 Successors and Assigns. Tlie provisions hereof shall be binding upon and inure to the benefit of Walnut and the City and their respective successors and assigns. 7.2 Governing Law. This Subdivision Agreement shall be subject to and construed in accoi-dance with the laws of the State of Colorado. 7.3 Inconsistency If any of the provisions of this Subdivision Agreement orany paragraph, sentence, clause, phrase, word, or section orthe application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. .. ~ ~ 3~ -1 @1!113Nllid lill illli IMI~d dlitil Ill ?3~~~~ IM' 1~1 5-1 1 Â£1~2 .1 1 - S.LLIA DAVIS PITKIN COUNTY CO R 91.00 D 0.00 7.4 Integration. This Subdivision Agreement and any exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Walnut and its successors and assigns may on its own initiative petition the City Council for an amendment to this Subdivision Agreement or for an extension of one or more of the time periods required for the performance hereunder. The City Council shall not unreasonably deny such petition for amendment orextension after considering all appropriate circumstances. Any such amendment orextension of time shall only become effective upon the execution by all parties hereto that are affected bythe proposed amendment. 7.5 Headings. Numetical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed deten-ninative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Acceptance and Recordation of Final Plat. Upon execution of this Subdivision Agreement by both parties hereto, the City agrees to approve and execute and the Final Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, 1 Colorado, upon payment ofthe recordatjon fees by Walnut. 7.7 Notice. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if delivered by facsimile! if hand delivered, or if delivered to the parties by registered or certified mail at the addresse-s indicated below, or such other addresses as may be substituted upon written notice bythe parties ortheirsuccessors or assigns: The CW City of Aspen City Manager; Community Development Director 130 South Galena Street Aspen, Colorado 81611 Wai.n.ut: Walnut Property, LLC 225 North Mill Street, Suite 208 Aspen, Colorado 81611 Facsimile: (970) 544-9251 With copy to: Curtis B. Sanders Krabacher & Sanders, P.C. 201 North Mill Street, Suite 201 Aspen, Colorado 81611 Facsimile: (970) 925-1181 Provided however, that any notices to Walnut Property, LLC may only be delivered by hand delivery or by facsimile. 13 . . 1 lt - 1 71 511411 I vi llinll fll Ill] 0 M-} 001 Ill E'Ha lll Jil Page. 14 of 18 46 06/20/2005 09: 24!4 ~ S ILL IA DAVIS PI-KIN COUNTY CO R-31.00 D 0.00 IN WITNESS WHEREOF, the paities have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, CO[AQADO, a Colorado municipal 6'ANk.....1 corporation, / 44< 7 --0Â£0 - g-laÂ»r-~gpe02*r~n-aeÂ·~,n-7~2Â·1Â· U-=7- W /- 4 6, li Â»4 Atte=:4: :Â©iI. A Un a , 3 -ArlÂ»uÂ»a N---- Â»uuÂ© Kathryn S. Koch~ity Clgff< APPROVED AS TO FORM: -t r i ) 1 L -F. John wart Q.yh r JadA Worcester, city Attorney .... WALNUT: WALNUT PROPERTY, LLC, a Colorado limited liability company By:C - -RAJ. 7- 2 Camilla S. Auger, as President of Meridian Capital Group 111, Inc., as its IVanagerÂ·-<~~~~~~~~~~Â£,LF ~ 14 I.. 1 SILVIA DAVIS PITKIN COUN-Y CO - 2-91.00 D 0.00 STATE OF COLORADO ) SS. COUNTY OF PITKIN ) ,9 a The foregoing instrument was acknowledged before me this 422 dly â‚¬414.2 1 2005 by Helen Klander-ud as R/layor of the C jty of Aspen, Colorado, a municipal corpojtion. Witness my hand and official seal, -3021.~k My commission expires: 4]1 3/l 2 -0 1 -1-- 2-1,1 9 13.9 / 4<hi R ' . 1 4 4 n... -LKâ‚¬ /1~otary Public , r. STATE OF COLORADO ) U 1 '11 X428~62 SS. COUNTY OF PITKIN ) 42r- -- - - - The foregoing instrument was acknowledged before me this-Â·fl'dhy offl,Uo2005 by- - ... IKathryn S. Koch, City Clerl< of the City of Aspen, Colorado, a municipal corporÂ®6n. -.3.-1-9-3-Z-k.t. Witness my hand and official seal, fk... ~ 2< JACK\2 -~Â·-: '~ My commission expires: 34b9-C 200 1 .*-4/3-1 110>\. 1 A + /fffary Public Â«'j Xh A - ..6......... 0 44~~ OF edu STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this /7*ay of)Â»tu~2OO5 by Camilla S. Auger, President of Meridian Capital Group, III, Inc., Manager of WAut--Prgperly, 1 LLC, a Colorado limited liability company- 1 4 PUBLEAL,0 Witness my hand and official seal, 146 )8 / My commission expires: 601Â·// '7-/24Â£&7- L /9 : .01 1 42Â» N 4,4 , 41/ - 4*Ari. u., '191 0, .-:T- R/*LA_j V ,- ....0Â»' N)(ary Public / 772 OF o 1 15 . . 1 i Page: 16 of SILVIA DAVIS PITKIN COUNTY CO R 91.00 0 0.00 AGREEMENT , (Walnut Properties, LLC and City of Aspen) This Agreement is entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Walnut Property, LLC, ("Walnut"). WHEREAS, Walnut has recently received land use approvals for a project commonly refen-ed to as Fox Crossing (se e Ordinance No. 50, Series of 2005); and, WHEREAS, the City Council, as condition of the land use approvals granted to Walnut, required Walnut to enter into all agreement with the City of Aspen Parks Department relating to certain landscaping and trails to be constructed and maintained within the approved land Else project. NOW THEREFORE, the parties hereto agree as follows: 1 1. -Desitii: The-FOx Cossing Park Bhill 136 -fiassi-ve: grass, flowei-s; tr-e-ds aild shrilbs. TlieÂ· - - landscape plan will be provided by Walnut Property, LLC, ("Walnut"),and approved by the Aspen City Parks Department, ("City") and the Historic Preservation Commission, ("the HPCD. 2. Installation: Walnut shall install the Fox Crossing Park and the sprinkler system as designed. City shall provide a water tap for the sprinkler system without a tap fee or other charge from the Water Department. 3. Parking: Walnut shall provide three (3) parking spaces on Walnut Street at the edge of the park 4. Maintenance: The City shall maintain the Park. Walnut may provide additional maintenance and upgrade as desired. Specifically, Walnut will maintain flower gardens, floral displays, water featuresÂ·and other special items as mutually agreed. 5. Path/Trail. Walnut shall install the trail as shown on the attached drawing appended ~ hereto as Exhibit "A". The Trail shall be maintained by Walnut: snow removal in the winter and broom cleaned free of gravel and debris in the spring, summer and fall. 6. Lighting/Signage: Walnut shall design and install lighting and signage including the history of the neighborhood and the railroad, which will be approved in advance by City and the HP C. 7. Structures: There shall be no structures iii the Park. Stone or wood benches, birdbaths, dog pick-up stations, water features, and drinking fountains will be allowed, in coordination with the City of Aspen Parks Department, at Walnut Property, LLC's discretion and expense. Page 1 .. 1 I IÂ·Â·j Il 'I 1 211 111 11 *111"11 06/20/2005 09:24A SILVIA DAVIS PITKIN COUNTY C) R 91.00 D 0,00 8. Hours/Activities: The Park will be opento the public from 8.00 AM. until Sunset. Residents of Fox Crossing may use the Park at other hours as well. No fires or picnic tables shall be allowed. No special events shall be permitted unless agreed to and scheduled in advance by both Walnut a.nd City. There shall be 110 time restrictions on the use of the trail. 9. Park Dedication Fee. Iii view of Walnut Property, LLC's major contribution of the Fox Crossing Park property to the City, the installation of the Park and the $100,000 commitment to Aley/Spruce Park, no additional Park Impact Fees shall be due from Walnut. The $100,000 contribution for Aley/Spruce Park shall be spent at Aley/ Spruce Park, unless there are excess funds left over, iii which event they shall be used on Fox Crossing Park. Walnut and City sh.all agree ona final design (which may be modified by the public comment process) for Aley/Spruce Park. The Park will be passive (trees, grass, shrubs, flowers) except for playground equipment. At the end of the Park nearest Centennial on Spruce Street up to six (6) dedicated parking spaces will be located for the Park and for hikers. 10. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Walnut: Camilla Auger, President Steve Barwick, City Manager Meridian Capital Group, Inc., Manager City of Aspen Walnut Property, LLC 130 South Galena Street 225 North Mill Street Aspen, Colorado 81611 Aspen, Colorado 81611 11. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants call be modified, changed, ten-ninated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (13) If any of the provisions of tliis agreement shall be held invalid, illegal or 1 unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be maile except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Page 2 . . 1 i Iffill ddlll Lid//t#j 3111# fl#j /11(/lf fliffl j'/Il fflifl y# iffl 2~ 91: z 41 2 1 f 18 M d M ell SILVIA DAVIS PITKIN COUNTY CO R 91.00 0000 ~| 06/20/2005 09:24A IN WITNESS WE-EREOP", the parties hereto have executed, or caused to be executed by t}]eir duly authorized officials, this Agreement in three copies each of which sb.all be deemed an original on the date hereinafter written. ATTESTED BY: CITY OF ASPEN, COLORADO. 0% A--/7 N n. t/ (/ By: tb.~~t:~2..Â»~Â« , 1 4.---A r {1 ~,AA n /--0 fl l : LUA,4 0 , C1D.2..CA LUWAO Steve Barwick Title: City Manager ~ Date: 5 -- 334 - 0 3 1 - --- - WALNUT: - WITNESSED BY: By: Camilla Auger, President ~ <3*p:Alâ‚¬44,3,Â· F . Meridian Capital Gro-up, Inc., Manager Walnut Propgy, LLC ~ Date: Fte'(f ED 31 or Bendon C:\home\Currei-it Planning\CASES\Fox Crossing\FoxCrossingrarkAgr.doc ~ I '1.Â·1,1~ 0 12'* i G . .1 0-*w,l â‚¬A r- A ti 44<eit - Ll 80 1-0/ ( 4?e:GA#* (11.J:, as 2.# e-pfai < r. 6 - 4 6, 0. 1. 9 /9,5.Ot tv l jvy K 63 0. Page 3 1.. - PLAT RECORDING ]NFORMATION updated 3/04 1 RECORDING LABEL: Plat Book: 7144 page: 17- /31 0<OL 6/ 1 4 j CD 1 DOCUMENT TYPE: PLAT GRANTOR: OWNER'S NAME: Last name, First name 1) pox (3 /O-,sn l'/1~~ ~ LKE~ NAME OF PLAT 2) G r I -PPI'-4 4 Prop e_ rt ~j LL(i 3) \Ajol rat,d Proper-13 LLC_ 49 0-bnlif Prope.jÂ°~Â¤ I LLC_- 4) LOO \ r--1 ul ~t- Opg- rt tj 1 1 L L_(L 1 __\46 i r.rVft_~p focÂ«-lij_'1_1 _9_p_Â© __ ~____ __~_~_ ____~ __~ ___ ~_ ______ ~_~ _~ __ ___ _~~~ __~_~~_ ~ -GRANTEE. - NAME OF PLAT (Include either "SUE' or.1.CONDO) - - - 1 \76< Cross unct Glib 1 1 REMARKS - Options: 1. 1st amended, 2nd amended, etc. 2. Supplemental 1 PROPERTY DESCRIPTIONS: 1) NAIME OF PLAT ~ ALL OTHER LEGALS... 2) 7- IO - 841 3>94 4 1 3) 1 4) 1% 1 ~ G:\recording\forms\plats.doc 1 t~' Ft public Access -*- ~ i Easement Area ~ I /1 from Hunter Creek - Setback increased-7. --I / , 1 b Condominium HOA from 10' to 15' 15' 00,T-- Lot 1 Il J d LO - Hunter Creek per HCC's request 1 1 11 Duplex Units a,b .,-) 1 1 1 1~ Lot 3 | 1 ~-~1 11 Condominium Single Family I _f-9.1~-- 16.00' Setback reduced- 4 1 10' from 20' to 10' ... . 4 lilli ..4 , .1. .L. 1 . RACE STREET ---------- -3-10'--~ -I:.~ 1,)' Pedestrian Trail /0 101 -- -- -- - Â· Â·110 1=- - - - - r Parking Shoulder (Gravel) - 1 lit, 1 1/ -- -- -- -- 20 1.- 1 Lot 4 Single Family ' ~~ E-- -1 135.30' 25065.3sf , Lot 8 1 14 - ------------ -110- Lot 2 LOT 3 -Ic -_ -_ __ _- 1 Duplex Units a,b 30.0 1 I Single Family 11 li i AREA 14660.5sf | I ~ ~07 ~---------- ---- 71 LU 1 0 / i /... 1 Lot 5 11 < L -- -------------3 1 1 CE 1 / 205,17. 1 Single Family 1 1 Building Envelope 4 2---- 2 /5931 .1 6,572 sf Historic House Ill -BET60---F-- --. 11.10' 1 10.0 14.90'X-~ - - ---- U 1 1 4.60' 1 -T1 'r:9 0 -In 7 - - 1 //2 /4 4 Relocated cabin 11~ 10.0 --tip i & i fl 13.40' 73.80' 1 LOT 6 1 4 Single Family 1/0 1 .1 . 1 1 LOT 2~ < c// 1 10 1. AREA 7510sf 1% ~ & 1 00. C. // ./. ./ / // 10\ Relocated Cabin ~ 1 '' f / Al li Building Envelope _ _ ~-10-J Q ~ 4 C Lot 9 L -3.~3.~-~f 66.30' E- 67 / / Single Familly ~ 1 lof / / 6945.2sf I 85.00' -- -- 1 -17 1 --17 -------- 1 C.O Building Envelope 55.90' 2,980.7 sf 11 1 1 - ~ Building Envelope I Lot 7 1 41 - < | 8 3.374 sf 8 Single Fannily 4 49.40' I 6007.48sf i.\ i \ 2----------1-1 i 1 -- 85.00' / 1 1 ~0---4 9849.4sf I ~ -- City of Aspen R.O.W. -- -- -- -- 2 Parking l LOT 1 ~ i ~ - I spaces I~ 0 ' L_2 1 1 \ 1 1 'O \ \ / ) 5- 20 1\IN'Aut 1 1 \ \ Building Envelope 6 -\ \C 1 4,236 sf ~ ~ 1 Building Envelope 1 \ \ 5,307.3sf 3 - 7 1 1\ U , 1 - 1 /1 \ \ 1 J 1 0 ZJ Existing Single 4\ 1 27 1 ,,04 Family House - 1 .db., 10, 0 - -1 7.8 \110.01 J 1 1 Lf 10 ~ Du<ex Units a, b I 1 GRAPHIC SCALE \ Lot Area 11219.8sfi ' 20 20 40 80 120 s ~acated Area 432.~sf ~â‚¬01\ | ~ Park Area (9,044 sf) -0 t.* 23.60' SCALE: 1" = 2020" 1 1 -- A311v 133 81S 33nkldS WALNUT LINE TABLE . \. - UNE LENGTH BEARING NORTHING EASTING Ll 109,58' N90'00'00"E B 4053.00 B 4488.60 \ r-N:4063.60 E 4053.00 E 4598.18 / E:4662.79 - 10' PEDESTRIAN TRAIL C i d I 0 4 95 2 - 4 10 //Z%%WK O 5 90 ro N M - rn O 0 1# u-* -~~60* 05 10 N / -- -5 r< 06 11 4- h H Loris and Associates Inc. It iII a. 2585 Trail Ridge Drive East 11 d 0 Lafayette, Colorado 80026 lid & 0 85 303.444.2073 $9 9 R (,9 5 4 6 Project Inforrnation: W, , + u W NUMBER 05143 9 1- 4 0 + m ENGINEER MP Cl CD 10 0 MANAGER MP > *.il.- -Ii -----.-. G) -- --7--- -<~~PROPOSED GFUDE @ CL 11 80 -L ol u ~ DRAFTER NGO A 1- 1\ vp' STA = 5-10.00 > 3. EXISTI 4G GRADE O CL . VA EL = 94.76 7. DRAMNG: CJRVE LEN = 140.00 75 NOTE: ALL WORK DEPICTED ON THESE (Â© K = 10.78 PLANS SHALL MEET THE REQUIREMENTS OF THE JUNE 3, 2004 SMUGGLER --.4 ISSUE: DATE: MOUNTAIN SUPERFUND SITE REMEDIATION r MAP. ALL EXCAVATION MUST BE PO . 3-8-06 0 PERFORMED IN COMPUANCE WITH CNY OF 8-3-06 ASPEN INSTmmONAL CONTROLS AND THE 2-6-07 R 70 SMUGGLER MOUNTAIN SUPERFUND SOIL 7 11 / REMOVAL PERMIT FOR THIS PROJECT d p JOB NO. 05143 ~5 UTILITY NOnACATiON i mm CENTER OF COLORADO 65 SHEET Na 1-800-922-1987 WALNUT STREET PROFILE CALL 2-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE 2(5.0 HOR: 1" = 20' FOR THE MARKING OF UNDERGROUND 0 t VEE: 1" = 5' 60 MEMBER UnUTIES 4 1 WALNUT STREET r- PLAN AND PROFILE 1-00 2-00 3-00 4-00 5-00 6+00 Â®00,1Iia,Ir aMmm ai,#,1, AIL,1,1EfS . 0690-â‚¬Â£90Â£6 Val . Ze,09 00 tZÂ»mk!Â§ 11*0*IVV~/8115 . ZOE liS "al 3AOID Ded 1061 US M/8'X] D XO3 STA = 3+12.04 VPT EL = 82.88 1+07.50 VPC STA = 2+2 = VlS OdA 99' = 13 OdA MATCH EX STING i OP STA = 1 00 . ... '.; '0 .I.V. 0 1 .. . :, I 0, .0 10 A . , 0 ': . ; . . 04631:Numt#lmwillimilimillimlizilillillill:6:18/latill'll'll'll- . -, r . --a .A' oIl .......,..L----C..-33....Ul...8.1 , , 0 . . , 0 4 . 0 0,0 0 ..'. . 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