HomeMy WebLinkAboutordinance.council.027-98
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ORDlNANCE NO. ~
Series of 1998
AN ORDlNANCE OF THE CITY COUNCn... OF THE CITY OF ASPEN, COLORADO,
CORRECTlNG A LEGAL DESCRIPTION AND AMENDlNG AN EXISTlNG AGREEMENT
WITH DR. RICHARD C. PHn...LIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH
AND DONNA M. TIMROTH FOR PROVISION OF TREATED WATER SERVICE TO SERVE
AN ADDITIONAL PROPERTY LOCATED ON NORTH SPRUCE STREET.
WHEREAS, the City Council has approved Ordinance No. 41, Series of 1997, which
provides for extension of water service to a private water system to serve the properties on North
Spruce Street owned by Dr. Richard C. Phillips, Raymond N. Auger, Albert G. Timroth and Donna
M. Timroth ("Owners") and for the potential addition of other lots which the main was designed to
serve; and
WHEREAS, one of the Owners, Raymond N. Auger, has advised the City that the legal
description of his real property in the original water service agreement should be revised to include
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a more recent description thereof; and
WHEREAS, Owners have requested that their existing water service agreement be amended
to include one additional lot to be connected to the private water system; and
WHEREAS, the Porath Family Trust has joined with Owners in an application to amend the
agreement to include its lot, which can be served by the North Spruce Street private water system;
and
WHEREAS, all of the properties to be served by the private water system are presently
located in Pitkin County, and not within the City limits of the City of Aspen; and
WHEREAS, the Porath Family Trust has accepted provision of water service as conditioned
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WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension
of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an
agreement with the City and in accordance with the City of Aspen water main extension policy and,
further, that the City may grant water service only upon a determination that no conflict exists
between the best interests of the City and the prospective water use, and that the City may impose
such contract, water rights dedication and bond requirements as it deems necessary to safeguard the
best interests of the City; and
WHEREAS, the City Council has adopted by Resolution No.5, Series of 1993, as amended,
policies to guide municipal water system development and services beyond the City limits; and
WHEREAS, said policies require the City Council to make a determination that the proposed
water service extension complies with said policies and is in the best interests of the City of Aspen;
and
WHEREAS, the City Council has had an opportunity to review with City staff the proposed
Correction to Property Description concerning the Raymond N. Auger parcel and the amendment
to the existing North Spruce Street Water Service Agreement to add the Porath property,
NOW, THEREFORE, BE IT ORDAlNED BY THE CITY COUNCn... OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
The City Council of the City of Aspen hereby determines that the Correction
to Property Description to the North Spruce Street Water Service Agreement be approved in the
form attached hereto as Exhibit A and incorporated herein by reference.
Section 2.
The City Council's agreement to provide water service to the Porath property
is conditioned upon submission and approval under the City's 8040 greenline and Ordinanc\ No. 30
. r:: (d~'~~ Z.d'':'' &.id .Q~ f 1~.i(~rt'2.... 24..t.e./d~"~~)'
revlews).an urt er con ltJone upon comp etlOn 0 annexatIOn an rezomng to pnor to
development.
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Section 3.
The City Council further determines that the proposed provision of additional
City water to the North Spruce Street private water system to serve Porath's property located on
North Spruce Street outside the City limits of the City of Aspen is in the best interests of the City
and substantially complies with the City of Aspen water policy for extraterritorial services, as set
forth in Resolution No.5, Series of 1993, as amended, and therefore agrees to extend City water
service to Porath's residential lot to be connected to the private water system located on North
Spruce Street in Pitkin County, on the terms and conditions set forth in the Amendment to City of
Aspen Water Service Agreement and Pretapping Agreement attached hereto as Exhibit Band
incorporated herein by reference.
Section 4.
This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 5.
If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 6.
A public hearing on the ordinance shall be held on the ciJ"'l-<4.-
day
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, 19~ in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
lNTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the ~ day Of~' 199e.
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John . ennett, Mayor
Attest:
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a;!!:/:/3- ADOPTED, PASSED AND APPROVED THIS /8
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O.L (7~-'''.wJ{)'
y;;;;f; ;ennett, Mayor
DAY OF
Attest:
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BROOKE A. PETERSON
GIOEON I. KAUFMAN'
HAL S. OISHLER -
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
315 EAST HYMAN AVENUE. SUITE 305
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-'090
OF COUNSEL:
ERIN L. FERNANOEZ-
. ALSO ADMITTED IN MARYlAND
.. ALSO ADMITTED IN TEXAS
- ALSO ADMITTED IN FLORIDA
VIA HAND DELIVERY
July 2, 1998
City of Aspen Water Department
130 South Galena Street
Aspen, Colorado 81611
Attn: Phil Overeynder and Cynthia Covell, Esq.
Re: Amendment to City of ASDen Water Service Al!reement
and PretaDDinl! Al!reement
Dear Phil and Cindy:
On behalf of my client, the Porath Family Trust Dated 03/15/94, I am enclosing herewith the duly
executed Amendment to City of Aspen Water Service Agreement and Pretapping Agreement. The delivery of
this document, however, is conditioned upon the.fact that the execution of this document by the Porath Family
Trust Dated 03/15/94 shall not in any way diminish our ability to contest any conditions imposed by the City
of Aspen Planning Office or the Aspen City Council in connection with the approval of this Agreement. Ofr
special concern is any request by the City of Aspen that the property owned by the Porath Family Trust Dated, '
03115/94 participate in any further land use reviews, including but not limited to, 8040 greenline review, other
than those reviews of the building plans which will be submitted for a building permit, since we have already
received 1041 approval from Pitkin County for a home on the property.
With this understanding in place, my client is more than willing to submit to and agree to the conditions
of the enclosed Amendment.
Should you have any questions, please do not hesitate to contact me.
Yours very truly,
BAP /ljk
Enclosure
cc: Arnold Porath
letters\cityof aspen water dept.
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AMENDMENT TO CITY OF ASPEN WATER SERVICE AGREEMENT
AND PRETAPPING AGREEMENT
This Amendment is made , 1998, to that certain Water Service Agreement
entered into December 15, 1997, in Aspen, Colorado, between the City of Aspen, a Colorado
municipal corporation and home rule city whose address is 130 South Galena Street, Aspen,
Colorado 81611 (hereafter the "City"), and Dr. Richard C. Phillips, Raymond N. Auger, Albert G.
Timroth and Donna M. Timroth, individuals who are herein collectively referred to as "Owners."
This Amendment also amends that certain Pretapping Agreement among and between the sarne
parties dated May 26, 1998.
In consideration of the mutual promises and covenants set forth below, the parties and the
Porath Family Trust Dated 03/15/94 ("Porath") agree as follows:
1. The above-described Water Service Agreement was recorded with the Pitkin County
Recorder on May 27, 1998 at Reception No. 417351, and is herein referred to as the North
Spruce Water Service Agreement. The above-described Pretapping Agreement is herein
referred to as the "Pretapping Agreement."
2.
The North Spruce Water Service Agreement sets forth the terms and conditions under
which the City agreed with Owners to provide municipal water service to a private water
system to be constructed, owned, operated, maintained, repaired and replaced by Owners and
their successors. The Pretapping Agreement allows certain connections of individual service
lines to the water'main in advllnce"of connection of the service lines to structures.
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3. Paragraph 11 of the North Spruce Water Service Agreement provides that other
interested parties may connect to the private water system upon amendment of the North
Spruce Water Service Agreement and payment by such parties of any recoupment charges
imposed by Owners in addition to tap fees and other payments to be made to the City
pursuant to the North Spruce Water Service Agreement. ,
4. Porath is owner of the property described on Exhibit A, and referred to herein as the
"Porath Lot."
5. Porath has requested permission from Owners and the City to connect the Porath Lot
to the private water system, in order to provide water service to a single family residence to
be constructed on the Porath Lot. Porath has agreed to pay all recoupment fees required by
Owners, and has paid to the City the well system development fee and payment in lieu of
water rights required by the City. Porath will pay to the City when due all utility hookup
charges and water system connection charges (tap fees) required by the City connection with
the Pretapping Agreement.
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6.
Porath, by executing this Amendment, agrees, on behalf of itself, its successors and
assigns, to be bound as an Owner to all of the terms and conditions of the North Spruce
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Water Service Agreement and the Pretapping Agreement, and Porath specifically represents
that it is familiar with, and agrees to be bound by, those provisions regarding annexation of
the Porath Lot.
7.
Owners 'and City hereby agree that Porath may'become a party to both the North
Spruce Water Service Agreement and the Pretapping Agreement as an Owner, subject to all
of the terms, conditions, benefits and burdens of both agreements.
8.
Owners and Porath hereby confirm that the North Spruce Street Association, which
has organized, managed and advanced funds for the planning, permitting and construction
of the private water system infrastructure, has the exclusive right to grant others the right to
tie in to the private water systern and to charge others a recoupment charge in addition to tap
fees and other payments to be made to the City. The North Spruce Street Association hereby
grants Porath the right to tie in upon payment of his agreed upon recoupment charge.
The parties and Porath agree that, by the addition of Porath as a party to be served
pursuant to the North Spruce Water Service Agreement, the City shall provide treated water
service to the private water system in an amount not to exceed 13.8 ECUs, or a maximum
of 5.03 acre-feet per year, and that references in paragraph 1 of the North Spruce Water
Service Agreement and the Pretapping Agreement to the ,amount of water to be provided by
the City thereunder are deemed amended accordingly.
10.
Porath's address for purposes of paragraph 29 of the North Spruce Water Service
Agreement and paragraph 10 of the Pretapping Agreement is c/o Arnold Porath, 12').00
Wilshire Blvd. #14t!0, Los Angeles, CA 90025. Said address may be changed for purpose,
of either agreement as therein provided.
This Amendment shall be recorded at Owners' expense.
12. Except as otherwise herein specifically amended,the North Spruce Water Service
Agreement and the Pretapping Agreement remain in full force and effect.
Dated: ~ / /Cflg-
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CITY OF ASPEN
ATTEST:
By:
1"'"",
Jokne/~
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City Clerk
FINAL VERSION 062698 9:00 a.m.
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Porath Family Trust Dated 03/15/94
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By: An .".,<-~ ~A-n.4
Trustee
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JUN 26 '98 01:42PM FREILICH, MYLER, LEITNER & CRRLI
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. JUN.26.1998 3:33PM LAW OFFICES
NO.909 P.2
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NOTARIZATIONS
City of b~'l.GI- }
and County of '';)l~ }
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State of Colorado }
Subscribed and sworn to before me by A I bc,r+ {"'lTm~~ on this ?-q f1-, day of
1;;:]\,(\0 .1993-.
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. ! Witness my hand and official seal.
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Notary Public
City of 2>>.~l+- ) 164 RIdge Road . P.O. Box 1171
_ 8I88ll. CO 81621
."--" and County of ~'\ Ie... } My Commls$ion ltl<l'lres 0712712000
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State 'of Colorado }
Subscribed and swom to before me by T:bIm. m. r; l')'\ rv-fhon tbis J..q R day of
/ I "JU1'1'C..- . 1991-.
lll!,fl{mCS5 my hand and offi~al seal.
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-andCountyof~ } 164Rklll!lRoad. P.O. Box 1171
BI8aII. CO 81621
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State of Colorado )
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. JUN.26.1998 3:33PM LAW OFFICES
NO.909 P.3
.~. Subscribed and sworn to before me by Qay(YVlnd N. Ar~ebn this ;J qih day 01:
::Tune, . 199.fl.. .
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My commimon expires:
CityOf~
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State 01: Colorado
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41!122 03/31/1998 02:11P DETERMIN DAV!S S!LVI
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DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING THE PORATH 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMISSION
RECITALS
1. Arnold Porath (hereafter "Applicant") has applied to tbe Pitkin County Hearing Officcr (hereafter
"Hearing Officer") for a 1041 Hazard Review approval to establish a building envelope to construct a
new single-family residcnce.
2. The property is located on Notih Spruce Street, east ofthe Williams Wond housing development, and
is more specificaBy described in the attached Exhibit A.
3. The majority of the property is zoned AFR-! O. A small ponion of the property below the 8040'
contour line is zoned R-30. The site contains approximately 1.5 acres.
4. The Hearing Officer heard this application at a public bearing on March 26, J 998 at which time
evidence and testimony were presented with respect to this application.
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NOW THEREFORE, BE IT RESOLVED by the Pitkin County Hearing Officer that approval is
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hereby granted to the Porath 1041 Hazard Review and Conceptual Submission, subject to the following
conditions:
1. The Applicant shall submit an amended site plan to the Community Development Department for
recording, prior to submission of any building permit applications. The site plan shall also be
submitted in digital format for integration into the County's GIS system. The site plan shall be
modified as follows: '
A. A signature block for tho Pitkin County Hearing Officer and Acceptance for Recording shall be
included.
B. The following 1041 hazard waiver shall be included on the site plan with owner signature:
"Applicant acknowledges that he/she has been informed by Pitkin County of the existence of
1041 environmental hazard areas that might affect the property, any improvements, and the use
and occupancy thereof."
C. A vicinity map shall be included on the face of the site plan.
2.
The A,pplicant sball comply with tbe following landscaping and wildfire defensible space mitigation
standards:
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A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetatioll shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter arouJ'!d a structure built on flat ground.
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Determinatfon No. 98-
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C. Spacing between clumps ofbrush and vcgetation wHhin the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two
times the height of the fuel. AI! measurements shall be from the edges of the crowns ofthe fuel.
D. All branches from (rees and brush within the 30 foot perimeter shajl be pruned to a height of 10
feet above the ground and removal of ladder fuels from around trees and brush.
E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the
edges of the crownll. This does not apply to mature stands. of Aspen trees where the above
recommendation for removal of ladder fuels have been compiled with. In areas of aspen
regeneration, the spacing guidelines shall be followed.
. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet
ofthe chimneys shall be removed.
G. The density offuel withill a 100 fool perimeter oflhe slructures shall be reduced where natural
reduction has not already occurred.
H. All deadfall within the 100 foot perimeter shall be removed.
1. The Applicant shall be responsible.for the continued maintenance of the defensible space
vegetation requirements.
3.
The Applicant shall comply with the following additional wildfire mitigation standards:
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A. Roofconstruction s~all be Class A, non-combustible material with no fIat roofs.
B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum.
C. Roofs and gutters shall be kept clear of debris..
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from
any structure. -..
F. Weeds and grasses within the.IO foot perimeter shall be maintained to a height not more than 6
inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the
structure.
H. Fences shall be kept clear ofbrush and debris.
I. Wood fences shall not connect to the structure.
J. Fuel tanks shall be installed underground with an approved container.
K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from.
the structure with defensible space vegetation mitigation around any above-ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fIre.
resistive construction on the exterior side of the walls. .
1. Each structure shall have a minimum of one 10 pound ABC fire extinguisher.
M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non.combustible post.
N. All utility extension shall be buried.
4.
No development, including grading, landscaping, vegetation removal or disturbance, shall occur
outside of the approved building envelope, except for utility and driveway extension and
maintenance, and as may be necessary to implement the wildfire mitigation measures required
elsewhere in this document.
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5.
Should the Applicant decide to install a fireplace/woodstovc, a fireplace application must be filed with
the Environmental Health Department prior to the issuance ora building permit. .
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Determination No. 98-
Page 3
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6. The applicant shall connect to the Aspen Consolidated Sanitation District unless a Jetter is provided
to the Environmental Health Department prior to the issuance of a building pennit indicating that
sewer service to the property is not feasible.
7. Prior to the issuance of a building permit, the Applicant shall provide the Environmental Health
Department confirmation of adequate quality and quantity for water service on the property. In the
likely event that adequate water service on the property is not available, the applicant shall pursue
connection to the private water line proposed along North Spruce Street which will be installed
Spring of 1998.
8. Access pennit shall be reviewed and approved by the County Engineer prior to the issuance of a
building permit.
9: For any free market r~sidential structure of 5,000 gross square feet or greater, the applicant is
required to provide the ~ollowing traffic studies:
A. Prior to application for building permit the applicant shall provide for review and approval of
the County Engineer a construction trip generation study.
B. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a trip generation
study for the residence, which shall be developed qy a traffic engineering consultant hired by
the applicant and pre-approved by the County Engineer."
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10.
All material representations made by the applicants in the application or in public meeting shall be
adhered to and considered conditions of approval, unless amended by other conditions.
NOTICE OF PUBLIC HEARING PUBLIsHED IN THE ASPEN TIMES ON THE 14THDA Y OF
FEBRUARY, 1998.
APPROVED AND ADOPTED ON THE 26TH DAY OF MARCH, 1998.
A TrEST:
HEARlNG OFFICER
OF PITKIN COUNTY, COLO'RADO
,~
. .5).flfM.orJLMJI~
Sharon Birman
Administrative Assistant
~6,^,JU
Lane C arke
Hearing Officer
Date: ':'::'/J...' I q &'
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APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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John~/
County Attorney
//1V!~/L .;;?i:}.<(,?8
Cindy Rouben,
Community Development Director
----
Case #P 151-97
PlD #2471-114-00-0n4
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EXRIB!T A
PAR:St A
A tr:a::t of latxi in t:te l-bl:iTEast: 1/4 of Se::t::i.o1 7~ Toonship 10 so..rth,
Fan;:e 84 West of ti:e Sixth Ptin::ipalMe:ridian, situatei errl:l.rely
within ar.d ~ part of the COr:a lee ani Ella ~ Io:las, UnitEd
Sta'tes M:i.oora.l Survey}b. 5304, ~, descd.l:e::1 as fol1.cMl:
. -
~ at t:te inl.ai~o:f l.:inJ 2-3 or the .said Cora tee I..cX!e
em tba N::tcth lire of tba ~ 1/4 of t:te SOOtheast 1/4 of .said
Seci::icn ?;
'l:!'1er= N::tcth sa' 57' ~ 41B.84 feet;
t:t.e.oc-e N:rr:1:h 45' 51' EaSt 113.15 feet;
tOOoce N::Ict:h 44' 09 I ~ 105. CO .feet;
tter:x::e N:Irt:h 45' 51' East 182.00 f1:et;
'l:!'1er= ~ 44' 09' East 402.20 feet;
'CO the P::d.nt of E€gi.rlnir.g.
PAliCEI:, E
po. rx:n-excl.usive ea,w,.,,,,,it for .i4...=, eg:r:ess ani utility inst:allat::l.cr1
"'-'-'-""'" tb; fol.'l.ow.ir1g aesc:::i..l::ed j,JJ.~ t.1:
.
-,
A st:I::l.p of 16rxl. 20 feet in w.ldth ~ tt:e ElJ.a ~'!.ct5e claim,
Uu:tEd States M:lr.e1:al SJ.J::l:"-;ey No. 5304. Arreo::le:i, J:Ur1Il.1r.g adj 8Ce:l.t to
ard ext::en:iir:g 20 feet N::lrtl:1e:c1yof the 1/4 lir.e of section 7, ~
10 Sa.rth, ~ B4 ~ of t:ba Sixth :E'tir:c:if:all1:r:idian, '=
part;iOllar1y des::r:il:::ed as fol.lools;
Eeginn.ir.g at tt.e illl..e.c.:;e:..LJ.cn of tt:e 1/4 lire of Secticn 7 with tbS
~ "'.;""" ;r:e or said Ella Sten.'o::d t.dle, as l!l6.'tXed by a 1954
brS.ss cap; -
trea:e Sa.rth 88'57' East 422.05 feet tr:J tre iuL=5E'ctia'l with t:te
Scui:lleast siOe..l..i:re of said Ella S1::&w::cd I.o:ie;-
t:ta:ce N::tcth 4,5' 51' East 28.19 feet a1a:rg said Scul:he.est ..-;""" -;1')61
tl:en::::e l'brth 8S' 57' West 422.05 feet to the inters=cticn with the
~ siOOl.ir:e of i:he said Ella Sb=:r:l->o:d Ia:'le;
t:h=rx:a Scuth 4.5'51' \lkst 28.19 feet a.lcrg said ~ ~i""'l're 'OJ
ti:e Po.int: of ~.
U~~1I1111111111111111l111111l11l111l11ll111l111ll1111
33 03/08/1999 11:02A ORDZNANC DAVIS SILVI
15 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO
! 11111111111 1I11I11II11/IIIIIIIIIIIIIIIIIJ 1111111111111
415122 03/31/1gSB 02:11P oETERMIH ORVIS SlLVI
4 .r 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
cIZ.
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~
CORRECTION OF PROPERTY DESCRIPTION
(This is a correction given to correct an erroneous legal description of the property
described as "Raymond and Camilla Auger Property" in Addendum I to that certain Water
Service Agreement dated December 15, 1998, and recorded with Pitkin County Recorder at
Reception Number 417351, page 27 of46, on May 27, 1998.)
The undersigned acknowledge that the legal description of the property identified in the
above-named Water Service Agreement as the "Raymond and Camilla Auger Property" does not
describe the property intended to be subject to said Water Service Agreement, and that said property
description is hereby replaced in its entirety with the legal description attached hereto as Exhibit 1 and
incorporated herein by reference, References to the "Subject Property" in the above-referenced
Water Service Agreement and any amendments, addenda and exhibits thereto are deemed to include
the property described on Exhibit 1 hereto.
Dated: August 10, 1998
,-,.
CITY OF ASPEN
~ 17~:;;t6
Mayol
RAYMOND N. AUGER.
R~~
Attest: ~
ti:?~f ~/d 7tI<-
State of C'r-XJ)~f.)m )
) ss.
Countyof ?Lrk~ )
/0 Su~~~d and ,s~09~before me by Raymond N. Auger, on this ll?~ day of
~,"""'\"';;j~~i~ness my hand and official seaL ) /103 "000
,{~.':~~ ~..."Q"'J"I""'':;~''',,.,,'''''''- r,~.. I, ~
" "".... l1.1 WI/" ~~,,~ ",. ~ =< ~
.,' ",":( ,.,", " ,,,. \"" ~, -----.
.'. "" i c.::::. ~ ~ ';G;;,fiAL) \ _" (1, u ~,
"! en 0 ~ !)>: ~ Notary Public
;'?, ~ f# ~'~.r;r = ~
't""q\<"'" ~'':J:.. F ~
~.,... ~ -< . I"'~. ,:. .. .
..:(";...'2.,,......\0."'. '.... My commission expires: II 8 &a)()
..,..,t..".~::~~\~~tTTACH\CORRE~2WPD ' .
("" . .\\\i~~~\\~\\ \\
\'\'",;,,\\'~\"\"'-'\,\
111111I1111I1111I11111111'1111I1"111111111111111111111
428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI
16 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO
~
i .
DESCRIPTION OF AUGER PROPERTY
The Parcel is located in that portion of the Mining Claims Cora Lee, M.S. 5304
Amended and Ella Sherwood, M.S. 5304 Amended in the SW 1/4 of the NE 1/4
of Section 7, Township 10 South, Range 84 West, 6th Principal Meridian, County
of Pitkin, State of Colorado being more particularly described as follows:
Beginning at the southwesterly corner of the Parcel whence the C-E 1/16 corner,
Section 7, Township 10 South, Range 84 West, 6th Principal Meridian, a Bureau
of Land Management monument with a brass cap, 1954 bears S 890 11' 09" E,
175.10 feet;
1. Thence N 440 13' 06" W, 402\.(9. "<!l; 'J'~"" rr' ~,""
litl."" ,. ~ . f,)
2. Thence N 45044' 08" E, ~~M ~~i t\, !.. (\ t" t-
, Ul:,,:
3. Thence N 440 13' 06" t,il~H4;t~eO el1,
4. Thence N 46017' 18" E, 489.79 feet;
P
l
5. Thence S 45038' 54" E, 23.83 feet;
6. Thence S 460 17' 19" E, 155.03 feet;
7. Thence S 450 47' 10" W, 355.00 feet;
8. Thence S 630 33' 15" E, 222.40 feet;
9. Thence N 45047' 10" E, 289.2
10. Thence S 46032' 19" E, 197.49 feet;
11. Thence S 450 45' 13" W, 575.43 feet to the Point of Beginning.
~
,
1111111111111111I11111111'1111I1111111111I1111111111111
428533 03/08/1999 11:02A ORDINANC DAVIS SILVI
17 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO
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