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HomeMy WebLinkAboutordinance.council.027-98 1 ~r--\ 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 ~ 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 11111111111I1111I11111 nllll 11I111 11111111 11111 11111111 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI 1 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO ~ r-\ 0, '.....A./ 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. 111111111111111111'11111111111I11111111111111111111111' 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI 2 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO o ,~ o '- 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 o~ , 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. ~ /7.A--~.:f?J John . ennett, Mayor Attest: 111111111111111111111111111111I111111111111111111111111 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI 3 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO r'\ . o o "---..../ a;!!:/:/3- ADOPTED, PASSED AND APPROVED THIS /8 ~' 199_. O.L (7~-'''.wJ{)' y;;;;f; ;ennett, Mayor DAY OF Attest: C:\WP61\OTHER\PORTHORD.WPD 111111111111111111111111111111I111111111111111111111111 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI 4 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO --- (\ r- r- 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. 11111/1111111111I1'111"111111I1111111111I11111111I111' 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI ! of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO ~ 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. (""'" 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. r-. 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 fiNAL VERSION 062698 9:00 a.m. Ut~~3"111111111111 11111111I111 1111111I11111111I1111 6 of 170:/::/~:9~ 0110'02A OROINANC DAVIS SILVI " . 0 N 0.00 PITKIN COUNTY CO ~, 9. r-. 11. 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- ) CITY OF ASPEN ATTEST: By: 1"'"", Jokne/~ ~,~ City Clerk FINAL VERSION 062698 9:00 a.m. -2- ' 1111111111111111111111111'1111I111111111111111111111111 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI 7 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO ''-._._,.~._,---_._----~-_._---,._.._______...._______._____._____...____..________._ M .~ --- ~ -~.--~ .--., ,r~;AAr Riym 0' N. ^:'''' Dr. Richard C. Phillips ('~~~ Al~ G. Timroth D~ ~\.~ \~~ Donna M. Timroth Porath Family Trust Dated 03/15/94 C) ~r:?~ "e, By: An .".,<-~ ~A-n.4 Trustee ClWP61ILEGALSIAUGER.AMD FINAL VERSION 062698 9:00 a.m. -3- 111111111111 "IIIIIIIIIIIIIIIIII~ 111111111111111111111 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI 8 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO ~" T; Ii ~r~--"~""-""C~'"~~"" ""-~"~~~,,-"""'---'---" (J'JJ-C:~ Dr. Richard C. Phillips JUN 26 '98 01:42PM FREILICH, MYLER, LEITNER & CRRLI 1"." . -, ~-----""---'..",....~......" ----:-:-.-'""""""!n.ti~~l-'!!i:Mtt;~:i~!~i, RaymondN. Auger Albert G, Tirnroth Donna M, Tirnroth " \ ::,' , ,"} :'i! " . :~"l:' . <tl;~r. "';:'1 'r' di:rj., ',_'1.. ,(:i .(i" "-1,.-- Porath Family Trust Dated 03/15/94 ';~, .. f' ;., . . , ; ,".; By: Trustee . i , " CIWPG IILEOAl.SIAUOER.AMD ?-\ l ' , i t I: l: ,.. 1" , I 1 l1,... , Ie . ,. !;i FINAL VERSION 06.698 9:00 a.m. -3- ~ ~,. f j , 1 , ' 111111111111111111111111111111I111111111111111111111111 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI 9 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO . JUN.26.1998 3:33PM LAW OFFICES NO.909 P.2 r".. NOTARIZATIONS City of b~'l.GI- } and County of '';)l~ } } SS State of Colorado } Subscribed and sworn to before me by A I bc,r+ {"'lTm~~ on this ?-q f1-, day of 1;;:]\,(\0 .1993-. ''/;/'1/ (/:,','/, I . ! Witness my hand and official seal. "",\,'I:I'I;;I"""''''if..' ~~ ...~~,c'" 40 ";;~'io" ., .-r--: /,~"",''''''(S~;lo 1"-.. .:,' ,,:;..A _"t.' >", <<',f'~ i:~/ \;\\1"1 !)t;/'\''?'i:& Notaty Public ~ ~"~~ j" I MycOl11ll1issionexpires: "'1-/n{-moo '" ,<,-,,'ql,/},.,\ ."",-" .,:;.,-~,,,,~ v..... .~-:l'>,.,~ c:. j- ~ -'_ . .... .::;:'.:0- .. ";:~~'i. ,~>t~-""'-"";"".~\~;' ,,,,:~ ,~ .... n " \ ."..,,<: " Kristin T1mroth 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 } 55 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. I '....\\;~iiUk,;t / r(A ,""';,.,~.tP!;((i!,. . "/,,,-IL .,"'...>...:.....~) I .....A'-- :-,' $....>,"'." 1\ 'i\.R ,\. t,V 1"- ; 3' .:!..:>.t~;<i \ ~ Notary Public i' ", .,,~ : ~ ; '"-, A,\fWl;~)~.J.fJ./' My commission expires: 1/ ?-rl200o " .'~. t..... \j;"'I . 'r.... ,.. ":~\,,~:'~/;9~~"e~~~~~~"(:'" ....,{; >~::::' "<~'''Ii4'' ." """",/.;: Kristin Timroth City of .4s De Y)} Notary P.ubllc -andCountyof~ } 164Rklll!lRoad. P.O. Box 1171 BI8aII. CO 81621 } SS My Commhlslor> e)(l"~r8S 07!Df2(XKJ State of Colorado ) -- /11111I1111I1111I11111 11111111I111 1111/11I111111 11/1111 428!33 03/08/1999 11:02A ORDINANC DAVIS SILVI 10 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO . 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.. . '- My commimon expires: CityOf~ amiCounty f tP,~ } } } SS } State 01: Colorado I sf day of SEAL) ~/~~h~ . My commission expires: ;/Z~ /2A>. Z. .>J P4-~i~ cP~~~~~3).~/?/ """\~ Ut~~3'!~~!!IIIIII1IIII1I1III111 1111111I1111111111111 11 of 17 R 8~1::9Dl~::02ANORDINANC DAVIS SILVI . . 0.00 PITKIN COUNTY CO 111111I11111 11111111I1111111 [11111[11111111111111111111 41!122 03/31/1998 02:11P DETERMIN DAV!S S!LVI 1 Ai 4 R 0.00 0 0.00 H 0.00 PITKIN COUNTY CO ~ 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. (\ NOW THEREFORE, BE IT RESOLVED by the Pitkin County Hearing Officer that approval is " 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: ~, 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. 111111I 1111I 1111I1111111111111I1111111111I11111111I1111 428533 03/08/1999 11:02A ORDINANC DAVIS SILVI 12 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO o Determinatfon No. 98- Page 2 ~~JIII filii 111111 111111111111111111111 Iii 11/1111111111 124 03/31/199a 02:11P DETERMIN DAVIS SILVI 2 or 4 R 0.00 D 0.00 N 0.00 ~ITKIN COUNTY CO 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: /"'''\ 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. o 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. . . / '''- I1111II11III11I1111111 11111111/1111111/ 11I1111I11111111 428533 03/08/1999 11:02A ORDINANC DAVIS SILVI 13 of 17 R 86.00 D 0.00 N 0.00 PITKIN COUNTY CO r--, Determination No. 98- Page 3 111111I 1111I11111111111111I11111111111111111111111I1111 41e122 03/31/1998 02:11P DETERMIH DAVIS SILVI 3 of 4 R 0.00 D 0.00 H 0.00 PITKIN COUNTY CO 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." f\ 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 &' , APPROVED AS TO FORM: APPROVED AS TO CONTENT: o ......~ ,..-..,- John~/ County Attorney //1V!~/L .;;?i:}.<(,?8 Cindy Rouben, Community Development Director ---- Case #P 151-97 PlD #2471-114-00-0n4 Ut~~3'!~~!!~lt!111 "'11111I'111111111111111111I1111 14 of 17 R 86.00 Dl~.::A ORDINANC DAVIS SILVI um. .. ......__._~_~.00 PITKIN COUNTY CO , --.,.-......-----j f'""'. (~ o - . J~'. 19n~1 . Jec, ~ 4:49PM N~. OJ'i5 P '/' . "J 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. --.. ~-" ~ 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 --~_/ "i',',,< ,'~.,,::,l<:-f~