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Home My WebLink AboutLand Use Case.110 N Spring St.A45-92"0 0 6ft.la,% 6, Zfj/-UOJ-L/ -V.4 L, 84 2% -(0 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS â‚¬N -63230-133 ALL 1-STEP APPLICATIONS/ 91>. -2/0 U=Â£ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL~ Q0 TOTAL ' r NameÂ· -Th e /)6 1- c L Phone: /1 - t. 1 0 -3, n Address. -1/ ,4/.,-2 '-7.Â·/,r) .tr'-9 Project. 1. S f f ju ./ 1,Â·- ?9 04.37 * Â· ' 14f,0/.<'~'I; {,e ~4> ~~ 1 -0 . DateÂ·. Check # Â·' f': 6:./ Additional billing: #of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6 /8 /92 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-083-27-002 A45-92 STAFF MEMBER: (LL) PROJECT NAME: Jaelly & Assoc. Insub Amendment to PUD Project Address: 112 N Spring St.#7. 110 N. Spring St. #8 Legal Address: Sec. 7, Twnsp.10, Range 84 West, 6th PM APPLICANT: Jaellv & Assoc. Applicant Address: 700 E. Main, Aspen, CO REPRESENTATIVE: David Levitt, Jaellv & Assoc. Representative Address/Phone: 700 E. Main St. Aspen, CO 81611 920-4033 FEES: PLANNING $ 200 # APPS RECEIVED 2 ENGINEER $ # PLATS RECEIVED 2 HOUSING $ ENV. HEALTH $ TOTAL $ 200 PAID: (YES) NO AMOUNT: $200.00 NO. OF COPIES RECEIVED / TYPE OF APPLICATION: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: ,~~ Date: (A~ lj~~,3-- REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Bldg Inspector Envir.Hlth. Roaring Fork ---~g Other SR'CNrv-,t Aspen Con.S.D. Energy Center Clean<*tr BodEd DATE REFERRED: G /(9 I99-- INITIALS: ~~ FINAL ROUTING: DATE ROUTED: 7- ~ INITIAL: / V VIA/ ~ City Atty City Eng:inger '~ Zoning Env. Health Housing ~~~ Other: 101 4 g -Se~~L..4) Â¥ , FILE STATUS AND LOCATION: 0 - -1,7 - MEMORANDUM TO: Bill Drueding, Zoning FROM: Leslie Lamont, Planning RE: Insubstantial Amendment for River Park PUD DATE: July 8, 1992 SUMMARY: Jaelly Inc., owners and developers of River Park PUD seek to amend their PUD/GMP development plan to combine units 7 & 8 into one residential dwelling unit. Staff recommends approval of the amendments to the PUD plan and agreement. REVIEW STANDARDS: Pursuant to Section 24-7-907 an insubstantial amendment to the PUD may be authorized by the Planning Director if the change does not: 1. Change the use or character of the development. RESPONSE: River Park is a residential development. Combining units 7 & 8 will not change the use or character of the development. 2. Increase by greater than 3% the overall coverage of structures on the land. RESPONSE: To combine the two units only requires removal of interior walls and one front door. The footprint or square footage of the units does not change. 3. Will not substantially increase trip generation rates of the proposed development, or the demand for public facilities. RESPONSE: The proposal will most likely decrease the numbers of trips generated as the numbers of units in the development are being reduced. 4. Reduce by greater than 3% the approved open space. RESPONSE: The amendment only requires the removal of interior walls and does not represent an increase in the buildings footprint. 5. Reduce by greater than 1% the off-street parking and loading space. RESPONSE: The amendment has no effect upon off-street parking or loading space. Fifty off-street parking spaces were provided with development approval. 6. Reduce the required pavement widths or rights-of- way for streets and easements. RESPONSE: The amendment will have no effect on the streets or access easement. 7. Increase by greater than 2% the approved gross leasable floor area of commercial buildings. RESPONSE: N/A 8. Increase by greater than 1% the approved residential density of the proposed development. RESPONSE: The proposal is decreasing the density of the development by one unit. Although substantial employee mitigation was assessed during development review the applicant is not seeking a reimbursement. However, employee mitigation is assessed based upon the number of bedrooms provided and the amendment application did not indicate that the number of bedrooms was decreasing due to the combination of units 7 & 8. 9. Create a change that is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved dimensional requirements. RESPONSE: Combining the two units will require a slight alteration of the front elevation. Although this GMP development received a score based upon architectural design, the change to the front elevation is insignificant and does not require further review. RECOMMENDATION: Staff recommends approval of the insubstantial amendment to combine units 7&8 with the following conditions: 1. Prior to the issuance of any change orders to the building permits for units 7 & 8, the applicant will install at least two benches for public seating at the corner of Spring Street and Main and one bench and decorative rock formation on which it is possible to sit at the river overlook along the north side of Main Street overlooking Herron Park as was originally required in the June 4, 1989 PUD/Subdivision agreement. 2. The accessory dwelling unit that is required for Unit 7 shall remain available for a resident of Pitkin County per Aspen/Pitkin County Housing Authority Guidelines. 3. Parking that has been assigned to Units 7&8 shall remain available for the combined unit. 4. No additional bedrooms shall be added as a result of combining 2 units 7 & 8. 5. No additional floor area or height shall be added as a result of combining units 7 & 8. 6. The change order for combining units 7&8 shall be reviewed by the Zoning Officer. 7. An amended PUD Plan shall be filed with the Pitkin County Clerk and Recorder within 180 days of approval by the PLanning Director. I hereby approve the insubstantial PUD amendment pursuant to Section 24-7-907 of theNvr,inicipal Code. Dia~d~\4"-0/ A\0(LQ- Moore, Planning Director 3 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: William Drueding, Zoning Enforcement Officer FROM: Leslie Lamont, Planning Office RE: Jaelly & Association Insubstantial Amendment to PUD DATE: June 19, 1992 Attached for your review and comments is an application submitted by Jaelly & Assoc. requesting an Insubstantial Amendment to the PUD for 700 E. Mail Street (River Park). Please return your comments to me no later than July 3, 1992. 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JAELLY INC. / RIVER PARK 700 East Main Street Aspen, Colorado 81611 303.920.4033 June 2,1992 APPLICATION FOR INSUBSTANTIALAMENDMENTTOAPPROVED PUD / ATTACHMENT 2 1) Jaelly& Associates Umited, 700 E. Main St.,Aspen, CO 81611 is the owner of River Parkin Aspen Condominiums. David Levitt 700 E. Main St Aspen,CO 81611 , 920- 4033,is the President of Jaelly & Associates Ltd. and is therefore authorized to act on behalf of the applicant 2) The units which we are seeking to combine are Units 7&8 of the River Park in Aspen Condominiums. Their Street addresses are as follows: A) Unit 7- 112 N. Spring St B) Unit 8- 110 N.Spring St The legal description of River Park in Aspen Condominiums is recorded in Plat Book 27 at Pagel 1. 3) See attached material. 4) Seeattached map. 5)We are requesting permission to combine Units 7&8,two as yet unfinished units at River Park ,into one large unit by creating openings in the party wall between the units. We are also proposing some minor changes to theextenor (see enclosed elevations and roof plan). None of the changes will increase the roof height, building envelope,building volume, orapproved F.AR. square footage in anyway. Sincerely, JAELLY INC. / RIVER PARK 700 East Main Street Aspen, Colorado 81611 303.920.4033 June 2,1992 APPLICATION FOR INSUBSTANTIALAMENDMENTTOAPPROVED PUD / ATTACHMENT 3 1) We are requesting permission to combine Units 7&8,two as yet unfinished units at River Park ,into one large unit by creating openings in the party wall between the units. We are also proposing some minor changes to theexterlor (see enclosed elevations and roof plan). None of the changes will increase the roof height, building envelope, building volume, or approved FAR. square footage in any way. 2) See enclosed elevations and roof plan. 3) See attached list 4) See attached documents Sincerely, 101 1\84'b-IRW ) 1 1 21 1* 1 =1-"'"' 1 - 1 1 , i4 Slug,4- 1 64 , 1 4 |9 Isobr/.A. la 100 v./ Emma Rd 7 & 4.hoot s.*t-, 0 1 ,& 1, DIVOI[g H - rl'I .1 , A 0 fn 0,0 , -~-:=efia LM-]r~ White Hill 4,8.-1 0,/JI>~l X Wren Ct j R m CD ''Â·" ' 4441 "%Â· 1 -ZA cip Ell |: . 'AA; ill/,0 2 , ATTAck\â€¢nu;r _ t- it -. 4 Il Vy.1370 *14, 4. i . "bÂ·,-â€¢9 -1.~ 1 .lili .'El r 74 \ \ 44'WIFI \ To -sÂ¢>* J TO \ 82 1,1 21 Redstone Aspen ~ 9 ;i l:tu/"// 1 4 4% 1 % 19 1 4 *Al h N :0 1 * -% f:.,; ?i;1 111; -1,!f. 91 $ / Magninco 54, 1 k f (.5 E â€¢.4 1, 444 j â€¢< Mountâ€¢in View Dr : i L-\ 4 9 0% v Snow 6 * th R. 40' Rd unn Ln 19 C .4 J 1- -1- ~4' Sna Bunny Ct ~ 26_ To Basalt S# 4 4 Solvation Cti 4 0 - 4.# Aspen 94~ 1 1 1 Ill-.-# Hunte, b ''4 Institute t - i 12 , el U 1 2 Music ht *1 F"1. Tent r J To Vall> 35'4 : 82 1W3 Hallam *6 / Not all streets or roads are +4 Â·. ft. M lie Denver, Golf Course P rls, Lake \% 9 1 am"PI. St of streets and roads may be in 4.3.4.1. : P:. . named on maps. Construction / ' 41< progress in certain areas. r? 1 & 9.- / Â·' 4.. 3Â»22 ' 1,1 1 74 'Â· ism 4 8 , St -li ~ 4 W/# ~ 0 .,..i ; 1- pe.1 - 0.2 461 Â¢* 9 44 * St ~0 <=~ 2 2 4 + - - . 4 * 4., = RI- al 1,1 - Ila * /- - M.roon erâ€ž, Ad - 81 8.*In Ad #-% spe 111 ew"- FAMA .4 ijt + - 4 Alâ€¢In *1: St 3 ~ 4.,v f b / 44 2 1 2 t224.# 4 . ,~ Â·6 , 91:Â·,i=a * * "iti i i *i 1-'pmrn :*.9, ~ Hospital ~ 4 ..4 0 P,th m I . ... A / h~ ..'.. > j.,. ~ To Marj Lake Â¥* ; _,4 24 c . C./ . 4 1 :ff (4'; T ALEA Â£ Mall /6 FIt#1!,;*j /â€¢St . P 0 I , Â£4 '0 " 8, 1/46 27'*,4 NCL: 0 44,00 uran AÂ¥ 4 t"&4 ~ .''. . b mm C Â¢ 2 .~:1!hit 454~. .0 u e ':IHEil e A.A., . Mul.4. ~ 4/â€žRd ,- le. 94,- / ..1, 1, For* Dr f ; 2; r. 40-1 d Dr 4 44- . S q M' r 4 i. 1Â»-p#miI'i"Rd 1 - - c - '6 gLE j .~ Â·':h/# I 1411 - <lifl!.tl : 4% D-kt#-i-if. 1-,1 2'J - 4 0 12 : 94.2 111,4 Lakes, aadville *'6*7 ~ 22 - Afff - Â· 9 10 !;t~~*8.1. may '~ - Aspen |8 reas. Music 12 m . School ALPHA MAPS -"1004447 To Twin Lakes, Ii: 4r lul"i.~, ---- / A ItÂ·C 41, 6- ,111114, 4+ To Ashcroft ~ Independance Pass Plt: 171'Lt:Â»1 - '1 '44-:7% I. Â» 4, , - 11 11..,3.1*0 , 4777~C#y.#NT' t ) 10: 3 CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that JAELLY AND ASSOCIATES, LTD., A COLORADO LIMITED PARTNERSHIP are the owner's in fee simple of the following described property: RIVER PARK IN ASPEN CONDOMINIUMS, according to the Plat thereof recorded in Plat Book 27 at Page 11, and as further defined and described in the Condominium Declaration for River Park in Aspen Condominiums recorded in Book 653 at Page 873. EXCEPTING THEREFROM UNITS 3, 4 AND 6, RIVER PARK IN ASPEN CONDOMINIUMS COUNTY OF PITKIN, STATE OF COLORADO. Subject to easements and rights of way and encumbrances of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. CERTIFIED TO: May 1, 1992 @ 8:30 A. M. PITKIp COUNTY/ D~I'LE, INC. BY: 0*~~- l-- authori*d signature CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that ALBERT A. EISENSTAT AND CONSTANCE KEND EISENSTAT are the owner's in fee simple of the following described property: UNIT 4, RIVER PARK IN ASPEN CONDOMINIUMS, according to the Plat thereof recorded in Plat Book 27 at Page 11, and as further defined and described in the Condominium Declaration for River Park in Aspen Condominiums recorded in Book 653 at Page 873. COUNTY OF PITKIN, STATE OF COLORADO. Subject to easements and rights of way and encumbrances of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. CERTIFIED TO: May 1, 1992 @ 8:30 A. M. PITKIN~ COUNTY~1T~LE, INC. authorizÂ¢~ s~gnature CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that DEAN GREENBERG is the owner in fee simple of the following described property: UNIT 6, RIVER PARK IN ASPEN CONDOMINIUMS, according to the Plat thereof recorded in Plat Book 27 at Page 11, and as further defined and described in the Condominium Declaration for River Park in Aspen Condominiums recorded in Book 653 at Page 873. COUNTY OF PITKIN, STATE OF COLORADO. Subject to easements and rights of way and encumbrances of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. CERTIFIED TO: May 1, 1992 @ 8:30 A. M. PITKIN, COUNT~ ~I~E, INC. BY : 0~1110Â¢UP authoriz*Al siknature CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that LAURENCE M. ROSENBERG AND KRISTEEN ROSENBERG are the owner's in fee simple of the following described property: UNIT 3, RIVER PARK IN ASPEN CONDOMINIUMS, according to the Plat thereof recorded in Plat Book 27 at Page 11, and as further defined and described in the Condominium Declaration for River Park in Aspen Condominiums recorded in Book 653 at Page 873. COUNTY OF PITKIN, STATE OF COLORADO. Subject to easements and rights of way and encumbrances of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. CERTIFIED TO: May 1, 1992 @ 8:30 A. M. PITKI1 COUNT*j TII#LE, INC. au-thori~Â¢ ~ignature '4 . 4, , - - 1 . #344444 05/06/92 12:52 Rec $10.00 BK 676 PG 975 ~'1~5' Silvia Davis, Pitkin Cnty Clerk, Doc $145.00 + .' li 9- GENERAL WARRANTY DEED ~ for TEN DOLLARS ($10.00) and other good and valuable consideration, 1* i JAELLY AND ASSOCIATES, LTD., a Colorado limited partnership, -1 PO 2 4 in hand paid, hereby sells and conveys to ALBERT A. EISENSTAT and w JU ; e CONSTANCE KEND EISENSTAT, trustees of the Eisenstat Family Trust Ulâ€¢ i --- UTD dated April 30, 1986, as Grantee, whose address is 358 Walsh . -~. Road, Atherton, California 94027, the following real property in Q the County of Pitkin, State of Colorado; to wit: 8zw 0 Unit 4, River Park in Aspen Condominiums, according to the Plat thereof recorded in Plat Book 27 at Page 11, and as further defined and described in the Condominium Declaration for River Park in Aspen Condominiums recorded in Book 653 at Page 873 with all its appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING: 1. General taxes for 1992 payable January 1, 1993; and any tax, special assessment, charge or lien imposed for water < or sewer service or for any other special taxing district. 2. Reservations and exceptions as contained in United States Patent recorded August 29, 1958 in Book 185 at Page 69 as follows: right of way for ditches or canals constructed by U the authority of the United States. 3. Easements and other matters as shown on Plat of Cottonwood Park recorded in Plat Book 22 at Page 66. 4. Terms, conditions, restrictions, reservations, obligations as set forth in P.U.D. and Subdivision Agreement for Cottonwood Park (700 East Main Street) recorded June 15, 1989 in Book 594 at Page 941. 4 1 0 5. Terms, conditions, reservations, restrictions, Z Z obligations and provisions as set forth in Access and Parking f Wa 1 f Â¢14 H kA Easement and Maintenance Agreement recorded January 22, 1990 in Book 612 at Page 385. f.* i O M X 6. Easements, rights of ways, setbacks, and other 1 : 2 w cs Condominiums recorded in Plat Book 27 at Page 11. P 1 matters as shown on the Plat for River Park In Aspen , 1 0 Eâ€¢ or V, /,. 7. Terms, conditions, restrictions, reservations, - 8 -31 iT provisions and obligations as set forth in Condominium 1... Declaration for River Park In Aspen Condominiums recorded in :1.. Book 653 at Page 873. ' 8. Terms, conditions, restrictions, reservations, , provisions and obligations as set forth in Restated Articles of Incorporation recorded August 13, 1991 in Book 653 at Page ~ . Â· 494 OFASPEN Per- 6470 RETT PAID er Declaration Received Â¥17.retÂ·N,"9,#M'*"kâ€¢AMy"*eM.Â»eerâ„¢eq- $Â»7:47Â·9.*22RVAW,PIVTÂ·Â¥1."e -em=Â·Â»Â·,95, -â€ž-Â·Â· ,e. ,--Â·, ~,Â· ,0-, - i 2 (73 3 , DEN 164,00 #343170 04/01/92 16:23 Rec $10.00 BK 673 PG 511 Silvia Davis, Pitkin Cnty Clerk, Doc $154.00 GENERAL WARRANTY DEED JAELLY AND ASSOCIATES, LTD., a Colorado limited partnership, i. for TEN DOLLARS ($10.00) and other good and valuable consideration, : ' in hand paid, hereby sells and conveys to DEAN GREENBERG, as !~ '~. Grantee, whose address is 625 West End #6, Aspen, CO 81611, the ' 17 ~~ following real property in the County of Pitkin, State of Colorado; â‚¬3 to wit: 0 c~~~ Unit 6, River Park in Aspen Condominiums, ?~ according to the Plat thereof recorded in Plat Book 27 at Page 11, and as further defined and described in the Condominium Declaration for River Park in Aspen Condominiums recorded in Book 653 at Page 873 with all its appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING: 1. General taxes for 1992 payable January 1, 1993; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 6.. 2. Reservations and exceptions as contained in United -W States Patent recorded August 29, 1958 in Book 185 at Page 69 r =f as follows: right of way for ditches or canals constructed by *1 f. i- the authority of the United States. to 3. Easements and other matters as shown on Plat of Cottonwood Park recorded in Plat Book 22 at Page 66. 4. Terms, conditions, restrictions, reservations, obligations as set forth in P.U.D. and Subdivision Agreement for Cottonwood Park (700 East Main Street) recorded June 15, 1989 in Book 594 at Page 941. 5. Terms, conditions, reservations, restrictions, obligations and provisions as set forth in Access and Parking Easement and Maintenance Agreement recorded January 22, 1990 in Book 612 at Page 385. AC Â¢k ..r A A t~ 6. Easements, rights of ways, setbacks, and other O matters as shown on the Plat for River Park In Aspen i NE 1 Condominiums recorded in Plat Book 27 at Page 11. H 0 7. Terms, conditions, restrictions, reservations, n provisions and obligations as set forth in Condominium C L Declaration for River Park In Aspen Condominiums recorded in rn Book 653 at Page 873. 4- f M 8. Terms, conditions, restrictions, reservations, 3 A provisions and obligations as set forth in Restated Articles of Incorporation recorded August 13, 1991 in Book 653 at Page Aâ€ž 0:1 , 6 . .. CrrY OF ASPEN HRETT PAI DATE AtlE DATE A c,, ttoe aa) A' paAIBJOU UCTDP.JUIDea e,-sue.j 1.-__.. .,.......,Ir.i.Â·wall**361~: 3'Im/4 r:, * ha:,t lattl~-~~ Â·:AN ~Â· ' "*540~ .' N'*Nâ€¢0~7~if''2~ 24'~~1I~, i.m . v., -_._ .... - - ----- '....Â£44.4, . C-14 i,-cr ,0 #335464 08/13/91 16:26 Rec $15. 00 BK 653 PG 996 Silvia Davis, Pitkin Cntv Clerk. Doc $125. 00 0 Recorded at 0'clock .M. Z Z M 0 \'A - 04 H w Reception No. Recorder 220; I 4 OE-401- RECORDING REQUESTED BY: N 6- WHEN RECORDED RETURN TO: -m -~- Jon David Seigle - 925 Chatfield Road 2 Aspen, CO 81611 GENERAL WARRANTY DEED -1 Il 2* 3 01 JAELLY AND ASSOCIATES, LTD., a Colorado limited partnership, + ul in u for TEN DOLLARS ($10.00) and other good and valuable consideration, rn b -3 3 in hand paid, hereby sells and conveys to LAURENCEMROSENBERG and KRISTEEN ROSENBERG, as Grantee, whose address is 30 South Wacker 0 m Drive, Suite 2020, Chicago, Illinois 60606, the following real n property in the County of Pitkin, State of Colorado; to wit: 9 Ill See Exhibit A attached hereto and made a part re hereof 0 J with all its appurtenances and warrants title to the same SUBJECT XI TO AND EXCEPTING: n ID m 1. General taxes for 1991 payable January 1, 1992; and 2 any tax, special assessment, charge or lien imposed for water rD or sewer service or for any other special taxing district. 2. Reservations and exceptions as contained in United . I States Patent recorded August 29, 1958 in Book 185 at Page 69 0 Z as follows: right of way for ditches or canals constructed by k 4 0 1. H U the authority of the United States. <04 ' 1 9 3. Easements and other matters as shown on Plat of 1 9 M o e os Cottonwood Park recorded in Plat Book 22 at Page 66. 81 - ,1 24 05 E-4 3: 4. Terms, conditions, restrictions, reservations, 1 0 ~13~ obligations as set forth in P.U.D. and Subdivision Agreement 9 35 for Cottonwood Park (700 East Main Street) recorded June 15, 1989 in Book 594 at Page 941. 5. Terms, conditions, reservations, restrictions, 1 obligations and provisions as set forth in Access and Parking t Easement and Maintenance Agreement recorded january 22, 1990 in Book 612 at Page 385. 6. Easements, rights of ways, setbacks, and other matters as shown on the Condominium Map for River Park In Aspen Condominiums recorded in Plat Book 21 at Page I \ . NBA, 100042- 4 gms - CITY DATE E -Â» 5600 #LI. .14,-4-@~B47.~Na-/11'i~&@,4#Alibâ€¢...0,4~-,0*.~/IqegtÂ¥N0 ~922. . #335464 08/13/91 16:26 Rec $15. 00 B 653 PG 998 Silvia Davis, Pitkin Cnty Clerk, Doc $125Â· 00 EXHIBIT A UNIT 3, RIVER PARK IN ASPEN CONDOMINIUMS, according to the Plat thereof recorded in Plat Book 21 at Page I 1 , and as further defined and described in-the Condominium Declaration for River Park in Aspen Condominiums reco rded in Book OS 5 at Page 2-7 5. FORMERLY KNOWN AS: RARCE_ 8-1 . PUD SUBDIVISION AT 700 EAST MAIN, according to the Plat thereof recorded June 15, 1989 in Plat Book 22 at Page 66. COUNTY OF PITKIN, STATE OF COLORADO. FQBMERLY KNOWN AS: A Parcel of Land situated in the Southeast 1/4 Southwest 1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows: Beginning at the Northwest corner of Block 21, East Aspen Additior,al Townsite: Thence South 75Â°09'11" East 150.00 feet along the North line of said Block 21; Thence departing said line South 59*18'00" East 56.37 feet; Thence South 50*14'11" East 118.32 feet; Thence South 52'57'39" West 47.02 feet; Thence South 49~58'47" West 21.71 feet to a point on the East line of said Block 21: Thence South 14050'49" West 100.00 feet along the East line of said Block 21 to the Southeast corner of said Block 21; Thence North 75*09'11" West 2.31 feet along the South line of said Block 21; Thence 62.88 feet along a curve to the right having a radius of 868.51 feet (the chord of which bears South loa18'25" East 62.87 feet); Thence 145.72 feet along a curve to the left having a radius of 176.18 feet (the chord of which bears North 51Â°27'27" West 141.60 feet); Thence North 75'09'11" West 164.75 feet along the South line of said Block 21 to the Southwest corner of said Block 21; thence North 14'50'49" East 220.00 feet along the West line of said Block 21 to the point of beginning. AND LOTS A, B, C, D & E, BLOCK 21, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN ALSO KNOWN AS LOTS 1, 2, 3, 4 & 5, BLOCK 21, EAST ASPEN ADDITIONS TO THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO. 2,< -. 6 E.T.. AtrAâ‚¬#MEWT- 7. i * 1, **50 #33545- J8/13/91 16:10 Rec $410.00 SK 653 PG 885 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 3.4 Inseparability. An Owner's undivided interest in the General Common Elements and in any appurtenant Limited Common Elements shall not be separated from the Unit to which they are appurtenant and shall be deemed to be conveyed with the Unit even though the interest is not expressly mentioned or described in the deed or other instrument. Every gift, devise, bequest, transfer, encumbrance, conveyance or other disposition of a Condominium Unit or any part thereof shall be irrebuttably presumed to be a gift, devise, bequest, transfer, encumbrance or conveyance, respectively, of the entire Condominium Unit together with all appurtenant rights created by law or by this Declaration. 3.5 Partition not Permitted. The General Common Elements and the Limited Common Elements shall remain undivided and no Owner or any other person shall bring any action for partition or division of any of the Common Elements. Similarly, no action shall be brought for the partition of a Unit or a Condominium Unit between or among the Owners thereof. Each Owner expressly waives , any and all such rights of partition he may have by virtue of his ownership of a Condominium Unit. A violation of this provision shall entitle the Association personally to collect, jointly or severally, from the parties violating the same the actual attorneys' fees, costs and other damages the Association incurs in connection therewith. 3.6 Right to Combine Units. Declarant reserves the right and Owners, upon obtaining written permission of the Association, are granted the right to combine physically the area 8 A #335458 60/13/91 16:10 Rec $410.00 Br.. 653 PG 886 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Or space Of one Unit with the area or space of one or more adjoining Units. Such combination shall not affect the designation nor prevent separate ownership of such Units in the future. Any walls or other structural separations between combined Units, or any space which would be occupied by such structural separation but for the combination of Units, shall remain General Common Elements. Alterations to walls or other structural separations shall not alter the bearing capabilities of such structures and shall not adversely affect other Owners. Upon the combination of two or more Units, the Unit so formed shall have the total of the percentage interests in the General Common Elements set forth on Exhibit A, or the most recent amendmeht thereto, of each Unit so combined. 3.7 Amendment of Condominium Map Following Combination. Any combination of Units allowed by this Declaration shall not be effective for any purpose until represented by a supplemental Condominium Map recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. All costs of preparation and recording of supplemental Maps shall be paid by the Owner or Owners so combining Units. ARTICLE IV CONDOMINIUM MAP 4.1 Description. Upon substantial completion of a Building, and prior to any conveyance of a Condominium Unit therein, the Map shall be filed for record in the Office of the County Clerk and Recorder of Pitkin County, Colorado. The Map 9 , #335458 00/13/91 16:10 Rec $410.00 BK 653 PG 890 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 - until the development of the Project is fully completed. 6.4 Construction Staging. Each Owner acknowledges and agrees that in the course of the development of the Project, both with respect to Units to be constructed and facilities to be constructed as Common Elements, the Declarant may designate construction staging areas on which certain preconstruction and construction related activities including, but not limited to, parking for construction workers, location of construction trailers, storage of materials, prefabrication and the like, shall occur as may be specified by either Declarant or the Association. 6.5 Sales Activity. Declarant may conduct sales activity on the Project including, but not limited to, the showing of Units by Declarant or any sales agents, maintaining a sales or management office or conducting promotional or marketing events or %- activities. Declarant may also maintain signs advertising RIVER PARK IN ASPEN CONDOMINIUMS. ARTICLE VII EXPANSION OF PROJECT 7.1 Reservation of Construction Rights in Declarant. Declarant reserves the right to construct or designate additional Common Elements and Condominium Units on the Project, and the right to subject such Additional Improvements to this Declaration, at any time after recording this Declaration without obtaining the consent of the Association or any Owner or any Mortgagee. During the expansion period, Declarant, its agents, employees and contractors 13 ' ' #335458 08/13/91 16:10 Rec $410.00 BK 653 PG 891 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 shall have all the rights and privileges set forth in Article VI. The maximum aggregate number of Condominium Units which Declarant may make subject to this Declaration is fifteen (15). 7.2 Sublecting Additional Improvements to Declaration. Any Additional Improvements shall become subjected to this Declaration by recording a Supplemental Declaration and Map with the Clerk and Recorder for Pitkin County, Colorado. The Supplemental Declaration shall contain at least the following provisions: (1) the Unit designation for each additional Unit; (2) the designation of any additional Common Elements; and (3) a schedule (i) amending the undivided percentage interests of the original Units as set forth on Exhibit A or in any previously recorded Supplemental Declaration, and (ii) setting forth the undivided percentage interests of all Units then comprising the Project, including the Units being subjected to this Deplaration. In no event shall the undivided percentage interests of any Unit be less than those set forth on Exhibit D attached hereto and incorporated herein by reference, which represents the percentage interests with respect to the maximum number of Units that may be constructed as part of the Project. 7.3 Effect of Subjecting Additional Improvements to Declaration. Recordation of a Supplemental Declaration and Map adding Additional Improvements shall cause the following to occur 14 #335450 08/13/91 16:10 Rec $410.00 BK 653 PG 892 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 automatically without the necessity of filing any further documentation or taking any further action by the Declarant, any Owner or any Mortgagee: (1) The definitions used in this Declaration shall be expanded to encompass, refer to and include the Additional Improvements. The additional Condominium Units shall become Condominium Units and the additional Common Elements shall become a part of the Common Elements for all purposes. (2) Each Unit's undivided percentage interest in the Common Elements as set forth on Exhibit A shall be reallocated to reflect the addition of Condominium Units to the Project, and such reallocation of the undivided percentage interests shall be based on each Unit's proportionate share of the total square footage of all Units then comprising the Project. Recordation of a Supplemental Declaration and Map shall also operate to vest in any Mortgagees of Units a security interest in the undivided percentage interest of an Owner based on such reallocation of undivided percentage interests. Based on the maximum aggregate number of fifteen (15) Units and the anticipated development program for square footages described on Exhibit D, each Unit would be allocated an undivided percentage interest in all Common Elements as shown on Exhibit D upon completion of the projected expansion of the Project. 15 4 , #335458 08/13/91 16:10 Rec $410.00 Bk w53 PG 893 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (3) As additional Condominium Units are submitted to this Declaration, the Common Expenses shall be shared as set forth in Article XIV by the total number of Units subject to the Declaration in proportion to their respective undivided percentage interests as reallocated in a Supplemental Declaration. ARTICLE VIII COMMON ELEMENTS 8.1 Use of General and Limited Common Elements. Subject to the limitations contained in this Declaration, each Owner shall t have the nonexclusive right to use and enjoy the General Common EJements and his appurtenant Limited Common Elements in accordance with the purpose for which they are intended without hindering or encroaching on the lawful rights of the other Owners. The Association may, from time to time, adopt, amend and repeal rules and regulations governing the use of General and Limited Common Elements. Such rules, amendments thereto or repeal of any rules shall be effective upon mailing a copy thereof to all Owners. Each Owner, by the acceptance of his deed or other instrument of conveyance or assignment, agrees to accept and be bound by any rules and regulations adopted, amended or repealed by the Association. 8.2 Limited Common Elements. Subject to the definition thereof, the Limited Common Elements shall be identified on the Map and designated as appurtenant to a particular Condominium Unit on 16 ATTA<+41Â¥\ErÂ·1 7 5,* I19 CommonwealthÂ® Land Title Insurance Company SCHEDULE E SECTION 2 EXCEPTIONS Th.e pok.Log or pok.Lc.Le.6 to be, L6-6ue,d Witt CorltaÂ»L e.>Leeptlon,6 to th.e 60Â£>towing wde,64 the -d,ame. aA.e. dt!,po.6e.d 06 to .th.e -6>alle,jectlon- 0.6 th.e C ompajzy : 1. Righ,t,6 04 cla,Lm.6 04 pa/uLLe.6 .01. po-6.62.6-6-Lort FLot ,!,h.own. by th.e. pubtic. Le.00*d-6. 2. Ea.6 e.me,I,U. , 04. c-Uim-6 04 ea.-6 ement.6, not ah.own by the. pu-blic. 4.e.cord-6. 3. D,Ld,CA,e,pa-ncie-6, con.6.Uctd .6,1- bou.n.da..g .U,#te,6, Jh.o,t.tage- i,rt a.,~ea, enc=,oa.chmen.U , and any la,ct-6 whick a. C.04,~t.ect -6,1.,~Ve-!/ a.nd 4-,upection 0 6 the. p*Unt-6 2-6 w o u.ld d.(,6 clo-de and whic-h. a/Le not Jh-own by the. pubtic Lecord-6. 4. Any liewn., 04 right to a. U.eAL, 3 04 -6 e,I,vice-6, tab 040 04 metut,Lal h.eA.eto 4 04-e 0.4. h.e.,Le.a.06 te.,c, 6u-.ttl.i.-6/:.ed, i.mpo-6 9.d by Â£.aw a.nd r.ot -t,kown by ike publiC ;Le.00/Ld,6 . 5 . De.6 e.et.-6 , U-en-06 , e.ncum bran..ee-6 , ad v U.-6 e. c.tainl.6 0.,t oth.ell matte.u, 1,6 ing, created, .6,Lut ap p e.a/Ung in- th.e. pubtle record,6 04 altaching Jub-6 equent to the. e.6 t ectlve date ke/Le.O.6 but ptÂ·Lor to th.e date- th.e propoded in-.6(Â£,ted a.c.qu.Â»t,e..6 06 re.cord 604 value Ute ata,te o.,L in,te/Le-6.t 04 mottgage thereon co vered b g thld, CommitmejÂ·Lt. 6. Taxe.3 due end pagible; end any tax, Â·d>pe.CN=1 a.6-62,6,4,ment, ch,a.rge. 04 lien impo-6ed 404 water 04 Jewer Jerv,Loe 04 Â·604 a.ng other -6peci~t ta.><ing di,6-t~,t,tot. ; 7. Re.se,zvation,6 and exception,-6 a.6 contained i,1 United State,6 Patent Leco*ded Augu.64 29, 1958 41 Book 185 at Page. 69 0.6 602-Low,6: ~ight 0.6 way .6 04 ditch.e.6 04 carlal-6 con.6.tuicted by the au,tho,Ilty 0,6 th,e Un.ited S.Ute-6. j g. Ea.,6 emen,t.,6 a.n..d othe-,0 matte/t,6 0.6 -06#1-own orl. Pla,t O.6 Cottonwood Pa,411 reco,ptded in Pict Book 22 at Page, 66. 49. T eAm-6, c.ct'Ld.Ltlcru, yte.-6-te.Lctic n.-5, -'tc-5 c.zvat.,Lon-5, c bligallon.& a.-5 .5 c.t to,puth- in P.U.D. and Subdivi,61on Agreeme,nt .604 Cotton,wood Pa-'L/t (700 Ea-St Ma.01 Street) recorded June 15, 1989 in. Book 594 al Page 941. 10. Te,uu, cond,Ltion,-6, re--6 eA,vattott-6, ,Le.-6trictÂ·Lon-6, obttgation.6 and provt&,Lon-6 a.-6 -6 et jorth .i-n Acce,6-6 end Parking Ectiement and Main,tenartee Agreememt recolt,ded Ja.neary 22, 1990 in Book, 612 a,t Page 385. 411. Ea,2,emej'Lt,6, JU-ght& 0.6 way-6, -6.etba.clu, a.n.d oth.eA, matte,4-6 a,6 4/1,own, on the Plet .604 River Park UL A-6put. Con,dominium.6 4,ec.04-ded in. Plat Book 27 at Pa-ge- 11. cont,buled ... ~~ CommonwealthÂ® 4-2 Land Title Insurance Company 12. Te=,71.6, con-dition,6, 4.2,6,tu-ction,6, 4.Ue,I.vation,6, p,1.ov.Ld,lon,6 and obtlgallon.6 a.6 2,et torth in. Con,dominium De.c-laixitton .604 Rive/L PaA-lt in A-&pen, 4ecorded Augu~64 13, 1991 i-n, Book 653 at Page 873. 13. Te,un.6, cond,Ltion-,6, re.-64.,U-ctlon,6, 4,2.,6 e.4-vallon--6, p'lovt&,Lon,4 and obtlga,tion,6 a-6 Jet jokth in. A,uticle,6 0.6 In.C-0.,1-po,uuLLort- recoided Augu.st 13, 1991 01 Book 653 at Page 984 and By-Law-6 04 th.e Rive/L PaAJE in, A-!,pe-n. Con,dominium A-6-2,ociallon Le.corded Augu,64 13, 1991 In Book 653 at Page- 957 in Book 653 at Pa.ge 957. v 14. Te,un-6, con,dition-6, yle,61.ac,tion,6, .,te,6 2/Lvation-6 , prov-l-6-Lon-4 and obligallor>6 906 -6 et totth, in, in,-6tuwnen,t en-titted Occupancy Deed Re,6-t-.,Ucti-on a.rld Ag.,-eednen,t Re.-61-dent Occupied Dweltlng Unit .,te.004-ded Augu,64 13, 1991 hz Book 653 a.t Page. 992. Thld, commitment 4,6 4,1-valld anl e.4,6 S chedule. 8-Section 2 PG.2 th.e In.~IL,Ung Provtdion-,6 and SCJ'Ledule,6 Commitment No. PCT-4866 C9 A and B are atta.died. Â¥ ATrA<.*trv"&~i T 5 , * 4 ..... a > :C ' C 2 2 041 . CJI-1 / 1,4 I. 4.44 224 g 4 -In- *00% 394 PAGE941 -U Â·23&; DO 0 P. U.D. AND SUBDIVISION AGREEMENT FOR COTTONWO(2 PARR (700 EAST MAIN STREET) , THIS AGREEMENT is made this 'A day of i ~//?C- , 1989, between JOHN A. ELMORE II and LIONEL YOW (the "0*ners"), and THE CITY OF ASPEN, a municipal corporation (the d "City") . RECITALS WHEREAS, Owners own that certain real property located in the City of Aspen, County of Pitkin legally described as: A parcel of land situated in the SE3; SW3; of Section 7, Township' 10 South, Range 84 West of the Sixth Principal Meridian, East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows. Beginning at the N.W. Corner of Block 21, East Aspen ' Additional Townsite; Thence S 75Â°09'11" E 150.00 feet i along the North line of said Block 21; Thence departing i said line S 59Â°18'00" E 56.37 feet; Thence S 50Â°14'11" E 118.32 feet; Thence S 52'57'39" W 47.02 feet; Thence S 49'58'47" W 21.71 feet to a point on the East line of said Block 21; Thence S 14Â°50'49" W 100.00 feet along this East line of said Block 21 to the Southeast corner of said Block 21; Thence N 75Â°09'11" W 2.31 feet along the South line of said Block 21; Thence 62.88 feet along a curve to the right having a radius of 868.51 feet (the chord of which bears S 10Â°18'25" E 62.87 feet); Thence 145.72 feet along a curve to the left having a radius of 176.18 feet (the chord of which bears N 51Â°27'27" W 141.60 feet); Thence N 75Â°09'11" W 164.75 feet along the South line of said Block 21 to the Southwest corner of said Block 21; Thence N 14Â°50'49" E 220.00 feet along the West line of said Block 21 to the point of beginning. and; WHEREAS, Owners' predecessors in title, Dorothy M. Mikkelsen, Ardith Louise Ware, Alice Gallegos Mikkelsen and Albert W. Bevan, Jr. entered into a P.U.D and Subdivision Agreement for 700 East Main Street with the City dated December 19, 1988, for the development of a residential project (the "Original Project") ; and WHEREAS, the Owners received a recommendation for approval of an amendment to the Original Project's Growth Management Quota System allocation, Planned Unit Development and Subdivision approvals from the Aspen Planning and Zoning Commission on May FITKIN CNTY RE SILVIA DAVIS 312392 f. I 4 {- CL t- BOOK J J 4 PAGE 942 30, 1989 and is scheduled to have such amendment reviewed by the Aspen City Council on June 12, 1989 (hereinafter such amendment to the Original Project shall be referred to as the "Project"); and WHEREAS, the City and the Owners wish to enter into a new P.U.D. and Subdivision Agreement for the Project which will supercede the Agreement for the Original Project; and WHEREAS, the Owners have submitted to the City for approval, execution and recordation a plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Owners to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code") and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein .will be faithfully performed by the Owners and the owners' successors and assigns; and WHEREAS, the Owners are willing to enter into such agreement with the City and to provide assurances to the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: AGREEMENT - 00 L.4/ 4 .~/ 9(,B,1 ~- 4 7 1. Description of Proiect. The Project consists of -2- ~ck Lt L 12 free-market residential living units consisting of nine three- bedroom units (Units 1-9) and three four-bedroom units (Units 10- 12). In addition, the Project will consist of three employee dwelling units deed restricted to Housing Authority guidelines and 5 accessory caretaker units attached to Units 6,7,9/,10 and 11. Further, underground parking will be constructed for 50 cars. 2. Acceptance of Plat. Upon execution of this amended agreement by all parties hereto, the City agrees to approve and execute the final plat for the Project submitted herewith and reduced-size copies of which are attached hereto as -2- ' k. A t- n.- r pi 1.,1 BOOK 334 PAGE ~34,3 Exhibit A (10 sheets, 1-9A), which conforms to the requirements of Section 7-1004 of the Code. The City agrees to accept such plat for recording in the offic& of the Pitkin County Clerk and Recorder, upon payment of the recordation fee and cost to the City by Owner. 3. Construction schedule and Phasing. The City and the Owners mutually acknowledge that exact construction schedules cannot be determined at this time. However, it is anticipated that construction of the Project will begin no later than three years from the vesting of the Owners' property rights in the Project. The anticipated construction schedule is as follows: a. Units 3,4,5 and 6, and the accessory unit to Unit 6, and the subgrade parking garage are expected to be under construction on or before June 1, 1990, and completed by June 1, 1993. b. Units 1,2,7,8, and 9 and the accessory units to Units 7 and 9 will be under construction on or before June 1, 1991 and completed by June 1, 1993. C. Units 10 - 12, the employee housing units and the accessory units to Units 10 and 11 will be under construction . on or before September 1, 1991 and will be completed by June 1, 1991. d. The swimming pool is expected to be under construction on or before June 1, 1990, and completed by June 1, 1993, and the common courtyard areas will be completed in accordance with the completion of construction of the adjacent Units. e. The public improvements identified in paragraph 4 of this Agreement are expected to be under construction on or before June 1, 1990, and completed by June 1, 1991, and each element thereof shall be installed as soon as possible consistent with adjacent Project construction. All such public improvements shall be completed by Owners and accepted by the City prior to issuance of any certificates of occupancy for the Project or within three years of the date hereof, whichever first occurs. 4. Landscaping Improvements. In accordance with the Code, the landscaping improvements shall be installed as represented and shown on the plan attached hereto as Exhibit B, which plan shows the extent and location as well as the type of plants to be installed, and all landscape features, flower and shrub definition, proposed treatment of all ground surfaces -3- f k BOOK 594 PAGE944 (e.g., paving, sod, gravel, etc.) and the other elements of the landscape plan. The landscaping shall be installed as soon as possible, no later than the first planting season following the completion of the construction adjacent to the area of planting. The Owners shall promptly replace any plants which have not survived for a period of two growing seasons following the final certificate of occupancy for the Project. 5. Public Improvements. a. Sidewalks and public seating. The Owners will construct sidewalks in accordance with applicable City of Aspen Engineering Department standards in conjunction with their construction of the Project. These sidewalks located along the east side of*Spring Street between Main and the Creektree Driveway and along the north side of Main Street from Spring Street to Neal Street and along the south side of Neal Street to the Roaring Fork River bridge will include a two-foot grass area between the curb and sidewalk as represented and shown on the plan attached hereto as Exhibit A. The curb along the sidewalk on the north side of Main Street shall be nine inches high. The Owners will install at least two benchas_for public seating at 1...3.- Â·r the corner of StjtingStreet. and_Main Street; and one bench and -Fl decorative rock formations on which it is possible to sit at the river overlook along the north side of Main Street overlooking ,~---- Herron Park, as shown on the landscape plan. Owners shall obtafn any required permits from the Colorado Highway Department for construction of the sidewalks along Main Street prior to obtaining building permits on the Project. b. Water lines. The Owners will provide an interconnect for the Project by extending the dead-end water line with two isolation valves as shown on the final plat. C. Sewer lines. A plastic pipe slip line will be installed on the last segment of the Rio Grande collection system for a distance of 300 feet to the trunk line, in order to service the Project. d. Fire hydrants. The fire hydrant which currently is located at the southwest corner of the Project will be upgraded by either replacing the hydrant with one which has an additional nozzle or, if so requested by the City of Aspen Fire Marshall, by upgrading the existing hydrant with an alternative similar system. In addition, the Owners will install a new fire hydrant at the southeast corner of the Project and will sprinkler all of the Units for fire protection safety. -4- .2 1 . BOOK 594 PAGE945 e. River bank stabilization. No vegetation will be removed nor any slope regraded such that the Roaring Fork River will be adversely affected. All di;;turbed slopes will be stabilized during construction and app"rdpit-fite measures taken to prevent erosion. Lincoln DeVore Testing Laboratory has prepared a report, attached hereto as Exhibit-_B, which makes certain additional erosion-control recommendations and specifications which, when implemented will prevent further undercutting of the bank along the east side of the Project by the Roaring Fork River. Currently, the River is undercutting its banks along the southeast edge of the Project, on City property, and on the northeasterly edge of the Project property. The Lingoln DeVore report requires that boulders of a certain size and specification must be used to prevent further erosion. The City shall, to the extent available without cost to the City, provide and deliver boulders meeting the specifications of the Lincoln DeVore report in order to take steps recommended in the report to stabilize the undercut eroded area located on the City property and shall provide and deliver any additional boulders available to the City to the undercut erosion area on the Project property. The Owners shall provide any additional materials and required labor and shall install the riprap as recommended in the Lincoln DeVore report in both the undercut areas on the City property and on the Project property. In the event any further permits from governmental entities other than the City are required for such installation, the party on whose property the installation is to be located shall obtain such permits. 6. Security for public improvements and landscaping. In order to secure the performance of the construction and installation of the landscaping and public improvements described above, the Owners shall provide a bond, letter of credit, cash or Ou.,1 0.10,0, other guarantees in a form satisfactory to the City Attorney in ..1.1 4 r .9 the sum of $183 ,233.25. Said guarantee will be delivered to the *~*bal e City prior to the issuance to the Owners of a building permit for the Project. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owners in their obligations specified herein, to withdraw funds against such security sufficient to complete and pay for installation of such public improvements or Project landscaping. As portions of the improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the_-release..of- tbi agreed estimated cost for thi"E---. pert:ion _of._the_improvements,@xdept- thalfÂ» ten-percent of tha-- estim-ated cost of the improvements shall be withheld for the benefit of the City until the completion of all of the described public improvements, and the retainage for the landscaping shall -5- 1 e , . r 1 1 '11 BOOK 3,1 PAGE946 be withheld until two growing seasons following the certificate of occupancy for the Project. The Owners shall require all contractors to provide a warranty that all improvements were constructed to accepted standards of good workmanship for the benefit of the City for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing municipal improvements are damaged during Project construction, on request by the City Engineer, a bond or other suitable security for the repair of those municipal improvement shall be provided by Owners to the City. Prior to construction of any improvements of the Project, the Owners will secure a new estimate of the cost of installation of the public improvements and Project landscaping. If the new estimate, as approved by the City Engineer, exceeds the amount set forth in the first sentence of this paragraph, the security will be increased in such amount. If, however, the new estimate is lower, the security will be decreased by the amount necessary to.match the current estimate. 7. Utility Easement and electrical transformers. A utility easement, in the location as shown on the Plat, is dedicated by the Owners for the benefit of the City and public utility companies. In addition, the Owners will relocate the existing utility transformers on the west part of the Project near the vacated alley to an appropriate location north of the existing transformerfalte. 1 1 8. Drainaqe.) The storm sewer system and dry well for ,~_-21 site drainage, water-retention and other site drainage features will be installad- in accordance with the representations, drawings, plans and reports attached hereto as Exhibit A. 0-3 9. Parking. Owners shall construct 50. subsurface parking spaces (five of which will be for use by-compact cars). The parking spaces shall be constructed prior to a certificate of occupancy of the Units. 10. Employee housing requirements. Owners shall construct housing for 5.75 employees on site in two one-bedroom employee units and one two-bedroom unit, all of which will be deed-restricted to the Pitkin County Housing Authority's low- income guidelines, provided that the Owners shall have the right to designate the occupant of such unit and give occupancy priority to employees of the Project, and any occupant who is an employee, but only as to one of the one (1) bedroom units 4---- shall not be Ing"i rpri tn meet inc:nme nr_asset limiERtions ef_the .ARM-income guidelines; however, occupants of the remaining one (1) bedroom units and the two (2) bedroom unit shall be required to meet low-income guidelines. The units are initially intended to be rental units, but the Owners reserve the right to - sell the units in accordance with the sales guidelines -6- . I. -' . . . Z 303 925 --- 6.,27 PIT , . TITLE Al 09/19/89 11 IN,11'IDPFUL"Ill'l, 1,i ~'IJP''Â·/O#N,UW D'Of 'P + 1 ju). 1 '114:1 ' ' 'LÂ»Â¥144 f ., 4 : , S '4324: .ii.,t ' ' . i.14 + 1 , 4 112 ' 4 i : Â·Â·4; ,-t 1, 1 i.wi# a , A 1. , - 4 . , , ,Â·. '.fl ...BIL I -Il ---. a , mi 1 , ..1 1 : .4 f 1 ' . a. 594 p.947 .stabltihid by tb, Housing Authority. In additlot tti, Ouitbre vill provide â€¢ payment-in-liwu for 22 *Aploy*4â€¢ at trn. lew 1,>couiu pay-nt liÂ¥â€¢1â€¢. for a total of $440.000.Cio to 24 pald pilot 20 i.â€¢â€¢ince of Dullding piralte for th. Pre,jact. The de.d r.*trictic- for th, -ploy- Uniti, arâ€¢ *ttachad b,t#,0 ss Exhibit C. Thi thr.â€¢ privioudly extiting unt*m oa th/ Project. .., Day bi rooo-tructid and are *ze=et .*roâ€¢ growth â€¢anâ€¢g**ent, 64,: ' -91*y- bousing and pirk dâ€¢dication 1*/. Tho- proviouâ€¢ly existing -iti â€¢re thi Warâ€¢ residene* on Spring Stroot, the Bivan 5 raialiol at 120 North Spring :trlot and thi for-r Mikkllâ€¢in u ....fi * r..idinal at 700 gait Hain 5triet f d-o] ition permit nunber 971/). The -ployiâ€¢ units are â€¢1.0 01.Ipt from Growth Manigo/ont 2 ..1 â‚¬ . 0... /1,8 n</Hnim"J Ind the fol didication/â€¢ :Â·49- 1 11. Park dedleattep. Thi City agri/i to â€¢ecipt park 1 1:* . 1 dillop,I,t 14*et fiâ€¢* (Siction 5-603) for thi Projict in li,u t of land aillcations tar pirkâ€¢. Thâ€¢ -ployoe units and thi thr*i 7 A 'A priviouily *=lating unita â€¢ri exâ€¢ipt from riquirimunts for â€¢ park 4 .. ,<C' 1- t * , divilop.int 1- (Section 5-406). Thi prâ€¢viously â€¢*liting unite J, t t. 0Â·7 X 7-4 ! con*1*t/d of two th.e,4*drooâ€¢ and uw on/-bodroo, unitâ€¢. The 44 i rololting park d,Â¥â€¢lop-*at toâ€¢â€¢ ovid by tho Projoet ar= aâ€¢ I, f followâ€¢t 4 4 1 -1 1 â€¢. â€¢12.0 thrl'-b.droce Unia ht *3,120.00 6.Â©h, .44. :4* 17 0 . tot 020,0.0.00, 0 : K. t.. . b. Thrâ€¢Â® four-bâ€¢droom unit â€¢t *3.120.00 0*ch, for 0.300.00. & . 1 N I Thu/. thi total park divâ€¢lopient i*pact fâ€¢. for thi Project . S 10 037,440.DO. thiâ€¢ f- Ihill be paid prior to thi *lluer- of building pormite for tb* Proloct. 1 13. Cag'*2191.el"*tan. 71*i City hae Over,wed thi Â®cadomintuilâ€¢â€¢tiâ€¢ . of thi Prollot, aid the city agriâ€¢m to *ooept, IMâ€¢cuto Ind apprvvi for riooldâ€¢tion a oondÂ©ziniu- plat propired in â€¢overdangâ€¢ â€¢ith thâ€¢ Code. A* thâ€¢ 01â€¢*ro havâ€¢ providid ...1 A. â€¢ffor-41â€¢ hauling pgar.gant to 9.9. 0-10â€¢ (El (5) of th' Cod., tho Proliet in ...pt ft- payin, thi Af/*rdabli Housing Impact f... Thi ownâ€¢r. Ihill rioord . ;ond.%.1- 4â€¢01* pation and shall tâ€¢ 0Â· . criat. a cwporitâ€¢ non-fr,fit b#,Iowneri' 0.,odiation and 441' ' artielie of incorporition and hy-liwi. Thâ€¢ â€¢â€¢â€¢oviatioll shall bi hi Yiipollibli for thi porpituil â€¢â€¢intenâ€¢neâ€¢ of Lhe noject comion .. 01.-ats -t open 'pia' i" good ropair Ind in â€¢ clian end h + attrictive *oodition. Me,kirâ€¢hip in th* homicâ€¢mor,' â€¢slociation f 4, ah.11 in.re to . Unit owner en th, transter of title. Ths *t -6 - ' PAI Tr;â€¢ ANSMITTAL MEMO ., , 2 NO, OF , Den _ FAX #: -922_at.2Â£20 PAGES r :! 92%2*9 FR?K---f. , PHONE ' ~ ~~*~~'~' ' . j~;.kettix.,.,1 ' : 0 I.. .1 -, 04Â¥Â·690~2 '. '' , 7 ,<fA 751~ COL~32 -2.-4Â«g fu #: t.< I . ..: 42'r ...." 0 1 .., . =(}A BOOK JJ Li PAGE 948 association board of directors shall consist of at least three unit owners in the Project. Owners agree to join any improvement d.istrict formed for the area in which the Project is located. 13. No fireplaces. The Project shall not contain any wood-burning stoves, fireplaces or similar devices. 14. Maximum floor area. The Project shall consist of no more than 43,000 square feet. 15. Fisherman Easement. The Owners shall grant a fisherman's easement along the west bank of the Roaring Fork River and the easement shall be five feet in width and will be shown on the Plat for the Project. 16. Material Representations. All material representations made by the Owners on the record to the City in accordance with the amendment of the Cottonwood Park Subdivision and P.U.D. approval shall be binding on the Owners. 17. Enforcement. In the event the City maintains. that the Owners are not in substantial compliance with the terms of this Agreement or the final Plat, the City Council may serve a notice of noncompliance and request that the deficiency be corrected within a period of 45 days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or whether any amendment, variance or extension of time to comply should be granted. on request, the City shall conduct a hearing according to its normal procedures and take such action as it then deems appropriate. 18. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owners L .- ClV=-~1 Â£ John Elmore / P.O. Box 381 < Wrightsville Beach, N.C. 28480 -8- BOOK 594 msi 949 Lionel Yow Yow, Yow, Culbreth, Fox & Pennington 102 North Fifth Avenue P.O. Box 479 Wilmington, N.C. 28402 To the City of Aspen: City Manager , 130 South Galena Street Aspen, Colorado 81611 with a copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 19. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owners' and the City's successors, personal representatives and assigns. 20. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 21. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal corporation KATHRY]VS. KOCH WILLIAM L. STIRLING, Mayor / City Clerk -9- . .. BOOK 594 PAGE 950 19pproved as tu form: 0---T <Â«\ < ~ City Attorney'\3 A / i ~3\A-_00 2,1 3 4444;L1J j ~ JOH~ A. ELMORE II LIONEL YOW ---sT*fE OF COLORADO ) )SS. COUNTY OF PITKIN ) ...J Acknowledged before me L-Â«L / 37 , 198-1 by .Â·' / -, 1 . ..1 WILLIAM L. STIRLING, Mayor, and KA~HRYN S. KOCH, City Clerk; -':.; .1 '4'9 ... 5 i - 01 :. /.â‚¬. Â·, 'LÂ«,4 0. j K My Commission expires: 4/ 70 9 ~ Witness my hand and official seal. K 0,4 ~,tÂ·%- ~ Notary Publti% *- y't~.t'T '~Off'% Acknowledged before me l~~7-79, /4 , 1981 by JOHN j.-Â·A. EtieÂ«-II. - r.likpy :. i . - My Commission expires: 4-/-90 EUR L\C EO %Witness my hand and official seal. 1 ti â€¢r 13.48/ ...4/ 2 M'0424 ry Dublic 42,444''mtill,11'01 Acknowledged before me ,.bi.'72 ./0 , 1982_ by ed'W)N]*,fGFÂ· \ Ay Commission expires: Â¥ 1 ~ : 1'Â·c ' ''/Â·'>- 1 'Witness my hand and official seal. - 64 . 603 20 /O f . ~fouri r- %â‚¬ 1.2........:..291Â· *btary'Public Z te. /- c:\jeh\lu\elmore.pud JEH - 10 - / 0... . .# scr/0:: . '1#11"j. V --tâ€¢---==1 Shâ‚¬10-â€¢S ' S...â€¢owl - 1.33.5 if YT H' h ... ..11-, I TY'*11&&/V .Li/~[M N'3!Ri[36I r~%%[Eqi[ti[Y â‚¬,EDIE[Nial:KID[I .11Uid., .0. -15 1. > 41 4 ..111. lili . C _ .._. _la. 1.Au- - r - U........11.1 , C *.1'Ul â€¢I-) ~I.4.60 .J... '..1- ...1 -1 '. -â€ž11.1... ./ . ... 1-1. ..1 ~1...,t'.'..1,1, . ... .14â€ž*,1 ...,10, , '--m------Tr-2 852!gamin' T:FLVM Yli.~9716 ..1.:.1'.11,1,1 2 Je......1. â€ž1, 1 .... . ' .*.I--I...'ll... *.....,-Il' *. i ... ..Iâ€¢LU /3/ JAL 1 - .. 1.k- ./111/I ' .p X od 41 N I , a.." â€¢,il ,Â£.L~-) h ,â€¢ 1, - 1- â€¢â€¢ â€¢-Â·0 UÂ·.1,L J - --4 1--1 ./1 4-4", I ..0 141,1 41-1, .6.....1, -'..1..Â»..1, 6......'... M n:2&1113[ID UnI[,LI., - r[RAÂ¢MILIP 21wn viuM!1211,2.1"9 rmNIMMID A.LID .2063<.' C f 9,9!DR[immdrr.IM DIRM'TrED /4424'i':_-2 1.-1 9 dVW AUNDIA C 1 11â€¢ â€¢~ â€¢â€¢i ...Â·~t â€¢bâ€¢ -- â€¢~1â€¢- I *16,~'li â€¢i'*,i VE 7-27.1-1:414 0/= ..1 ......- )*ZE] r---iriltzA.;1=:,-, --- :'....1..... J.- ./ ... -- .' . I- /i -1, 1.--I' â€¢im. 'll I Al -,1-- .4 G-, ~1'~u 14 t, ~11A ~â€¢ tiâ€¢~M,~ â€¢A~~IIA 14 11,11U *FEEE .%-M . *â€¢M .- I- â€¢--Â·I~-6 ..1 ) .... 41. I Ge. . i .1 1 4 1.-t .1. -1 - - 1 1.,1-1 â€¢ --1 1 t.â€¢ .i- Iâ€ži Ji .i w,Â·Uâ€¢l.1â€¢', ~14 -i . i.-4 i i- ..........'.1.1..,4..1.... ---- --- f~~a C.27 ...' -.11;M . i. i . -i.i.i. I 1..., m#, -. t,~... -21 5[LEYSIL~![133[I:) N.'}111'99[LEI[IN SUVIDLEDHED 9,110Â©LLED N[ILLE:11:Ze.@[I 93:30UZ -ht-i[-9#42 up<23-~E ([D{[DC ~EM NablE]fiti[(([[t[[f 819 ([If D0II < BOOK 394 PAGE951 EXHIBIT A A . 1 i EAGLES CLUB - j. /- --.--" -IZ-72- ;- - -6 -. 7U - - ,. 8 Â· ' 1 ' ' ' CREEKTREE II -- -- - -- :'92-Ze;--O-:- CONDO 1 -: . 1, . t ' . . . 11 1. 1 ' - : <AR '..... , LEGEND & NOTES i , ....\1 -\13.. 1 \ f.. 6 1 " lili $ IA./-' ... 1 1 1--- , 1 1 11 ' 1Â· 2 1 / r ' ..A'. t , i , 1 ' t, 2,3 i 4 I ; 5 6 L'' 7 1 1, 'it .G...L J .1 1 . I. - ....4 I .... - W W./. I .... ..1 1 .' '". I /. . ./ el,â€¢â€¢/---/ I.â€¢l eâ€¢ ,- w...-0 1 . I . .. , .'...9-. *...Val I -1 . --e - -,9 ..... 1 . , , 1 ! . d ./I -- *Il - --b-- 0, 1 1 ~---1~-~â€¢â€¢fr ~- -Cv-t> --2 1 , elih -- i . I.--. .,+ _. f _----- ~ - , . t:.>1't". , .4 1. -- ..W-. ..â€¢el e. ....... ./. -0..r 1/ 1:Il..... U ' '-' ~7--~-- f Block 21 EAS:/SPEN TOWNSITE Â· -â€¢ 0. . I r.. 1 ; 4 /1 ..1 ' , 7 ./ 1 2 I I . , . ,;11 1 ; I. 0- ./.; 4-2,I - t/- . . . 1 , --~ .h ' 1, I' Z r , &, , U ' iC n , Jf , 1 ; i ,.4, " 4,Â¥.*k 1 L-1 J I , 't'"i'|':1 . fi :. 0 Z b ' .t 1. 1,1 1/ '. -F---Il: 6111,1./,7 1 1.4, 1 HERRON : i ~'0. ~I,12 ,13 . 1 1 j ~ i i litjiAZZL. , 1 , 1 - ' 11,1,11,1 .1 . 11 14,11 i 1 11 1 ; 1,4 4 3 15 , M- PARK 1 1 , '2-:~ it. Â¢ .C 1, iÂ·i. "4Â·,Â·.. '. , 1 fl . \1 1 ~,t'' 1. t.,Gl 1 .\ . 1 72/ - -- 11'4'. U.L., â€ž1 - FÂ·. 04 Â¥ . 01 -11 1 1 . i. .... ---- -- E-*.1.-- ...4- *. \ , . ~ 'r:kic:2~ .,,\. 1 ., A ' I Cn - -~ 163*j Â· h.,. . \ % '/ 4- . -- / al ~ MAIN STRâ‚¬ET ...'... r-1 , CLE 1 , '' C.23 , -- I'l . AL \5ZR-14~ SURVEY, EXISTING CONDITIONS. & TOPOGRAPHY i, L-1 r. â€¢0-0 SPRING I _- ' 1. | GOODHEIM ASPEN \ / ./ ORIGINAL 1 STREET i 2 L ROSS MAIN CURVE . , ~ SHEETN,6 2 Â£ON DO 1 1 CONDO CONDO CONDO . 2,6 SoluELE' CORDON vOU .= Â· 'ir Â·Â·, 92:92.tr,ry..4 1 \ STREE 11 - CONCEPT 600 CONOO OBEAMEYER ...>,807 - BOOK 21 1 1 I l---------=-- 1 - SECDON 41 rt> SFC:nON ,- ~Â·~--MUL /4â„¢WLA-//1 0./.% C i. ..~ --#- t-:. \ =â€¢â€¢--â€¢ 1 1 ' .2,Lld;,LiWâ€¢t- %. i U- 00. , Z EL Â·~ r.<1,1 --JLM-"41-tÂ» , -mu-- .' -~ EMM.Ofâ‚¬E . 01(.ED hâ€¢ n.- 4â€¢~ -- UNIT 12 l,JIT 11 UNITIO 7/74 "~~SING |~ ~ ~ UNIT 9 ) ...4/ ...44 , ./I'llÂ· bÂ·4Â·- ,-- 1 r. Â· -tr 4 -- 6/:f- UNIT 8 . *' CrF#cÂ¢ -.f - -,ip + .0.4,6~1r~ r J Â· 3 9 *_cgtaTY*Fd-SECC~ret -i-J-ti~_. - --1 - ------- _~ L,-Il. L . 9.1~1 -fy 1 " i L. UNIT 7 . e L..... L. 11 _49â€¢TY.Ro i i 0 -- -1 -9 Â£EZ._ 1 Â· AuNTAIN : . d & - 12-3 , , 1 , ~ 2-- --) .~ i F ; ~ 1 -- t~ 1 *ime SEEMPPJLAU.*- :'Â·ElÂ·- Â·- ./ l I ..- , 4,JAIL#g. L. 44 LI UNIT.6 1 1 - Â»_J If /-4 -1 UNIT d I L . -- CtÂ»,91~ 9 , UNIT 2 UNIT 3 1' t7 UNIT 5 1 1 1 UNIT 1 ..... -- < 1-A: 1 Lj : n_~ CO r . 'a *0 -- l.f 1 - LAP POOL - -*-. rj - A :.=--, ..J -- 6...6 HERRON PARK -Xâ€¢/ Ii.â€¢1~Â·OFÂ·WAI , - ' -~ -/.0 0 0 - I -/. 'll -. \,F -1 --- --CITO1 SECTION |-C> AA -Vt- Tii ~W,â€¢â€¢,O -fÂ«f,,,â€¢â€¢IMTâ€¢, 4,*0UU OV â€¢â€¢â€¢4 -- - % 1 05& Â¢-Wq*/ Câ€¢-J-â€¢4 T~~' W-~ -1 ---Â»-â€¢~~n-,~ /*/-O-â€¢-* A-~~tr.-%/ .W,61 -I ' . POCKET PARK *4 -W -,Â£00~0~0 - Y~lt + C/1 -:1 \*\ mTD'â€¢U Lr,Â»rrl ~,u,U.1, , E. MAIN STREET M~/ GO' Ca/. .-WALâ€¢ 9/ 1% -u.. . h- .'I. L> SITE PLAN , ,<I -'... V g \1 ' -- 0 P j Â« - '1 , ~ ~~ '~~ NEAL S;REET 11- â€¢su â€¢f r m - 6 -- Â°-tZ~L, CW,v. -0...U TI ..,OL. - - 03 + - i - i SHEET 1 . N SPRING STREET >18 03 BOOK 94 PAGE953 1 SECTION fC> SECTION - 79 - - . r,01 1 "-" - ~ v--=- 00>CD-S.#*2*1 C..0.~--u_-1 < ---,L4 l, ~9F~' (,) 1 41_21.Lj"PLOVEE 31 18Â« ..... - .- ~40US'NG UNIT 12 1.NfT 11 UNIT 10 *) f, UNIT 9 - UNIT 8 / k r-7~ 1 1.L) , "LAâ€¢J- _ 4- ~ - 1 UNIT 7 dk- ) 939 - 44 LffÂ»FRTVO L [U 74"- a --- - 4Â©,r 0. - .- -. -- - .1 , - - -n , ...... -.. ... I. . . . r, LL . 1. - -- -. Â·t- UNIT O ' 43 . - -- 1- * . Uer. t //in UNIT 2 UNIT 3 ~ UNIT 5 J , P?* 7 . r64, -. . 8 -- L,111 4 1,14 tbxr-4==4~:Gf M - ... - --- I 'lf-/--W i .- LAP POOL 364 1 - --- -- --- --.. . -- 7 y \ HEIRON NA - .1. --1 -- - Sh:41 01 08*5;Uâ‚¬- / \ 31Â« 1 1% 1 (9)Q. CE , \ Wâ‚¬t.. ChÂ·C.y Â·d , K.. t. Vt \ E. MAIN STREET L_- ... r,e~ i- 1 - . , ./.----I.----*././.-0.- . - I r A 0-9 c.n . . C C.2 ~04 LANDSCAFE PLAN ~ 11 - Â£2 r., Â· 9â‚¬ET No, . , G//9 MIN.AN . LAND&CAPE IRCHITECT 1 BOOK In V.,=---All=L 1 IJ~ 1-i k-* Lf Jill ...1 T 1 i -~--7 C-= Coâ€¢ilyâ€¢id 1 -ok . Ilill[FIFF Fl ni, 4 -.:... -1 - I 41 441 W 4-, - A 1 1,1 812% L= 1 -0 It --4 12 1 /. i /1 /%2\ -uk 28& le)16\ ~--7/#A ,AA /4#~ i-z _t- IFil - -11 - ir-nÂ· rn -1.- -1 D ' 2__~ ctg~~_*~ *tz c t. ,, 1 1--- CM - --4-/'91--~.-I- l i 1-4 i 0 1 4 -QI i__i,Jil======4: r-1 1-1. 11 _L====UN.111- 1 IL t:Â»00Â¤1~U--s . -~-1~jjo&~ _s-- 96Â©=4_ - *f'htluCI & cQQ 622=Qi 1 7 ' 'M~aAE!=,~ammfl=d f i 1-111 It, ti, 1 'J, - i [-til _-J Srâ€¢* Swee' E'evÂ·â€¢-â€¢ 1 U rut._11.1 COTTONWOOD PARK NEÂ« M SHEET /0.6 2]u~ STAN MATIS AADINCTS . 6&{G â€¢02,44. ili,)50â€¢,1 -Intr lut[50' -I--0-- U TM â€¢AMN (4~*v , â€¢!-0 50-LESER GC,IÂ». heT' .IC U -- C../.-b-I-â€¢I--- poox 594 pAGE955 *40=04-=UU==Â»gl[E -2 Y =-7DCâ‚¬-:--1 . ---pf':4 -1 141---___-34@C@2--Â·---Â·--Â·----33*44#*Â· . ; 1 -4J41 1 b M 1--- 111 4 F 14 , 11 1 1. , .. 7 10=C-- 1 --=aer--- -:22=W=:==EN 4771JRÂ®73mt 1 -MT BMM~IM ..l' I 'ex -n w 'f\ ; cwÂ£2--Â£130-0-1*2~*4)â‚¬1 c=*gO=*k~--Â·- ...0 I 11 k//....4 liFI M M / 11.--ill, 11 fl â€¢ 11 i-- 1 , lili lili. 1- 1 1- 1 ... COrrONWOOD PARK 921 STAI 'Inâ€¢GAfOÂ«TECTS ...9... * G'Â¥G &Â«321,1 1,/COPE NOâ€¢rECT 14 â€¢U}â‚¬i CFOP -- 4 .1.5 30-ISERGO/12,0, 4â‚¬773 D< st-t EEr k)0. 6 RooK 594 PAGE956 1 2 3 4 5 /Â«,71 1 9/,4 \ st - 1 .. gfcr'. u ibc#=9:---:ta __ . _~ _._ _ _. _i_ ' _ ~61 -+ -71'j--1.-rÂ¥4â€ž17 - 1 i %68Â£:9-44%*trdE&&=i{B==iRFUM(32-EE - 6 1 -6- .-&-==91-1--=Ers-~ I - 14-U U.-Ur- :- -1.IM[-Lt t}!=08_i'tio_o'H' H- H-I ,HIE K BlikzÂ·t.-44,Lt-ir [4-1./ 4 - fiul , -rut --Â·- I -i~k: ./. Â·Le' u.mJTE' C=fa...ELI~:~Hy:43,.~D,Ci I :c :0 ir--nicip - c.zztiliti- _.---Â·--*-*]Ii-dete-JU ti F.-' 'B'-t~~tl-]1 41--rn--11~~ Ni.-M'tti'~ 1/1 33' .E 1. : 1 1111 11 1, , :111 1 - 1 - --7-r-= ,= I S.â‚¬ ..MMI m.4 --J --263 9 10 11 1. I *-1 11â€¢/1/0 ..... i. i-- -- - E mrâ€¢k,-Â· l'â€¢ir --1 . 376 Cj +Tx=Â«~_.,4 __ ___ _ ~4>-4> , 1 A f. '9141{- 11[lic=2811222-fil !11 It lf' 1 - I- 1-1-22212 +DO. 5 0 lilli 1 Â£ 6. *I,&,WN=OQGjj===41%49#4- 65 --58 ' 1 4,2.1 41~11 4 --, d 1-- ---&-1 - . I ..........0.1.---... I 5...8, 1 -fit~ 1 /20Â· i I ~ I -- --" Mih 14,â€¢peily lieâ‚¬ Eleâ€¢,iâ€¢-9 Lâ‚¬nkin, dilih COTTONWOOD PARK ------ Air -- SHEE:r 0.9 544 *ADRS AAOâ€¢TICTS ,/â€ž.r *G â€¢08â€¢M l.,~SWE AAOÂ«rECT ~7 14 . 1.- r.,p 4â€¢ 1 -O 50-*SEA (nrON â€¢â‚¬'Â·Fl /( -- BOOK 594 PAGE957 â‚¬1....1 .....15 8 7 6 3 1150~~ 6=*=h...u /2-~=,et* 2%,=_ 4.tinrul L-U,Ul@1Â·111 1 0 luTII - --- --"-1 -1-1 r . 1 11 -- ....... ..... - . 11 . 1-r--- T- &5"7 - - U-1 : 1 =77 f./. 1 , I --t. i -.4& - I .2 k: i:"--':lili 1 1 MR[ k=11 1 ! Eziyer*41 Il-] i.-4 C ~*--4-,rÂ·617~5_1.6~râ€¢,1 r -t==1 , t-=r--t - 8 - - . C~= - ... -2.71 +. ~ i I F*4 ; ; '*- 3.-1 . , Seâ‚¬ 02. A--8 1-king East 6 7 M I / 1 =tz~ AS--f l~Â»Â»44,6.,0-- E E , -7, rt -~ f [1 nx 0: fi:, #tmitm3Â·i J ijÂ¥=r.All.3* ,-r~t~-~ ~~r~~~ 9~ 1 4 An -1.-Al....L-1/.-1 *kl 44325{M=t-812-,jmae@4â€¢4~-141Â£3r ;1407 Plot U..-- Liu ,-; --93.Lb i.294(In 2 2 1 , 11 1, 11, -- ; 1,1 1 1 1 1--- .-,1 1 1 1111 0- 1-L-_Ll_j coÂ·rrdN~406D;-PARK--1 PAN â€¢ADâ€¢S â€¢ror,ECTS 910'07â€¢AN iNOPM Al<,Â«TECI ty 14 41 irm cy~.r 4.,t: 1Â».USER (tfÂ«*r LEYER â‚¬ 800K 594 FAGE958 J I .2.* . - -/f-.-'-=----= * ... : -i// 1 '.1 1 , .,11 , I , 1 . , r.* Ii- - - ~ 4--~4/~4;6~ ' 42*>\,6 il-PELL 1 . 1 . 1 ~0 ; 'N- L--1 ... Â·--1- =- EMPLOYEE UNIT 12 UNIT 11 UNIT 10 UNIT 9 ( 1; r 1--- 9/ 3 h L UNIT 8 . 1 :1 ... r 1 , ~ UNIT 7 1 118\ 'lili ' t:Â·rt.LS-Â« ~-* I df/,04Â· %,-Â·~47 ~-~I~Â·Â·4.1. COURTIARD , 1 : 1 1 .... . 1 31 H P L UNIT 6 \3*)1'; 10: A:57' i . 4 . 2 L- 1 / 1 tne. -9 ' e UNIT 2 UNIT 3 UNIT 4 UNIT 5 Z . UNIT 1 1 1 .L-1 [ l.,4 FOOL- 4 y . 1 \ /~ 41 1~, 2- f Â£ ... ./ 1 1. / \ ..... 1.>...co 0 A / X E. MAIN STREET - C-7-7 A ' CD .g#t REGRADING & DRAINAGE , ~ WJ En rÂ¥i \ . CA S BEET [b.9 CO 23 50-uctp colon, Mon K . 4 . j /ic W. Ew.71*J. --- . ~ Wa-ZI LINE *Ibltâ€¢1 (4 / 1 , + . .9 1 -f - cu -Tw 1 11 I . . 1 4.- 1 1 - 4- 1 1 1 1 1 - 7913:Zic. _a. -- a tr'r.-1/* 1 7Â»-'vnv-,4, , , 1 \\024-11 e / ALL FOOF ! SUFVACE i /:. 1 1 1, 1 . i , PANNAGEND LATt-!4 515]WI 2 -21 Â·-L _, EMPLOYEE _UNIT Q -UNIT_11 UNIT 10 UNIT 9 , 1 HOUSING --h D-WILL L \\ + 11\ C li *i LAys.p-- InÂ· 0 7 , - 1 Â· Ii-- 1-1- FQI>'~ bur.FA / L 2.-3-19 142,0 Â«15~i~1 j 0\Â£ , ~i L 1 6F~-~2-~ ~~~~ UNI 1 0 J 19Â»-Â»01 I , t MOJ SEWE< 4,//w/L= < 1%~R.0....... : / , 4 ...1 3/1/ ' 1 ."T 4Â«4*:2Â» Â»2~-9 2 UNIT 7 ./.7 I f f )\ fi . -Cr' -2-L- -- - F- Tty-t- tbnâ€¢t (M.A, 1...25) C 1401-D -ir. 1-*Ak ..Al-:, 3Â· :. . BACK 51*51UZKT-10,1 UCTS: COURTYARD ''1 --eâ€¢vÂ·.Â·-/ ./.Â·- ' lili ..AÂ·'A.L.('Ill --/ - râ€¢04.-U> ~â‚¬.rEk -0 W-UL. b....t - rÂ·'thâ€¢â€¢.-A.-rtn A-â€¢e -â€¢b -L ru.LLÂ» â€¢-4 .--4 *0.790 9 / Ff râ€¢Ub.r .... ..1-t.~Â·.Ile ... I.4/1%.,A. 1 PAA,NAGE 10 C.*TCH BASIN \ 1 1 i jo /1 2 - - -0222--043#%101.~,~.7-1121 ./ 1/1 1 , 'aM_EM'. 02342'4cu.,04 -Â·. _ 2 |4 ~'~ wru <Et.)", ,~ANHOLE UP r bCUE-4 6-h Al / r--4,4 -re P.ALLAIC -ru -r-JI/: 1 5 ti .6..:;.U~It~t- -,L-neâ€¢ ' Â·,TI -/ ' T I.) 9/6 1]Â» Â«]91 I~ '--1 '.r~f=r' ~ : UNIT 6 : i iL -11 1 ,~.:Â·9--E- _--4 / ~ALL F,Dor i bUFVACE l l, .4.. - ' i. 02/Â· , -L . I )1. el-â€¢,Â·r, 2.1 IVFEA!!JAGE TO CA-TI.41 8.btwl ' < : UNIT 2 UNIT 3 ~ UNIT 4 6 ...~ Ll UNIT 5 UNIL 1 .ALL Poor i SURFACE ~ I -7- D 3 -6 FAAÂ·I KIA G E 70 C.â€¢Alt H E.A 6 1 1 -- l i .- .It = , .1, 1 \ C_ Â»C=- *--Y -*Wm & 1 -I , CCD MANHCLE- 7 4- , 1 f -0 1. \ 111:, 6 ./ ., I / *rr~. L'-1. '"S' 01 ./.\.Ph': . ' C) - I - ) r.. 1 j 1- It t-U 11 . 1 --1Â».32-2-"I: ' 6-24/iti~.1 1 -.1 - J . FJOTE: - ..0.4337#--*/ \< i..>\.7\0\.... \ 4.t 1-AM"U& SUMBCCE- DAA,9 -0 1 E. MAIN STREET (AEAKE, er_ 1 2=Akin> TAAP 1 Fll.71.8 77#EN TO 20.kIPT>eY 1 . .1 604!EM VIA PUMP - Â· ~~~~,/~ / \ SHE-er 9/k 9 E--1- : . 1.1 DRAINAGE , \ 1 - . \ 5.1/ I 1 -â€¢r ~\ \ , N. SPRIf STREET . 'ER 4(l A EXHIBIT "~ " BOOK JJU FAGE961 Lincoln DeVore <Â·Â· - 1441 Motor Grand Junction, Colo 81501 (303) 242-8908 Mr. Stan Mathis Stan Mathis Architecture & Planning 119 South Spring Street Aspen, Colorado 81611 June 14, 1989 Re: Erosion Contbol Measures Bank of Roaring Fork River 700 East Main, Aspen, CO Based on reported 100 year flood elevations estimated from the FEMA study, anticiptated building placement and existing bank slopes conditions, a riprap repair and flood protection construction is recommended for this site. The existing bank is oversteepened and is being undercut by the river. Slope sloughing and ravelling is ongoing and will continue if protective measures are not undertaken. Following are basic recommendations for riprap along areas requiring repair. It must be emphasized that as the work progresses on the bank repair and actual building construction on this project, inspection by this office may reveal conditions which would either modify or extend the actual amount of slope repair and stabilization required. Subsurface conditions may be uncovered during the project construction which were not detected during the initial investigation or covered in the initial subsurface soils exploration report by Lincoln DeVore, June, 1989. The placed riprap should not extend more than 2 feet away from the 6- existing slopeline, to prevent encroachment on the river flood flow path. The maximum riprap size will vary between 48 to 72 inches inspection, depending on the actual calculated water velocities expected. The placed riprap is to be hand placed (not dumped), predominanatly angular in shape, and shall be a durable material of either select Granitic or other indigenous igneous rock in the area. Boill J #94 pAGE962 Riprap shape and placement should conform to the requirements of the Corps of Engineers design method. Stabilization of the riprap mass will probably require the placement of a pressure grout in the riprap mass. A sand bedding material will be required between the riprap and the native soil deposits. The riprap will have to be placed in stages, due to the steepness of the slopes and the limited construction area. It is recommended that the project be scheduled so the riprap and building foundation excavations can be accomplished together. The riprap placement should be completed before actual construction of the adjacent building foundations begin. Actual design of the riprap feature can be accomplished when the project characteristics are fully defined. If any further questions arise, please do not hesitate to contact this office. Respectfully submitted, Lincoln DeVore, Inc. 244*Â»u=- -- Edward M. Morris Manager/Geological Engineer Western Slope Branch BOOK 594 PAGE 963 Lincoln DeVore C 1 44 1 Motor Grand Junction. Colo 81501 (303) 242-8368 SUBSURFACE SOILS EXPLORATION COTTONWOOD PARK HOUSING Block 21, East Aspen Townsite Aspen, Colorado Prepared For: Stan A. Mathis, Architects P.O. Box 1984 Aspen, CO 81612 Prepared By: LINCOLN-DeVORE, INC. 1441 Motor Street Grand Junction, CO 81505 June 5, 1989 brings, Coloiodo P 1 1 - &4%.Ft)/ cooK 594 616Â£964 b J.74 li.- 4.....1- 222 126....1 - r:292 -v 1 f ' 9. rk&.4 FC'~:I-*..Vt.Â· AR. 9 Lincoln DeVore,Inc. Geotechnical Consultants 1441 Motor St. , Grand Junction, CO 81505 (303) 242-8968 June 5, 1989 Stan A. Mathis P. 0. Box 1984 Aspen, CO 81612 Re: SUBSURFACE SOILS EXPLORATION COTTONWOOD PARK HOUSING Block 21, East Aspen Townsite Aspen, Colorado Dear Sir: Transmitted herein are the results of a Subsurface Soils Exploration for the proposed Cottonwood Park Housing. If you have any questions after reviewing this report, please feel free to contact this office at any time. This opportunity to provide Geotechnical Engineering Services is sincerely appreciated. Respectfully submitted, LINCOLN-DeVORE, INC. Â£:3254Â¢Â»*Â»~~~- -c.9,0-1=in>"6 l ~ BY: EDWARD M. MORRIS /093.:91 =2Â», WESTERN SLOPE BRANCH MANAGER; : e . " Grand Junction, Office 3 ' 24Â·18 . : \1 - 0 f ev George I.J= Morrls,-_B.'E.:Â·.Â·'Â·t:Â·* a,7 ..g.. '1, : f .1 c r 'U ton-9' EMM/pt 4.C-55> LDTL Job No. 70652-J I- ' ....*. .........Ill ---ill.. .Â·0Â·/V.,4 4.*. WIâ€¢ ......11 ...lilli, woot< 594 249:965 - < , TABLE OF CONTENTS i Eagg MQ-L INTRODUCTION 1 1 Project Description 1 Project Scope 2 FIELD EXPLORATION AND LABORATORY TESTING 3 FINDINGS 4 Site Description 4 General Geology and Subsurface Description 4 j CONCLUSIONS AND RECOMMENDATIONS 8 General Discussion 8 Open Foundation Observation 9 . Site Preparation 9 General 9 i Site Preparation 11 i Structural Fill Soil 12 Fill Placement and Compaction 12 Field Observation and Testing 13 Drainage and Gradient 13 Foundations 15 Settlement Characteristics 16 Slabs 16 Earth Retaining Structures 17 Floodplains 19 Reactive Soils 20 Limitations 20 7 1 BOOK 594 PAGE966 INTRODUCTION i I PROJECT DESCRIPTION This report presents the results of our geotechnical evaluation performed to determine the general subsur- face conditions Of the site applicable to construction of condominium structures and a parking garage. A vicinity map is included in the Appendix of this report. â€¢ TO assist in our exploration, we were provided with site location and proposed building layout diagrams. The Boring Location Plan attached to this report is based on that plan provided to us. We understand that the proposed struct- ures will consist of 2 or 3 story, wood-framed structures with a full basements and concrete floor slab on grade. Lincoln DeVore has not seen a full set of building plans, but structures of this type typically develop wall loads on the order of 1500 plf to 1 2500 plf and column loads on the order of 6 to 40 kips. 1 The characteristics of the subsurface materials encountered were evaluated with regard to the type of construction described above. Recommendations are included here- in to match the described construction to the soil characteris- 1tics found. The information contained herein may or may not be valid for other purposes. If the proposed site use is changed or types of construction proposed, other than noted herein, Lincoln DeVore should be contacted to determine if the information in this report can be used for the new construction without further field evaluations. I ...1.1.1 -*I" t.- iâ€¢â€¢,- --Il . 4 BOOK 594 PAGE967 PROJECT SCOPE The purpose of our exploration was to evaluate the surface and subsurface soil and geologic conditions of the site and, based on the conditions encountered, to provide recommendations pertaining to the geotechnical aspects Of the site development as previously described. The conclusions and recommendations included herein are based on an analysis of the 1 data obtained from our field explorations, laboratory testing program, and on our experience with similiar soil and geologic conditions in the area. This report provides site specific information for the construction of a condominium complex. Included in this report are recommendations regarding general site development and foundation design criteria. The scope of our geotechnical explora- tion consisted of a surface reconnaissance, a geophoto study, subsurface exploration, obtaining representative samples, labora- tory testing, analysis of field and laboratory data, and a review of geologic literature. Specifically, the intent of this study is to: 1. Explore the subsurface conditions to the depth expected to be influenced by the proposed construction. 2. Evaluate by laboratory and field tests the general engineering properties of the various strata which could influence the development. 3. Define the general geology of the site, including likely geologic hazards which could have an effect on site development. 4. Develop geotechnical criteria for site grading and earthwork. - ...4.-1 i.~--Â·â€¢17 & â€¢11.Â·--1 .'......1.1 .:2 .Â·,-4 â€¢,4.6 ...,. .... */. BOOK 594 PAGE 968 5. Identify potential construcion difficulties and pro- vide recommendations concerning these problems. - 6, Recommend anc appropriate foundation system for the anticipated structure and develop criteria for , foundation design. FIELD EXPLORATION AND LABORATORY TESTING A field evaluation was performed on April 25, 1989, and consisted of a site reconnaissance by our geotechnical' personnel and the drilling of exploration borings. 1 Three exploration borings were drilled within the proposed buildings near the locations indicated on the Boring Location Plan. The exploration borings were located to obtain a reasonably good profile of the subsurface soil conditions. All exploration borings were drilled using a CME B-45, truck mounted drill rig with continuous flight auger to depths of approximately 14 to 15 feet. Samples were taken with a standard split spoon sampler and by bulk methods. Logs describing the subsurface conditions are presented in the attached figures. Laboratory tests were performed On 1 representative soil samples to determine their relative engineering properties. Tests were performed in accordance with test methods of the American Society for Testing and Materials or other accepted standards. The results of our laboratory tests j are included in this report. The in-place moisture content and the standard penetration test values are presented on the attached drilling logs. ....... w.....1 --1.I--- 6.â€žf.../ -4196)1 &....4 .. eont< 594 FAGE969 FINDINGS Site Description The project site is located on all of Block 21, East Aspen Townsite, Pitkin County, Colorado. Block 21 is bounded by North Spring Street on the west, Main Street on the south and the Roaring Fork River on the east. Â£ The topography of the site is gently sloping to the west for the majority of the tract. The exact . direction of surface runoff on this site will be controlled by the proposed construction and therefore will be variable. On the east end of the tract, a very steep bank, 13 to 15 feet high, overlooking the Roaring Fork River, is present. The slope gradient along this bank ranges from 30% to 100%. Surface drainage on the tract, as a whole, is fair to good; subsurface drainage is good. i The existing ground surface elevations i range from a low of 7885 to a high of 7910 feet above mean sea level. Elevations are taken from a site plan obtain from Stan ! Mathis, Architects. GENERAL GEOLOGY AND SUBSURFACE DESCRIPTION The geologic materials encountered under | the site consist of alluvial sands and cobbles of the Roaring Fork River Terrace and glacial till, which is somewhat reworked by the Roaring Fork River. The geologic and engineering properties of the materials found in our exploration borings will be discussed in the following sections. BOOK 594 FAGEd /U The soil types encountered during the field exploration have been grouped into 3 soil types, which indicate different stages of deposition and soil reworking by the C Roaring Fork River. Soil Type Numbers 142 are separated due to to a color difference and relative amounts of mica fines, which gives the appearance of different soil types. The major difference between the Engineering characteristics is that Soil Type #1 represents the -3/4" fraction of a cobble deposit and Soil Type.#2 represents the -1" fraction of a gravel and cobble deposit. For the following discussion, both Soil Types 1 6 2 : will be grouped together. This Soil Type is classified as a SP/SM .t of medium grain size under the Unified Classification System. f This soil type is non-plastic and of moderate density. This soil will have virtually no tendency to expand upon the addition of moisture. Settlement will be minimal under the recommended foundation loads. This soil will undergo elastic settlement upon | application of static foundation pressures. Such settlement is characteristically rapid and should be virtually complete by the i end of construction. If the recommended allowable bearing values 1 are not exceeded, and if all other recommendations are followed, differential movement will be within tolerable limits. At shallow foundation depths this soil was found to have an average allowable bearing capacity of 4500 psf. Soil Type #3 represents thin strata which are found throughout the lower portion 8f the soil profile penetrated by the test borings. This soil type was exposed in the bank section, shown on The Test Boring Location Diagram as 41. Â· 800% 594 PIG:971 .1 "Bank Observation, Soils Profile." 1 Thi: 30]1 TYPE 15 classified aa a GP/GM Of coarse grain 1-1..0 under the Uni fied ClaSE: f 1Cation System. : This soil type i S non-D] Eâ€¢Etic and of medium density. This soil i will have virtually no tendency to expart,5 upon the addition of 1 Â·moisture. Settlement will be minimal under the recommended i foundation loads. This Eoil will underao elastic settlement upon application of static foundation pressureE. Buch settlement is t chara.cteristically rapid and should be virtually complete by the end of construction. If the recommended allowable bearing values are not exceeded. and if all other recommendations are followed, differential movement will be within tolerable limits. At shallow foundation depths this soil was found to have an average allowable bearing capacity of 2800 psf. At the depth of Test Boring Refusal and in the "Bank Observation, Soils Profile", a marked cha.nge in the alluvial soils was noted. The coarse portion of the soils is composed of large, angular bouldersÂ·and cobble sized rocks, which contain a matrix very similar to Soil Type Numbers 1 & 2. This zone could not be penetrated by the drilling operation and was observed at the bank bottom, in the "Ban k Observation, Soils Profile". These soils have similar Engineering characteristics to Soil Type Numbers 1 5 2. The boring logs and related information show subsurface conditions at the date and location of this exploration. Soil conditions mav differ et locat/ions other than those of the explot-atory torings. If the structure is moved any appreciable distance fron, the locationE of the borings, the soil A wox 594 PAGE972 conditions may not be the same as those reported here. The passage of time may also result in a change in the soil condi- tions at the boring locations. The lines defining the change between soil types or rock materials on the attached boring logs and soil profiles are determined by interpolation and therefore are approximations. The transition between soil types may be abrupt or may be gradual. No iI E.e water was encountered during drilling on this site. In our opinion the true free water sur- face is fairly deep in this area, and hence, should not affect construction. Seepage moisture may affect construction if sur- face drainage is not properly controlled. It is believed that free water is present between 17 to 25 feet below the existing ground surface. Because of capillary rise, the soil zone 1 within a few feet above the free water level identified in the borings will be quite wet. Pumping and rutting may occur during the excavation process, particularly if the bottom of the founda- tions are near the capillary fringe. Pumping is a temporary, | quick condition caused by vibration of excavating equipment on the site. If pumping occurs, it can often be stopped by removal of the equipment and greater care exercised in the excavation 1 process. In other cases, geotextile fabric layers can be design- ed or cobble sized material can be introduced into the bottom Of the excavation and worked into the soft soils. Such a geotextile or cobble raft is designed to stabilize the bottom of the excava- tion and to provide a firm base for equipment. 8OoK 594 PAGE973 Data presented in this report concerning ground water levels are representative of those levels at the time of our field e:Â·Cloration. Groundwater levels are subject to i change seasonally or by changed environmental conditions. Quanti- A tative information concerning rates of flow into excavations or 4 . pumping capacities necessary to dewater excavations is not inclu- i ded and is beyond the scope of this report. If this information is desired, permeability and field pumping tests will be 1 required. Â· CONCLUSIONS AND RECOMMENDATIONS GENERAL DISCUSSION NO geologic conditions were apparent during our reconnaissance which would preclude the site develop- ment as planned, provided the recommendations contained herein are fully complied with. Based on our investigation to date and the knowledge of the proposed construction, the site condition which would have the greatest effect on the planned development is the steep bank and potential erosion of this bank by the Roaring Fork River. Since the exact magnitude and nature of the foundation loads are not precisely known at the present time, the following recommendations must be somewhat general in nature, Any special loads or unusual design conditions should be reported to Lincoln DeVore so that changes in these recommendations may be made, if necessary. However, based upon our, analysis of the soil conditions and project characteristics previously outlined, the following recommendations are made. W,U.94 6-4 BooK 594 PAGE 974 Open Foundation Observation: Since the recommendations in this report are based on information obtained through random borings, it is possible that the subsurface materials between the boring points could vary. Therefore, prior to placing forms or pouring concrete, an open excavation observation should be performed by representatives of Lincoln DeVore. The purpose of this observe- tion is to determine if the subsurface soils directly below the 1 proposed foundations are similiar to those encountered in our exploration borings. If the materials below the proposed founda- 1 i tions differ from those encountered, or in our opinion, are not capable of supporting the applied loads, additional recommenda- tions could be provided at that time. i 1 SITE PREPARATION General: All earthwork and grading for this site development should be accomplished in accordance with the attach ed earthwork and grading recommendations and Chapter 70 Of the 1 UBC. All special site preparation presented herein will supersede those in the attached Standard Earthwork and Grading Recommendations Section. 1 Since no site grading plan was made . available at the time of writing this report, the extent of site grading and the proposed footing elevations is not known. There- fore, these grading recommendations must, be considered preliminary until Lincoln Devore has had the opportunity to review the site grading plans. .... 34.1 . . I d. BOOK 594 E-13[975 No major difficulties are anticipated in the course of excavating into the surficial soils on the site. It is probable that safety provisions such 93 sloping or bracing the sides of excavations over 4 feet deep will be necessary. Any such safety provisions shall conform to reasonable industry safety practices and to applicable OSHA regulations. We recommend that the amount of cut and fill be kept to a minimum on this site. Specifically, we recom- . mend that any cut or fill which reduces the stability of native slopes be avoided. This includes any cut at the toe of a slope : and any fill placed at the top of a slope. We recommend that any cut or fill over 4 feet in height be analyzed for stability of the final slope prior to construction. The stability of the bank i overlooking the Roaring Fork River must be addressed before construction of the unit numbers 5 through 11 and the Lap Pool. In general, we recommend all structural i fill in the area beneath any proposed structure or roadway be compacted to a minimum of 90% of its maximum modified Proctor dry ; density (ASTM D1557). We recommend that fill be placed and i compacted at approx- imately its optimum moisture content (t/- 2%) as determined by ASTM D 1557. Structural fill should be a granular, non-expansive soil. Allowable slope angle for cuts in the ' native soils is dependent on soil conditions, slope geometry, the moisture content and other factors. Should deep cuts be planned for this site, we recommend that a slope stability analysis be performed when the location and depth of the cut is known. BOOK JJV PAGE 976 Notching the structure into the hillside will create some very steep cut slopes. While such slopes may stand safely for short periods of time, exposure to the elements for any extended period requires that the slope be braced or surface-protected. We recommend that building walls in contact with such cut slopes be designed as retaining walls. The magni- tude of the forces to which the wall will be subjected are noted in the section on lateral stability. We recommend that all backfill placed around the exterior of the building, and in utility trenches which are outside the perimeter of the building and not located beneath roadways or parking lots, be compacted to a minimum of 85% of its maximum Proctor dry density (ASTM D 698). During the placement of any structural fill, it is recommended that a sufficient amount of field tests and observation be performed under the direction of the geo- technical engineer. The geotechnical engineer should determine the amount of observation time and field density tests required to determine substantial conformance with these recommendations. Site Preparation: It is recommended that site prep- aration begin with the removal of all vegetation, existing man- made fill and other deleterious materials. This applies both to areas to be filled and areas to be cut. The removed materials should be legally disposed of off-site or, if appropriate, stock- piled for later use in non-structural areas or landscaping. In the case of existing man-made fill, we recommend that it be BOOK 594 AGE977 removed completely. It is recommended that the exposed native soil be scarified to a depth of 12 inches, brought to near opti- mum moisture conditions and recompacted to a minimum of 90% Of <Â· - maximum dry density as determined by ASTM D 1557. Prior to placing fill, the exposed -9 i ground should be observed by representatives of Lincoln DeVore to - determine that all deleterious material, man-made fill and soft i areas have been adequately removed. The removed material may then 1 be replaced with uniformly compacted lifts of structural fill 1 . until the desired slab or footing elevation is achieved. We recommend that the structural fill be placed within 2% of the optimum moisture content of the material and compacted to a minimum of 90% Of its maximum dry density, ASTM D 1557. Particular note needs to be made of any abandoned foundations, j leach fields, cisterns, sewage tanks and trash pits. Structural Fill Soil: It appears that the majority of the material excavated from cut areas is suitable for reuse as structural fill. Material to be approved shall be free Of deleterious matter and oversized hard rock. We recommend that no predominantly clayey soils or claystones be included in the structural fill. Fill Placement and Compaction: We recommend that structural fill placed beneath floor slabs, foundations and parking lots be compacted to a minimum of 90% of its maximum modified Proctor dry density (ASTM D 1557). The structural fill shall be placed and compacted at a moisture content within +/- 2% Of optimum 1 9 -- :I--. .....* 6......6 -, &-- com< 594 PAGE978 moisture. Field observation and Testing: The opinions and conclusions of a geotechnical report are based on the interpretation of inform- ation obtained by random borings. Therefore the actual site conditions may vary somewhat from those indicated in this report. It is our opinion that field observations by the geotechnical engineer who has prepared this report are critical to the contin- uity of the project. DRAINAGE AND GRADIENT: Adequate site drainage should be provid- ed in the foundation area both during and after construction to prevent the ponding of water and the saturation of the subsurface soils. We recommend that the ground surface around the structure be graded so that surface water will be carried quickly away from the building. The minimum gradient within 10 feet of the building will depend on surface landscaping. We recommend that paved areas maintain a minimum gradient of 2%, and that landscaped areas maintain a minimum gradient of 8%. It is further recommended that roof drain downspouts be carried across all backfilled areas and discharged at least 10 feet away from the structure. Planters, if any, should be so constructed that moisture is not allowed to seep into foundation areas or beneath slabs or pavements. At the higher altitudes at this site, difficulty with freezing of drainage lines at the discharge point is probable. We recommend that this be overcome by discharging into a protected, coarse rock and cobble fill or mound. As an ) BOOK 594 PAGE979 alternative. heat tapes can be used on the discharge point of the pipe. The drain outlet must also be located with due consider- ation given to the proposed pattern of snow removal. It is recommended that the natural I drainage, existing prior to construction, be disturbed as little 1 as possible by final grading. In particular, we recommend that water not be channeled along or across any newly filled areas, as : this may result in accelerated erosion and damage to the fill. To 1 fully minimize erosion, a vegetative cover should be established as soon after grading is complete as possible. To give the building extra lateral sta- bility and to aid in the rapidity of runoff, it is recommended i that all backfill around the building and in utility trenches in , the vicinity of the building be compacted to a minimum of 85% of its maximum Proctor dry density, ASTM D 698. The native soils on this site may be used for such backfill. We recommend that all backfill be compacted using mechanical methods. No water flooding techniques of any type may be used in placement of fill on this site. Should an automatic lawn irrigation system be used on this site, we recommend that the sprinkler heads be installed a minimum of 5 feet from the building. In addition, these heads should be adjusted so that spray from the system does not fall onto the walls of the building and that such water does not excessively wet the backfill soils. The slope areas immediately adjacent to the Roaring Fork River drainage can be considered potentially unstable due to the threat of on-going erosion. A minimum setback should be established between the proposed construction and the 30 r {\ cooK 394 066980 edge of existing slope scarps. we recommend that the setback j distance be established by-laboratory analysis Of the shear strength and stability of specific locations along the banks. In addition, mitigation systems are recommended to control the on- going erosion caused by the river. Such mitigation could include retaining walls, riprap, gabions or other stabilization materials. FOUNDATIONS . We recommend the use of a conventional shallow foundation system consisting of continuous spread foot- ings beneath all bearing walls and isolated spread footings beneath all columns and other points of concentrated load. Such a shallow foundation system, resting on the native alluvial f sands, gravels and cobbles of the Roaring Fork River Terrace, may be designed on the basis of an allÂ·owable bearing capacity of 2800 psf maximum. Contact stresses beneath all continuous walls should be balanced to within + or - 300 psf at all points. Isolated interior column footings should be designed for contact stresses of about 150 psf less than the average used to balance the continuous walls. The criterion for balancing will depend somewhat upon the nature of the structure. Single-story, slab on 1 grade structures may be balanced on the basis of dead load only. Two and three story structures may be balanced on the basis of dead load plus 1/2 live load. Stem walls for a s h,a 1 1 ow foundation system should be designed as grade beams capable of spanning at least 10 feet. These "grade beams" should be horizontally reinforced both near.the top and near the bottom. The horizontal ., '61 4: '., BooK 594 PAGE 981 reinforcement required should be placed continuously around the structure with no gaps or breaks. A foundation system designed in this manner should provide a rather rigid system and, there- fore, be better able to tolerate differential movements assoc- iated with any lenses or thin strata of sands or silts which may underlie the foundation footings. settlement Characteristics: We anticipate that total and/or diffe- rential settlements for the proposed structures may be considered to be within tolerable limits, provided the recommendations pre- sented in this report are fully complied with. In general, we expect total settlements for the proposed structure to be less than 1 inch. We recommend that the bottom Of all foundation components rest a minimum of 4 feet below finished grade or as required by the local building codes. Foundation components must not be placed on frozen soils. SLABS Slabs could be placed directly on the natural soils or on a structural fill. We recommend that all slabs on grade be constructed to act independently of the other structural portions of the building. one method of allowing the slabs to float freely is to use expansion material at the slab- structure interface. It is recommended that sllabs on grade be constructed over a capillary break of approximately 6 inches in thickness. We recommend that the material used to form the capil- ., BOOK 594 PAGE982 lary break be free draining, granular material and not contain significant fines. A free draining outlet is also recommended for this break so that it will not trap water beneath. the slab. A C , vapor barrier is recommended beneath the floor slab and above the capillary break. To prevent difficulty in finishing concrete, a 2 inch sand layer should be placed above the break. If the interior floor slabs are to re- cieve heavy loads due to: a) wheel loads of industrial vehicles such as fork lifts or straddle carriers, b) concentrated static . loads of racks, or c) heavy distributed stacked loads, then the slabs classify as industrial and we recommend they be designed in accordance with methods outlined in the PCA publication, "Slab Thickness Design for Industrial Concrete Floor Slabs on Grade". For design purposes, the modulus of subgrade reaction for this soil may be taken as 100 pci. EARTH RETAINING STRUCTURES , The active soil pressure for the design of earth retaining structures may be based on an equivalent fluid pressure of 28 pounds per cubic foot. The active pressure should be used for retaining structures which are free to move at the top (unrestrained walls). For earth retaining structures which are fixed at the top, such as basement walls, an equivalent fluid pressure of 40 pounds per cubic foot may be used. It should be noted that the above values should be modified to take into account any surcharge loads, sloping backfill or other externally applied forces. The above equivalent fluid pressures should also be modified for the effect of free water, if any. The passive pressure for resistance to 8001 594 PAGE 983 lateral movement may be considered to be 290 pcf per foot of depth. The coefficient of friction for concrete to soil may be , assumed to be .62 for resistance to lateral movement. When combining frictional and passive resistance, the latter must be ! reduced by approximately 1/3. we recommend that the backfill behind 1 any retaining wall be compacted to a minimum of 85% Of its , maximum moddfied Proctor dry density, ASTM D-1557. The backfill material should be approved by the Soils Engineer prior to placing and a sufficient amount of field observation and density tests should be performed during placement. Placing backfill behind retaining walls before the wall has gained sufficient strength to resist the applied lateral earth pressures is nQL recommended. Drainage behind retaining walls is considered critical. If the backfill behind the wall is not well drained, hydrostatic pressures are allowed to build up and lateral earth pressures will be considerably increased. There- fore, we recommend a vertical drain be installed behind any impermeable retaining walls. Because of the difficulty in place- ment Of a gravel drain, we recommend the use of a composite drainage mat similar to Enkadrain or Miradrain. An outfall must be provided for this drain. Special considerations in design and construction of the swimming pool will be neceksary since water leakage from the pool which saturates supporting soils will reduce the stability of the slope above the Roaring Fork River. cooK 594 PAGE 984 It --is recommended that an underdrain system be constructed-de~ /-beneath the swimming pool, This underdrain will consist of a iÂ» layer of clean, coarse gravel or crushed rock approximately 12 inches in thickness. The subgrade beneath this gravel layer should be carefully graded so that no depressions exist and water has direct access to the drain. It is recommended that an impermeable membrane be placed between the gravel layer and the subgrade to prevent moisture from seeping into the subgrade soil. This membrane could be a spray-on asphalt emulsion, a polyethylene film or a bentonite layer. At the lowest point in the underdrain layer, a small lined sump pit is recommended to allow a pump to discharge seepage water to the ground surface. The gravel or crushed rock layer may vary some, but, in general, should meet the following recommendations: Si=ve HQ-L % passing 3" 100 2" 60-90 1 1/2 12-40 #4 0-12 #20 0-8 #100 0-3 FLOODPLAINS The site is partially within the 100- year floodplain of the Roaring Fork River Federal, State, and local regulations will require the finished floor elevation to be at least 1 foot above the 100-year floodplain. Federal regulations require that the construction of a fill not raise the flood water elevation more than 12 inches. A detailed hydrologic study of the area is recommended to determine the effect of construction on the elevation of the 100-year flow water level. Such a study is beyond the scope of this report. . I . 1.$9 ROOK 594 nGÂ£985 REACTIVE SOILS Since groundwater in the area typically i contains sulfates in quantities detrimental to a Type I cement, a ~'Type II cemenE is recommended for all concrete which is in contact with the subsurface soils and bedrock. Calcium chloride ~ should not be added to a Type II cement under any circumstances.~~~---*., N---- l - LIMITATIONS 1 This report is issued with the understanding that it is the responsibility of the owner, or his i representative to ensure that the information and recommendations contained herein are brought to the attention of the architect i and engineer for the project, and are incorporated into the J Plans. In addition, it is his responsibility that the necessary steps are taken to see that the contractor and his sub- contractors carry out these recommendations during construction. The findings of this report are valid as of the present date. 1 However, changes in the conditions of a property can occur with the passage of time, whether they be due to natural processes or the works of man on this or adjacent properties. In addition, changes in acceptable or appropriate standards may occur or may result from legislation or the broadening Of engineering knowledge. Accordingly, the findings of this report may be invalid, wholly or partially, by changes outside our control. i Therefore, this report is subject to review and should not be ' relied upon after a period of 3 years. The recommendations Of this report pertain only to the site investigated and are based on the assumption that the soil conditions do not deviate from 2A ROOK 594 noÂ£986 those described in this report. lf anv variations or undesirable conditions at-e encountered during construction or the proposed construction will differ from that planned on the day Of this report, Lincoln DeVore should be notified so that supplemental recommendations can be grovided, if appropriate. Lincoln DeVore mates no warranty, either expressed or implied, as to the findings, recommendations, specifications or professional advice, except that they were prepared in accordance with generally accepted professional engineering practice in the field of geotechnical engineering. , BOOK 594 0-1Ut U J 1 60 i ... - ... '24/ , r ' .. â‚¬ . ... I / : I -1- ... . '. . I . .- I - / t .O Â· Â· r 0 .. ' -7357 \\* 2 ./ ,â‚¬ 0 I t.. . 04, . 4 '-Â·* , Ple e hÂ·',4* :Â·Â·l . / l! f I - Aj -E / . f . .... 4 ) . . HtvhLU,/,Â·/ F 11/ U . I 3 L.. t L . .... ...,Â·j L/: i. 1 ! 4 4 0 ~4 ''--9.. . tÂ» 1.\ U , . ,; '&.j..~e'ke/, f i 'd I 1 I '3 / ,: A# Â· ,~.50M rp,1 Regr,*LACC, 1 1 ... ' d Tr ?~~ To.~ tr.4991=1 i . - I. X \.9 6/ / ''-f 0 , 0 -:.w.':: 3 , 4 Â£ 1.. 0/ e 11 ,}1 ( ' ' E ' ' 7 â€¢,n Â·i Â·Â· , b; i.â€ž,neÂ· )Â· Â·)~t 4. ... r , . 1 5\ I I er,au , . .24. / . . \/ A . t Nt ' . h .. . I I. --.liN. .p . t h l ,-. \,2 . \ ./4 .- --...... ,, Â·1Â· 1.1&,1, -I ..0 -1 /vi''t. 4.l.j Â·441,1,(.1 <,'MÂ·Â·VÂ·*~ ter .1 I L Ave.VO- 74Â·tÂ·41,3. b 1 > 1 - I - :.0 A 1- 16 U.-9 t . ...... 1 D cole ~ 5 Litr, , ... f A < 1 4 1 i '.( t . . \92-41*$. j 'Ir Z 000 Â·Â·034 8(5,ER\\12 ... 1 f / 1 i J L / all/< Ae . -%. ./1 1 : A * A . 4.li' Ott l -- --- ---- - ------ -- ---1 . /-; cievti p,/5 i../. ) 1 el. 1.. Ilt 25 - /, ' 1 .. -_ , Ll 12122.1-12>-1~~~~ 1 INPErt>lTE Â·* <Â· EC'dRNERY . . ~.1-1 I. Li -1<. 9--I.-~'.... 1 -39 1 i A,t<x- '4> f /~~ ~ .~ ~ ~u..~~-~ ~~~~ Â·~ Â·..<~., ~ ~ 5, I f r 10 - , I i ' , 0 $ i Â· Site Location f))agram POOR COPY -to-â‚¬52-3 LINCOLN COLORADO: COLORADO SPRINGS ---7 0,Van wood Park Hous/n~ ~:~~ DeVORE GRAND JUNCTION , PUEBLO , zo Main 69. Aspen, Colorado 9V ENGINEERS GEOLOGISTS - t conx 594 PAGE 988 SOILS DESCRIPTIONS: ROCK DESCRIPTIONS: SYMBOLS 8 NOTES: 9( Meol w521 955CalpI.121 5â„¢81 offiRIP.JUL l'LEI. 2221'Ilati 9.6.4 6/Pivf ITArr Kâ€¢71 S. w - Topsoil 00:02 CONGLOMERATE Q CD ~Â· ~ 9/12 Standard penetrallon drive Numbers indicole 9 blows to drive - Mon-mode Fill : SANDSTONE the spoon 12' into ground. 0:Ok>..0. O:0:ao: GW Well-groded Grovel 149 SILTSTONE 0:0'.ao --- ~ ST 2- 12' Shelby thinwoll tomple -0-0-0-0 - --- --- ggil GP Poorly-groded Grovel %3Eg SHALE -00&0 ---- XXX Wo Nolurol Moi:lure Content Silly Grovel Xxxl CLAYSTONE / 00 UJX Weathered Material foo / St Cloyey Grovel b/ Frie Well-graded Sand LIMESTONE = U â€¢C'e' Free wctir tobie W 1 COAL ' " ' SP 2*23 DOLOMITE 70Notural dry density 1111 Poorly-gro(jed Sond silly Sand -It- MARLSTONE T.8.-Dislurbed Bulk Sample II, ,~ SC Cloyey Sand 2%2 GYPSUM Â® Soil lype related 10 Bomple3 -- in report ML Low-plosticily Sill -- Other Sedimentory Rocks //'p/; IGWH Arrks 15' lili Top of formci ion CL Low-plasticity Clay 2~12 GRANITIC ROCKS Form. +++ OL Low-plosticity Organic +++++ DIORITIC ROCKS 07251 Boring Location Sill and Clay - 1:.4...Â·\\ . MH High-plasticity Silt 16# 7 GABBRO 2K Test Pil Location ---=L CH High-ploslicity Cloy 22: RHYOLITE - -zk-- Seismic or Resistivity Stotion. Linection indicates approx. 53 OH High- plasticity _0:-2- ANDESITE - Organic Cloy length 8 orientolion 01 5preod 'Ud-6 =FRI (S= Seismic, ReResistivily) 4.U-.lu pt Aol JUKER BASALT -LL./-4- --r.....4-.1-- 4.-b' . 4 4 4 St ondcrd Penetration Drive ore mode GW/GM Well-groded Grovel, 4329 -4 TUFF a ASH FLOWS Silty by driving o standard I 4' split spoon 00 0.00.-1 somple: Into the ground by dropping o 2/ o / smsc Well-graded Gravel, -:IPor BRECCIA 8 Other Volconics 140 lb. weighl 30'.ASTM lesl 0 0/00 Cloyey des. D-1586. . CIOÂ· b 'Ar ~&%%~ GP/GM Poorly- groded Grovel, rt :t CMI,er Igneous Rocks Samples moy be Dulk, slondord split Slltv 8420\ i. ./14.CAPHIC MO(45 spcon I both distu,bed) or 2 -92" I.D. /2 2 0> GP/GC Pocrly-graded Grovel, gi,2-- CNEISS thin woll ("undi51 jrbed") Shelby luba Cloyey 211211-12. samples.Seek>g for type. /6 GM/GC Silty Grovel, ;Â»4 W.', SCHIST a The boring logs show subsurface condilions Cloyey 01 the dates ond locotions shown,and it is frti GC/GM Cloyey Grovel PHYLLITE not warranted thol Iheyore representative Silly ond lime5. of subsurface conditions al other locations 49.6 ~.Â·3- SW/SM Well-graded Sond, ~ SLATE Silty faÂ·:9 SW/SC .Wall-groded Sond, .AL:/\5.. METAQUARTZITE Cloyey - -212- SP/SM Poorly-graded Sand, 0-2-2- MARBLE Silly 000 7777 ~~| , SB/SC Poorly -..graded Sand, HORNFELS Cloyey 41 1 .,f 11. SM/SC Silty Sand, Cloyey SERPENTINE 1 1 >, - ~ Other Metamorphic Rocks /1.- , SC/SM Cloyey Sand, Sil'y LL,k_ 10 LINCOLN ~COLORADO C.0,000 Sp,ingl. Pu,blo. EXPLANATION OF BOREHOLE- 1 nec / , CL/ML Sil:y Cloy DevOFE ObtrwoÂ©d Sc,IN k Montrole. G,nn,irwl 1 - TfiT,3 14421,\ ROOK 594 PAGE989 Z BORING NO, / O LU 0 ELEVATION: Z Il -1 - 9 i c UJ ' DESCRIPTION m E doc L Vâ‚¬'7 RockY - 63 106(5 Cl""p/ 60ufc/ecs -40~ - 46 5 - bvftqct Soils k.we. beR reworked, 6,0/r ur ct 'All los - 6066Ies gre- har n<.5't-WJ - 6-ra.,<13 - ovT r.12<1~uÂ« J 4-~iti - 1.79 r- 4 - .rh> 6 719 hÂ·toist 696 - Grd.25 .41 silt-Y 5441 f,hes wAÂ·-A ca66/â‚¬5 _ Â»1 Fect- - Si fr, -Fc'HA 9& es - 065 - _ 690 Hole. caveN a.lowr 3 -fttr 1 1 1 T 0- /05 -1 co 61/,5 q rt MaT h esÂ¥'d~ No CoNEs,04 - 1.676 Ill - acc _ Si47 507",1 /â‚¬415.25 - 5 U,17-fy MOET 70 h, 0 i-57 _ el l - + 40 -(3) t.. 0â€¢rr Ve.fy P{ FactoÂ«5 TIL ir-- 33- 1 Hole 6,yest LAer - 4-4 5 ' _ EthiTik Prlit Riâ‚¬tu.jâ€¢,l Aft,J re'* dek45-Ff-7 - - A f Few-2-=.- ST=e Phortde -To bout J'r.s -1 - Rocks,-Cokbles-goose 6-tu-ls coÂ«, Yir,Â»lanly - Quar-7-T H 0Ay=ni~rt /1,2 Po rj,kâ€¢g - - - - - 140 Prte VATer nart,| PA 10/e - 4 -2-5.-98 - - - - - - i-% - - - LOG OF SUBSURFACE EXPLORATION - LINCOLN COLORADO:COLORADO SPRINGS, IL) DeVORE GRAND JUNCTION , PUEBLO , DATE 4-15-89 EMGINEERSÂ· GLENWOOD SPRINGS - GEOLOGISTS JOB NO. 70651-5 , DEPTH IFTI ~SYMBOL SAMP E 3HfllSiOW I'/Â·I1N31NOO I1VH13N3d 13051 111SN30 ' . cook 594 p,19:990 Z LL BORING NO. 2 0 U.1 0 - 0 C LLI ELEVATION: WZ - M FAS D~ D k- E M Z U) (0 Z - - DESCRIPTION t' tw R g 2 KE#DKKED 014 50 R.FACE - Nor FILL 65 2 -2 8 5 - VERY RockY - FIED,UH Pat.&47 tit - O C.C- S ] cr 1 SAND L.=.M 5 Es - VN i N bc 0 300.- r - S - C Zk- SnrY SAND FIN 23 - acc- Hitio,- CLAYS 1.5% -SOO - gra,0 904 4,0 1 6 le 5 72< c# - nl ilq. CD d 3 -63 0 - 1 K crio,i k, y r.44 1 -F 111 - acc- 5/crY SAND LENS E,5 S 1 6 e/Y Noi, T 10 M o rel .. 5 6 -360.- - )Â°-ifil Role Caped 7' - 3.17 'Cl - - 131 -5 occassicÂ·,J Ro cK.5 - .5/LTY SAN DS - VaRY Mic,Acnes 111 - - 9 0 3 Mhor c.}473 - V'trY |ov p /4342 - me<Nu., J #*t, Tty -CA ,3 4 - -Cbo No Cotte foN CoBBLEJ AND BOOLDBRs - GrÂ·ovÂ«.5 - odoT 1.61 15- O 2 0 _1- tleo)((14M J N152+7 - her heSTEÂ©l hÂ·1067 - - - R 01. 6. ve.J 11 -Ae .1 hfc. c â‚¬040 + 6, es - - - - i- No PAES WATPR. 1 N HokE - 4 - A 5.- 8 9 - - - - - - - - - - LOG OF SUBSURFACE EXPLORATION - LINCOLN COLORADO:COLORADO SPRINGS, ~~DeVORE GRAND JUNCTION , PUEDLO , DATE 4-25.-89 ENGINEERSÂ· GLENWOOD SPRINGS JOB NO. 7065-1- y - GE OLOGISTS ..2 2.2.U .e.-U , DEPTH IFTI SYMBOL 'SAMPLE IÂ·tÂ·I1N31NOO 1 #(1,1 ROOK J J'* PAGE ~ <~~ . I Z LL BORING NO. 3 O Ill 0 O 0. LU tz - m ELEVATION: PI= ape 1 8 9 C u~ 0 Z U) 09 z - LU LU 1 LU O DESCRIPTION .CE g O a 3 GRA33 - til-Ack. 3,Lry CLAY - 60(8 7- i d Â£ - 23 - Â£66/85- 374 5..nd fil, e.r- "1200Unt do rly, rr -65 _ plikdy ClfÂ«Ys - Blf<4 - moisT- Tt, Vtry Morit 1 1 11 ~4 ~ -- IMcre.4961 62/Y 30.-45 - hâ€¢ o r t. h' [-Ct - M 0 EST 3.170 . 2 1.? -3-11 r- 11' EL 4 27 3 '. 0 C _ _1_,~4.~Flk, dth/t, - Alo Coke 52-011 - 410,37- - : 505 5-)77 541"J #131Â£-5 Ah-/ grwe{.5 ; 711 LeRS* 4- 5;-inr 5-144 - MtirleÂ·r 61473 - I ~ ~ ~ - ~ e ,>4 -,Â£..., Ai 5 13- r Iurcar/hy /9,-64 - 4-9 1 /0- lili No 442570,1 - Holt cavt.2 5-14â‚¬1 - 236 I INcy,41,47 646125 - Possib 4 Bdulaftrs 4-.07. -2 53 - - Flec) Cu.4 J te j 747 - 15/2 I - - - - - * - - - - 40 ER-2 E WATEA |4 Hou - - - 1 4 -2-6--89 - - i - - - - - - LOG OF SUBSURFACE EXPLORATION ~~LINCOLN COLORADO:COLORADO SPRIHGS, DeVORE GRAND JUNCTION , PUEBLO , DATE 4 -,U-- F.9 ENGINEERSÂ· GLEHWOOD SPRINGS JOB 140. 7065*1-3- - GEOLOGISTS 1 DEPTH IFTI ~ SYMBOL ~ 'SAMPLE I'.Â·I1N31NOO ROOK 594 msÂ£992 - Soll Sample JP/6/4 Poorly Graded Sano/0 5,91> Test No. 70652 Project Cotter,wo od Pa r K H ous ing Date 5 -/0Â·89 1 Sample Location 2 e /4' Test by 9.0 3 C GRAVEL SAND SILT TO CLAY i Coarse Fine CO. Medi uln Fine Nonplastic to Plastic 1 100 90 1 80 70. 4 C *-- 60 50 - 40 . 30 20 10 1 - --- 0 - Â· - 160 1 1 PF 1 1 ]11 1 1 f U I . 01 .001 D fame~.or- (npl 112" %"14,?b" 44 *10 420 #Â·10 til.00 #200 - Sieve No. Sieve Size % Passing Sample No. 1 1/2 " Specific Gravity 1 11 3/4" 100,0 Moisture Content 2.6% 1/2" 83.4 3/8" 8 4.4- Effective Size 4 7/04 10 55.2. CU 43.33 33.7 20 40 17.3 CC /.48 100 /6.6 11.4- 200 Fineness Modulus 0200 TO* 2. 433' L.L._ALLÂ¢ P.1.--92-% BEARING psf Sulfates Ppm 1 LINCOLN COLORADO: COLORADO SPRINGS --IJ- GRAIN SIZE ANALYSIS ~~~ DeVOR E GRAND JUNCTION , PUEBLO , ENGINEERS GLENWOOD SPRINGS . GEOLOGISTS PERCENT FINER BY WEIGHT D ROOK <05 ,p-(30,1 . a liu R tutuuu Soil Sample SM-- 3/./4 304Â£/5 Test No. 70652 Project Canon wood ParK Housing Date 5-/0 -89 Sample Location 7-5 4 30 4' Test by D.0.6 GRAVEL SAND SILT TO CLAY Coarse Fine CO. Med luin Fine Nonplastic to Plastic 100 90 80 70 - - - -_ - < 60Â·-Â·---- ,-b 50 40Â· \ 30 20 1 10 --- 0 100 1 Il f.0 1 ]11 1 Djameker- (49 1 .01 .001 114" %"14,~{3" #4 #10 420 #40 #100 #200 - Sieve No. Sieve Size % Passing Sample No. 2 1 1/2 " Specific Gravity 1" /00.0 3/4- 85.8 Moisture Content 3.17. 1/2" 70.2- 3/8" 65.1 Effective Size 4 56.9 10 ' 46.0 Cul. 10.0 20 34.0 40 23.8 CC 1.0 100 . /61 4 200 12.1 Fineness Modulus 0200 L.L. -% P.1. - -% BEARING Psf Sulfates ppm LINCOLN COLORADO: COLORADO SPRINGS GRAIN SIZE ANALYSIS ~DeVORE GRAND JUNCTION , PUEOLO , Ealy ENGINEERS GLENWOOD SPRINGS - 1 GEOLOGISTS - PERCENT FINER BY WEIGHT BOOK 594 PAGE 994 I . Soil sample GP/G/vt poD,-ty GroJ: d G,oves; Silly Test No. 70652. Project Gotten wood pork Hous:ng Date 5-30Â·88 Sample Location 7/3 */ 9 /3-' Test by 42 0 3. GRAVEL SILT TO CLAY 2-21 r. .. Coarse Fine CO. Me<: i J n Fine Nonplastic to Plastic 100 jill 1 : r-1-1 1 4 ~ --* ~--- --- Â·! 80 - 1 1:1' 1 70 -- -- --T- - 11. :1 . ! 11.1 1 1 11 .,1, , 1 i 60 rl.! 1 -- - 7 Al' ; i 4--1--- --- ~-- 4--- - _ 1 1, 1 50 1 1 'Qll j 40, 1 3 Mil ;111 30 1 11 : i i' 1 20 .41 1 1 11 1 10 'i' ;i I iii 1 1 o ~ 0-- - --lilli 1 l- 1--=--~ n i, i ; 100 1 1! f.0 1 111 1 , 1 9-1 .01 . 0-01 Dlame;-er- imp) 114" ?4'112Â·~3" 44 #10 420 440 +100 #200 - Sieve No. Sieve Size % Passing Sample No. 3 r /Do. 0 1 1/2 " 758 Specific Gravity 1" 79.8 3/4- 741 Moisture Content 4.47 1/2 " 65.1 3/8" 58.+ Effective Size 4 43.0 10 36.0 CU 183.33 20 22.1 40 16/3 CC 291 100 13.1 200 )1.1 Fineness Modulus T80{e413' 0200 L.L./3,4 f n i L_.% BEAR ING pef Sulfates ' Ppm LINCOLN COLORADO: COLORADO SPRINGS GRAIN SIZE ANALYSIS ~1 DeVO RE GRAND JUNCTION , PUEBLO , GV ENGINEERS GLENWOOD SPRINGS GEOLOGISTS 1,1 i N ME 594 2,1Sf995 EXHIBIT C OCCUPANCY DEED RESTRICTION AND AGREEMENT CARETAKER EMPLOYEE DWELLING UNIT THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Agreement") is made and entered into this day of June, 1989, by and between John A. Elmore II and Lionel Yow (hereinafter referred to as "Owner") and the Aspen/Pitkin County Housing Authority, a Colorado corporation (hereinafter referred to as the "Authority") organized pursuant to the Colorado County Housing Authority laws, as set forth in C.R.S. Section 29-4-501, et. seq. and the City Council of Aspen. WITNESSETH: WHEREAS, Owner owns real property more specifically described on Exhibit A attached hereto and incorporated herein (the "Real Property") . For purposes of this Agreement, the Real Property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the " Property ") ; and WHEREAS, the Property shall contain twelve (12) free- market dwelling units, five (5) accessory caretaker units and three (3) affordable resident dwelling units, two of which will be one- bedroom units, and one Of which Will be a two-bedroom unit (collectively, these three units shall be known as the "Affordable Residential Units"); and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the Use and Occupancy of the Affordable Residential Units to residents and their families who are either employed by the Owner or who are residents of Pitkin County and fall within the Housing Authority rental/sale price and resident qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the sum Of Ten ($10.00) Dollars and other good and valuable consideration, paid to the Authority by the Owner, the receipt and sufficiency of which is hereby acknowledged, it is agreed by the parties hereto as follows: 1) The Owner hereby covenants that the Affordable Residential Units described above shall at all times be limited to housing for qualified employees of the Owner or for those individuals who are employed in Pitkin County and who meet the definition Of "qualified low-income residents" in accordance with guidelines established by the Housing Authority of the City of Aspen and Pitkin County or a successor thereto. The Owner of the Affordable Residential Units shall have the right to lease the units to a qualified employee ' of the Owner's selection. Such individual may be an employee of the Owner, or employed as a resident caretaker, provided such person fulfills the requirements of a qualified low-income resident. h 594 pisi996 2) Written verification of employment of person(s) proposed to reside in the Affordable Resident Units shall be completed and filed with the Housing Authority Office by the Owner of the unit prior to occupancy thereof, and must be acceptable to the Housing Authority. If the Owner does not rent the employee unit to a qualified low income resident, the unit shall be made available for occupancy in accordance with the Housing Authority Guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not be unreasonably delayed or withheld. 3) The one-bedroom Affordable Residential Units are limited to occupancy by not more than two adults and related children. Resident adults must qualify as, and have been found by the Housing Authority to be, residents of the community as referred to above. 4) Lease agreements executed for occupancy of the Affordable Residential Units shall provide for a rental term of not less than six consecutive months. 5) Should the Owner determine that the Affordable Residential Units will be offered for sale, the sales will be made in accordance with the Housing Authority Guidelines in affect at the time of the sale. 6) These covenants shall be deemed to run with the land as a burden thereof for the benefit of, and shall be specifically enforceable by, the Board of County Commissioners of Pitkin County, the Housing Authority of the City of Aspen and Pitkin County, and the City of Aspen, their respective successors as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non- complying tenants during the period of the life of the last surviving member of the presently existing Board of County Commissioners of Pitkin County, Colorado, plus twenty-one years, or for a period of fifty years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: NAME: Mailing Address: Roni< 594 ru997 STATE OF ) ) SS. COUNTY OF ) c The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and official seal. My commission expires: ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by The Aspen/Pitkin County Housing Authority. HOUSING AUTHORITY OF THE CITY OF ASPEN AND PITKIN COUNTY, COLORADO BY: Mailing Adress: 130 South Galena Street Aspen, Colorado 81611 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and official seal. My commission expires: Notary Public c:\jeh\re\occ89.fm 3 3(,0 BOOK OJEE RAGED,0 EXHIBIT A A parcel of land situated in the SEN SWN of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, East Aspen Additional Townsite, Pitkin County, Colorado, more fully described as follows. Beginning at the N.W. Corner of Block 21, East Aspen Additional Townsite; Thence S 75'09'11" E 150.00 feet along the North line of said Block 21; Thence departing said line S 59Â°18'00" E 56.37 feet; Thence S 50Â°14'11" E 118.032 feet; Thence S 52Â°57'39" W 47.02 feet; Thence S 49'58'47" W 21.71 feet to a point on the East line of said Block 21; Thence S 14Â°50,'49" W 100.00 feet along this East line of said Block 21 to the Southeast corner of said Block 21; Thence N 75Â°09/11" W 2.31 feet along the South line of said Block 21; Thence 62.88 feet along a curve to the right having a radius of 868.51 feet (the chord of which bears S 10Â°18'25" E 62.87 feet); Thence 145.72 feet along a curve to the left having a radius of 176.18 feet (the chord of which bears N 51'27'27" W 141.60 feet); Thence N 75Â°09'11" W 164.75 feet along the South line of said Block 21 to the Southwest corner of said Block 21; Thence N 14Â°50'49" E 220.00 feet along the West line of said Block 21 to the point of beginning.