HomeMy WebLinkAboutLand Use Case.Urschel Tract D.A014-00 CASE NUMBER A014-00
PARCEL ID # 2735-142-00002
CASE NAME Urschel tract D Subdivision/Final Plat and PUD Review
PROJECT ADDRESS
PLANNER James Lindt
CASE TYPE County Referral
OWNER/APPLICANT Jack Guenther
REPRESENTATIVE Vann Accosiates
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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'E'jUrschel tract D Subdivision/Final Plat and PUD Review James Lindt
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MEMORANDUM
TO: Suzanne Wolff, County Planner
FROM: James Lindt, City Planning Technicians.
THRU: Joyce Oh!son, Deputy DirectotQ
RE: Urschel Tract D Subdivision Detailed Submission/Final Plat and PUD
Review
DATE: February 14, 2000
The City Planning Staff reviewed the Urschel Tract D Subdivision application and
had the following concerns:
1. Staff recommends that the County require that the applicant put
erosion control measures in place because of the steep grades on
the parcels in question.
2. Staff recommends that the County require erosion control fences
on the downslope portion of the parcels during construction so that
the building envelopes are the only portion of the property being
effected by the construction traffic and/or equipment.
Thank you for the opportunity to provide comment on this County application.
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX(970) 920-5439
MEMORANDUM
TO: Attorney
Zoning
Engineer
Env. Health
CSFS
City of Aspen
Castle/Maroon Caucus
FROM: Suzanne Wolff, Community Development Department
RE: Urschel Tract D Subdivision Detailed Submission/Final Plat and PUD Review
PID#2735-142-00-002
P08-00
Flat Fee
DATE: January 31, 2000
Attached for your review and comments are materials for an application by Jack Guenther, Trustee.
This application will be reviewed by the Pitkin County Planning & Zoning on May 5,2000.
Please return your comments to me no later than March 24,2000.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT
IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
VANN ASSOCIATES, LLC
Planning Consultants
January 18, 2000
HAND DELIVERED
Ms. Suzanne Wolff
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Urschel Tract "D" Detailed Submission/Final Plat Application
Dear Suzanne: -
Please consider this letter an application for detailed submission and final plat approval
for the Urschel Tract "D" property (see Exhibit 1, Pre-Application Conference Summary,
attached hereto).
The application is submitted pursuant to Sections 3-7, 6-4 and 6-5 of Title II of the 1979
Pitkin County Code by Jack Guenther, Trustee, Under the Will of Charles F. Urschel,
Jr., the record owner of the property and project Applicant (see Exhibit 2, Title Insurance
Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent
the Applicant is attached as Exhibit 3. An executed application fee agreement and a list
of adjacent property owners are attached as Exhibits 4 and 5, respectively.
Background
The Urschel Tract "D" property received general submission approval from the Board of
County Commissioners (BOCC) on August 2, 1994 (see Exhibit 6, BOCC Resolution No.
94-128). More specifically, the BOCC approved the subdivision of the property into five
single-family lots, granted 1041 hazard review approval for the subdivision's proposed
building envelopes, approved a caretaker dwelling unit for each lot, exempted the
subdivision from the County's Growth Management Quota System, and granted statutory
vested rights which do not expire. Tract "D" was also rezoned concurrent with general
submission approval to the AF-2, Agricultural and Forestry, zone district (see Exhibit 7,
BOCC Ordinance No. 94-24). This zone district classification was subsequently renamed
AFR-2, Agricultural/Forestry/Residential, in connection with the adoption of the 1994
Pitkin County Land Use Code.
It should be noted that general submission approval and the rezoning were granted to the
Urschel Tract "D" property under somewhat unusual circumstances. As both the BOCC
Asoe- Cc Grano 81611 • 970!925-6958 • Far 970!920-9310
Ms. Suzanne Wolff
January 18, 2000
Page 2
resolution and ordinance indicate, the Tract "D" application was considered collectively
along with the Applicant's Urschel Tract "C" and Richmond Hill property applications.
While these two properties were also proposed for development, the Applicant agreed to
limit the development of both parcels in connection with the approvals which were
granted with respect to Tract "D". The Richmond Hill property, which contains approxi-
mately 120 acres, will be deed restricted against further development to preserve the
"rural and remote" character of the area; the only allowed use on the property is a fifteen
hundred square foot cabin. Tract "C" will be deed restricted against further development
to address the County's concern with respect to rockfall hazards which exist above the
property on adjacent Forest Service lands.
As the attached Pre-Application Conference Summary indicates, the Applicant's detailed
subdivision/final plat application is to be processed pursuant to the County's land use
regulations in effect at the time of general submission approval. This requirement is
stipulated in various conditions contained in BOCC Resolution No. 94-128, and is further
mandated by the requirements of BOCC Resolution No. 94-68, which pertains to the
processing of so-called "pipeline" applications. The applicable regulations are contained
in the 1979 Land Use Code and all amendments thereto up to and including Ordinance
94-16, the last land use related ordinance adopted prior to the Applicant's receipt of
general submission approval.
The application is exempt from the current six month moratorium prohibiting the
acceptance and processing of development applications for subdivision and/or planned unit
development approval which was adopted by the County on January 10, 2000. Properties
which have received conceptual approval, and approvals whose vested rights have not
expired, are specifically exempt from the moratorium. As discussed previously, perma-
nent vested rights were granted to the Applicant's project concurrent with general submis-
sion approval.
Detailed Submission/Final Plat Application Content
The Applicant's detailed submission/final plat application consists of the approved
conceptual site development plan, a final subdivision plat (3 sheets), a roadway plan and
profile, a utilities plan, miscellaneous road and utility details, a subdivision/PUD improve-
ments agreement, and the subdivision/PUD's protective covenants. The conceptual site
development plan, the final plat, the roadway plan and profile, and the miscellaneous road
and utility details are full size and accompany this application. The subdivision/PUD
improvements agreement and the protective covenants are attached hereto as Exhibit 8 and
9, respectively. These documents and plans address both the applicable submission
requirements of the 1979 Land Use Code and the BOCC's conditions of general submis-
sion approval.
Ms. Suzanne Wolff
January 18, 2000
Page 3
Project Revisions
While the accompanying final plat substantially conforms to the Applicant's general
submission approval, there are several changes in the design of the subdivision/PUD
which should be noted. As the plat illustrates, the common access road has been
realigned to reflect actual site conditions and required revisions to the proposed building
envelopes. The proposed lot lines have also been adjusted where necessary to accommo-
date the revised envelopes. While illustrative topographic information was depicted on
the Applicant's conceptual site development plan, detailed topography was not available at
the time of general submission approval. The area of the property to be developed,
however, has since been field surveyed and more accurate topography has been generated.
Upon field staking of the approved access road and building envelopes, it became
apparent that the envelopes were too close to the edge of the adjacent Maroon Creek
canyon. In addition, the envelopes encroached upon numerous mature evergreens which
border the canyon edge. To address these issues, the building envelopes have been
adjusted to provide an adequate setback from the canyon edge and to preserve the existing
evergreens. The setback will provide defensible space for wildfire mitigation purposes
while the preservation of the trees will help minimize the project's visual impact when
viewed from Maroon Creek Road.
The relocation of the envelopes required that the common access road be moved further
upslope. Schmueser Gordon Meyer, the project's civil engineer, was able to realign the
road without encroaching upon the steep hillside which occupies the western portion of
the property. As the attached Engineering Report indicates (see Exhibit 10), the revised
road plan and profile complies with the County's "Country Access" standards with the
exception of the minimum radius requirement. Please note, however, that the project's
original circular emergency vehicle turnaround has been replaced with a hammerhead
style configuration. The relocation of the access road effectively precludes the retention
of the original turnaround configuration.
The relocation of the access road has also resulted in a slightly different road alignment
across Lot 1 of the Maroon Creek Subdivision. As the accompanying final plat indicates,
an access easement was reserved across Lot 1 in connection with the approval of the
Maroon Creek Subdivision. While the original easement is generally adequate to
accommodate the Applicant's access road, minor adjustments to the easement's alignment
will be required. The Applicant is presently negotiating a revised easement with the
owner of Lot 1 which is to be memorialized in an easement amendment agreement to be
recorded with the project's final plat.
With the exception of the above revisions, the final plat is consistent with the conceptual
site development plan. The lots, building envelopes and setbacks are essentially identical
in size to those approved at general submission. No further revisions to the approved
Ms. Suzanne Wolff
January 18, 2000
Page 4
plan are either required or proposed by the Applicant. The project, however, will
henceforth be referred to as the Skyview Subdivision/PUD.
Planned Unit Development
While the conceptual site development plan contains no dimensions, the various building
envelope setbacks depicted thereon are inconsistent with the minimum setback require-
ments of the underlying AFR-2 zone district. The applicable setback requirements are
fifty (50) feet for front yards (i.e., the access side of the lot) and thirty (30) feet for side
and rear yards. Given the obvious nature of the inconsistency, it is reasonable to assume
that variances from the applicable setback requirements were contemplated. No specific
references to this issue, however, are contained in either the Applicant's general submis-
sion application or the BOCC's general submission approval resolution.
To address this issue, the Applicant proposes to officially vary the setback requirements
pursuant to Section 3-170-040.A. of the County's planned unit development recommenda-
tions. The specific setbacks to be varied are the front yard requirements for Lots 1
through 5 and the rear yards for Lots 1 through 4. The proposed front and rear yard
setbacks are twenty (20) feet as opposed to fifty (50) feet and thirty (30) feet, respective-
ly. All other setbacks have been designed to comply with the applicable requirements of
the AFR-2 zone district.
General Submission Conditions
The Applicant's general submission application was approved subject to a number of
conditions and stipulations (see Exhibit 6, BOCC Resolution No. 94-128). The majority
of the conditions pertain to the subdivision and development of the Urschel Tract "D"
property. The remaining conditions address the specifics of the deed restrictions to be
imposed on the Urschel Tract "C" and Richmond Hill properties which were agreed to in
connection with the development approval for Tract "D". While conditions were also
attached to the rezoning of Tract "D" (see Exhibit 7, BOCC Ordinance No. 94-24), they
are identical to the conditions of general submission approval. The various conditions,
and the detailed submission/final plat application's compliance therewith, are summarized
below.
1. Urschel Tract "D"
a) "Except as specifically provided herein, development of the five (5)
single-family residential lots approved on Urschel Tract D shall be subject to all
generally applicable County regulations, such as the Pitkin County Building Code;
and"
This condition does not require a response by the Applicant.
Ms. Suzanne Wolff
January 18, 2000
Page 5
b) "The five (5) single-family residential lots approved on Urschel Tract D
shall be limited to a maximum floor area of 48,000 square feet to be allocated among
the lots by the Applicant; however, no single dwelling unit may exceed a floor area of
15,000 square feet as defined by the current Pitkin County Land Use Code; and"
This condition is memorialized in Article III, paragraph lb. of the Skyview
Subdivision/PUD's protective covenants. Please note that the applicable floor area regula-
tions are attached to the covenants as Exhibit A.
c) "The five (5) single-family residential lots approved on Urschel Tract D
shall each be permitted a caretaker unit as defined by the current Pitkin County
Land Use Code; however, if a caretaker unit is constructed, the caretaker unit shall
be counted in the maximum floor area as set forth in paragraph 1(b) above; and"
This condition is memorialized in Article III, paragraph 4 of the protective
covenants.
d) "The Applicant shall first pursue connection to the City of Aspen water
distribution system prior to detailed submission. If water is unavailable from the
City in the opinion of the Applicant, adequate evidence of a private water supply to
serve the five (5) single-family residential lots shall be submitted at detailed submis-
sion; and"
The Applicant's "Request for Consideration of Water Service Extension Outside
City Limits" was considered by the Aspen City Council on September 27, 1999, at which
time the City declined to provide service to the project. While I did not attend the
Council meeting, it is my understanding that the primary reason for denial was the limited
availability of water and the City's desire to reserve the remaining supply for higher
priority uses such as affordable housing. As water service is presently not available from
the City, the Applicant proposes to construct a private distribution system to be supplied
by a minimum of two on-site wells. The physical components of the water system are
discussed in detail in Schmueser Gordon Meyer's Engineering Report (see Exhibit 10) and
depicted on the accompanying utilities plan.
The legal basis for the project's water supply is outlined in a letter from Kevin L.
Patrick, Esq. of Patrick & Stowell, P.C. which is attached hereto as Exhibit 11. As an
augmentation plan is required, approval of the State Water Court will be obtained prior to
recordation of the final plat and related documents.
e) "The Applicant shall first pursue connection to the Aspen Consolidated
Sanitation District's central collection system prior to detailed submission. If sewer
service is unavailable from the District in the opinion of the Applicant, adequate
information regarding on-site septic systems to serve the five (5) single-family
Ms. Suzanne Wolff
January 18, 2000
Page 6
residential lots shall be submitted at detailed submission. Septic system permits shall
also be obtained from the Environmental Health Department; and"
As the attached letters from the Aspen Consolidated Sanitation District (ACSD)
indicates (see Exhibit 12), the Urschel Tract "D" property has been included within the
District's boundaries. The Applicant's petition for inclusion was accepted by the ACSD
on September 7 and approved by the District Court on January 4, 2000. Based on
Schmueser Gordon Meyer's discussions with the ACSD, sewer service is available and
will be provided by the District.
f) "A culvert shall be installed over the Willow Creek Ditch along the
entire length of Urschel Tract D; and"
The Applicant objects to this condition as he does not own the Willow Creek
Ditch structure and, therefore, has no legal ability to culvert the ditch. It is also the
Applicant's position that culverting of the ditch is unnecessary, and that the cost of any
such culverting should be borne by the ditch owner.
g) "The Applicant shall make a total cash in lieu payment for employee
housing to the Aspen/Pitkin County Housing Authority in the amount of $138,000
which shall be payable in two installments of $69,000 each. The first $69,000
installment shall be made at the time of the issuance of the first building permit for a
dwelling unit, and the second and last $69,000 installment shall be made at the time
of the issuance of the second building permit for a dwelling unit; and"
This condition is memorialized in Article III, paragraph 10 of the protective
covenants.
h) "The Applicant commits to provide reasonable mitigation for any
increase in PM-10 attributable to the development of Urschel Tract D which is
incrementally greater than the PM-10 attributable to the development proposed on
Tract C and Richmond Hill. Documentation of PM-10 generation and any necessary
mitigation measures shall be proposed at detailed submission; and"
Two new dwelling units were originally proposed by the Applicant on Tract "C"
while five dwelling units were proposed on Richmond Hill. As only five dwelling units
are proposed on Tract "D", the PM-10 generation which would be attributed to the
development of Tract "C" and Richmond Hill is greater than that attributable to Tract
"D". No PM-10 mitigation, therefore, is required pursuant to this condition.
i) "All exterior lighting shall comply with the standards identified in the
Pitkin County Land Use Code at the time of building permit application; and"
Ms. Suzanne Wolff
January 18, 2000
Page 7
This condition is memorialized in Article III, paragraph 11 of the protective
covenants.
j) "All utilities shall be extended underground. Commitment to serve
letters from all utility providers shall be provided at detailed submission; and"
The requirement that all utilities be installed underground is memorialized in
Article III, paragraphs 5.a. and b. of the protective covenants. Commitment to serve
letters from Holy Cross Energy (electric service), KN Energy (natural gas service), US
West Communications (telephone service) and TCI (cable TV service) are attached as
Exhibit 13. As discussed previously, applications for water and sewer service have been
submitted to the City of Aspen and the ACSD, respectively, for review and approval.
k) "The proposed roadway extension serving Urschel Tract D shall meet
County roadway standards; and"
As discussed in the Schmueser Gordon Meyer's Engineering Report (see Exhibit
10), the project's common access road has been designed to comply with the Country
Access Roadway standards of the Pitkin County Road Management and Maintenance
Plan. The resulting road design complies with all applicable standards with the exception
of minimum radius. A radius of 105 feet has been utilized as opposed to 115 feet to
minimize cut and fill and associated disturbance of existing natural vegetation. No
adverse effect on vehicular circulation, however, is expected to occur due to the reduced
road radius.
1) "The Applicant shall provide a grading and drainage plan at detailed
submission. This plan shall describe all measures for minimizing erosion both during
and after construction. This plan shall require approval by the County Engineer;
and"
Grading and drainage for the common access road is depicted on the Roadway
Plan and Profile which accompanies this application. Individual site specific grading,
drainage and erosion control plans will be submitted for Lots 1 through 5 prior to
issuance of building permits (see Article III, paragraph 8 of the protective covenants).
The project's drainage requirements are discussed in Schmueser Gordon Meyer's Engi-
neering Report (see Exhibit 10) and detailed drainage calculations for the property are
attached thereto.
m) "At detailed submission, the Applicant shall provide a landscape plan,
which demonstrates mitigation of visual impacts from Highway 82 and Maroon Creek
Road as set forth in the Urschel Tract D application; and"
Ms. Suzanne Wolff
January 18, 2000
Page 8
Individual landscape plans will be submitted for Lots 1 through 5 prior to issuance
of building permits (see Article III, paragraph 12 of the protective covenants). The
detailed site-specific planning and careful relocation of the building envelopes which the
Applicant has undertaken in connection with this detailed submission/final plat application
will result in the retention of significant, existing vegetation, including numerous mature
evergreens. This existing vegetation, in combination with the additional landscaping to be
installed by the individual lot owners, will substantially screen the residences to be
developed on Tract "D".
It should also be noted that the character of the Maroon Creek Road corridor,
culminating in the obviously urban Highlands Village, has changed dramatically since the
Applicant's receipt of general submission approval. This area of the County is now
decidedly more urban/suburban in character; indeed, the visual impact of the Highlands
Village and the Maroon Creek Club has transformed the entire area. Consequently, we
believe that the revised building envelopes on Tract "D" are adequately screened, and will
be significantly less visible than surrounding development.
n) "Development of Urschel Tract D shall be subject to County air quality
regulations at the time of building permit issuance. A fugitive dust control plan shall
be provided prior to building permit issuance. This plan shall be approved by the
Environmental Health Department; and"
This condition is memorialized in Article III, paragraph 7 of the protective
covenants.
o) "The Applicant shall adhere to all representations made in the Urschel
Tract D Application and in public meetings; and"
All material representations contained in the Applicant's general submission
application, as amended in connection with general submission review and approval, have
been incorporated in the Skyview Subdivision/PUD's protective covenants.
p) "The five (5) single-family residential lots approved on Urschel Tract D
shall be forever exempt from the Growth Management Quota System or its subse-
quently enacted equivalent. One (1) of the five (5) single-family lots is as of right and
not subject to the Growth Management Quota System. The other four (4) of the five
(5) single-family residential lots are granted allocations pursuant to Section 5-510.3(a)
of the Pitkin County Land Use Code; and"
This condition does not require a response by the Applicant.
q) "The five (5) single-family residential lots approved on Urschel Tract D
shall not be subject to any conditions or exactions not explicitly listed in this reso-
Ms. Suzanne Wolff
January 18, 2000
Page 9
lution, including, but not limited to, additional on-site, off-site or cash in lieu
payments for employee housing, park contributions or trail easements; and"
This condition is memorialized in Article III, paragraph 10 of the protective
covenants.
r) "The five (5) single-family residential lots approved on Urschel Tract D
shall constitute vested rights as of the date of this resolution and shall not expire."
This condition does not require a response by the Applicant.
2. Urschel Richmond Hill Property and Urschel Tract "C"
Conditions number 2 and 3 of BOCC Resolution No. 94-128 require that both
Urschel Tract "C" and the family's Richmond Hill property be prohibited from further
development. The prohibitions can be accomplished via a covenant, conservation
easement or deed restriction. All development is prohibited on Tract "C". Condition
number 2, however, permits various specific activities to occur on the Richmond Hill
property which are to be incorporated in the covenant, conservation easement or deed
restriction. The Applicant will submit appropriate legal instruments which address the
requirements of conditions number 2 and 3 for review and approval by the County
Attorney prior to recordation of the Skyview Subdivision/ PUD's final plat and related
documents.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
V ASSOCIATES, LLC
Su ann, AICP
SV wv
Attachments
cc: Jack Guenther
c:\bus\county.app\app38598.det
EXHIBIT 1
PITKIN COUNTY
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: August 23, 1999
PROJECT: Urschel Subdivision Detailed Submission/Final Plat and PUD Review
LOCATION: Urschel Tract D; Maroon Creek
REPRESENTATIVE: Sunny Vann Phone/Fax: 925-6958
OWNER: Jack Guenther, Trustee, u/w/o Charles F.Urschel,Jr.
Type of Application: Subdivision Detailed Submission/Final Plat and PUD Review
Description of Project/Development: Applicant obtained Conceptual Subdivision approval in August of 1994, pursuant to
Resolution No. 94-128 and rezoned the property to AFR-2, pursuant to Ordinance No. 94-24. Approval was granted under
the pre-1994 Code,therefore,the Detailed Submission/Final Platwill also be reviewed under the pre-1994 Code(per
Resolution No. 94-68).
Land Use Code Sections
Section 3-7, Planned Unit Development
Section 6-4, Detailed Submission
Section 6-5, Final Plat
Review by: P&Z and BOCC
Public Hearing? NO
Staff will refer to: Attorney, Zoning, Engineer, Environmental Health, City Water, ACSD, CSFS, City of Aspen
Planning Deposit: $2,220 (additional hours are billed at a rate of$185/hour)
Referral Agency Fees: $320 (Env Health) + $320 (Engineer) + $600 (Clerk)
TOTAL DEPOSIT: $3,460
To apply, submit 20 copies of the following information, unless noted otherwise:
l. Proof of ownership of subject property
2. Parcel description, including legal description and vicinity map
3. Consent from owner(s)to process application and authorizing the representative(I copy)
4. Signed fee agreement(2 copies)
5. Total deposit for review of the application
6. Summary letter explaining the request and addressing compliance with the Code sections listed above and with
the General Submission approval (Resolution No. 94-128)
7. Draft Final Plat
8. Protective Covenants, SIA, etc.
9. Copy of this preapp form (1 copy)
This pre-application conference summary is advisory in nature and not binding on the County. The information provided
in this summary is based on current:oning standards and staff's interpretations based upon representations of the
applicant. Additional information may be required upon a complete review of the application.
L1• 777 . . . L .r:' i � ru i. .v� f -= n". , .,, • L
EXHIBIT 2
Commitment for Title Insurance
Fidelity National Tale Insarance Company
A Stock Conant
COMMITMENT FOR TITLE INSURANCE
FIDELITY NATIONAL TITLE INSURANCE COMPANY,a Corporation,herein called the Company,for valuable
consideration,hereby commits to issue its policy orpolicies of title insurance,as identified in Schedule A,in favor
of the proposed insured named in Schedule A,as owner or mortgagee of the estate or interest coveredherebyin
the land described or referred to in Schedule A, upon payment of the premiums and charges therefore;all s ubject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of tide insurance and all liability and
obligations hereunder shall cease and terminate sir(6)months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF,the Company has caused this Commitment to Designed and sealed,to become valid
when countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws.This
Commitment is effective as of the date shown in Schedule A as "Effective Date."
PiJela Coeae" Th..,I_..
601 C. ■I_p41..a A•'evae
3.0 Floor
C_1766 81611 Ftdelifytcnal r[IC Cat' r'•!
9�0.o3S-1966 Phone
070-425-6529 Fan
. . bY 7 /J7 �.
urit
/ 111 g
C4 '� t ATTEST
Cou n cereigred ,T
Au' r)ed ig ana.e
FORM (ce)
ALTA COMMtTOMMIT MJvT•19E6 Valid Only it Schedule A and B are Attached
The conditions of Utk canmromenl remAre that Ne premium argil charge be poll peke to the brans el the title policing).Therefore,no poky())rAt be bolded
wed Poe Owlet Mare been remitted to The issuing agent
•
IYn !: LAN J� " 1 \I1 , Jl ! . L: Po'J. , i .1 r
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: September 10, 1999 at 8:30 AM Case No. PCT14486C2
2. Policy or Policies to be issued:
(a) ALTA Owners Policy-Form 1992 AmountS 0.00
PremiumS 0.00
Proposed Insured: Rate:
PROFORMA
(b) ALTA Loan Policy-Form 1992 Amount$0.00
PremiumS 0.00
Proposed Insured: Rate:
Tax Certificate: $10.00
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
JACK GUENTHER,TRUSTEE OF TRUST"B' CREATED UNDER THE LAST WILL AND
TESTATMENT OF CHARLES F. URSCHEL,JR.A/K/A JACK GUENTHER.TRUSTEE, UNDER THE
WILL OF CHARLES F. URSCHEL,JR.
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and s
described as follows:
THAT PART OF THE SWV4NW1/4 OF SECTION 14,TOWNSHIP 10 SOUTH, RANGE 65 WEST OF
THE 6TH P.M., LYING NORTHERLY AND WESTERLY OF THE NORTHWESTERLY BANK OF
MAROON CREEK.
PITKIN COUNTY TITLE,:NC:. Schedule A-PG.1
601 E.HOPKINS This Commitment is invalid
ASPEN,CO. M1611 unless the Insuring
97C-915-1766 Provisions and Schedules
97c-915-6E27 FAX A and B are attached.
AUTHCR:7tD AGENT
JLr. U. :))) . : 4 /4441 r ! 1, ■ . LC N',,. , i•ii, •
SCHEDULE B • SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate
or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL N_OT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY.THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT,THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
t ,. ,:9; iU:[oAi r , Li L•i:6ii ° . ! -- ��. %,� 3
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien,for set-Aces, labor, or material heretofore or hereafter furnished. imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax,special assessment, charge or lien imposed for water or sewer service
or for any other special taxing district
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted as reserved in United States Patent recorded April 7,2003 in
Book 55 at Page 507.
8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded October 26, 1994 in Book 765 at Page 593 as Resolution No. 94-128.
9. Terms, conditions. provisions, obligations and all matters as set forth in Ordinance No. 94-24, Series of 1994 by
Board of County Commissioners recorded October 26, 1994 in Book 765 at Page 602.
10. Terms, conditions, provisions and obligations as set forth in Rule and Order recorded December 7, 1998 as
Reception No. 425224.Amended Rule and Order recorded February 22, 1999 as Reception No. 427970 and
Corrected Amended Rule and Order recorded May 10, 1999 as Reception No.430872.
11. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed
location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center
thread, bank, channel or flow of waters in the Maroon Creek River lying within subject land; and any question as to
the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the
purposes of describing or locating subject lands.
NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of Fitkn County,
Color-am accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above
River or indicating any alterations of the same as from time to time may have uncured.
AND
Any rights, interest or easements in favor of the riparian owners,the State of Colorado, The United States of
America, or the general public,which exist, have exdsted, or are claimed to exist in and over the waters and present
and past bed and banks of the Maroon Creek River.
1 ::7 ,V. 13nnl r . n. i .cb � ;
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owners Policy to be issued. if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust,if any, required under Schedule B-Section 1.
(2) Water rights, claims ortrtle to water, (NOTE:THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective insured in an owners title insurance policy for a
single family residence (including a condominim or townhouse unit) () of that title entitys general
requirements for the deletion of an exception or exclusion to coverage relating to untied mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy.A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and./or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be
furnished to the Company. Upon receipt of these items and any others requirements to be specified by the
Company upon request, Pre-printed Item Number 4 may be deleted from the Owners policy when issued.
Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in
this Paragraph shall be deemed to impose any requirement upon any title insurer to provide medtani= or
materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the
recording or filing of legal documents from said transaction,the Company will be deemed to have provided
'Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122):
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board
of County Commissioners,the County Clerk and Recorder,or the County Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof
charged to the proposed insured unless written instruction to the contrary are received by the company prior
to the issuance of the Title Policy anticipated by this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT14486C2
A and B are attached.
>;9 t . 16:1': vC„'i Y __ id J. :S
CONDITIONS AND STIPULATIONS
1. The term"mortgage",when;;sec herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or
other matter affecting the estate or interest or mongage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the
Company shall be relieved from liability for any loss or damage resulting from any actof reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall
disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such
defect,lien,encumbrance,adverse claim or other matter,the Company at iu option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof,or(b)to eliminate exceptions shown in Schedule B, or(c) to acquire or create the estate of interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,
exclusion from coverage,and the Conditions and Stipulations of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a pan of this
Commitment except as expressly modified herein.
4. Any claim of loss or damage,whether or not based on negligence,andwhich arises out of thestatusof the tite
. to the estate or interest or the lien of the insured.mortgage covered hereby or any action asserting such claim,
shall be restricted to the provisions and Conditions and Stipulations of the Commitment.
•
EXHIBIT 3
September 4, 1999
Ms. Suzanne Wolff
Community Development Department
130 South Galena Street
Aspen. Colorado 81611
Re: Permission to Represent
Dear Ms. Wolff:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC.
Planning Consultants, to represent me in the processing of my application for detailed
subdivision and final plat approval for the Urachel Tract D" property. Mr. Vann is
hereby authorized to act on my behalf with respect to all natters reasonably pertaining
to the aforementioned application.
Should you have any questions, or If I can be of any furiber assistance, please do not
hesitate to call.
Sincerely,
/ , Aushar
J. Av ember, Trustee
• Charles P. Urschel, Jr.
cAbv!ooaaly.I trVtl3859t.1w l
ASPEN/PITKIN EXHIBIT 4
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Peyanent of P; khwCounty Development Application Fees
i
PITKIN COUNTY (hereinaft r COUNTY) and —S q - /g /OA/ 4 nd
e [' //'Ce..2Ar
rice-)3-7e5 / hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT 1-.as submitted to COUNTY an piication for
l tiVe -7 e—).3W\..,r /44,fer 17---
(hereinafter, THE PROJECT).
' � APPLICANT understands and agrees that Pitkin County Resolution
No..?6 57 establishes a fee structure for Planning applications and the payment of
all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and COUNTY ao.ee that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
COUNTY farther agree that it is in the interest of the parties to all APPLICANT to
make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the COUNTY when they are necessary as costs are incurred.
COUNTY agrees it will be benefited through the greater certainty of recovering its
full costs to process APPLICAIv T's application.
4. COUNTY and APPLICANT further agree that it is impracticable for
COUNTY staff to complete processing or present sufficient information to the
Planning Commission and/or Board of County Commissioners to enable the
Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior
to decision.
5. Therefore. \PPLICANT agrees that inj Zsideration of the
' COUNTY'S waiver of its right to collect full fees prior to a determination of
application completeness, APPLICANT shall pay an initial deposit in the amount
of$2-,—g0e3 which is for /7 hours of Planning staff time, and if actual
recorded costs exceed the initial deposit. APPLICAIrIT shall pay additional
monthly billings to COUNTY to reimburse the COUNTY for the processing of the
application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing d e. APPLICANT turher
agrees that failure to pay such accrued costs shall be b ounds for suspension of
processing.
PITKIN COUNTY APPLICANT
--�
�'cs�i7Tc -' 1
Cindy Houben __. Prin ' , met i
Community Development Director i....., - or
Si;Pt.' re
Date: ' 44-
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2/19,9E
EXHIBIT 5
ADJACENT PROPERTY OWNERS
Tract"D"
LWI INC.
533 E Hopkins Ave
Aspen, Colorado
81611
PLUMMER WILLIAM H
FRM Management
300 S. Wacker, Suite 900
Chicago, Illinois
60606
MAROON CREEK LLC
10 Club Circle
Aspen, Colorado
81611
UNITED STATES FOREST SERVICE
806 West Hallam Ave.
Aspen, CO 81611
9/19/99
S
1 EXHIBIT A de-
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A tract of land situated
in the SW1/4NW1/4 of Sec. 14, '1'105, C
11 R85W of the 6th P.M. and more fully described as follows: ,
,
This part of the SW1/4NW1/4 of Sec. 14, T_1OS, .r; >.
21 - RB5W of the Eth P.M., lying northerly and ' .N...
IIII westerly of the Northwesterly bank of
Maroon Creek.
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B-7E5 F'-ESS is/�E/94 0
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EXHIBIT B {
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Parcel A' .
1 The ARGO, TOP, MOUNTAIN BOY, MOUNTAIN BOY NO. 2 and MOUNTAIN
BOY NO. 3 Lode Mining Claims (United States Mineral Survey -
j No. 5982) the Range s j
J embracing a portion and excluding
84 west of the 6th P.M. EXPRESSLY excepting
from the premises those portions lying within Hercules Lode
(United States Mineral Survey No. 4251) , May Queen (United
States (United 5380) and
Survey No. 5973)and
73) as reserved in
Lodes United States Patent recorded April 17, 1961 in Book 193 at
Page 507.
1 Parcel B:
4:::::
The GRACE DARLING and ADVANCE Lode Mining Claims (United
States Mineral Survey No. 5983) located in the
of thetHighland 4
Mining District and embracing a p
Id Township 10 South, Range 84 West of the 6th P.M.
parcel C:
`. d
l l An undivided
Claimsn (United1StatesAMineral Survey AND
No.E6008)Lode Mining
located in the Highland Mining District and embracing a
portion of Sections 30 and 31, Township 10 South, Range 84 -`. .
jWest of the 6th P.M.parcel D: - -
1 The BEAU and BEAU MUNDAY Lode Mining Claims (United States
Mineral Survey no. 5763) located portion of thetHighland TMininip 10
4 District and embracing a p o
J South, Range 84 West of the 6th P.M.
a Parcel E ...
The. CABLE Lode Mining Claim (United StatesiMiniralaSurvey
No. 5879) located in the Highland Mining
1 embracing a portion of section 31, Township 10 South, Range
A 84 West of the 6th P.M.
Parcel F: .
The MAY QUEEN Lode ruling Claim (United States Mineral
a Survey No. 5880) located in the Highland Mining District and
4 embracing a portion of Section 31, Township 10 South, Range
84 West of the 6th ?.M.
ISILN 91a:
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11 EXHIBIT C
i
i
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A tract of land situated in the NE1/4 SE1/4 , Section 15 , Township 10 i
South. Range 85 West of the 6th P .M. , more fully described as follows :
I
Beginning at a point being N 24'11 '33" E 654.52 feet from the Southwest
•
corner of the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85
West of the 6th P .M. : =
thence N 53'26 ' 30" E 375 .80 feet : 1
thence S 70'40 ' E 99 .46 feet to the centerline of a 30 foot easement killiala
for ingress and egress and underground utilities ;
fig thence N 45'28 '30" E 225 .05 feet along the centerline of a 30 foot
easement for ingress and egress and underground utilities ;
thence S 10'45 '30" E 168 . 17 feet along the centerline of a 30 foot
easement for ingress and egress and underground utilities ;
thence N 73•03 '25" E 332 .78 feet more or less to the Northwesterly edge
of Maroon Creek;
S thence Northeasterly along the Northwesterly edge of Maroon Creek to . •� 4
the North line of the NE1/4 5E1/4 of Section 15 , Township 10 South,
liRange 85 West of the 6th P.M. ;
I thence N 89'43 ' 36" W 1235 .4 feet more or less along said North line o`;II
the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the
6th P .M. to the West line of the NE1/4 SE 1/4 of Section 15 , Township
10 South. Range 85 West of the 6th P.M. ;
! thence S 00'06 ' E 431.85 feet more or less along said West line of the _ .®
NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the 6th
P .M. to s point being N 42'31 ' W from the point of beginning;
4E
i l the^.ce S 42 31 ' E 399 .25 feet more or less to the point of beginning ._,-k
;j COUNTY OP PITKIN, STATE OP COLORADO .
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375793 B-765 2-601 10/26/94 02:41P P6 9 OF 9
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EXHIBIT A
1
1 xlos,
j and more fully described as follows: r
A t=act of land situated in the SW1/4NW1/4 of See. 14,
g85W of the 6th P .M. T105, .."4
This part of the SW1/4NW1/4 of Sec. 14, i__....
RB5W of the 6th P.M., lying northerly and ,_. .
westerly of the Northwesterly of
4, Mazoon Creek.
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375754 P-765 P-609 10/26/94 03:43P PG 8 OF 10
II
A
1
1
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575794 P-765 P-610 10/26/94 03:43P PG 9 OF 10
j
EXHIBIT B
1i-
Parcel A: ..
The A.RGO, TOP, MOUNTAIN BOY, MOUNTAIN BOY NO. 2 and MOUNTAIN
BOY NO. 3 Lode Mining Claims (United States Mineral Survey
J No. 5982) located in the Highland Mining District and
embracing a portion of Section 31, Township 10 South, Range
84 West of the 6th P.M. EXPRESSLY excepting and excluding
1 from the premises those portions lying within Hercules Lode
(United States Mineral Survey No. 4251) , May Queen (United
states Mineral Survey No. 5380) and Colorado and Leonie
United States Patent recordedSApril 17, 1961�in5Booke193datn
el
ied -
Page 507 .
Parcel B: :'• +
The GRACE DARLING and ADVANCE Lode Mining Claims (United
1 States Mineral Survey No. 5983) located in the Highland
Mining District and embracing a portion of Section 31,
d Township 10 South, Range 84 West of the 6th P.M.
i Parcel c 1+
1 An undivided 7/8 interest in the AMERICAN FLAG AND PEMBINA
Lode Mining Claims (United States Mineral Survey No. 6008)
located in the Highland Mining District and embracing a
portion of Sections 30 and 31, Township 10 South, Range 84
West of the 6th P.M.
Parcel D:
The BEAU and BEAU MUNDAY Lode Mining Claims (United States a :
Mineral Survey no. 5763) located in the Highland Mining �_
District and embracing a portion of Section 31, Township 10
South, Range 84 West of the 6th P.M.
Parcel
a..f^
The CABLE Lode Mining Claim (United States Mineral Survey
No. 5879) located in the Highland Mining District and
embracing a portion of Section 31, Township 10 South, Range
84 West of the 6th P.M.
?arc r. i
The MAY QUEEN Lode Mining Claim (United States Mineral ■
5.._ . :y No. 5880) located in the highland Mining District and
e:tbracing a portion of Section 31, Township 10 South, Range
84 West of the 6th P.M. ...
IS?ER 9:?2
•
I. i
i375794 P-765 P-611 10/26/94 03:43P PG 10 OF 10 (;
i EXHIBIT C
Iti fw.
A tract of land situated in the NE1/4 SE1/4 , Section 15 , Township 10
South , Range 85 West of the 6th P .M. , more fully described as follows :
Beg inning at a point being N 24' 11 ' 33" E 654 . 52 feet from the Southwest iv
corner of the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85
E West of the 6th P .M. :
thence N 53'26 ' 30" E 375 . 80 feet ;
thence S 70'40 ' E 99 .46 feet to the centerline of a 30 foot easement
10 for ingress and egress and underground utilities ;
thence N 45 '28 ' 30" E 225 .05 feet along the centerline of a 30 foot
easement for ingress and egress and underground utilities ;
i thence S 10'45 ' 30" E 168 . 17 feet along the centerline of a 30 foot
easement for ingress and egress and underground utilities ; __�
thence N 73'03 '25" E 332 .78 feet mor or less to the Northwesterly edge _
of Maroon Creek; ���
thence Northeasterly along the Northwesterly edge of Maroon Creek to
the North line of the NE1/4 SE1/4 of Section 15 , Township 10 South,
Range 85 West of the 6th P .M. ;
laia thence N 89'43 ' 36" W 1235 .4 feet more or less along said North line of
ill the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the
6th P .M. to the West line of the NE1/4 SE 1/4 of Section 15 , Township
10 South, Range 85 West cf. the 6th P .M. ;
thence S 00'06 ' E 431 .85 feet more or less along said West line of the
i NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the 6th
4 • P .M. to a point being. N 42' 31 ' W from the point of beginning;
thence S 42'31 ' E 399 .25 feet more or less to the point of beginning. :41i
Ali H
COUNTY OP PITKIN , STATE OP COLORADO . _� �.�
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EXHIBIT 8
SKYVIEW SUBDIVISION/PUD
SUBDIVISION IMPROVEMENTS AGREEMENT
, 1999
THIS SUBDIVISION IMPROVEMENTS AGREEMENT (the "Agreement"),
made and entered into this day of , , by and between JACK
GUENTHER, TRUSTEE U/W/O CHARLES F. URSCHEL, SKYVIEW
PROPERTIES, LTD. (the "Subdivider"), and THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, as the governing body of
Pitkin County, Colorado (the "County").
WITNESSETH:
WHEREAS, the Subdivider has submitted to the County for approval, execution
and recording a Final Plat of Skyview Subdivision/PUD (the "Subdivision/PUD"),
consisting of five (5) lots on certain real property located in Pitkin County, Colorado,
which Final Plat appears of record at Reception No. in the Office of the Clerk and
Recorder of Pitkin County, Colorado; and
WHEREAS, the required common private improvements in the Subdivision/PUD
are: (i) the improvement and extension of the common access road; and (ii) the extension
of underground electric, natural gas, telephone, cable, water and sewer lines; and
WHEREAS, the County has approved and executed the Final Plat upon
Subdividers aereement to construct said improvements on the terms and conditions set
forth below; and
WHEREAS, the Subdivider is willing to agree to construct said improvements,
and to provide the County with certain financial assurances, all on the terms and
conditions set forth herein.
NOW, THEREFORE. for and in consideration of the mutual covenants herein
contained and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Common Access Road Improvement and Extension. Subdivider agrees
to improve the existing common access road off of Tiehack Road, and to extend said
common access road to serve Lots 1, 1 3. 4 and 5 as depicted and described on the
Roadway Plan and Profile attached as an Exhibit to the Final Plat, recorded as Reception
No. . The common access road improvement and extension shall be performed at
the expense of the Subdivider, provided that individual lot owners shall bear the expense
of all driveway improvements.
2. Electric, Natural Gas, Telephone, Cable, Water and Sewer Lines.
Subdivider agrees to extend underground electric, natural gas, telephone, cable, water and
sewer lines as depicted and described on the Utility Plan attached as an Exhibit to the
Final Plat. recorded as Reception No. . The utility extensions shall be performed at
Skyview Subdivision/PUD Subdivision Improvements Agreement—9/16/99 Page 1
the expense of the Subdivider,provided that individual lot owners shall bear the expense
of extending utilities from the common access road to their individual lots.
3. Financial Security. Attachment"A"to this Agreement is a Summary of
the Quantities estimated for completion of the improvements described in Paragraphs 1
and 2 above. Subdivider shall submit detailed cost estimates prior to the submission for
permits for such improvements. No permits for the improvements described in
Paragraphs I and 2 above shall be issued unless Subdivider has delivered to the County
an irrevocable letter of credit in a form and substance approved by the County Attorney.
The letter of credit shall provide that it may be drawn upon by the Board upon
presentation by the Board, subject to a requirement that the Board present an affidavit
that the Subdivider is in default of Subdivider's obligations under this Agreement. The
amount of the security shall be incrementally reduced as improvements are satisfactorily
completed. The construction of a temporary access way shall not trigger the requirement
that the Subdivider complete the improvements described in Paragraphs 1 and 2.
In the event that the Board determines that any of the improvements described in
Paragraphs I and 2 have not been constructed as required in this Agreement,the Board
shall give the Subdivider written notice specifying the deficiencies, and in the event the
Subdivider has not corrected the deficiencies within 30 days following receipt of such
notice, the Board shall have the right to draw upon the letter of credit as may be
necessary to complete the improvements in accordance with the requirements of this
Agreement.
4. Binding Effect. All covenants, restrictions an obligations herein
contained shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
5. Assignability. This Agreement shall be assignable by both parties.
6. Termination of Agreement. At such time as Subdivider has completed
the construction of the improvements required in Paragraphs 1 and 2 to the satisfaction of
the County. the County agrees to execute a written instrument in recordable form which
forever cancels and terminates this Agreement.
IN WITNESS WHEREOF. the parties have executed this Agreement as of the
day and year first above written.
SUBDIVIDER:
Jack Guenther, Trustee
u/w/o Charles F. Urschel, Jr.
Skyview Properties, Ltd.
Skyview Subdivision/PUD Subdivision Improvements Agreement-9/16/99 Paget
COUNTY:
Board of County Commissioners of
Pitkin County, Colorado
•
By:
Chair
Skyview Subdivision/PUD Subdivision Improvements Agreement—9/16/99 Page 3
EXHIBIT 9
PROTECTIVE COVENANTS
FOR
SKYVIEW SUBDIVISION/PUD
, 1999
ARTICLE I
Purpose of Covenants
These Protective Covenants ("Covenants")-shall govern and be applicable to that
certain real property situated in Pitkin County, Colorado, known as Skyview
Subdivision/PUD (the "Subdivision" or"Subdivision/PUD"), as depicted and described
on the Final Plat of Skyview Subdivision/PUD (the"Final Plat"),recorded at Reception
No. in the Office of the Clerk and Recorder of Pitkin County, Colorado.
Article II
Definitions
As used in these Covenants, the term "Subdivision" or"Subdivision/PUD" shall
be deemed to mean and include all of the lands depicted and described on the Final Plat
of Skyview Subdivision/PUD recorded at Reception No. in the Office of the Clerk
and Recorder of Pitkin County, Colorado as said Final Plat may be amended from time to
time.
The term "Subdivider" shall refer to the initial subdivider of the Skyview
Subdivision/PUD or his successors or assigns.
The term "Lot" or"Lots" shall mean and refer to each of Lots 1, 2, 3, 4 and 5 as
designated and described on the Final Plat. The term "Lot Owners" shall mean the
owners of each lot, and shall include the possibility of there being one owner of each of
the five lots.
The terms the "County" or "Pitkin County" shall refer to the governmental
jurisdiction in which the Subdivision/PUD is located. If the Subdivision/PUD is ever
annexed to the City of Aspen, references to the County or Pitkin County shall be deemed
references to the City of Aspen.
Article III
Development and Use Requirements and Restrictions
1. Applicable Land Use Code. Lot Owners within the Subdivision/PUD
shall adhere to and shall be subject to Title II of the 1979 Pitkin County Code, in effect as
of August 2. 1994. inclusive of all amendments up to and including BOCC Ordinance 93-
6 (the "1979 Code").
2. Ordinances and Resolutions of Board of County Commissioners. Lot
Owners within the Subdivision/PUD shall adhere to the requirements and restrictions set
forth in the following Ordinances and Resolutions: BOCC Ordinance No. 94-24,
Skyview Subdivision/PUD Protective Covenants—9/16/99 Page t
recorded as Reception No. 375794; BOCC Resolution No. 94-128, recorded as Reception
No. 375793; and BOCC Resolution No. ,recorded as Reception No.
. In the event of any conflicts between said Ordinances and Resolutions
and these Covenants, the terms of the Ordinances and Resolutions shall control.
3. Development Limitations on Lots.
a. On each of Lots 1, 2, 3, 4 and 5, development shall be limited to one free-
market single-family residence and one caretaker dwelling unit.
Accessory uses and structures, subject to any necessary Pitkin County
approvals, shall also be allowed as permitted in the AFR-2 zone district of
the 1979 Code, as such district may from time to time be amended or
replaced by another zone district.
b. On each of Lots 1, 2, 3, 4 and 5, the single-family residences are limited to
a maximum floor area of 9,600 square feet, or a total of 48,000 square feet
of floor area total, inclusive of the caretaker unit and any other accessory
structures in the event constructed. At the sole discretion of the Lot
Owners who must unanimously consent,the total floor area of 48,000
square feet may be reallocated by the Lot Owners, provided that no single-
family dwelling unit may exceed 15,000 square feet of floor area. Floor
area calculations shall be based on the floor area regulations in the 1979
Code attached as Exhibit "A"to these Covenants.
c. All structures on Lots 1, 2, 3, 4 and 5 must be located within the building
envelopes depicted on the Final Plat. No development, as defined in the
1979 Code, should be allowed outside the building envelopes with the
exception of:
i. Landscaping as depicted on any Landscaping Plans approved by
the Community Development Department;
ii. Removal of vegetation to create defensible space for fire
protection;
iii. Installation of utilities;
iv. The common access road depicted on the Final Plat and the
individual driveways servicing Lots 1, 2, 3, 4 and 5;
v. Water wells and irrigation systems and related facilities; and
vi. Fencing.
d. No further subdivision of Lots 1, 2. 3, 4 and 5 shall be permitted,
excepting lot line adjustments that comply with the regulations in effect at
the time of application.
4. Caretaker Dwelling Units.
a. Each of the Lots 1. 2. 3, 4 and 5 is entitled to a caretaker dwelling unit,
subject only to building permit issuance.
Skwiew Subdivision/PUD Protective Covenants—9/16/99 Page 2
b. The construction of the caretaker dwelling units is optional and in the sole
discretion of the individual lot owners.
c. The caretaker dwelling units, if constructed, shall be governed by the 1979
Code.
d. The caretaker units on Lots 1, 2, 3,4 and 5 may be either attached to the
single-family dwelling unit or located in a detached structure within the
approved building envelope for the individual lot.
e. The floor area of the caretaker unit shall not exceed 750 square feet of
floor area, which shall be included in the calculation of the total floor area
allowed per lot.
f One off-street parking space must be provided for each bedroom in the
caretaker unit.
g. The caretaker unit must be deed restricted prior to issuance of a building
permit. The deed restriction is subject to the requirements of Ordinance
91-11, attached as Exhibit `B"to these Covenants.
5. Utilities.
a. Subdivider will be responsible for extending water, sewer, electric, natural
gas. telephone and cable TV service to the lot lines as depicted on the
Utilities Plan recorded with the Final Plat, recorded as Reception No.
. These utility extensions are to be installed underground in the
common access road and the common access easement to the extent
feasible. The Subdivision Improvement Agreement, recorded as
Reception No. , contains the required utility improvements.
b. Each Lot Owner will be responsible for their individual utility service
lines which must also be installed underground and within the Lots'
driveways to the extent feasible. Subject to the approval of the County
Engineer, utilities outside of the access road and driveways may be
permitted.
c. Any residence that exceeds 5.000 square feet of floor area, or as the
requirements of the Fire District may from time to time be amended, will
be required to contain interior sprinkler systems.
6. Common Access Road and Individual Driveways.
a. A permanent and perpetual, non-exclusive easement and right-of-way of
forty (40) feet in width across both the public and private portions of
Tiehack Road has been judicially decreed as described in paragraph 4 of
the Corrected Amended Rule and Order, Civil Action No. 96-CV-51-3,
recorded as Reception No. 430872. This easement begins at State
Skyview Subdivision/PUD Protective Covenants—9/16/99 Page 3
•
Highway 82, passes across the public portion of Tiehack Road to Lot 13 of
the Maroon Creek Club subdivision, and then through the area referenced
as a"40 ft. Wide Private Access Easement" crossing Lots 1, 2, 3,4, 5, 6,
7, 8, 9, 10, 11, 12, and 13 of the Maroon Creek Club subdivision, as well
as the "Reservation For a 40' Wide Private Access Easement" extending
across Lot 1, as amended in Easement Amended Agreement recorded as
Reception No. , all as reflected on the Maroon Creek Club
Final Plat recorded in the.Pitkin County Clerk and Recorder's office on
November 15, 1993 in Book 33 at pages 4-15. Said access easement is a
non-exclusive pedestrian, vehicular and utility easement to serve no more
than five (5) residential units and no more than five (5) associated
caretaker units.
b. A permanent and perpetual, non-exclusive easement and right-of-way of
forty (40) feet in width has been dedicated on the Final Plat for right-of-
way and underground utility purposes for the benefit of Lots 1, 2, 3, 4 and
5.
c. Subdivider will be responsible for the initial construction of the access
road as provided for in the Subdivision Improvement Agreement. An
access permit will be required from the County Engineer prior to
construction and the road must conform to County standards in effect at
the time of permit application.
d. The costs and expenses of maintaining, repairing, snowplowing and
further improving the common access road described in paragraph 6.b.
shall be shared equally by the Lot Owners of Lots 1, 2, 3, 4 and 5.
e. Each individual Lot Owner will be responsible for the construction of their
respective driveway. An access permit will be required from the County
Engineer and the driveways must conform to County standards in effect at
the time of permit application.
f. The common access road shall be paved. The individual driveways shall
be paved or graveled and treated with an approved dust retardant, at the
expense of each individual Lot Owner.
7. Air Quality
a. The Lot Owners of Lots 1, 2, 3. 4 and 5 must adhere to the County's air
quality regulations (i.e.. wood burning devices) in effect at the time of
building permit issuance.
b. Each Lot Owner must submit a fugitive dust control plan for approval by
the County Environmental Health Department prior to building permit
issuance.
c. The Lot Owners shall not be required to mitigate for PMi°.
Skvv,ew Subdivision/PUD Protective Covenants—9/16/99 Page 4
8. Grading and Drainage
a. Prior to the issuance of building permits for Lots 1, 2, 3, 4 or 5, each Lot
Owner shall submit to the County Engineer for approval a site-specific
grading, drainage and erosion control plan.
b. Site grading within the Subdivision/PUD shall be limited to the common
access road, individual driveways, utility extensions,
construction/landscaping within the building envelopes. Grading in
association with the installation of landscaping outside of the building
envelopes is allowed, subject to Community Development Department
approval of site specific landscape plans for the individual lots.
9. Geologic Hazards. GEOLOGIC HAZARD WARNING,
DISCLAIMER AND INDEMNITY: Each of Lots 1, 2, 3, 4 and 5 may contain
geologic hazards. Subdivider expressly disclaims any responsibility for such danger or
hazards. By acceptance of a deed to any lot in the Subdivision/PUD, each Lot Owner
acknowledges his awareness of and assumes all of the risks and responsibilities relating
to such potential hazards, and hereby releases and agrees to indemnify, defend (including
reasonable attorneys' fees) and hold harmless Subdivider, his respective agents,
consultants, representatives, successors and assigns against any liabilities or claims
therefor for any losses or damages to persons or property, including personal injury or
death. that may result from any geologic hazard that affects Skyview Subdivision/PUD or
any part thereof or improvement thereon.
10. Exactions. No exactions, including affordable housing, park, school,
trails. fishing easements and impact fees shall be imposed beyond the following
affordable housing payment-in-lieu:
a. Subdivider shall be required to pay an affordable housing exaction in the
amount of 5138.000.00 to the Aspen/Pitkin County Housing Authority, or
its successor in interest.
b. The payment is required in two equal installments, the first prior to the
issuance of the first building permit for a single-family residence on a lot,
and the second due upon issuance of a second building permit.
11. Exterior Lighting. All exterior lighting within the Subdivision/PUD shall
comply with Pitkin County's lighting regulations in effect at building permit application.
12. Landscape Plan. Each lot owner shall submit a landscaping plan for
approval by the Community Development Department at the time of building permit
application. The purpose of the landscaping plan is to reduce the visual impact of the
adjacent development on the individual lots and to provide for the preservation of natural
vegetation screening the development from Maroon Creek Road to the extent feasible.
Skyview Subdivision/PUD Protective Covenants—9/16/99 Page 5
Article V
Enforcement Action
1. Enforcement Authority. Each Lot Owner shall have the right to
prosecute an action at any time for injunctive relief and/or for damages by reason of any
violation of these Covenants. The prevailing party in any action brought to interpret or
enforce these Covenants and/or for damages for a violation hereof shall be entitled to an
award of its reasonable attorneys' fees and costs.
• 2. Limitation on Actions. In the event any construction, alteration, or
landscaping work is commenced upon any of the lands within the Subdivision/PUD in
violation of these Covenants, and no action is commenced within one (1) year thereafter
to restrain such violation, then injunctive or equitable relief shall be denied, but an action
for damages shall still be available to any party aggrieved within the applicable statutory
period established by state law. This one (1) year limitation shall not apply to injunctive
or equitable relief against other violations of these Covenants.
Article VI
Miscellaneous Other Governing Documents
1. Final Plat. Each Lot Owner shall adhere to the terms and provisions of
the Final Plat, as it may be amended by Pitkin County.
2. Utilities Plan. Each Lot Owner shall adhere to the terms and provisions
of the Utilities Plan. and obtain appropriate permits thereunder.
3. Roadway Plan and Profile. Each Lot Owner shall adhere to the terms
and provisions of the Roadway Plan and Profile, and obtain appropriate permits
thereunder.
4. Subdivision Improvement Agreement. The Subdivision Improvements
Agreement. recorded as Reception No. , sets forth the required
improvements in the Subdivision/PUD and the security provided to the County.
Article VII
General Provisions
1. Benefits and Burdens of Covenants; Covenants to Run. All of the
Covenants contained in this instrument shall be a burden on and appurtenant to the title to
all of the lands within the Subdivision/PUD. The benefits of the Covenants contained in
this instrument shall inure to the Lot Owners. and shall be deemed an appurtenance to the
title to such lands. The benefits and burdens of all of said Covenants shall run with the
title to all of the lands to which such burdens or benefits have been made appurtenant.
2. Terms of Covenants. Unless amended pursuant to Paragraph 3 below,
•
these Covenants shall be perpetual. except that any Covenant to which the rule against
perpetuities or the rule restricting restraints on alienation may be determined to be
applicable shall expire in twenty years from the date of these Covenants.
Sk'view Subdivision/PCD Protective Covenants—9116/99 Page 6
3. Amendment of Covenants. All or a part of these Covenants may be
amended or terminated at any time by the recording in Pitkin County real property
records a resolution of agreement agreed upon, executed and acknowledge by at least a
majority of the Lot Owners.
4. Disclaimer. No representation of any kind, express or implied is given or
made by Subdivider or their agents or employees in connection with the
Subdivision/PUD or any Lot therein or any portion thereof, or any improvements thereon,
or physical features thereof, or the geologic hazards relating thereto, or the fitness thereof
for any purpose, or utility service thereto, or the development potential thereof or any
manner of compliance with the Pitkin County Land Use Code or applicable
environmental or other laws or regulations, or with respect to the cost of owning,
developing, enjoying or maintaining any of the lands within the Subdivision/PUD.
5. Severability. Should any provisions of these Covenants be declared
invalid or unenforceable by any court of competent jurisdiction, such decision shall not -
affect the validity or enforceability of the remaining Covenants.
IN WITNESS WHEREOF, Subdivider has executed these Protective Covenants
as of . 1999.
Jack Guenther, Trustee
u/w/o Charles F. Urschel, Jr.
Skyview Properties, Ltd.
Skyview Subdivision/PUD Protective Covenants—9/16/99 Page 7
EXHIBIT A
§ 20-1
(c) On-site sales are limited to sales of block or slabwood and post-
season clearance sales.
(d) The site is limited to one acre or less.
Floor Area.
(a) Area included within the surrounding exterior wall surface of a
building or portion thereof, exclusive of courts. The floor area of a
building, or portion thereof, not provided with surrounding exterior
walls shall be the usable area under the horizontal projection of the
roof or floor above.
(b) For the purpose of calculating floor area ratios for non-residential
structures in the AR-1 Zone District, subgrade space shall be
excluded from the floor area calculations when such subgrade space
is accessory to and subordinate to the principal use of the building
and used for subordinate, secondary purposes. Such exempted
subgrade space shall include areas used for mechanical,electrical or
heating facilities; utility space; parking garages; required employee
housing units meeting Uniform Building Code requirements for
subgrade space; kitchens and employee recreation rooms; meeting
rooms, auditorium, banquet rooms, convention space, banquet
preparation and kitchen areas; recreational amenities including but
not limited to pools, health clubs, exercise rooms. steamrooms,
saunas, massage rooms, showers;linen storage rooms,maid service
areas, laundries: guest storage; storage for condominium unit
owners;ski lockers; loading and unloading docks, service elevators,
trash storage. maintenance area and storage; and circulation
corridors and elevator areas for the foregoing.All other uses located
subgrade may be exempted from floor area calculations upon the
special review recommendations of the Planning and Zoning
Commission and approval of the Board if they find the use to be
accessory and subordinate to the principal use.Review criteria to be
used in determining if a use is accessory and subordinate to the
principal use are as follows:
(1) potential impacts generated by the use;
(2) the amount of floor area involved, including the amount
of space above grade to be made available for the principal
use if the space is exempted;
(3) consideration of whether the use will be primarily used
by occupants or residents of the project or other persons in
the community.
(c) Above-grade balconies and decks,including those covered
by a roof or floor above, constructed in the AR-1 Zone District
shall be excluded from floor area calculations when the area of
such balconies and decks is less than or equal to fifteen percent
(15%) of the allowed floor area: all area in above-grade decks
and balconies over fifteen percent (15%) of the allowed floor
area shall be included in the floor area.
227 supp.5
A
EXHIBIT B
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO REPEALING AND REENACTING
SECTION 3-8.13 OF THE PITKIN COUNTY LAND USE CODE
ENTITLED "EMPLOYEE AND CARETAKER DWELLING UNITS"
Ordinance No. 91-2Z_
WHEREAS, the Board of County Commissioners of Pitkin County,
Colorado (hereinafter "Board") has directed the staff to draft a
code amendment to provide more options for individuals wishing to
provide housing for residents and employees of Pitkin County; and
WHEREAS, on August 27, 1991, the Pitkin County Planning and
Zoning Commission (hereinafter "Commission") reviewed the proposed
code amendments at a special meeting and recommends approval of the -
• amendment to the Board; and •
WHEREAS, the Board reviewed the proposed code amendments at
a public meeting on September 10, 1991 and a public hearing on
October 15, 1991.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners that Section 3-8.13 of the Pitkin County Land Use
Code be repealed and reenacted as follows:
(a) caretaker Units: The Planning Director may permit one
caretaker dwelling unit attached to a single family home
(hereinafter "principal dwelling") on any lot which conforms to the
minimum lot area requirements within the R-6, R-15, R-30, AF-1, AF-
2, RS-20, RS-30 and RS-160 zone districts under the following
conditions and limitations:
(1) Attached caretaker units shall not exceed seven hundred
square feet of floor area, except that caretaker units in the
R-6 and R-15 zones shall be limited to four hundred square
feet of floor area.
ENGINEERS EXHIBIT 10
SURVEYORS
GM
(970)945-1004 SCHMUESER 118 West 6th,Suite 200
FAX(970)945-5948 GORDON MEYER Glenwood Springs,CO 81601
November 17, 1999 REVISED
•
Mr. Sunny Vann
Vann Associates, LLC
230 East Hopkins
Aspen CO 81611
RE: Skyview PUD Subdivision
Engineering Report - Detailed Subdivision/Final Plat Application
Dear Sunny:
The purpose of this letter report is to address the relevant portions of the Pitkin County Land
Use Code as they relate to engineering/infrastructure aspects of the project. The Urschel
Tract D property is located adjacent to the Maroon Creek Club to the west side of Maroon
Creek and generally near the Tiehack area of the Buttermilk Ski Area. This report has been
prepared based on my knowledge of the project, an understanding of the infrastructure
constructed for the adjacent Maroon Creek Club project and site visits to the property to
review the site specific infrastructure requirements.
SUMMARY OF PROJECT SITE
The property has received General Submission approval through Pitkin County. The property
is largely wooded and slopes generally towards Maroon Creek. The proposed access roadway
and building envelopes are to be located on a more gently sloping area that is a general
extension of the infrastructure constructed for adjacent lots on Maroon Creek Club. The
portions of the property located both above and below the area of the property to be
developed has steeper slopes which are not being disturbed as part of the project.
The approved plan for the project consists of five individual family homesites. These sites are
clustered along the proposed access roadway.
ROADWAY ACCESS AND TRAFFIC ANALYSIS
Access to the property will be by a two-lane roadway from the adjacent cul-de-sac
constructed within Maroon Creek Club. That cul-de-sac is at the end of Tiehack Road, a
private roadway constructed by Maroon Creek Club for access to its property from Highway
82. This property currently has a right of access along the private Tiehack Road as well as
via an access easement across Lot 1 of Maroon Creek Club from the cul-de-sac to the
boundary of the property.
Attached Table A summarizes the relevant design parameters associated with a Country
Access Roadway as defined in the Pitkin County Road Management and Maintenance Plan,
1997. The proposed access roadway for Tract D is to be designed in general compliance with
this standard, noting that as a separate project with a maximum of five lots, the property
could be accessed under a single lane driveway access standard. The only deviation from the
repor92076E05.3
November 17, 1999 REVISED
Mr. Sunny Vann
Page 2
County Access standard is minimum radius. The Country Access Standard is 1 1 5 feet while
the minimum radius for the proposed roadway is 105 feet. This variance has been designed
into the roadway in order to minimize the cut and fill requirements associated with the
roadway and, therefore, to conform to the existing topography as closely as possible and to
minimize any disturbance to on-site vegetation.
Based on a trip generation rate of 9.55 vehicles per day (VPD)/unit, the total estimated traffic
generation for this project is 48-96 VPD. The adjacent Tiehack Road within the Maroon Creek
Club has been designed to a Local Access, Class III Standard throughout most of its length
with the last segment of the cul-de-sac designed to a Country Access, Class V-A Standard.
Table B shows the design capacity for various segments of the roadway as well as the actual
trip generation volumes for Maroon Creek Club alone, and with the Tract D project added to
those.
TABLE A
DESIGN PARAMETERS PITKIN COUNTY STANDARDS ` TRACT D ACCESS ROADWAY
1 Number of units ---- 5 free market units plus
5 caretaker units
2 Trip Generation Rate 9.55 VPD/unit 9.55 VPD/unit
3 Design Traffic Volume ---- 48-96 VPD
4 Terrain Mountainous Mountainous
5 Road Classification Class V-A
Country Access ----
25-300 VPD
6 Design Speed 20 mph 20 mph
7 Grades - maxim's 12 percent 9 percent
8 Radius - Minimum 115 feet 105 feet
9 Number of Lanes One Two
10 Pavement width 16 feet 18 feet
11 Shoulder Width 2-4 feet 2 feet
TABLE B
TRIP GENERATION
Maroon Creek Total
Club Tract D VPD
Hwy 82 to Pfeifer driveway Local Access 1100 VPD 966 VPD 48-96 VPD 1014-1062
Pfeifer driveway to Pfister
Drive Local Access 1100 VPD 745 VPD 48-96 VPD 793-841
Pfister Drive to South
Meadow Lane Local Access 1100 VPD 256 VPD 48-96 VPD 304-352
South Meadow Lane to
cul-de-sac Country Access 300 VPD 84 VPD 48-96 VPD 132-180
reoorn97076E06_3 SCHMUESER GORDON MEYER, INC.
November 17, 1999 REVISED
Mr. Sunny Vann
Page 3
Summarizing the information presented in Table A and Table B above, it is concluded that the
roadway system within Maroon Creek Club itself is adequate to provide service for the Urschel
Tract D units. It is also concluded that the roadway proposed to provide internal circulation
to Tract D meets the applicable Pitkin County Road Standards.
DRAINAGE
The proposed access road will not result in additional drainage impacts to the surrounding
area. Because this property is located immediately adjacent to and, in fact, includes Maroon
Creek itself, there are no downstream property owners affected by any drainage from this
property. While the roadway surface itself will add impervious area to the overall drainage
basin, the increase in time of concentration will slightly increase and the net effect is that the
historic flow rate from the property to Maroon Creek will essentially be the same.
Attached hereto is a Drainage Report for the project. The construction of the access roadway
will result in two culvert installations under the roadway. Runoff which currently concentrates
in a number of small, locally defined drainages, will be intercepted by the access roadway
with the drainage discharged under the roadway in two distinct points. Drainage from these
two locations will be directed along the Lot 2/3 boundary line and under the roadway where
it abuts the cul-de-sac, respectively.
Each individual homesite will require conventional design considerations such as positive
grading away from the structures, diversion of any upslope drainages around the buildings and
possible on-sit detention of flows from roof or paved areas when the architectural site plans
are developed. It is proposed that, when individual site development plans are submitted for
a building permit, the plans will also be submitted to the County Engineer for review with
respect to proposed drainage improvements on each individual lot. At that time, the need for
on-site detention facilities on a lot-by-lot basis will be determined. As with the access
roadway, it is not anticipated that the impact of new residential construction will result in any
significant drainage impacts to the surrounding area.
Implementation of the Drainage Plan elements above will result in the following conditions
with respect to the developed conditions on the property:
a) Historic flow patterns and runoff will be maintained;.
b) Runoff volumes and peaks within the development and the surrounding effected
areas will not exceed current runoff levels;
c) The development will allow unimpeded flow of natural water courses, all of
which will satisfactorily convey a 100-year event;
d) All drainage design will be capable of continuous maintenance and will improve
adverse drainage impacts that presently affect the Willow Creek Ditch;
e) The development will not cause the introduction of pollutants into Maroon
Creek or other natural water courses; and
report\92076E05.3 SCHMUESER GORDON MEYER, INC.
November 17, 1999 REVISED
Mr. Sunny Vann
Page 4
fl the peak runoff rate at the boundary after development will not exceed current
peak runoff.
EROSION CONTROL
During the construction phase of the access roadway and associated utility infrastructure, silt
fencing will be required along the downhill limits of disturbance. Sedimentation traps,
consisting primarily of hay bale dams, hay bales around inlets to the culverts and check hay
bale dams in the uphill borrow ditch, will be constructed as part of the erosion control plan
on the site. Finally, revegetation of disturbed areas will be completed as soon as practical
after construction and will be accomplished the same construction season as the work has
been completed.
During the construction of each individual residence, a lot specific Erosion Control Plan will
be implemented. This Erosion Control Plan will be developed at the time of building permit
application. Anticipated components of the individual lot plans would include the construction
of silt fencing along the downhill limits of disturbance, concentration of all runoff from the
construction site to a single location and erosion control measures at the outlet of the
collection point. It is anticipated that residential construction will occur during two
consecutive building seasons at each lot. Temporary erosion control will remain in place
throughout the first construction season and into the second. Finished landscaping and site
grading shall occur prior to the end of the second construction season (or the final
construction season in the event that either a single or more than two construction seasons
are utilized) in a time frame that will allow for revegetation start to occur prior to the
subsequent winter season.
WATER SUPPLY
The water supply for the residential units will be provided by an on-site, central water system.
The physical components of that system, along with a brief description of each is as follows:
► Drilled wells - It is anticipated that there will be two or more drilled wells on the project
to provide raw water supply. The wells will be operated in parallel, with all wells
alternated as the lead well. The number of wells will depend on the capacity of each
well as developed such that when any of the wells are down, the remaining well or
wells will be capable of providing water at the peak day demand rate.
• Raw water piping - The raw water piping between the wells and the control building
will be 2" to 3" in size and will be located generally as shown on the Utility Plan.
► Control building -The control building will house a master water meter, controls for the
well pumps, central hydro-pneumatic tanks and disinfection facilities. The operating
sequence for the well pumps is as outlined on Sheet 4 of the plan set. Disinfection will
be by hypochlorination. The hydro-pneumatic tanks are intended to work in
conjunction with the well pumps and provide an operating volume of pressure storage.
Each individual residence will also include within their mechanical plumbing system,
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SCHMUESER GORDON MEYER,INC.
November 17, 1999 REVISED
Mr. Sunny Vann
Page 5
additional pressure tanks based on the size of the house actually constructed. These
pressure tanks will supplement the pressure tank volume provided in the control
building.
Distribution piping - Distribution piping will be run from the control building to each of
the residential properties. A 50-foot length of 24" DIP will be provided to provide the
necessary detention time for disinfection. The remainder of the distribution system will
be 8". While there will be no fire protection through the distribution system initially,
the 8" lines installed could be utilized in place, should a future waterline extension of
the municipal system located within the adjacent Maroon Creek Club Subdivision be
made.
Finally, a service line will be run to each of the residences. It is anticipated that the
service line size will be 2" to allow for future supply for both domestic use and fire
sprinkler use from a municipal-size system. Each individual residence will have a water
meter installed within the structure prior to any water use branch lines.
Total water system capacity required has been calculated on the following basis.
• Number of residences 5
• Capita Assume 6-BR/residence and 1 .5 persons/BR
for a total of 9 persons/unit, or 45 capital total.
• Capita water use 100 gpcd
• Total domestic demand Avg. day demand, Qa = 4500 gpd, or 3 gpm
Peak day demand, Qd = 3 x Qa = 9 gpm
Peak hour demand, Qh = 6 x Qs = 19 gpm
• Lawn size 4000 SF/unit
• Irrigation demand 2.0 Ac-f/Ac over 150 days
• Irrigation requirement Avg. day demand, Qa = 2000 gpd, or 1 .5 gpm
Peak day demand, Qd = 3 x Qa = 4 gpm
Peak hour demand, Qh = 6 x Q. = 8 gpm
• Total system
requirements Avg. day demand, Qa = 6500 gpd, or 5 gpm
Peak day demand, Qd = 3 x Q. = 14 gpm
Peak hour demand, Qh = 6 x Qa = 27 gpm
It is anticipated that the only water treatment required will be disinfection. It is further
anticipated that the water quality from the drilled wells may be classified as hard. Some
individual homeowners may elect to install water softeners in their individual residences.
Water softening on a central system treatment basis would not be cost effective.
report\92076E05.3
SCHMUESER GORDON MEYER, INC.
•
November 17, 1999 REVISED
Mr. Sunny Vann
Page 6
it is proposed that each of the individual residential units have inside fire suppression systems.
If these systems are based on water sprinklers, the systems will be provided with their own
separate storage tank and pump to run independently of the central domestic water system.
Each sprinkler system would be fitted with a flow control valve connection to the central
system for replenishment of the water storage tank after any use.
It is proposed to provide a central fire protection storage tank for use by the fire department
for on-site fire fighting purposes. The size of the tank is proposed to be 30,000 gallons. The
tank will be fitted with a float valve to allow refilling of the tank after any use.
SANITARY SEWER UTILITY
Sanitary sewage disposal from this project will be at the wastewater treatment facility
operated by the Aspen Consolidated Sanitation District. The internal wastewater collection
system in Maroon Creek Club will be utilized for piping of waste from the project to the
wastewater treatment facility.
This property currently lies outside the boundaries of the Aspen Consolidated Sanitation
District. Concurrent with the Final Plat application, the Applicant has petitioned for inclusion
into the District. Upon execution of the Inclusion Agreement, the District will then establish
the conditions under which service will be provided.
The last several lots at Maroon Creek Club, as well as the five lots associated with the Tract
D property, are beyond the gravity portion of the collection system of the Aspen Consolidated
Sanitation District. The existing Maroon Creek Club lots and the Tract D lots will be serviced
between the end gravity manhole and the individual lots by a low pressure, small diameter
sewer system. As part of the Maroon Creek Club infrastructure construction, a 4" pressure
sewerline was extended through the end of the cul-de-sac for future service to Tract D. Each
of the five individual lots will have an on-site septic tank effluent pump (STEP) system
installed by the individual property owner on the lot. Each of these STEP systems, in turn,
will be connected to a common small diameter pressures sewerline within the roadway
corridor.
Table C lists the recommended sizes of small diameter pressure mains for the common
pressure collection system within Tract D.
report\92076E05.3
SCHMUESER GORDON MEYER, INC.
November 17, 1999 REVISED
Mr. Sunny Vann
Page 7
TABLE C
TRACT D PRESSURE SEWER SYSTEM
MAXIMUM
ACCUMULATED SIMULTANEOUS MAXIMUM FLOW PIPE SIZE
LOTS NUMBER OF LOTS OPERATORS. IBM/ (inches)
Individual 1 1 11 1.25
3-5 3 2 22 1.50
2-5 4 3 33 1.50
1-5 5 3 33 2.00
MISCELLANEOUS UTILITY SERVICE
The following utility companies will provide additional utility services to the project:
• Electric - Holy Cross Energy
• Telephone - U.S. West
• Cable TV - TCI Cablevision
• Gas - KN Energy
All the four miscellaneous utilities currently exist within Tiehack Road and the Tiehack Road
cul-de-sac. The utilities have been extended through the cul-de-sac and terminated in
accordance with utility specifications. Each of these utilities has been sized in anticipation of
service to Tract D and can be extended along the roadway corridor to the individual
homesites. "Ability to serve" letters have been received from each of the respective
miscellaneous utility companies and are included with this submittal.
I remain available to provide additional information with respect to roadway access and
infrastructure for this project.
Respectfully submitted,
SCHMUESER GORDON MEYER, INC.
Dean . Gord• , P.E.
Presiden
DWG:lec/92076e01 .3
Attachments
cc: Mr. Jack Guenther, Owner's Representative, w/enc.
report\92076E05.3
SCHMUESER GORDON MEYER, INC.
PATRICK & STOWELL, P.C. EXHIBIT 11
Attorneys at Law
A Professional Corporation
Kevin L Patrick 730 East Durant Street
Brian L Stowell Aspen,Colorado 81611
Scott C. Miller wwwwarerlawcom
Kristin L. Hawse
Ramsey L Kropp' 970.920.1028 Tel
970.925.6897 Fax
'admitted in CO.AZ WY
•
January 18, 2000
•
•
Sunny Vann HAND DELIVERED
Vann and Associates
230 East Hopkins
Aspen, CO 81611
Re: Legal Water Supply for Urschel Tract"D"
Dear Sunny:
This letter describes the source and format for a water supply to be developed for the Urschel
Tract"D"development. Until recently, it was assumed that the City would provide a potable water
to the development.However,at a hearing before Council on September 27, 1999,the City declined
to provide water service to the development upon the primary grounds that the City has determined
that the City lacks sufficient water supplies to service the five lot development (or any new
development outside City limits)under the City's proposed method of operating their water rights,
which is to subordinate the City's senior water rights to instream flows; thus, the City lacks the
capacity to serve.
Accordingly,an independent water supply will be developed.During the month ofNovember,
1999,we filed applications in the Water Court which utilizes three sources of water in a legal water
supply plan:Ruedi Reservoir,pursuant to an Allotment Contract with the Basalt Water Conservancy
District;on site storage from the VU Pond;and 0.1 cfs of the Stapleton Brothers Ditch Enlargement
water right, to develop a legal water supply plan for the development.
We have engaged the services ofBeach Resources and Schmueser Gordon Meyer,Inc.to plan
a central water System that would be supplied water from two wells tributary to Maroon Creek.The
Stapleton Brothers Ditch water right would be transferred to the well locations and backed by
augmentation releases from Ruedi Reservoir in the event of curtailment by a water right downstream
of the Stapleton Brothers Ditch or by the onsite storage in the event of a call by a water right between
where the wells deplete Maroon creek and the headgate of the Stapleton Brothers Ditch.Copies of the
relevant Applications are attached.
PATRICK&STOWELL, P.C.
Sunny Vann
Page 2
January 18, 2000
If after reviewing these points, you have any questions, please call me.
Very truly yours,
PATRICK& STOWELL, P.C.
A Professional Co..: . '.
By: �_�/
Kevin atrick
klp/cc
cc: Mr. Jack Guenther
Mr. Dean Gordon
Mr. Gary Beach
W:\U rsc he l\287a\Letters\vannwsl V 02.wpd
94 Ori ' I.,�h
Clerk (I
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO By u os�ny
Case No. 99 C W cY l9
APPLICATION FOR CHANGE OF WATER RIGHT AND FOR APPROVAL OF PLAN FOR
AUGMENTATION
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
Jack Guenther,Trustee Under the Will of Charles F. Urschel, Jr.,in Pitkin County
COMES NOW the Applicant,Jack Guenther,Trustee Under the Will of Charles F.Urschel,
Jr.,by and through his attorneys Patrick&Stowell,P.C.,and respectfully requests the Court enter
an order awarding the change of water right and granting the approval of the plan for augmentation
described herein and, as grounds therefore, states:
1. Name, address and telephone number of Applicant:
Jack Guenther,Trustee Under the Will of Charles F. Urschel, Jr.
do Patrick& Stowell, P.C.
730 East Durant Ave., Suite 200
Aspen, CO 81611
(970) 920-1028
FIRST CLAIM
CHANGE OF WATER RIGHT
2. Name of structure: Stapleton Brothers Ditch Enlargement and Water Right
3. Information from previous Decree:
A. Date entered: November 5, 1971, Civil Action No. 5884, Garfield County District
Court
B. Point of diversion: The decreed point of diversion is located on the west bank of
Maroon Creek whence the North Quarter(N 1/4)corner of Section 15,T. 10 South,
R 85 West of the 6th P.M. bears North 41 degrees, 45 minutes East a distance of
1,348.5 feet (Pitkin County).
C. Source: Maroon Creek
D. Appropriation date: September 22, 1960
Amount: 0.1 cfs of the 6.0 cfs decreed is owned by Applicant and changed in this
application.
E. Use:Domestic,municipal and recreational purposes
4. Proposed change:
Applicant proposes to transfer 0.1 cfs of the subject right,owned by Applicant, to the Urschel
D Well Nos. 1-5.The applicant proposes to construct a central system using two wells of the
Urschel D Wells 1-5. The five wells are to be located in the SWNW of Section 14, T. 10
South, R. 85 West of the 6's P.M.,as follows:
Urschel D Well No. 1: Located at a point 1345 feet from the North section line and
795 feet from the West section line of Section 14.
Urschel D Well No. 2: Located at a point 1430 feet from the North Section line and
770 feet from the West section line of Section 14.
Urschel D Well No. 3: Located at a point 1570 feet from the North section line and
685 feet from the West section line of Section 14.
Urschel D Well No. 4: Located at a point 1695 feet from the North section line and
625 feet from the West section line of Section 14.
Urschel D Well No. 5: Located at a point 1825 feet from the North section line and
555 feet from the West section line of Section 14.
5. The name and address of the owner of the land upon which the point of diversion of the
Urschel D Well Nos. 1-5 and the new place of use is located is: Applicant.
SECOND CLAIM
APPROVAL OF PLAN FOR AUGMENTATION
6. Structures to be augmented: Urschel D Well Nos. 1-5, as described above.
6. Water right used for augmentation:
Applicants have applied for an Allotment Contract from the Basalt Water Conservancy
District. The Basalt Water Conservancy District Allotment Contract will be for 2.5 acre-feet
of water in storage in Ruedi Reservoir for the benefit of the Basalt Water Conservancy
District. Ruedi Reservoir, a component of the Fryingpan-Arkansas Project was originally
decreed in C.A.No.4613, Garfield County District Court, on June 20, 1958,with a date of
appropriation of July 29, 1957; subsequently in Case No. W-789-76 the decreed storage
capacity for this Reservoir was reduced to 102,369 af. Ruedi Reservoir is a component of
the Fryingpan-Arkansas Project,originally authorized for construction by the Act of August
16, 1962 (76 Stat. 389) as amended by the Act of October 27, 1974 (88 Stat. 1486)and the
Act ofNovember 3, 1978(92 Stat.2492),in substantial accordance with House Doc.No. 187
w:\Utschenzsmuneading■AppChgPoaot.wpd 2
Case No. 99CW_, Water Division No. 5
Application for Change of Water Right and for Approval of Plan for Augmentation
83'd Cong., 1'Sess., as modified by House Doc. 353,86'Cong.,2nd Sess., and is subject to
the Operating Principles for the Fryingpan-Arkansas project as set forth in House Doc 130,
87th Cong., 1" Sess. The federal reservoir is operated by the U.S. Bureau of Reclamation
which has contracted for an allotment of water to the Basalt Water Conservancy District.
7. Description of plan for augmentation:
The applicant owns a five lot subdivision, the legal description of which is attached as
Exhibit "A" hereto. In order to provide a legal and physical water supply for the five lots,
Applicant has filed this application.
The development will be served by either a central water system owned and operated by a
homeowners association employing two or more of the Wells described above,or each individual lot
will have a well owned and operated by the lot owner.Each of the lots will have a large free market
home (assumed to have an average year round occupancy of 5.5 persons) and a caretaker unit
(assumed to have an average year round occupancy of 1.5 persons). In-house water demands are
computed on the basis of 100 gpcd,with all wastewater treated by the Aspen Consolidated Sanitation
District("District"). The District discharges treated effluent to the Roaring Fork River at a location
approximately 4,500 feet downstream of the confluence of Maroon Creek and the Roaring Fork River
(hereinafter"District discharge point").The average annual delivery requirement for in-house water
use is 3.921 af/yr with 100% CU. Total annual depletions equals 5.721 af..
In addition,up to 10,000 square feet of sprinkler irrigated lawns per lot will be supplied with water
for lawn irrigation purposes from either the central system described herein or from the Herrick and
Willow Creek Ditch which is not involved herein to the extent water for irrigation purposes is
provided for in this plan (1.15 acres). Lawn irrigation has been computed on a modified Blaney-
Criddle basis with an 80%efficiency factor.Thus,annual diversions required for lawn irrigation of
the 1.15 acres of irrigation would be 2.243 af and annual consumptive use would be 1.80 af/yr(1.57
af/ac).A breakdown of delivery and consumptive use requirements of the development by month is
attached as Exhibit`B".
The point on Maroon Creek where well pumping is depletive to the surface flow of Maroon Creek is
at or near the headgate of the Stapleton Brothers Ditch water right described in the First Claim hereof.
Water diverted for in-house use is considered to be fully consumptive to that segment of Maroon
Creek and the Roaring Fork River between Applicant's depletion pint and the District's discharge
point. Irrigation return flows will return to Maroon Creek at or above the Applicant's depletion point.
Applicant's consultants have opined that water pumped for consumptive use and irrigation return
flows will be logged at an equal rate, such that they will have the same delayed impact to Maroon
Creek. This delay is estimated to be less than 30 days.
W:\Urschel\287a\Pleading\AppChgPoa0I.wpd 3
Case No. 99CW , Water Division No. 5
Application for Change of Water Right and for Approval of Plan for Augmentation
In the event of administrative curtailment as a result of a water right calling from a location
downstream of the confluence of the Fryingpan and Roaring Fork Rivers,release will be made to
offset depletions from Ruedi Reservoir.
In the event of administrative curtailment as a result of a water right calling from a location upstream
of said point and:
A. At a point downstream of the District discharge point: then Applicant will release
water from on-site storage equal to the in-house consumptive use (3%) and lawn
irrigation(80%); or
B. At apoint upstream of the District's discharge point:then Applicant will release water
from on-site storage equal to the diversion for in-house use(100%)and law irrigation
(80%).
An accounting plan, acceptable to the Division Engineer will be developed to facilitate in the
administration of this plan for augmentation and change of water right.
Dated this k4" day of November, 1999.
PATRICK& STOWELL,P.C.
A Professional Corporation
Or/
Y
Kevin L. Patric o. 9124
730 East II t Ave., Suite 200
Aspen, CO 81611
(970) 920-1028
Name and address of Applicant:
Jack Guenther, as Trustee Under
the Will of Charles F. Urschel Jr.
Bexar Savings Tower, Suite 1512
1777 NE Loop 410
San Antonio, TX 78217-5212
W:1Ursche1\287aWleadingWppChgPoa01.wpd 4
Case No. 99CW_,Water Division No. 5
Application for Change of Water Right and for Approval of Plan for Augmentation
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
I,Gary L.Beach,consulting hydrologist,being first duly sworn upon oath,deposes and says
that I have read the foregoing,knows the contents thereof and that the same is true to the best of my
information, knowledge and belief.
�(�--Gary
Subscribed and sworn to before me this �/ day of November, 1999, by Gary L. Beach.
s ltd s,tiWime
cmy
hand and official seal.
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on expires: ("I(,a e ? '
419 i A ti' C
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W:\Ursche1\287aWleading\AppChgPoa01.wpd
W:\Urschet\287a\Pleading\AppChgPoa0l.Wpd 5
DEC-51-1999 15 713 FROI:BEACH 970-925-4754 TO:970 925 664 r r.07701t13
DESCRIPTION-r 1+-493 ACRE PARCEL
..--- -. 4
A tract of /and situate in Section 4 Township 10•South
Range 85 West of the 6th Prine/pa/ Meridian being more I particularly described as follows:
Beginning of 0 pant on the easterly boundary of a tract of
land described In Book 262 at Page 116 of the records of the
Clerk and Recorder of Pitkin Count• Colorado whence the •
South 1/4 corner of said Section 3 bears S 52'09'50 W
517.27 fest; thence N 05'41'34' E J8.27 feet along said
easterly boundary to the southeast comer of a tract of land
described rn Book 262 at Page 112 of sold Pitkin County
records; thence along sold boundary described in Book 262 at .
Page 112 the following four (4) courses: 1) N 05'41:ye E
I 99.72 feet; thence 2) N 14'59:54 W 192.95 feet thence 3)
N 26-34:21e W. 209.66 feet thence 4) S 30'45'19' W 273.06
feet to the northeriy line as described In Book 262 at Page •
116 of said Pitkin County records; thence N 50'79'36' W
717.51 feet along said northerly line to the west line of Lot
1J of Section 3; thence N 0122'00' E 880.39 feet along
said west line of Lot 13 and the west lr.e of Lot 21 of said
Section J to the north line of a tract of land described as
Parcel 8 In Book 525 at Page 84 of said Pitkin County
records; thence along sold north One the following four (4)
courses: 1) N 88'29'27" E 50.46 feet thence 2) N
5?54 22'' E 244.00 feet thence 3) N 8810'27- £ 298.14
Z feet; thence 4) S 89'41:36' £ 70864 feet to a point on the
0 west line of a tract of /and described In Book 272 at Page
40, o/ said Pitt/n County records; thence along said west
line Me following fin (5) courses: 1) 1735 feet along, the
CSC ore o/ o ?531.64 toot radius torus to the n'yAG havig o
ZJ central ong/e of 0.750'46' and subtending o chord bearing
S J7 23 23' E 171.32 feet thence 2) S 2928'00' E
124. 12 feet.- thence 3) 11749 feet along the air of a 5J4.99
foot radius Curve to the right having a central angle of
72'34:58' and subtending a chord bearing S 2.710:71 £
177.25 feet; thence 4) S 16'53'00' E 40.30 feet thence 5)
I 51.38 feet along the arc of a 356.66 foot radius curvy to tin •
/eft, having a centre/ angle of 736'48' and subtending a
chord bearing S 20'4!'14' £ 51.34 feet to the northerly
line of a tract of land described in Book 228' at Page 113 of
said Pitkin County records; thence along said boundary
described in Book 220 at Page 11J the following thrne(3)
courses: 1) N 5716'37' W 77.48 feet thence 2) S
39'432. " W 255.00 feet thence 3) 5 521637 5 0.24
feet to the northerly line of a tract of land described M
Book 258 at Page 874 of avid Pitkin County nscardf; thence
along said line described in Book 258 at Page 874 the
I following two (2) courses: 1) S 40-02'41a W 21.59 feet
thence 2) S 0734J7" E 147. 1J feet to the most northerly •
corner of a tract of /and described in Book 234 at Page 76 of
said Pitkin County records; thence S 01;34'37' £ 150.39
feet along the west line described it Book 234 dt Page 76 to
the northeast corner of a tract of land ascribed in Book 250
at Page 739 of sold Pitkin County Records: thence along the -
boundary described in said Book 250 at Page 139 the following
three (3) courses: 1) S 58'J823' W 311.96 feet thence 2)
S 1SO1:7T E 210.47 feet thence 3) S OSJf 23- W 143.56
feet to the south line of said Lot 13; thence S 89'4521' W
60.90 feet along said south line to the point of beginning.
Icontaining 16.493 acres more or Ins.
•
DESCRIP77ON-10.850 ACRE PARCQ
A tract of /and situate In Sections J and 70, Township 10
South, Range 85 West of the 6th Principq/ Meridian being more
particularly described as follows. •
EXHIBIT Beginning at a point on the south boundary of a tract of land
described in Book 234 at Page 76 of the records of the Clerk .
n A„ and Recorder of Pitkin County. Colorado whence the South 1/4
carne of said Section 3 bean S 70'5520 W 977.48 feet
thence along said boundary.the following six (6) courses: 7)
N 89'4523 E 18215 feet; thence 2) N 22120;2'7' W 61E41
w.s0 I feet thence 3) N 57:76:77' W 111134 feet thence 4) N
nl.n4•tr se vow R9 rfter- thane.. 5) N 37'17•J7' W 544.73
DEC-01-199S 1D:1.3 rnu,•.,_., .. of a tract of land O�sertoso a• a•"^ -- _
the rprljasost. eo"•er . along the
at Page 731 Z old Pitkin County Records: the >. farrowing
• boundary dea�✓u-d In sold Book 250 at Page thence
three (3) courser 1) S a8•Jta' W 31�Jf W 14.x3 2)
S 15--01•3T to E 210.47 of s thence J) rn'27
feet to the south sold south line to the thence of S 8beg beginning,
W
60.90 conto feet along
containing 16493 acres more or roes.
•
DESCR/PnON-10.850 ACRE PARCEL.
A tract Range 85 situate
West of the ct6th Principq/1 Township
Meridian being more
pouch,
particularly described as follows:
land
Beginning at a point on the south boundary of a t a the Clerk
described in Book 234 at Page 76 of the records
and Recorder of Pitkin Count; Colorado whence the South 1/4
corner of said Section 3 boors S 705+14 W 97748 urses: 1)
thence along said boundary the following sir (6) es. f
N 6?th'nce ) 182. 15 51'36'37' thence
W 175.34 feet thence 4) N
feet N 3732'37' W 54.75
•
24•04•137"thence 156.61 feet; thence 5)
feet tAenes 6) N ,3pJ2404' W 34.02 feet to the southeast
874
comer of a tract of lond described in Book 258 at Page
of said Pitkin County records; thence N -Brant' (bed 3M Book
feet along the east boundary of said tract dex
258 at Page 874; thence N 48-.3.337' W 2.75 feet Balong the
northerly boundary described In Book 258 at Page
point on the east line of a tract of land cleschnd 17 Book
' 228 at Page 11J of said Pitkin County records; thence
scribed•In
N 39'4373' E 59.96 feet along soid eastinin of a tract of land
Book 228 at Page 113 to the southerly
described in Book 271 at Page 401. thence along said •
southerly line the following three (J courses: 1) S
48'38'00' E 476.14 feet thence 2210.37 feet along the
arc of a 147.65 foot radius curet to the left haying a
central angle of BltYe'04' and subtending a chord £r ng
; car S B9'?7.OZ" E :9102 feet thence 3) N .
r "� 888. 16 feet to a point on the southerly right—of—way line of
Cordaro a 5780.00 Highway radius 82; thence the left.feet along having a the
central angle of 00.35'38 and subtending a chord Dearing S
3£27'49' E 60.40 feet along said southeny right—of—way
line to a point on the northerly line of aajtract of land h
described in Book 269 at page
records; thence along said northery 'line the thence followingl)four
(4) courses: 1) S 49'43'12' W 885.20 feet,
thence 4) S 2.71712' W 178.04 feet to f the west line
• ref Lot 1 of said Section 10; thence N OO^O0.48' W 630.09
feet along said west line of Lot 2 and Lot 14 of said Section
3 to the point of beginning, containing 10.850 acres mots or
less.
Job No. 3/70 �L+ e. Sol /O, T >O S. , Drvvn by:dote: AUG 96 85 IY, 6'Thr P. gppr. by: ,�- f
Sc ntrtft
•
Urschel Tract D
Consumptive Use Analysis
Delivery Req.=100 gpd/person
File: h:\quattroVlc\0102c.wb2
ASSUMPTIONS
Number of People= 35 people
Domestic Delivery Requirement is= 100 gpd/person
TOTAL Delivery Demands is= 3,500 gpd
Irrigation of Pasture Grasses Delivery is= 1.95 ac-ft/ac
Irrigable area is= 1.150 acres OR 50,000 sq.tt
TOTAL DIVERSIONS TOTAL DEPLETIONS
Domestic Irrigation TOTAL 'Domestic Irrigation TOTAL
Month (ac-f/mth) (ac-f/mth) (ac-tt/mth) (ac-fUmth) (ac-f/mth) (ac-f/mth)
January 0.333 0.000 0.333 0.333 0.000 0.333
February 0.301 0.000 0.301 0.301 0.000 0.301
March 0.333 0.000 0.333 0.333 0.000 0.333
April 0.322 0.000 0.322 0.322 0.000 0.322
May 0.333 0.235 0.568 0.333 0.254 0.587
June 0.322 0.440 0.762 0.322 0.381 0.703
July 0.333 0.454 0.787 0.333 0.502 0.835
August 0.333 0.454 0.787 0.333 0.419 0.752
September 0.322 0.440 0.762 0.322 0.206 0.528
October 0.333 0.220 0.553 0.333 0.038 0.371
November 0.322 0.000 0.322 0.322 0.000 0.322
December 0.333 0.000 0.333 0.333 0.000 0.333
'TOTAL ANN-LAC 3.921 2.243 6.163 3.921 1.800 - 5.721
NOTES:
' 100% Consumptive Factor is due to municipal collection.
Page: 1/1
Date: November 29, 1999
Completed by: Beach Resource Management
EXHIBIT
I nB„
I
CuP
Orig Z Z.
•
Clerk lllll�����J1l11!
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO By
Deputy
Case No. 99 CW S
APPLICATION FOR DIRECT FLOW and STORAGE WATER RIGHTS
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
Jack Guenther,FBO Trust A,Wendy U.Larsen and as Trustee Under the Will of Charles F.Urschel,
Marcella Larsen, individually, and as Trustee FBO Benjamin E. Larsen, in Pitkin County
COMES NOW the Applicants, Jack Guenther, Jr. FBO Trust A, Wendy U. Larsen and as
Trustee Under the Will of Charles F. Urschel, Marcella Larsen, individually, and as Trustee FBO
Benjamin E.Larsen,by and through their attorneys Patrick&Stowell,P.C.,and respectfully requests
the Court enter an order confirming the appropriations of water described herein and, as grounds
therefore, states:
Name, address and telephone number of Applicants:
Jack Guenther,Jr.FBO Trust A,Wendy U.Larsen and as Trustee Under the Will of
Charles F. Urschel
Marcella Larsen, individually, and as Trustee FBO Benjamin E.Larsen
c/o Patrick& Stowell, P.C.
730 East Durant Ave., Suite 200
Aspen, CO 81611
(970) 920-1028
FIRST CLAIM
APPLICATION for DIRECT FLOW RIGHT
1. Name of structure: VU Pipeline Enlargement.
2. Legal description of point of diversion:
The Point of Diversion is the same as for the V.U.Pipeline decreed in Civil Action No.4613,
Garfield County District Court and as instructed in the field. The Point of Diversion is at a
point whence the witness corner to the East Quarter of Section 15,Township 10 South,Range
85 West of the 6th P.M., bears North 27°3'East a distance of 1,047.10 feet.
3. Source: Maroon Creek.
4. Date of Appropriation: September 30,1999.
a. Date water applied to beneficial use: n/a.
•
Water Division No. 5, 99CW
b. How appropriation was initiated: Field inspection, engineering and
formulation of intent to apply water to beneficial use.
5. Amount claimed: 3.4 cfs, conditional.
6. Uses or proposed uses:The filling of the VU Pond System for subsequent use of augmentation;
exchange and irrigation.
7. Legal description and acreage of land to be irrigated:
Up to 1.15 acres generally described in Exhibit"A", attached hereto.
8. The name and address of the owner of the land upon which the point of diversion is located
is: Applicant; the name and address of the owner of the land upon which the place of use of
the water is or will be is:Jack Guenther,Jr.,as Trustee Under the Will of Charles F.Urschel,
do the Applicant.
9. Remarks: The water right is a part of an integrated water supply project filed even date
herewith.
SECOND CLAIM
APPLICATION FOR STORAGE RIGHTS
10. Name of Reservoir: VU Pond System. VU Ponds Nos. 1 and 2.
11. Legal description of reservoir dam:
A map of the pond system is attached as Exhibit "B"hereto.
12. Source: Maroon Creek via deliveries through the VU Pipeline described in the first claim
hereof and the decree awarding the VU Pipleline original construction in Civil Action No.
4613, Garfield County District Court.
13. A. Date of Appropriation: September 30, 1999
B. Date water applied to beneficial use: n/a
C. How appropriation was initiated: Field inspection, engineering and formulation of
intent to appropriate water to the beneficial uses claimed.
14. Amount claimed:VU Pond No. 1 is 1.36 acre-feet,conditional. VU Pond No.2 is 1.08 acre-
feet, conditional.
2
4
Water Division No. 5, 99CW
15. Uses or proposed uses:Direct irrigation,piscatorial and recreational uses and augmentation
and exchange for the benefit of domestic, irrigation and fire protection purposes.
16. Maximum height of dam for VU Pond No. l is 9 feet Maximum height of dam for VU Pond
No. 2 is 9 feet.
17. Length of dam for VU Pond No. 1 is 165 feet. Length of dam for VU Pond No.2 is 200 feet
18. Total capacity of reservoir for VU Pond No. 1 is 1.36 acre-feet Total capacity of reservoir
for VU Pond No. 2 is 1.08 acre-feet.
19. Active capacity of reservoir for VU Pond No. 1 is 1.2 acre-feet. Active capacity of reservoir
for VU Pond No. 2 is 1.0 acre-feet
20. Dead storage for VU Pond No. 1 is 0.16 acre-feet. Dead storage for VU Pond No. 2 is 0.08
acre-feet.
21. Name and capacity of ditch leading to reservoirs: VU Pipleline, 3.4 cfs
22. The name and address of the owners of the land upon which the places of storage are located
are:Applicants;the name and address of the owner of land upon which the place of use of the
water is or will be is: Jack Guenther,Jr. as Trustee Under the Will of Charles F. Urschel.
23. Remarks:The subject right is a component part of an integrated water supply plan filed even
date herewith.
Dated this gat day of November, 1999.
PATRICK& STOWELL, P.C.
A Professional Corporation
By:
Kevin L. Pa, ck No. 9124
730 E. •urant Ave., Suite 200
Aspen, CO 81611
(970) 920-1028
Name and address of Applicants:
Jack Guenther, Jr., as Trustee Under
3
•
Water Division No. 5, 99CW
the Will of Charles F. Urschel and as FBO
Trust A, Wendy U.Larsen
112 E. Pecan St.
San Antonio, TX 78217
Marcella Larsen, individually,and as
Trustee FBO Benjamin E. Larsen
1965 Maroon Creek Road
Aspen, CO 81611
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
I, Gary L. Beach, being first duly sworn upon oath, deposes and says that I have read the
foregoing,know the contents thereof and that the same is true to the best of my information,knowledge
and belief.
Gary L.
Subscribed and sworn to before me this 3D14-'day of November, 1999, by Gary L. Beach.
,-Witness my hand and official seal.
• .• •
co.. My,Commission expires: /`��10 DO
r e& ..I g'1�_.eA/ / i2
o' " o: • ,+lic
w:11.1nschen287.\PkadingMppwrta1..pd
4
CEC401-1999 15:13 FROM:BERCI _ 970-925-4754 TO:9T0 925 6847 P.002e003
tom' •• - -or of a tract of /and descnoeo in o....+ --- _ le
a� northeast skd Pitkin County Records: then 'long e /os•/ng
boundsry, deserted In said Book 250 at Page thence three (J) courses: 1) S 88'3823' W 311.96 2J'/W »36
S 1501•37' E 210.47 feet; thence J) S 89W 2. W
feet to the south old south line to the pa� of winning,
60.90 feet along
I containing 16.493 acres more or less.
•
DESCRIPTION-70.850 ACRE PARCEL •
A tract of land situate In Sections .3 and 100, oow hboing more
South, Range 85 West of the 6th Pnncipq 1 .Meridion
portico/arty described as follows:
Beginning at a point on the south boundary of a tract of land
described m Book 234 at Page 76 of the records of the Clerk •
and Recorder of Pitkin County. Colorado whence the South 1/4
I comer of said Section J bears S 705520' W 977.E feet
thence o/any said boundary the following six (6)
N 894525 E 782.15 feet; thence 2) N 12720:77 W 66.41
feet thence J) N 57'36'37" W 776.34 feed thence 4) N
Iasi 24 04: r W 156.62 feet; thence 5) N 37'32•J7' Jr 54.75
feet thence 6) N 30'32.04' W ..14.02 .feet to the southeast
:g?lrl comer of a tract of land described in Book 258 at Page 874
of said Pitk/n County records; thence N 39'432.Y E 306..12
feet along the east boundary of said tract described m Book
258 of Pogo 874; thence N 48:27 J7' W 2.75 feet taro along the the
northerly boundary described In Book 258 at Page
i point on the east /lire of a tract of land described in Book
228 at Page 11J of said Pitkin Count records; thence
N 39'43.27' E 59.96 feet along said east /Ins described•in
Book .228 at Page 113 to the southerly line of a tract of land
described in Book 272 at Page 401. thence along said
southerly line the following three (J courses: 1) S
48.38'00' E 476.14 feet thence 2 210.37 feat along the
arc of a 147.65 foot radius curve to the left haying a
u. central angle of 81'3804' and subtending a chord bearing
r S 8.7.27'02' E 193.02 feet thence 3) N 49'4400' E
c s' ' B88.16 feet to a point on the southerly right-of-way line of
Colorado State Highway Na 82; thence 60.40 feet along he
an: of a 5780.00 foot radius curve to the left, haying a
central angle of 00:15'55" and subtending a chord bearing S
3627'49' E 60.40 feet along said southerly right-of-way
line to a point on the northerly line of a tract of land
described in Book 269 at page 599 of sold Pitkin County
records; thence 'along said northerly line the following four
(4) courses: 1) S 49•43'12' W 883.20 feet thence 2)
S 403629' W 176.92 feet; thence J) S 44• 7'1! W 904.53
feet; thence 4) S 201772' W 178.04 feet to the west he
- /./of Lot 1 of said Section 10; thence N 0000'46' Jr 630.09
feet along said west line of Lot 2 and Lot 14 of said Section
J to the point of beginning, containing 10.850 acres more OP
less.
Joe No. 8/70
EC, SC&>O, T. 7 0 4-.5 r Drown by:
Ono pr AUC 96'
1? 8S i , 6 .7:N P. Al Appr. by: ,rr OF '
0'In f
1
DECi01-1999 15:13 FROM:BEACH 970-925-4754 TO:970 925 6647 P.0030003
•
4 DESCRIPTION-16.493 ACRE PARCEL
A tract of land situate h Section a Townsh* 10•South.
I Range 85 West of the 6th Princpa/ Meridian being mare •
particularly described as follows:
Beginning at a point on the easterly boundary of a tract of
land described h Boat 262 at Page 116 of the records of the
Clerk and Recorder of Pitkin County, Colorado whence the
South 1/4 corner ence N 054!'3 £ 38.27 feet along� sok1
easterly boundary to the southeast corner of a tract of land
described in Book 262 at Page 112 of said Plain County 62 of
records; thence along said boundary described in Book
Pope 112 the following four (4) courses: I) N 05'4134" E
I
99.72 feet; thence 2) N 743.9'36' W 192.95 feet thence 3)
N 28'3421" W 209.66 feet thence 4) S 38'4.5'19' W 27308
feet to the northerly line as described in Book 262 at Page
116 of said Pitkin County records; thence N 5719'36' W
117.51 feet along said northerly tine to the nest line of Lot
7J of Section 3; thence N 072200' E 880.39 feet along
said west line of Lot 1J and the west line of Lot 21 of said
Section 3 to the north line of a tract of land described as
Parcel 8 in Book 525 at Page 84 of said Pitkin County
records' thence along sold north line the following four (4)
courses: 1) N 88'29 27' E 50.46 het; thence 2) N
I 89'5427" E 244.00 het thence 3) N 88.1027' E 296. 14
�� feet thence 4) S 89141'36' E 108.64 feet to a point on the
O west line of a tract of land described h Book 272 at Page
401 of said Pitkin County records; thence along said west
line the following five (5) courses: 1) 171..35 feet along the
CA arc of a 2552 foot ot radius curve to the right having a i.;" central angle of 03'50.46• and subtending a chord bearing
S 32-2.5'23" E 771.32 feet' thence 2) S 29'28 G0" E
124. 12 feet; thence J) 117.49 feet along the arc of a 534.99
foot radius curve to the right, having a central angle of
1234'58' and subtending a chord bearing S 2.'1037 E
117.25 feet; thence 4) 5 16-.5.5100" E 40..30 feet thence 5)
I 51.38 feet along the arc of a 386.56 foot radius cure to the •
left, having a central angle of 7'36'48' and subtending a
chord bearing S 20'4124" E 51.34 feet to the northerly
line of a tract of land described in Book 229 at Page 113 of
said Pitkin County records; thence along said boundary
described in Book 228 at Page 113 the following three(J)
courses: 1) N 521637. W 77.48 feet thence 2) S
37.4323' W 255.00 feet thence J) S 5216'37' E 0.24
feet to the northerly line of a tract of and described in
Book 258 at Page 874 of said Pitkin County records; thence
along said line described in Book 258 at Pogo 874 the
I following two (2) courses: 1) S 40'02'41' W 21.59 feet
thence 2) S 073437' E 147. 13 feet to the most northerly
corner of a tract of /and described in Book 2.34 at Page 70 of
sold Pitkin County records: thence S 01'34'37' E 75939
feet along the west line described in Book 234 at Page 76 to
the northeast corner of a tract of /and described in Book 250
at Page 739 of said Pitkin County Record,; thence along the . .
boundary described in said book 250 at Page 139 the following
three (3) courses:. 1) S 88'382.7. W J71.96 feet thence 2)
S 1SOt37' E 210.47 feet; thence 3) S 05'37'23" W 14.136
feet to the south line of said Lot 13; thence S 89'4527' W
60.90 feet along said south line to the point of beginning,
Icontaining 16.493 acres more or less.
•
DESCRIPTION-70.850 ACRE PARCEL •
A tract of /and situate in Sections J and 70, Township 10
South, Range 85 West of the 6th Principq/ Meridian being more
particularly described as follows: •
EXHIBIT Beginning at o point on the south boundary of a tract of land
described in Book 234 at Pogo 76 of the records of the Clerk .
I „A• and Recorder of Pitkin County, Colorado whence the South 7/4
corner of said Section 3 bears S 70'55206 W 97748 feet
thence along said boundary the following six (6) courses: 7)
N 89'4525 E 182.15 feet; thence 2) N 2277037' W 6641
'zr4 feet thence 3) N 51'36:37' W 116.34 feet thence 4) N
.7i.ni•Tr W tee R9 r..r- rn.nr•. .Si N 37•1137. W 54.75
PDU• -1999 19:15 FR71:BEFlCH EXHIBIT 10:970 925 6847 P.004•004
I „H"
p; -.9ifei . (//prriar .77 . . -7/,,,r, Hsi: 4,1-<.
, (I , it.-.. ..., f4 ( ('
//. :(<1e4 I c'i .11 'II 1 I ' , )- cf ,4
. .k.- , , II. 1 r .:0010ticm--(-?--) . -,/ :) \ , \ ili
/ . " . , ,,:',*7) f , / . i i i 1 A . i 1
/k'r ...., . a .7. )2 .r , , ,.. i
7,, , . . .
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...,,, , ,,, , /..,
... ..; 2,4,,, i, i, ./ ,
..., ., ;.... , .. ,,
9. ,
! � ,/ Jam. 'I, .i ril 1 �0 V III,y..::::_re yi •p ; I _ : , -- _ //iv, , f 77.,i.
<. ��) 4
j i �s /� 799 . -1 �;
/i• �// ./ ii' 1 # 7993.4 cr., no .
I
/11_
m ' 20' Stie4 . a di,,
\. L f /'
/- . 0° , ' , ,1 sooe. i
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r_.P_ W )2 008.7. r , " 14�t l
� /� ; 8008.2 I \ - ,\, - •% / /
st * %;\ •• i ii f/ / .‘ '. , 1'
zpe.4$ ".--: .;,- .0 /, . ..__,..j/ \ ‘`, .‘ ..-. I 0 ,i,?
z-,.. _ 4../ i : r;I ,I.11 i \
27 : T57 r
2 i
Beach
F! GENERAL LOCATION MAP
LTRSCHEL PONDS
Resource Management. LLC
Aspen, Colorado November 1999
SCALE: 1" = 100't SW% Section 15, T1OS, ROW, 6th P.M.
EXHIBIT 12
Aspen Consolidated Sanitation District RECC%VE
P 1999
Sy Kelly * Chairman John Ke1e1-5
Paul Smith * Treas Frank Lous$& ---
Michael Kelly ' Secy Bruce Matherly, Mgr
September 15, 1999
Ron Thompson, Project Manager
SGM
118 W. 6th, Suite 200
Glenwood Springs, CO 81601
Re: Urschel Tract D
Dear R.c'n.
This letter is written to confirm that we have received the petition for inclusion for the Urschel
property which scheduled for board action on the 5th of October. I don't anticipate any problems
with the inclusion.
We currently have both collection and treatment capacity available for the project. Service would
be provided by the main that is located in Tiehack Road. If downstream constraints exist in the
collection system they will be eliminated through a system of additional proportionate fees. As
detailed plans for the individual lots become available, tap permits can be completed. We require
tap fees top be paid prior to the issuance of building permits. As usual, service is contingent upon
compliance with the District rules, regulations, and specifications which are on file at the District
office.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537
01/14/00.,,FRI 09:02„FAX 1 970 94S 5xo7 943 SCHYPESER GORDON MEYER ®001
u,u tit ACSD
.. _ ®0002/0007
•
£pen Consolidated Sanitation District
Sy Kelly' Chairman )nhn Keleher ,
•
Paul Smith •Trees Franc=Louellin7
Michael Kelly• Sccy Bruce Matherly, Mgr
January 13, 1996
•
. Ron Thompson
SGM
118 West.6th, Suite 200
Glenwood Springs, CO 81601
Re: Urschel Inclusion
•
Dear Ron'
•
A copy of the Court's Order of Inclusion for the Urschel property follows. The inclusion was
completed on the 4th of January. •
Please call if you have any'questions.
Sincerely,
•
•
Bruce Matherly
District Manager
•
•
•
Post-it Fax Note 7671 O0ie t/!4/coo 1486). a
Vnsn3 Flom Q -r-
• Co./Dept. Co L' M
Phone• Phpne•445 '1004
Fax" 41 2b - 9,10 Fax•
565 N. Mill SI.,Aspen, CC)81611 / (970)925-3601 / FAX (970) 925-2537
01/141.00 -.FRI 09:,0: FAX 1 970 aa5 Saa9 SCHYUESER GORDON MEYER 1002
�Y/Y YY8 aaOT ACSD �0003/0003
y✓
- I LULL 11111 NIN IINI1111 NNI II NII flN
4391/5 11/14/2110 11:411 1W'" IO OAVIS SILVI
1 of 1 R SAO O 1.11 N 1.8e PITKIN COUNTY CO
•15.., CCttI%t
DISTRICT COURT, COUNTY OF PITKIN,STATE Of c9L,ORCiff50.;-1t
Case No. 83 CV 170
2 13, 11'1'14
u
COURT'S ORDER OF INCLUSION pSPetl• COlOA A00
I '
IN THE MATTER OF THE ASPEN CONSOLIDATED SANITATION DISTRICT
THIS MATTER coming before the Court upon Petition and filing of an Order of the Board
• of Directors of the Aspen Consolidated Sanitation District granting the inclusion of certain additional
real property into the District;and it appearing to the Court from the Board's Order that the property
hereinafter described is capable of being served with facilities of the District and that the fee owner
of such property,the Estate of Charles F. Urschell,Jr.,filed with the Board of Directors a Petition,
which Petition is in the manner and form prescribed by statute; and it further appearing that the
Board of Directors on October 5, 1999,at the hour of 4:00 p.m.,after duly publishing notice of the
filing of said Petitioner for a period of two consecutive weeks,proof of which publication is attached
to District's Petition,duly granted said Petition and on said date made and entered an Order to that
effect, which Order has been filed with the Clerk of this Court:
THAT PART OF THE S.W. CORNER, N.W. CORNER OF SECTION 14,
TOWNSHIP 10 S.RANGE 85 WEST OF THE SIXTH P.M.LINE NORTHERLY
AND WESTERLY OF THE NORTHWESTERLY BANK OF MAROON CREEK,
IN THE COUNTY OF PITKIN, STATE OF COLORADO
IT IS THEREFORE ORDERED:
1. The above described real property be included within the Aspen Consolidated
Sanitation District:
2. That this Order of Inclusion shall be filed and recorded in accordance with the
provisions of C.R.S. §32-1-105 as amended; and
3. After the date.'inclusion as fixed by the filing, such property shall be subject to •
terms and conditions of inclusion and all other taxes,charges, impositions,rules, regulations,and •
obligations of the District pursuant to C.R.S. §32-1-402, as amended.
So ordered this Y- day of es i, . ���n .
C 2i is ICr. F CF MAILING ",
-
Cergy t .t : --^vof
n tO a.,
F j strict Court Jt Ztetn w .r •t .orovioga: 4..1 p, n.
• Or YDttc�cr-ut/,( Fi0
�� Dats
KN Energy, Inc.
in
• 0096 County Road 160
ENERGY Glenwood Springs, CO 81601
(970) 928-0401 Office
(970)928-0406 FAX
t '
07/26/99
.,i5 a
• Schmueser Gordon Meyer
Ron Thompson
118 West 6's, Suite 200
Glenwood Springs CO 81601
RE: Urschel
Dear Ron:
I have reviewed your drawings and determined that it will be possible to serve this
development from the Maroon Creek Club, however the exact location of tie in has not
been determined at this point. Please forward me this drawing in electronic format so we
can continue our engineering processes.
The need for the electronic format will be consistent in all projects going forward. So as
to expedite returning the needed information back to you I request that you forward me a
disk or e-mail (gall, evans(ajcne.com) of the final plat with roadways, dedicated easements,
lot lines, building envelopes, and other proposed utilities as soon as a firm plan becomes
available to you.
Please contact me with any questions.
Sincerely,
Gary Evans
Retail Leader
Jul-19-99 12:31 From-USNEST FIF'- 5NG GJT 9702444349 T-859 P.01/01 F-785
nr .
COMMUNICATIONS
7-19-99
SCHMUESER GORDON MEYER.INC
ATTN: RON THOMPSON,PROJECT MANAGER
118 WEST 6TH,SUITE 200
GLEN WOOD SPRINGS,CO.81601
970-945-1004 OFC
970-945-5948 FAX
RE: URSCHEL TRACT D
US WEST COMMUNICATIONS WILL PROVIDE TELEPHONE SERVICE,TO THE ABOVE
MENTIONED PROJECT AS REQUIRED BY TARIFFS,FILED through THE COLORADO PUBLIC
UTILITY COMMISSION.
IF YOU HAVE ANY QUESTIONS PLEASE CALL
1-970-244-1308
SINCERELY
GARY GIBSON
MANAGER
.Vp�V4YYn
-.4__.. r..aYn v••••a
VO/ice/V• 1YY aaa1 1'1V a VIV Y�Y VI7Y
(s70)945.1004 -M--_----_=- 118 West en,1 sane 200
80011.02
FAX(970)945-5948
____ _ Glenwood Sonngs CO 87601
August 19, 1999
Mr. Mike Johnson VIA FAX 925-4106
ICI - Aspen •
201 AABC -
Aspen, Colorado 81611
RE: Urschel Tract D
Dear Mike:
This five-lot subdivision is at the end of Tieback Road, Maroon Creek Club. We
are proposing to tie onto your existing facilities at the end of the cul-de-sac and
run utilities 845 ft. to the end of this road extension. Please sign this letter of
your utility's ability to serve this project. Feel free to mark up the plan sheet with
any facilities you may require such as pedestals and transformers.
Sincerely,
Schmueser Gordon Meyer, Inc. TCI — Ability to Serve
!Ron Thompson, Project Manager Ail
Mike Jo nson
k..4vrvro- CooraAtiAl
92A76E.Shabyle4Z RtIg
N3dSd 3ladD ID1 Wd60:30 66, 02 9fld
I 'd