HomeMy WebLinkAboutordinance.council.006-01 ORDINANCE NO. 6
(SE~ES OF 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE CONSOLIDATED CONECEPUTAL & FINAL PLANNED
UNIT DEVELOPMENT AND SPECIALLY PLANNED AREA FOR ISELIN PARK
AND APPROVING AN EXEMPTION FROM THE SCORING AND
COMPETITION PROCEDURES OF THE GROWTH MANAGEMENT QUOTA
SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2735-142-00-851
WHEREAS, the Community Development Department received an application
from the City of Aspen, owner and applicant, prepared by Otak Rock Creek Studio, dated
December 4, 2000, and plans dated November 15, 2000, for a Consolidated Conceptual
& Final Planned Unit Development (PUD) approval for a +/- 80,000 sq. ft. recreational
structure including swimming pools, ice rink, youth center, accessory sport shop, snack
bar/restaurant, and other appurtenant uses; recreational fields and a 120 car parking lot
and; for a Specially Planned Area (SPA) approval for a deed restricted affordable housing
unit; and for exemption to the Growth Management Quota System (GMQS) as an
essential public facility, for a property located on the west side of Maroon Creek Road
within the City of Aspen; and,
WHEREAS, the subject property is approximately 19.35 acres in size, and is
located in the Park Zone District; and,
WHEREAS, the subject property is designated as "Aspen City Park" on the
Future Land Use Map of the 2000 Aspen Area Community Plan, identifying the land as
appropriate for community and recreation uses; and
WHEREAS, pursuant to Section 26.440 (SPA), Section 26.445 (PUD) and
Section 26.470.070 (GMQS) the City Council may approve a Specially Planned Area,
Planned Unit Development and Exemption to the Growth Management Quota System
during a duly noticed public hearing after considering a recommendation from the
Planning and Zoning Commission made at a duly noticed public hearing, comments from
the general public, a recommendation from the Community Development Director, and
recommendations from relevant referral agencies; and,
WHEREAS, pursuant to Section 26.425.040 the Planning and Zoning
Commission through Resolution No. 5, Series of 2001 approved of a Conditional Use
allowing for a recreation structure, accessory sport shop and snack bar/restaurant during a
duly noticed public hearing after considering a recommendation from the Community
Development Deputy Director, comments from the general public, and recommendations
from relevant referral agencies: and
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WHEREAS~ the Aspen/Pitkin County Housing Authority recommended approval
finding that the affordable housing mitigation requirements were met; and
WHEREAS, the Community Development Deputy Director recommended
approval of the Planned Unit Development, Specially Planned Area for an affordable
housing unit in the Park Zone District and for an Exemption to the GMQS as an essential
public facility; and,
WHEREAS, pursuant to Section 26~470.070(J), the City Council may approve a
GMQS Exemption for Essential Public Facilities after considering a recommendation
from the Growth Management Commission at a public hearing. Such GMC hearing was
conducted on February 20, 2001, continued to February 27, 2001 with a GMC
recommendation to approve the exemption as contained within GMC Resolution No. 01,
Series of 2001; and,
VOtEREAS, during a duly noticed public hearing on September 6, 2000, the
Aspen/Pitldn County Housing Board and staff recommended approval to Council of the
GMQS Exemption for Iselin Park as an essential public facility and affordable housing
and recommended employee mitigation for 19.3 FTE's for the project with one on-site
unit satisfying 2.25 FTEs with all other mitigation provided through the purchase of units
at the Truscott PUD and through utilizing credits at the Water Place Housing Project;
and,
WItEREAS, the Aspen Planning and Zoning Commission conducted a duly
noticed public hearing on January 2, 2001, on January 30, 2001 and then on February 6,
2001, where the Planning and Zoning Commission opened a public hearing, took
testimony and closed the public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission found that the
development proposal meets or exceeds all applicable development standards of the PUD
and SPA provisions of the Land Use Code and that the approval of the development, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan
and recommended approval to the City Council through Resolution No. 5, Series of 2001
and forwarded a recommendation through Resolution No. 7, Series of 2001 regarding roof
height specifically; and,
WI-IEREAS, the City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission and
Commun/ty Development Deputy Director, the Housing Authority Board, the Growth
Management Commission, the applicable referral agencies, and has taken and considered
public comment at a public hear'rog on February 26, 2001; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
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Isclin PUD/SPA~GMQS Ord. No.6, 2001 - 2 -~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Iselin Park project as put forth in the Iselin Park Consolidated Conceptual/Final
PUD/SPA application dated December 4, 2000, and associated plan set dated November 15,
2000, as amended through the conditions contained herein, is hereby granted approvals for
Consolidated Conceptual & Final Planned Unit Development, Specially Planned Area and
Exemptions from the Growth Management Quota System as an Essential Public Facility,
subject to the conditions of approval listed hereinafter.
Section 2:
Conditions of Approval:
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to Section
26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights-of-way, and
location of utility pedestals.
b. The dimensional requirements for the PUD and SPA shall be noted as follows:
Minimum Lot Size: 15 acres
Minimum Lot Area per dwelling unit: 15 acres
Minimum Lot Width: 250 feet
Minimum Front Yard: 30 feet
Minimum Side Yard: 25 feet
Minimum Rear Yard: 500 feet
Maximum Height: 60 feet
Percent of Open Space: 50 percent
External Floor Area Ratio: 0.25:1
Internal Floor Area Ratio: N/A
Off Street Parking: Recreational Uses: 1 space per 1,000 sq. feet
Off Street Parking: Residential Uses: 1 space per bedroom
c. A drawing representing the project's architectural character.
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d. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, trails and the dimensional requirements as approved.
3. That the Applicant prepares a parking mitigation plan for review and approval by the
City's Parking Department for the construction period.
4. That the Events/Parking Coordinator of the Parks and Recreation Department notifies
the City Parking Department prior to special events for increased patrolling of
parking.
5. That the Applicant prepares an emergency access plan for review and approval by the
Aspen Fire Marshal prior to the issuance of a building permit for the facility and.
6. That the Applicant prepares a special events seating plan which meets with the
approval of the Aspen Fire Marshal and the Chief Building Official for compliance
with escape route and Uniform Building Code occupancy provisions. Such seating
plan shall be abided by for all major events and provided to facility operations staff,
event organizers and promoters.
7. That the Applicant files a final drainage plan that meets with the approval of the City
Engineer prior to the issuance ufa building permit. The drainage plan, shall include
an erosion control plan, prepared by a Colorado licensed Civil Engineer which
maintains sediment and debris on-site during and after construction. Ifa ground
recharge system is required, a soil percolation report will be required to correctly size
the facility. A 2-year storm frequency should be used in designing any drainage
improvements.
8. That the Parks and Recreation Department utilize best construction practices to
ensure protection of the existing vegetation and other landscape features on the site.
9. That the Applicant implements a combination of incentives and disincentives to
ensure that traffic will not significantly increase, and that traffic will be limited to
parking available at the Iselin facility and parking areas noted within the application.
10. That the Applicant will implement the applicable and reasonable parking and
transportation management strategies outlined in the Charlier Report dated February
6, 2001.
I 1. That the Applicant submits an audit of employees of the facility to determine whether
additional mitigation is necessary. Such audit shall be conducted two years after
certificate of occupancy, the cost of which shall be borne by the applicant
12. That a formalized operational agreement regarding event scheduling and parking lot
usage between the Aspen School District, City of Aspen Parks and Recreation
Department, Aspen Valley Ski Club and the Aspen Ballet be provided prior to
certificate of occupancy.
13. That the lap pool and pool areas meet the CHSSA regulations for competitive high
school swinmaing meets.
14. That the housing mitigation calculation, as amended to reflect the project's revised
square footage/employee generation and use of Truscott Affordable Housing units
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and Water Place credits, as prepared by the Housing Authority staff, be implemented
for employee generation mitigation.
15. That City Staff evaluates, in conjunction with the new bus service provided through
the Aspen Highlands Village PUD mitigation requirements, the effectiveness of a
dedicated bus for Maroon Creek Road service.
16. That the Applicant provides a final detailed lighting plan for review and approval by
the Community Development Director to ensure proper lighting levels and
conformance with the technical components of the City's lighting code.
17. That the City's Transportation Manager reviews and approves the final PUD Plan to
evaluate RFTA service to the site and the final site plan details to ensure efficient,
safe and convenient service.
18. That some type of temporary Maroon Creek Road crossing improvement be
provided, such as a raised and/or painted crossing walk and/or a temporary
pedestrian-activated crossing light. Such crossing would be necessary if the
pedestrian bridge is not constructed at the time of certificate of occupancy of the
Iselin Park facility
19. That the Applicant provides for and schedules an on-site review by Community
Development and Parks and Recreation Staff, including the City's landscape
architects, to ensure that the Maroon Creek Road berm will serve the function of
dissuading "shortcutting" by pedestrians from the school campus to the Iselin facility.
The applicants shal~ notify the Community Development Director once the berm is in
preliminary form (but prior to landscape installation).
20. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin
County Clerk and Recorder.
21. The building permit application shall include:
a, A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A parking mitigation plan (approved by the Parking Dept.) and construction
traffic management plan (approved by the Engineering Dept.)for activity during
construction time.
e. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of
removed trees.
22. The building permit plans shall demonstrate an adequate fire sprinkler system and
alarm system for the recreational building in accordance with Aspen Fire District
requirements.
23. The primary contractor shall submit a letter to the Community Development Director
stating that the conditions of approval have been read and understood.
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24. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay paymem of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
25. All construction vehicles, materials, and debris shall be maintained on-site and not
within public rights-of-way unless specifically approved by the Director of Streets of
the appropriate jurisdiction.
26. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
27. The applicant shall not track mud onto City or County streets during construction. A
washed rock or other style mud rack must be installed during construction.
28. All uses and construction shall comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
29. A fugitive dust control permit will be required during construction.
30. Slope stabilization, erosion control, and sediment control measures need to be
implemented before, during, and after construction.
31. That City Staff shall work with CORE to enhance the overall energy efficiency of the
building, particularly with regard to the use of solar power. To advance this objective,
City Staff shall request REMP funds and evaluate the use of general funds where
there would be a cost benefit to achieve greater energy efficiency over time.
32. That City Staff conduct a biennial parking review at years 2 (two) and 4 (four)
following the issuance of a Certificate of Occupancy to evaluate the effectiveness of
the parking plan and recommend modification if determined to be necessary.
Section 3:
This Ordinance acknowledges the representations made by the City of Aspen City Council
to the Pitkin County Board of County Commissioners with regard to parking enforcement,
Maroon Creek Road maintenance, and construction management through the inclusion of
the following conditions.
1. Prior to issuance of a building permit the City shall submit a construction
management plan to the County Engineer for review.
2. Prior to issuance of a building permit, the City shall agree in writing to the County
that the following shall be accomplished:
A. The City shall be responsible for all parking enforcement issues that are
associated with the newly developed Iselin recreation facility as they relate
to Maroon Creek Road.
1. The City shall contact MCDC within 60 days from the date of
issuance of the building permit in order to determine if use of the
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Tiehack parking lot is feasible for nighttime use or if other
alternatives must be explored.
B. The City shall either reach an agreement with the County for the cost of
maintaining Maroon Creek Road (between the roundabout and the
southernmost boundary of the Iselin Park property) or annexing (between
the roundabout and the southernmost boundary of the Iselin Park
property) Maroon Creek Road based upon the following:
1. The County shall supply an engineering study confirming the
integrity of the road. This study shall be conducted at a mutually
agreed upon time between the City and the County engineering
departments but in no case shall be later than August 15, 2001.
Based upon the results of the study, the City and County shall
further negotiate the annexation of the road or maintenance of the
road.
The County agrees to the resurfacing of Maroon Creek Road from
Iselin to the Maroon Bells between June 1 and June 30, 2001. The
City agrees to pay up to one third of the cost of resurfacing
Maroon Creek Road between the roundabout and Iselin once a
mutually acceptable schedule is determined.
2. The City shall not be responsible for maintaining or annexing
Maroon Creek Road (between the roundabout and the
southernmost boundary of the Iselin Park property) until such time
buildings number 4, 5, 7, and 8 in the Aspen Highlands Village
have CO's. This allows the City to realize new revenues that will
allow for the assumption of added services.
Section 4:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, in public hearing or documentation
presented before the Housing Authority Board, Growth Management Commission, or City
Council are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 5:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
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shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on this 12th day of February, 2001.
~( ; ' t~. ~h' City Clerk Raeh E. Richards, Mayor
.~,~[ ~ ~ Rach~ E. Richard /Iayor
~i~'dopted, passed and approved this 27th day of February, 2001.
" ' Clerk
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C:home:j oyce:IselinCCOrd2nd
Iselin PUD/SPA/GMQS Ord. No.6, 2001 - 8 -
PUD AGREEMENT
BY
TIlE CITY OF ASPEN
FOR
ISELIN PARK
This PUD AGREEMENT is hereby entered into by the City of Aspen for the Iselin Park
development as approved by the City Council by Ordinance No. 6, Series of 2001.
The City of Aspen hereby agrees to abide by all the terms and conditions of approval as set forth
in Ordinance No. 6, Series of 2001, approving the consolidated Conceptual and Final Planned
Unit Developmem and Specially Planned Area for Iselin Park.
In that the City of Aspen is the owner of the subject property, it hereby agrees to comply with
Section 26.445.070(C) of the Aspen Municipal Code; specifically, the requirements for financial
guarantees for landscape m~d public facility improvements required by Ordinance No. 6, Series
of 2001.
IN WITNESS WHEREOF, the City of Aspen, by its Mayor, hereto agrees to the
foregoing.
The City of Aspen, Colorado,
a municipal corporation
Attested By: ~
Approved as to Form:
John P. W~or~ester
City Attorney
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PUBLIC INGRESS, EGRESS EASEMENT
(City as Grantee)
This PUBLIC INGRESS, EGRESS EASEMENT is made and entered into this I~4~
day of ..~xt-¥ 2001, by and between Thomas A. Moore (hereinafter referred to as
"Grantor") and the City of Aspen, Colorado, a home rule municipality (hereinafter referred to
as "Grantee").
WITNESSETH
WHEREAS, Grantor desires to grant to Grantee a certain easement for the purposes
and uses set forth below, over and across real property located in the County of Pitkin, State of
Colorado, more particularly described in Exhibit A, attached hereto and made a part hereof by
this reference, (hereinafter referred to as the "Easement"); and
WHEREAS, Grantee desires to accept said Easement upon the terms and conditions set
forth below;
NOW, THEREFORE, for and in consideration of the stun of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and
assigns, for the benefit of the general public, an ingress, egress easement over and across the
area described in the easement depicted in Exhibit "A" appended hereto and by this reference
incorporated herein; subject to the terms and conditions set forth below.
1. Term. The easemem shall remain in effect in perpetuity from the date hereof,
unless sooner terminated as provided herein.
2. Purposes and Uses. The easement shall be for public ingress and egress to the
Iselin and rotary Park property as depicted and described in the location and manner set forth
in Exhibit "A" hereto. To this end the grant and conveyance includes the rights and privileges
necessary or incident to the reasonable and proper use as described above of the easement in
and to, upon, over, under and across the Grantor's property.
3. No Easement for Access. Nothing herein shall be construed to grant an
easement across other property of the undersigned in order for individuals to gain access to the
trail easement. The City shall provide and maintain reasonable access and trailhead points in
order to minimize opportunities for entering or leaving the easement.
4. Indemnification. It is the intention of the parties to make the land for which
ingress and egress is sought available to the public for recreational purposes without charge,
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and to limit the parties' liability to persons entering thereon for such purposes. In the event
that either or both of the parties might otherwise be liable under applicable state statutes,
Grantee hereby agrees, to the extent permitted by law, to indenmify and hold Grantor harmless
from and against claims or awards for loss, damage or any liability including reasonable
attorney's fees and costs, which may result from Grantee's acts or omissions covering and
including, but not by way of limitation, installation, excavation, fill, construction,
maintenance, repair, replacement, public use or location of the trail or attendant facilities, as
subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a
waiver of Grantee's rights as provided in Section 24-10-101, e_t se__q., C.R.S.
5. Easement subject to Prior Agreements. The rights and privileges granted by
this easement are subject to prior agreements, easements, and conveyances recorded, or
unrecorded. Grantor represents that it has no knowledge of any recorded or unrecorded
agreements, easements or conveyances with respect to such property that would preclude
Grantee from using the property for a trail as contemplated herein.
6. Reasonable Care. Grantee agrees to use reasonable care in construction of
improvements within the area of the easement, and agrees to avoid damage to the surrounding
land and improvements thereto, and further agrees to restore such land and improvements to
their condition immediately prior to any construction, improvements or repairs to the trail.
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IN WITNESS WHEREOF, the parties have executed the foregoing on the day and year
above first given.
GRANTOR: GRANTEE:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
SubScribed and sworn to before me by~-~t~Ogl~ A. (~q[ ~/~o]~tln ]]- ~¢J~s
IZ~day of ~1~[~/ ,2001. Wimess my hand a~d-official seal.
!
My com~ssion expires: tm~/ tS, 2W¢/
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PEDESTRIAN TRAIL EASEMENT
(City as Grantee)
This TRAIL EASEMENT is made and entered into this [Z~rt-3 day of -3clc¢(
2001, by and between Thomas A. Moore (hereinafter referred to as "Grantor") and the City of
Aspen, Colorado, a home role municipality (hereinafter referred to as "Grantee").
WITNESSETH
WHEREAS, Grantor desires to grant to Grantee a certain easement for the purposes
and uses set forth below, over and across real property located in the County of Pitkin, State of
Colorado, more particularly described in Exhibit A, attached hereto and made a part hereof by
this reference, (hereinafter referred to as the "Easement"); and
WHEREAS, Grantee desires to accept said Easement upon the terms and conditions set
forth below;
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and
assigns, for the benefit of the general public, a trail easement over and across the area
described in the easement depicted in Exhibit "A" appended hereto and by this reference
incorporated herein; subject to the terms and conditions set forth below.
1. Term. The easement shall remain in effect in perpetuity from the date hereof,
unless sooner terminated as provided herein.
2. Purposes and Uses. The easement shall be for the installation, construction,
operation, use, inspection, repair and maintenance of a trail suitable for bicyclists, pedestrians,
cross country skiers, snowshoers, and for other similar recreational purposes, over and across
Grantor's property in the location and manner set forth in Exhibit "A" hereto. To this end the
grant and conveyance includes the rights and privileges necessary or incident to the reasonable
and proper use as described above of the easement in and to, upon, over, under and across the
Grantor's property.
3. No Easement for Access. Nothing herein shall be construed to grant an
easement across other property of the undersigned in order for individuals to gain access to the
trail easement. The City shall provide and maintain reasonable access and trailhead points in
order to minimize opportunities for entering or leaving the easement.
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4. Indenmification. It is the intention of the parties to make the land available
to the public for recreational purposes without charge, and to limit the parties' liability to
persons entering thereon for such purposes. In the event that either or both of the parties
might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent
permitted by law, to indemnify and hold Grantor harmless from and against claims or awards
for loss. damage or any liability including reasonable attorney's fees and costs, which may
result from Grantee's acts or onnssions covering and including, but not by way of limitation,
installation, excavation, fill, construction, maintenance, repair, replacement, public use Or
location of the trail or attendant facilities, as subsequently determined by a court of competent
jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section
24-10-101, ~ seq., C.R.S.
5. Easement subject to Prior Agreements. The rights and privileges granted by
this easement are subject to prior agreements, easements, and conveyances recorded, or
unrecorded. Grantor represents that it has no lcnowledge of any recorded or unrecorded
agreements, easements or conveyances with respect to such property which would preclude
Grantee from using the property for a trail as contemplated herein.
6. Reasonable Care. Grantee agrees to use reasonable care in construction of
improvements within the area of the easement, and agrees to avoid damage to the surrounding
land and improvements thereto, and further agrees to restore such land and improvements to
their condition immediately prior to any construction, improvements or repairs to the trail.
I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII fill IIII
456437 07/12/2001 02:05P EASEHENT DAVIS SILVI
2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
IN WITNESS WHEREOF, the parties have executed the foregoing on the day and year
above first given.
GRANTOR: GRANTEE:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me
],~44~ day of ~'~,cl ~ ,2001. Witness my han[l and official seal.
My commission expires: ].~, ~Oc/
Address: /5 ~. ~-gZ/E.fl~, 2Z~, ~-~
JPW4Y7/10/2001 -G: \john\word\agr\Moore-ped-e ase.doc
I IIIlll Illll Illlll Illlll Illll IIlll IIIII lit Illll lilt lilt
456437 07/1.2/2001 02:05P EASEMENT DAVIS SILVI
3 o¢ 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
PEDESTRIAN EASEMENT EXHIBIT IfAP:
MOORE PROPERTY
A PARCEL OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 14, T0~fNSHIP 10 SOUTH, I~NGE 85 ~EST OF THE 6th P.M.
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 1 OF 2
PEDESTRIAN
EA SEMEN T
\Xxx x"x ZITY
EA SEMEN T
OF
o
ISEL/N AND'
ROTARY PARK
EA SEMEN T
SECTION 11
85 W OF 6th
',EBAR & CAP,
IDLE (LS. #9018
~ RECORD) PROJECT
BENCHMARK
E.~V; = 8044.11'
CURVE TABLE [ LINE TABLE
CURVE LENGTH RADIUS ~TANGENT CHORD SEARING DELTAt LINE LENGTH SEARING
CP1 129.76' 700.00'! 65.06' 129.57' S60"21~58"E 10"37'1A" LP1 50,85' N~'5~';31"W
' 163.57'
CP2 89.02' 68.57' 52,03' 82.90' S76'06'39"E 74"22'39" LP2 N55'41 '39"W
CP3 104.45' 195.00' 53.51' 105.21' S54'16~,01"£ 50'41'24" LP5 326.24' N55'41 39"W
CP4 152.25 180.28' 80,98' 147.75' S45'25'17"E 48'22'51"
I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII
NOTE:
THE IMPROVEMENTS, SHOWN SOPRIS ENGINEERING - LLC
HEREON, ARE PER THE
fO FO CIVIL CONSULTANTS
PROPOSED DES N R THE50g ~ STREET, SUITE AS
NEW ICE RINK FACILITY. CARBONDAI~, COLORADO 81623
(970) 704-0311 2oo5~
PEDESTRIAN EASEMENT EXHIBIT MAP:
MOORE PROPERTY
A PARCEL OF LAND SITUATED IN A PORTION OF SECTIONS ii AND 14, TOWNSHIP 10 SOUTH, RANGE 85 ~2ST OF THE 6th P.M.
CITY OF ASPEN, COUNTY OF PITI{IN, STATE OF COLORADO
SHEET ~ OF ~
PEDESTRIAN EASEMENT DESCRIP"~ON
A PEDESTRIAN EASEMENT SITUATED ON A PORTION OF THAT
PROPERTY RECORDED AS RECEPTIOIN NO. 388528 OF THE PiTKIN
COUNTY RECORDS. SAID EASEMENT ALSO BEING SITUATED IN A
PORTION OF SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST
OF THE SOUTH PRINCIPAL MERIDIAN AND IS MORE PARTICULARLY
DESCRIBED AS ~'OLLOWS:
COMMENCING AT THE S1,4 CORNER OF SAID SECTION 11. WITH ALL
BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF
S 74-'14-'02" E BE~EN THE 1998 CITY OF ASPEN - GPS
CONTROL MONUMENTS AT THE STREET INTERSECTIONS OF
6TH/HOPKINS AND WEST END/HOPKINS; THENCE N 21'01'24-" W
246.95. TO THE SOUTH EAST CORNER OF SAID PROPERTY
RECORDED AS RECEPTION NO, 388528; THENCE THE FOLLOWING
FOUR (4) COURSES ALONG THE BOUNDARY OF SAID PROPERTY.
1. N 88'57'51" W 50.85 FEET
2. 129.76 FEET ALONG A NON-TANGENT CURVE TO
THE RIGHT HAVING A RADIUS OF 700.00 FEET
AND A CENTRAL ANGLE OF 10°37'14'~ ~CHORD
iN 60°21'58" W 129.57 FEET)
3. N 55°41'39" W 163.37 FEET. THE POINT OF
BEGINNING
4-. N 55'41'39" W 526.24 FEET
THENCE LEAVING SAID BOUNDARY 89.02 FEET ALONG THE ARC
OF .~ NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
68.57 FEET AND A CENTRAL ANGLE OF 74.'22'39" (CHORD
S 76'06'39" E 82.90 FEET); THENCE 104.45 FEET ALONG
THE ARC OF A REVERSE CURVE TO THE LEFT HAVING ,~ RADIUS
OF 195.00 FEET AND A CENTRAL ANGLE OF 30'41'24-" (CHORD
S 54-'16'01" E 103.21 FEET); THENCE 152.23 FEET ALONG
THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS
OF 180.28 FEET AND A CENTRAL ANGLE OF 48'22'51" (CHORD
S 45"25'17" E 14.7.75 FEET); TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINING 7.771 SQUARE FEET. MORE OR LESS.
I IIIIII IIIll Illlll IIIIII IIIII IIIII IIIII III IIIII IIII IIII
456437 07112/2001 02:05P ERSE~ENT DR¥IS SIL¥!
5 of 5 R 25.00 D 0,00 N 0.00 PZTK?N COUNTY CO
SOPRIS ENGINEERING LLC
CML CONSULTANTS
502 MAIN STREET. SUITE AS
CARBONDALE, COLORADO 8162S
(970) 704~0311 20059.01 06/29/0~ 059PLAT. DWG
further agrees to restore at its sole cost the former condition of usefulness and
appearance of the Easement Property which may be disturbed or interfered with
by the construction, maintenance, operation or repair of the pipeline and its
attendant facilities.
3. Grantee shall not place, keep, store or otherwise permit any equipment or
materials on the Easement Premises except during such times as Grantee's
employees or agents are physically present and conducting activities permitted
under this Easement.
4. It is expressly understood and agreed that the grant of easement as herein
provided and Grantee's use of the Easement Premises shall at all times be
subordinate to the Grantor's use of the Property and should any relocation or
removal of the pipeline or its attendant facilities be necessitated in Grantor's
discretion at any time in the future as a result of Grantor's use of the Property,
then such removal or relocation shall be solely at Grantee's expense and shall be
done as nearly as practicable in accordance with Grantor's request. In such
event, Grantor will provide additional easements over and/or under the Property
to Grantee where practicable.
5. This Easement is not intended and shall not be construed to grant an easement or
access across, over or under any property or premises other than the Easement
Premises as described and depicted herein.
6. This Easement shall continue only so long as Grantee shall use the Easement
Premises for the purposes described and it shall immediately lapse and terminate
upon cessation or alteration of such use. Additionally, the rights granted
hereunder to Grantee shall lapse should the pipeline not be constructed and
installed within 36 months from the date of this agreement.
7. The Easement granted hereunder shall be perpetual except that it shall
automatically terminate should Grantee or any of its successors or assigns
violate the terms and conditions contained herein.
8. All rights, benefits and privileges granted, created or reserved herein, and all
impositions and obligations imposed hereunder, shall inure to the benefit of and
be binding upon the parties, their successors and assign.
Any right to the Property or Easement Premises not specifically granted to
Grantee herein are reserved to the Grantor, its successors or assigns.
I IIIIII IIIll Illlll Illlll Illll Illll IIIll Ill Illll till IIII
456439 07/12/2001 02:09P ERSEI'IENT DRvrs $ILV!
2 o¢ 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
IN WITNESS WHEREOF, the Grantor has affixed its duly authorized signature this
__ day of ,2001.
GRANTOR: GRANTEE:
Title: '~'- ~_~ Title:
State of Colorado )
) SS.
County of Pitkin )
The foregoing instrument was acknowledged before me this /_~yt~ day of
~-el-~-b,[ ,2001, by -Y~rnr~ ~. It~t~£¢ ~.~ ~'~44~.1'~ ~. ~~
My co~ssion expires: ~ [ ~* ~
No~u ~blic ' - ~
/~¢ e. ~/m~ .~ cs'
Address
JPW-07/10/2001 -G:\john\word\agr\moore-ufil-ease.do¢
I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII llll IIII
456439 07/12/2001 02:09P EASEI'IENT DRVI'S $ILV!
3 me 5 R 25.00 D 0.00 N 0.00 PITK~'N COUNTY CO
UTILITY EASEMENT
(City as Grantee)
THIS GRANT OF A UTILITY EASEMENT is made and entered into this !~"Cn
day of ~3~ ,2001, by and between Thomas A. Moore (hereinafter
referred to as "Grantor"), and the City of Aspen, Colorado, a municipal corporation
(hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property (the "Property") situated in
the City of Aspen, Pitkin County, Colorado, as more fully described in Exhibit "A" appended
hereto and by this mference incorporated herein.
And,
WHEREAS, Grantee desires to obtain an easement under a portion of the Property for
the purpose of installing and maintaining water, gas, and telephone lines together with the right
of access to the same.
NOW, THEREFORE, for and in consideration of the payment of the sum of Ten
Dollars ($10.00), the receipt and adequacy of which is hereby acknowledged by Grantor,
Grantor does hereby grant and convey to Grantee without covenants or warranties of any kind,
and subject to the terms and conditions hereinafter set forth and the rights herein specifically
retained and reserved by Grantor, the right, privilege and easement to construct, install,
maintain, operate, repair, remove and replace utility lines, pipes and similar accessories along
and across the Easement Premises situated on the Property as described and depicted on
Exhibit "A' attached hereto and incorporated herein by reference. Further, Grantor does
grant to Grantee the right to access said Property over, under, across and along the Easement
Premises as may reasonably be required for the purpose of exercising the rights, privileges and
easement herein granted.
The foregoing grant of easement and access shall be subject to the following terms, and
conditions:
I. The Easement Premises shall not exceed the area described in Exhibit "A".
2. Grantee's utilities and all associated facilities shall be constructed, installed,
maintained and operated in a safe and workmanlike manner and in such a
manner as to avoid damage to or destruction of Grantor's property or trees,
shrubs and other vegetation on the Property. Any damage to the Grantor's
property or to the surface, trees, shrubs or other vegetation caused by Grantee's
installation, maintenance, repair or removal the pipeline or attendant facilities,
shall be repaired or replaced by Grantee to the satisfaction of Grantor. Grantee
I IIIIII IIIII IIIIII IIIIII mil IIIII IIIII III IIIII IIII IIII
456439 07/12/2001 02:09P ERSEI'tENT DRVIS SILVI
- -,' ~ la 25,00 O ~.00 N 0.00 PITKIN COUNTY CO
UTILITY EASEMENT EXHIBIT MAP: ' ~
MOORE PROPERTY
A PARCEL OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 14, T0~'fNSHIP 10 SOUTH, RANGE 85 ~ST OF THE 6th P.
CITY OF ASPEN, COUNTY OF PITI{IN, STATE OF COLORADO
SHEET 1 OF 2
POINT OF BEGINNING
ISELIN AND
ROTARY PARK
25'
EA SEMEN r
/4 CORNER SECTION 11
T 10 N. R 85 W OF 6th
P.M. FOUND REBAR & CAP,
~ ILLEGIBLE (L.S. #9018'
RECORD) PROJECT
BENCHMARK
ELEV. = 8044..11'
! CURVE TABLE LINE TABLE
i CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA LINE LENGTH BEARING
CU1 52.02' 700.00' I 2~.02' 152~01' N63'32'30"W 04"15'29" LU8 45.96' N4-O'23'15"E
, LU9 29.33' S50"26'45"E
LINE TABLE LUlO 16.39' S39'33'15"W
LINE LENGTH BEARING LUll 15.18' '349'36'47"E
LU1 50.85' N88'57'31"W LU12 32.04' N38"35'53"E
LU2 30.21' N40"23'13"E LU13 25.01' S49'36'4-7"E
LU3 168.59' N49'36'47"W LU14 32.04' S38"35'53"W
LU4 51.48' S38"35'55"W LU15 200.99' S4-9'36'47"E
LU5 25.07' N55'41'39"W LU16 14.94' N40'23'13"E
LU6 54.14' N38'35'53"E LU17 20:00' s4g'36'47"E
LU7 45.68' N49'36'47"W bUT8 14.94~ S40'23'13"W
IOTE: LU19 26.08'. S49'36'47"E
]4E IMPROVEMENTS, SHOWN SOPRIS ENGINEERING . LLC LU20 19,73' S01'55'38"W
HEREON. ARE PER THE
CIVIL CONSULTANTS
PROPOSED DESIGN FOR THE 502 MAIN STREET, SUITE A3
NEW ICE RINK FACILITY, CARBONDALE, COLORADO 81823
(970) 704-0311 2oo59.Ol 06/29/01 059PLAT, DWG
UTILITY EASEMENT EXHIBIT MAP:
MOORE PROPERTY
A PARCEL OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 2 OF 2
UTILITY EASEMENT
A UTILITY EASEMENT SITUATED ON A PORTION OF THAT
PROPERTY RECORDED AS RECEPTION NO. 388528 OF THE PITKIN
COUNTY RECORDS. SAID EASEMENT ALSO BEING SITUATED IN A
PORTION OF SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST
OF THE SOUTH PRINCIPAL MERIDIAN AND IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE S~ CORNER OF SAID SECTION 11, WITH ALL
BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF
S 74'14'02" E BETWEEN THE 1998 CITY OF ASPEN - CPS
CONTROL MONUMENTS AT THE STREET INTERSEC'RONS OF
6TH/HOPKINS AND WEST END/HOPKINS; THENCE N 21'01'24" W
246.95, THE POINT OF BEGINNING, SAID POINT ALSO BEING THE
SOUTH EAST CORNER OF SAID PROPERTY RECORDED AS
RECEPTION NO. 388528; THENCE THE FOLLOWING '[~/0 (2)
COURSES ALONG THE BOUNDARY OF SAID PROPERTY.
1. N 88'57'31" W 50,85 FEET
2. 52.02 FEET ALONG A NON-TANGENT CURVE TO
THE RIGHT HAVING A RADIUS OF 700.00 FEET
AND A CENTRAL ANGLE OF 04'15'29" (CHORD
N 63'32'30" W 52.01 FEET)
THENCE LEAVING SA!D BOUNDARY N 40'23'13" E 30.21 FEET;
THENCE N 49'36'47" W 168~59 FEET; THENCE S 38'35'53" W
51.48 FEET TO A POINT ON THE BOUNDARY OF SAID PROPERTY;
THENCE N 55'41'39" W ALONG SAID BOUNDARY 25.07 FEET;
THENCE LEAVING SAID BOUNDARY N 38'35'53" E 54.14 FEET;
THENCE N 49'36'47" W 45,68 FEET; THENCE N 40'23'13" E
45.96 FEET; THENCE S 50'26'45" E 29.33 FEET; THENCE
S 39'33'15" W 16.39 FEET; THENCE S 49'36'47" E 15.18 FEET;
THENCE N 38'35'53" E 32.04 FEET; THENCE S 49'36'47" E
25.01 FEET; THENCE S 38'35'53" W 32.04 FEET; THENCE
S 49'36'47" E 200.99 FEET; THENCE N 40'23'13" E 14.94
FEET; THENCE S 49'36'47" E 20.00 FEET; THENCE.
S 4.0'23'13" W 14.94 FEET; THENCE S 4.9'36'4.7" E 26.08
FEET TO A POINT ON THE WESTERLY RiGHT-OF-WAY LiNE OF
MAROON CREEK ROAD; THENCE S 01'55'38" W ALONG SAID
WESTERLY RIGHT-OF-WAY 19.73 FEET TO THE POINT OF
BEGINNING; SAID EASEMENT CONTAINING 13,961 SQUARE FEET,
MORE OR LESS.
I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII
456439 07/1212001 02:09P EClSE~iENT DRV~S S~LV!
5 0¢ 5 R 25.00 D 0.00 N 0.00 PrTKZN COUNTY CO
SOPRIS ENGINEERING -LLC ~
CML CONSULTANTS
502 MAIN STREET; SUITE AS
CARBONDAI~, COLORADO 81623
(970) 704--0311
200,59.01 06/29/01 059PLALDWG