Loading...
HomeMy WebLinkAboutordinance.council.019-12 RECEPTION#: 591382, 08/15/2012 at 03:09:02 PM, 1 OF 16, R $86.00 Doc Code ORDINANCE ORDINANCE NO. 19 Janice K.Vos Caudill, Pitkin County, CO (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A SPECIALLY PLANNED AREA (SPA) AMENDMENT AND AN ESSENTIAL PUBLIC FACILITY GROWTH MANAGEMENT REVIEW FOR THE PITKIN COUNTY LIBRARY TO CONSTRUCT A TWO STORY ADDITION TO THE EXISTING FACILITY, 120 N. MILL STREET, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS LOTS 2 AND 3 OF THE RIO GRANDE SUBDIVISION. Parcel IDs 273707306852 and 273707306853 WHEREAS, the Community Development Department received an application from the Pitkin County Library, represented by Design Workshop, requesting approval of a Specially Planned Area (SPA) amendment, and an Essential Public Facility Growth Management Review, to construct a two story addition onto the east façade of the Pitkin County Library; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for a Specially Planned Area (SPA) Amendment, and Essential Public Facility Growth Management Review; and, WHEREAS, the property is located in the Rio Grande Subdivision and is zoned Public (PUB) with an SPA Overlay; and, WHEREAS, the addition is proposed upon part of Lot 2 of the subdivision and commonly known as Galena Plaza; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of a Specially Planned Area(SPA); and, WHEREAS, during a duly noticed public hearing on April 3, 2012, the Planning and Zoning Commission approved Resolution No. 8, Series of 2012, by a six to zero (6—0) vote, recommending City Council approve an amendment to the Rio Grande SPA and an Essential Pubic Facilities Growth Management Review for the library expansion; and, WHEREAS, 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment on June 11, June 25, and August 2, 2012; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, Page 1 of 9 with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and the Civic Master Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO THAT: Section 1: General Development Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves of a Specially Planned Area (SPA) amendment to the Pitkin County Library SPA, and an Essential Public Facility Growth Management Review. The proposed addition shall comply with the schematic shown at the July 30, 2012 City Council meeting and consists of a two story addition that sits upon Lot 2, of the Rio Grande Subdivision and contains approximately 7,198 square feet of interior space. The approved dimensional standards of the project shall be recorded on the plat and reflect the schematic floor plans, square footages and elevations of Exhibit 1 of this ordinance. Section 2: Plat and Agreements The Applicant shall record a SPA plat and agreement that meets the requirements of Land Use Code Chapter 26.440, Specially Planned Area, and Section 26.440.070, SPA agreement and recordation. City Council expressly permits the plat and agreements to be recorded within 180 days of the November 6, 2012 election. In addition to the plats and agreement set forth above, the applicant shall enter into and record, if appropriate, the following: A) an amended easement agreement regarding the existing 44 foot easement over City property; B) an easement agreement for an additional 21 feet over City property; C) an improvements/construction agreement; and D) an operational agreement. At a minimum the agreements shall include the following: A. Existing Easement. Applicant shall record, within 180 days of the November 6, 2012 election, an amended easement that provides a specific legal description of the existing 44 foot easement. The minimum number of touchdown points required for the structure on the garage shall be identified in the easement. Uses that will take place and be allowed within the 44 foot easement shall be as follows: construction of the library addition, occupancy of the library addition, and maintenance of the library addition. The easement shall provide a reservation for the City to access the easement property for maintenance of the garage air vent and any other repairs that are necessary for the Garage. County shall be responsible for any damages caused to the garage though the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations. County shall provide access to the City to make and repairs to the garage or the library necessitated by Garage or Plaza operations. The final amended easement shall be subject to review and approval by the City Attorney's Office. Page 2 of 9 B. New Easement. The applicant and the City will enter into and record, within 180 days of the November 6, 2012 election, an additional easement for the City property to the east of the existing easement. This easement will extend approximately 21 feet to the east, approximately 10 feet to the north and approximately 15 feet to the south of the existing easement, in substantially the same dimensions as depicted in Exhibit 2. This easement will contain a specific legal description of the easement and will be the minimum size necessary to accommodate the canopy/porch element that is proposed and may be limited in height and depth. Uses within this element will include construction and maintenance of the canopy/porch element. Construction east of the determined touchdown point, or centerline of the garage structural wall - (ref. building section) may include an up to 30" roof overhang. In addition the easement will specifically restrict the easement uses following construction to public uses, it being the intent of the easement that the area under the canopy/porch element shall be open to the public at all times. County shall be responsible for any damages caused to the garage though the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations. County shall provide access to the City to make any repairs to the garage or the library necessitated by Garage or Plaza operations. The final easement shall be subject to review and approval by the City Attorney's Office, and shall be subject to approval by City Council by ordinance. The final approval of the easement shall be at the City Council's sole and absolute discretion and the grant of the easement shall be a condition precedent to this approval. C. Improvements/Construction Agreement. An improvements/construction agreement will be executed by applicant and the City prior to issuance of a building permit. The agreement will outline the following 1) The County, with city approval, shall be responsible for exterior surface finishes within the library's structural footprint. 2) If a new easement is granted by the city, the County will be responsible for waterproofing the parking garage under library structure and within both easements. This requirement shall be undertaken by the library in conjunction with the city's effort to waterproof the parking garage, regardless of the construction timeline for the library addition. The County agrees to develop a separate waterproofing agreement if requested by the city. City and County will work together to come up with the best mutually acceptable approach and timing to the improvements. 3) The County will be responsible for waterproofing under any area disturbed by its construction/operations as provided in the agreement. 4) The library shall retain the right, with city approval (which shall not be unreasonably withheld), to access for construction and maintenance the city parking garage and plaza. An allowance for the library, with city approval (which shall not be unreasonably withheld), to modify the structure of the parking garage to accommodate the new library expansion based on approved engineered drawings shall be included in the agreement. Page 3 of 9 5) The agreement shall outline an operations plan for the construction to minimize impacts to the operation of the parking garage and consider reimbursement of lost revenues as a result of the construction. 6) The agreement shall outline the preference of the library and city coordinating construction of the library expansion and Galena Plaza improvements concurrently, if feasible, to minimize the length of construction impacts on the surrounding neighbors. 7) County shall be responsible for any damages caused to the garage though the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations. County shall provide access to the City to make any repairs to the garage or the library necessitated by Garage or Plaza operations. 8) The final agreement shall be subject to review and approval by the Capital Asset Director. 9) Relocation of the transformer on Lot 2 may require additional easements within the library property (Lot 3) that will not be unreasonably withheld by the County. The location of said easements must be mutually agreed upon by both parties. D. Operational Agreement. An operational agreement will be executed by the applicant and the City prior to an issuance of a Certificate of Occupancy for the library expansion. The operational agreement will set forth, at a minimum the following: 1) Shared cost responsibility agreement for operations, maintenance, snow removal, irrigation, drainage, capital improvements and use of public right of way. This agreement will be done upon completion of design and approval for construction from the governing authority. 2) County shall be responsible for any damages caused to the garage though the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations. 3) The final agreement shall be subject to review and approval by the Capital Asset Director and Parks Director. Nothing contained in the easements or other agreements entered pursuant to this section shall be construed to limit or restrict the City's use, maintenance and development of the parking garage, the plaza or adjacent properties. In the event the November 2012 library ballot initiative is unsuccessful and the library addition is delayed or not built, the City may move forward with improvements to Galena Plaza. The City shall have the right to develop transitional landscape improvements (both softscape and hardscape) within the easements with County approval (which shall not be unreasonably withheld). Section 3: Building Permit Application The Applicant, the Applicant's General Contractor, the Architect that produced the construction drawings, and representatives from the Building Department, Community Development Department and any other person deemed necessary by the City shall attend a meeting prior to the submission of any type of Building Permit for the Subject Property. Page 4 of 9 The purpose of the meeting shall be to ensure clarity relative to the submission requirements, the requirements of this Ordinance, timeframes for processing Building Permits, and any other issues raised by any party. The building permit application shall include the following: A. A copy of the final Ordinance. 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 drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted City standards. E. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. F. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. G. A detailed excavation plan for review and approval by the City Engineer. H. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 4: Affordable Housing. In consideration of the Applicant's representation that there will be no new employees generated, the City Council shall require an employee audit be conducted one and three years after a Certificate of Occupancy is issued. If employees are found to be generated, any employee mitigation shall be subject to the rules and regulations in effect at the time of the audit. Prior to issuance of a building permit, applicant shall submit baseline data on existing Full Time Equivalents (FTEs) at the library to the Aspen Pitkin County Housing Authority. Section 5: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. Section 6: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met per building permit. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Confirmation is required that the water supply is adequate to meet the Page 5 of 9 increased demand necessitated by the expansion. Emergency vehicle access shall be maintained. Section 7: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, at the time of construction, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Elevator shafts drains must flow thru an oil and sand interceptor. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. Below grade development may require installation of a pumping system. One tap is allowed for each building. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). Any glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. Page 6 of 9 Section 9: Environmental Health The state of Colorado mandates specific mitigation requirements with regards to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements and noise abatement. Wildlife protection/enclosures for the trash and recycle area is required. The kitchen space intended to support the meeting space is not required to be licensed; however, it is recommended that commercial grade equipment be installed instead of domestic equipment for durability and functionality (to support catered events). Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Per City Code 13.20 an approved tree permit will be required before any tree is removed or impacted under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of building permits. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates Section 12: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant is not required to pay impact fees or the school lands dedication fee-in-lieu as no commercial net lease area or residential dwellings units being developed. Section 13: Vested Rights The development approvals granted pursuant to this ordinance shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots 2 and 3, Rio Grande Subdivision and commonly known as 120 N. Mill Street, City of Aspen, CO, by Ordinance No. 19 Series of 2012, of the Aspen City Council. Page 7 of 9 Section 14: Exhibits. The exhibits listed below are appended hereto and are, by references made to them, incorporated into this Ordinance as if fully set forth herein: • Exhibit 1 - Schematic elevations, square footages and floor plans • Exhibit 2— Schematic easement Section 15: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning 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 16: This ordinance shall not affect 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 17: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 18: A public hearing on this ordinance shall be held on the 11th day of June, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 29th day of May, 2012. Attest: athryn S. )4 ch, City Clerk Michael . Ireland,Ma or Page 8 of 9 FINALLY, adopted, passed and approved this 2nd day of August,2012. Attest: —IF // 1 ( efti 1,—/O Kathryn Sifoch, City Clerk Michael C. Ireland,Mayor( Approved as to form: ames R. True, City Attorney Page 9 of 9 t-->`A'V‘-- ? \,-.1- -1--N (prA VI `2-D VZ) • 1 ;1'i1 .,L 1 37-]12' ca 14-915/16. i — a3 N. I I 1 I 3 =s iaj H tiN fll I m I`-, 1T-911f15' n,m = si I 1 I -- D m - 1 r I A j ¢ 1 f I c I1 1 i l 1 1 g' I ,I I 1 I -1 . £I III 11� - LLB 1 1 1 ' A 1 I Z 6 ' u 0 1 m a f 1 TEL N i -n 1 I i i z z i Fm m 1 �, 1 y I A" R 1 ' ; /� 1 I , m I __ 1 I iI 1 �; I,li _1 . N -.... - -_ I � � II jIi D 'I _ 5m L f m.Np f 9'I � 1mF �y� a noo Zrm rR a f -305 d °o��m� 3 omo CCmm 3 _mC(��N3n2 DbN A2 DZp osAm Di4 ,201',4➢ e. Z �O =Z ..................................................................................................................................................................................... W sg e8 E ain n w mC i'g.7,,,R '"� A D K, r6 h';'" A azrx 1 ; P z <6i "�s'"� oOmz O g= Z W k a9; } '47./. '' - _DSO Rm 3 y 49$ Z , 1 a8 i.;,- 26d.. 161 N +. .- 6 N \ Z 22'-3]118.. S _° — _. S I _ 8� _ � II w� m m + m N m I01 N I I 1 S!Z I �. a + � I 1 mt w i 2 I 1I I I I m ���3 U 0 0 1 Ill I NUm Z oaf 1 ,I 1l n,i i 1' f B°°3 w 2. 18'916f16" / I FE—'e: m A I 1 I 32 "7 1t - -._. � IF 1 46-57,13 io 'e z m N GP-613116 rIY. 4,6'8* i . I Ic pp 03 }m i I � � — I 1 1 1 - .1 1 1 � — A I I I I I I 1 I _ ■ I 1 1 1 4 1 Oa }I 6..0..L N 1 I1 8 6 91 1 . _ , II m 1 fif1 n < o 1 l kI 1, g N3 Q s N f 1- II = L I I ° d I - I 3a y ° o f.l I I I I— ER I Y I I _j____:_i— 11 1 1 1_ 1 1]'-911 4 \ __. - - + � -.- I - , 116' , +IIIF_ I I I I , �° sam T — I_ < zz=ts° r I I 4mm ��n.a 1g 1IIF m p°°m .i 1 l 4 l o mozcpmimm a e� __ �� Im �' ��nyo off °or ° „.... .„.„...............„.„.......„...„.. .....e e, ......„....... aoa , . <„ „aa _.........000,......, ee e , __........,, , e a, , , , o _ a z- D 8 $;3 D Z r x ° m— qa W z 4o a m fii � ?�C p O A n O� Ng z� sg,1 111 zO�z — m z �9ii' A tit Z < $ aa'g ESC The large non-fiction collection will be the focus of the lower level of the building,maximizing existing windows facing North Mill Street, with a central computer area and a separate study room. The service, support, storage and technical facilities will be located on the perimeter of the lower level with some enhancements to the service access and a new canopy above the staff entrance. The following table identifies the existing library program compared with the proposed library program. Library Uses and Areas Existing Proposed Sq. Feet Sq. Feet Meeting and Study Space 1,585 3,301 Fiction 2,122 4,523 Non-Fiction 6,200 7,930 (includes closed stacks) Quiet Reading/Periodicals 935 1,690 Children's 3,011 3,725 Teens 1,050 1,500 Media/Music 3,645 2,215 Computers 1,520 1,415 Staff 4,590 4,550 Booksale 115 175 Building and Support 6,930 7,877 Total Area of Building 31,703 38,901 The following table identifies the areas of the existing library compared with proposed additional areas,by level. Existing Building Proposed Additional Level Sq. Feet Sq. Feet Lower Level 13,353 - Main Level 11,575 5,899 Mezzanine Level(1) 6,193 1,299 Tower 400 - Total 31,703 7,198 Proposed Outdoor 2nd Floor Reading Deck 1,225 Proposed Public Outdoor Covered Walkway on Galena Plaza 2,400 Notes: (1)227 square feet of the additional area will be an enlargement of the existing mezzanine level. 11 I Pitkin County Library Land Use Application L'Xi--- A W)CV 6I-S) - (A \mil 'z EXHIBIT MAP OF: EASEMENT A,(CONSTRUCTION EASEMENT) EASEMENT B, (LIGHT AND AIR EASEMENT) SITUATED ON LOT 2,AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 1 OF 2 1011 ;R GRANDE SUBDIVISION �— RE{E"HON NO 362199 0 Mil STREET CONDOS.PARCEL t 'n w REEFRIION NO b, 1.55:.13, ' 0 in Z 9.06' Z S66°43'58"E 23.98' N75°09'11"W / 575°12'04"E 2.25' 21.97' x,13'$3 id 7 A,;:::‘, WESTERLY BOUNDARY OF LOT 2/EASTERLY I / 00 WALL OF LIBRARY 7 ' 5`1E. ' SUB-GRADE/WESTERLY rr I � N' lgj2 %�C�1 GARAGE WALL r i 11 MGC,RANGE ni ��a r (\ R,.c Lr IL)N NO I 362101 cn r. 4 ,` � 5'OFFSET EAST OF THE V ¢'i` t4 , j.' r� CENTERLINE OF THE FIRST a ;W - v w a NORTH-SOUTH STRUCTURAL AL `i b 1,t WALL EAST OF THE o i'^ WESTERLY GARAGE WALL. ABOVE GRADE EXTERIOR�� '' BUILDING WALL POINT OF BEGINNINGfX1 F11SG ARAG� EASEMENTA Y °, AIRVENr i,, : , I POINT OF BEGINNING .- _ WW44 v ' 1.5/66'1 EASEMENT B , / /,65,4Z"' ;",,– , 37.38' •\14� N75°091.1"W 0 co g(0 E+LU h QA, .,;23 103.30' o� 1 GPS-5 \ -. wt N GALENA& _ S 75°0 '53"E_ HOPKINS \� GPS-6 9 .2T ( ASIS OF BEARING)- —� GARMISCH& HOPKINS I GRAPHIC SCALE 40 0 20 40 () ) (IN FEET) finch= 40 ft. NOTICE:ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING-LLC COMMENCE ANY LEGAL ACTION BASED UPON ANY CIVIL CONSULTANTS DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 502 MAIN STREET,SUITE A3 YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY CARBONDALE,COLORADO 81623 ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE (970)704-0311 SOPRISENG @SOPRISENG.COM DATE OF CERTIFICATION SHOWN HEREON. 11228 05/02/12 11228-EXHIB-2011 LOT 2 AMENDED RIO GRAND.DWG EXHIBIT MAP OF: EASEMENT A, (CONSTRUCTION EASEMENT) EASEMENT B, (LIGHT AND AIR EASEMENT) SITUATED ON LOT 2,AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 2 OF 2 EASEMENT A DESCRIPTION: (for the purpose of constructing an expansion of the existing Pitkin County Library facility) An easement situated on Lot 2,according to the Amended Plat of the Rio Grande Subdivision recorded on July 5, 2002 as reception number 469504 in the Pitkin County Records,said easement located in Section 7,Township 10 South,Range 84 West of the 6th Principal Meridian,City of Aspen,County of Pitkin,State of Colorado;said - easement being more particularly described as follows: Commencing at the Southwest corner of said Lot 2;thence N.14°46'31"E.along the Westerly boundary line of said Lot 2,a distance of 15.66 feet to the POINT OF BEGINNING;thence continuing along said Westerly boundary line N.14°46'31"E.,a distance of 125.43 feet to a point on the extension of the existing Library's Northerly exterior wall finished facade;thence leaving said Westerly boundary S.75°12'04"E.along the extension of said Library's Northerly exterior wall finished facade,44.00 feet;thence leaving the extension of said Library's Northerly exterior wall finished facade S.14°46'31"W.,125.43 feet to a point on the extension of the existing Library's Southerly exterior wall finished facade;thence N.75°12'04"W.along said extension of the existing Library's Southerly exterior wall finished facade,a distance of 44.00 feet to the POINT OF BEGINNING. Containing 5,519 square feet or 0.127 acres,more or less. Said easement A being subject to an easement for the operation and maintenance of the existing Garage air vent as depicted on sheet one of this exhibit. EASEMENT B DESCRIPTION: An easement situated on Lot 2,according to the Amended Plat of Rio Grande Subdivision as recorded on July 5, 2002 as reception number 469504 in the Pitkin County Records,said easement located in Section 7,Township 10 South,Range 84 West of the 6th Principal Meridian,City of Aspen,County of Pitkin,State of Colorado;said easement being more particularly described as follows: Beginning at the Southwest corner of said Lot 2;thence along the Westerly boundary line of said Lot 2 N.14°46'31"E.,a distance of 15.66 feet to a point on the extension of the existing Library's Southerly exterior wall finished facade;thence leaving said Westerly boundary line 5.75°12'04"E.along the extension of said existing Library's Southerly exterior wall finished facade,44.00 feet;thence leaving the extension of said existing Library's Southerly exterior wall finished facade N.14°46'31"E.,125.43 feet to a point on the extension of the existing Library's Northerly exterior wall finished facade;thence along the extension of said existing Library's Northerly exterior wall finished facade N.75°12'04"W.,44.00 feet to a point on said Westerly boundary line;thence along said Westerly boundary line N.14°46'31"E.,a distance of 13.53 feet;thence leaving said Westerly boundary line S.66°43'58"E.,23.98 feet;thence S.75°12'04"E.,42.25 feet;thence S.14°47'26"W.,151.15 feet to a point on the Southerly boundary line of said Lot 2;thence along said Southerly boundary line N.75°09'11"W.,a distance of 65.92 feet to the POINT OF BEGINNING. Containing 4,488 square feet or 0.103 acres,more or less. The intent of the above easement description is to comply with requirements of Section 705 of the IBC 2009 code. NOTICE:ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING-LLC • COMMENCE ANY LEGAL ACTION BASED UPON ANY CIVIL CONSULTANTS DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 502 MAIN STREET,SUITE A3 YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY CARBONDALE,COLORADO 81623 ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE (970)704-0311 SOPRISENG @SOPRISENG.COM DATE OF CERTIFICATION SHOWN HEREON. 11228 05/02/12 11228-EXHIB-2011 LOT 2 AMENDED RIO GRAND.DWG E-N--ttl' ei _ . Pca I.V? ICC :14.:<ht,",I■ fi.'1° V,9-' : - 6 ,;',., (NJ k ici ... W IEET Z■ g E=.Y;g` OLL W — 0 g u_ g 2 H — z el < 0 H 0 \ Lu !-- cc - < 0 OTh i EL: 0 ,..--- Ln , c LA_ i CC Liw LLI (3 ' .-.-7 • H- I f---9 0 .1.._ L,r) H: < \.0 '•-•"'•• 0 H. LL i u_ oLL - k-fl ° tr) Li- 1 LL1 u j LL 1-1-1 <z 0 0 0 Z em < LLJ 1 n z LU H D ou_ o (...)‘r:,...„ ....) W C.) W H D CZ: [Td-H-A ivv,9z,L-Ktirs _ -_-_---:_—_ __,__=tfr.trtiv\Ett -_,__- - — .—- -—.-—- / < / I / -Ln i k.9 i ti(..)e.:t AAhl E,9V„VTS 0 / 101 dO AdVGN1108 AilfidOd -,-1 ' T ...D 1 i 1SVA IAIOdi 3N1111Sid0 ,0 V-V kt Lii V IN1lAilSVA LU I t 6 I Lo Ln 4-1 4 i ,-1- LD c■'' P. C.) I - ° i fN Ln _., r-I I v'? I I 1 i n ,(_ Z. i L _ : ,I. E9tott {,..D < 0 CC) Z i---, Z }--- >.-- >-- >- > —I Z Z Z Z 0 --j z Uj Z Crl z Li-) • ,--.1 1-1-1 - 1-1 LU Li) -1 (...r) ) m ,-;;- 0 ------ cx: u j z 0 I Li ---?' Li_ 1-1-1 U. I-1-1 ) ._....) c-1 ›.- H __, ' C) 0 -*' U../ C _I ,--, - `-i --z i::-/3 Z Cr 0) 0 ---1 0 ) "-- < — ¢-1 < 7) H F-- t_i_. - 0 1--- cl,..., > _ (-6 O.) -2.7 z v) 0 0 0 0— H rN --. -= _...J Cl. LID LL., —, 0— 0 ca_ a.. _ r' 3 u c'' r) _t cf c u .: cx Z _>q1t 3tf Z P >z z W W iA ;a o z zmp ��.' � e; z a'a O ,i 'z Q Z saaSV° Z U Q fir., Za. z,1,0 a aao a CO E Z 0000000,,,,,,,>,,,,,,,,,,,,,,,00 oo,,,,,,,a,e,ae„0000000,,,,,,,,,,,,,,,,,e„eve000....“,,,,,,e,eve,o,000aoa,,,,,,e,,,,,,,>,,,,,,v00000aoo,,,,,,,,,,,,,,,,,,,,,,a,evevee00000.... #a as a is as EASEMENT B — CENTERLINE OF STRUCTURAL WALL OF GARAGE EASEMENT A _ _ _ — z W N Z O e 5 M EAST PROPERTY BOUNDARY LOT 3 I 1 &FT d9aA$8S1t7SM Aes s` g3 (# 7 I 1 1 t 1 i 1 I E 1 m ree No\., .....4 Ad Name: 7957778A LEGAL NOTICES ORDINANCE#19,2012 PUBLIC HEARING Customer: Aspen LEGALS City �f Ordinance#19,Series of 2012,was adopted on p y first reading at the City Council meeting May 29, 2012. This ordinance,if adopted,will approve an Your account number: 1013028 amendment to the Pitkin County Library SPA to expand the size of the library. The public hearing on this ordinance is scheduled for June 11,2012 at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text, to the city's legal notice web ebsite htlP11www asoenpitkin comlDeDartmentslClerkl Legal-Noticesl If you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2686. T31 AIPZK TIM:: Published in the Aspen Times Weekly on May 31, 2012. [7957778] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 5/31/2012 and that the last publication of said notice was in the issue of said newspaper dated 5/31/2012. In witness whereof,I have here unto set my hand this 09/12/2012. t Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 09/12/2012. Mary E.Borkenhagen,Notary Public My Commission expires:September 12,2015 o`J`�BORKE1y'' ��P;. NOTgR�'�9ms Q�a,,'OF COIO�P��b 00 tI'll +'^Expses oqn