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Home My WebLink AboutLand Use Case.718 S Galena St.0049.2013.ASLUIL Ul # 0 /2 L & <cg Vt + 9 4 ,irÂ· < l-' Â·Â·-Â· ,tjuu> t._,Waty . - 1 .- 8040 GREENLINE 0049.2013. ASLU 718 S GALENA ST THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0049.2013.ASLU PARCEL ID NUMBERS 2737 182 74 001,12,14,32, AND 800 PROJECTS ADDRESS 718 S GALENA ST PLANNER SARA NADOLNY CASE DESCRIPTION 8040 GREENLINE REPRESENTATIVE BRIAN FLYNN - PARKS 24 DATE OF FINAL ACTION 8.23.13 CLOSED BY ANGELA SCOREY ON: 6.4.14 0669 Â· 26 [3. fi-6 L (A -1,-L 1 i::/*i:~C, 11.11.1.1.4 file Edit Eecord Navigate Fgm RepoÂ® Format Iab yip A *. ~3 .>'X' k,74 4~1 '4 3 2 ,Â· ti 9 21*lumpl ~7/gio J - 0. 8 ide Â£ 12 â€ž ?Li. 3 - J B Rogtjog Status Fees Fee Summary: Main *bns Attadiments R.o'kng kiltor'y : 2'aluation Ar*/Eng Custom Fields Sub temi6 Parcels :~:.!Permit type aslu IAspen Land Use Pemit Â¢ .0049 2013 ASLU Address 718 S GALENA Apt'Suite , 04 ASPEN 1 Sti .~ Zip .81611 , Permit Informa#on i Master permit I | Rolmng queue ~slum | Applied #71172013 Projed I Status Ipending 1 Approved Descripbon :APPLICAJION FOR ESA- 8040 GREE[Â·JLINE FOR THE DUE,NT CONDOS . Issued i EMERGANCY RETAINING WALL REPLACEMENT Y Close NFIrel ' Submitted ~TRIPPADAMS 618 6226 Clock IRunning | DayS ~ 0~ E*res |07/121014 | omer Lat name DURANT CONDOMINIUM AS 1 Firiname 747 S GALET@ ST ' ASPEN 00 81612 1 phone K;- Address Ap*8nt 4 ~ OWner IS app|ant, E Contractor is applicant? f lat name ADAMS ~ First name Imp E Phone ~.101 927-1116 | ast f |26536 | Addr~ 1 1 I Lender 4 1 Last name Frst name Phone (}- Address Displ@ysthe permit lende A address AsperiGoldS (serk argelas~1 ofi .6 1 --- r ' 1- *L T dÂ« l6{ 1 -* 4 010 11_~L LÂ» 0 50 -Ob f l col Â· TE 1(09-0Â° 4 !,07, S--O I ImmIN<em xO91OO1.1 ~ sdnojo qÂ«,t_1 1 < / 1 i. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date o f this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. True North Management, LLC; P.O. Box 3645, Basalt, CO 81671; 970-618-6226 Property O-wner's Name, Mailing Address Lot 14, Block 2, Anthony Acre Subdivision, City and Townsite o f Aspen, County of Pitkin, State of Colorado; commonly known as 718 S. Galena St, Aspen, CO 81611 Legal Description and Street Address of Subject Property The owner has received permission to remove the existing wooden retaining wall found at the rear of the subject property, and to replace it with a more permanent soil nail and concrete retaining wall. This wall will extend onto the neighboring Tauber property. The owner has been granted an easement agreement permitting the encroachment onto the neighboring property. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Director of an 8040 Greenline Exemption and an Exception to Building Code Compliance; received August 161 2013. Land Use Approval (s) Received and Dates (Attach Final Ordinances or Resolutions) August 22,2013 Effective Date of Development Order (Same as date of publication of notice of approval.) August 23,2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of' the City of Aspen Municipal Code.) Issued this 16tj *y of Auggl, 2013, by the City of Aspen Community Development Director. (11*tt Chris Bendon, Community Development Director NOTICE OF APPROVAL For an 8040 Greenline Review Exemption and Exception to Building Code Compliance Legal Description: Lot 14, Block 2, Anthony Acre Subdivision, City and Townsite of Aspen, County of Pitkin, State of Colorado Parcel ID No.: 2737-182-74-001 through 2737-182-74-012; 2737-182-74-014 through 2737-182-74-032; and 2737-182-74-800 APPLICANT: True North Management LLC P.O. Box 3645 Basalt, CO 81621 SUBJECT & SITE OF AMENDMENT: 718 S. Galena St, Aspen, CO 81611 SUMMARY: The applicant is requesting an 8040 Greenline Exemption to replace the retaining wall found behind the four buildings that make up the Durant Condominiums, The current retaining wall is failing, and the applicant has concerns that this potential failure could create a public safety concern. The applicant is also requesting an exception to building code compliance that will allow the retaining wall to extend more than 30" below the finished grade, as determined to be necessary for the structural integrity of the improvement. BACKGROUND: This property is located in the Lodge (L) Zone District. The Durant Condominiums consist of four multi-family residential buildings, containing 30 residential units. The first plat was recorded in January of 1969 (Reception No. 13381) with condo declarations. The first supplement to the condo plat was recorded in December of 1969 (Reception No. 1383701 In October of 1982 an easement agreement was recorded between the Durant Condominium Association and Christopher Hemmeter (Reception No. 247418), then owner of the adjacent High on the Hill Condominiums, across parcel 3 for Mr. Hemmeter's use of the elevator, In exchange, Mr. Hemmeter agreed to an easement to permit the Durant Condominium Association access to a trail that lies across his land. This easement was updated in November of 1987 to demolish the elevator and relocate it on the Durant Condominium Association property (Reception No. 295105). In January, 2000, the condo plat was amended to change Unit 11C to Unit 12C (Reception No. 439665) In July, 2013 an easement was recorded between the Durant Condominium Association and the adjacent Tauber property to permit the encroachment of the proposed retaining wall on the neighboring property (Reception No. 601692). 1 CURRENT PROPOSAL: The Applicant proposes to remove the current wooden retaining wall that is made of rail road ties and replace it with a permanent soil nail retaining wall with a concrete finish. The original walls were built as part of the Durant Condo project in 1969, and are now bulging under soil movement, requiring replacement. The finished walls are proposed to be artistically sculpted and stained to resemble a rock wall and provide an attractive design. The proposed retaining walls will range in height from approximately four feet in height on the property's north end behind Building A, to up to approximately fifteen feet in height behind Building B, to between six and eight feet behind Building C, and lastly finishing at approximately thirteen feet behind Building D. There is a section of wall between Buildings B and C that was formerly replaced and, being in good condition, will not need to be replaced at this time. The applicant has been advised by its engineers that the slope upon which the subject property is located requires soil nails for the proposed retaining wall to help stabilize the slope, which will be located under a portion of the adjacent Tauber property (716 S. Galena St.). The applicant has obtained an easement (Reception No. 601692) to allow the needed encroachment onto the neighboring property. REVIEW PROCEDURE: â€¢ 8040 Greenline Exemption may be approved by the Community Development Director, pursuant to Land Use Code Section 26.435.030.B, Exemption. â€¢ Exceptions for Building Code Compliance may be approved by the Community Development Director, pursuant to Land Use Code Section 26.575.020.L, Exceptions for Building Code Compliance. STAFF EVALUATION: Staff finds the proposal to meet the requirements for an 8040 Greenline Review Exemption. Retaining walls do not count towards the allowable floor area on a parcel, and so the replacement wall does not add to the floor area of the existing structure, nor will it increase the square footage of areas of structure that are exempt from floor area calculations. The applicant has already met with the Parks Dept. and received a tree removal permit for the property. The applicant will furthermore comply with the Parks Department's tree protection plan, and will be required to submit a formal plan indicating the location of tree protection at the time of building permit. The applicant has indicated the urgency of the replacement of the retaining wall, as the current wall is structurally failing. The retaining wall is necessary as it is in place to control erosion and sedimentation in a developed area. Staff finds the criterion to be met. Staff also finds the application to meet the requirements for an Exception for Building Code Compliance. According to Section 25.575.020.E.5.k of the Land Use Code, Allowed Projections into Setbacks, retaining walls shall not exceed thirty inches above and below the more restrictive of natural and finished grade, simultaneously, for a total of sixty inches. Improvements may exceed thirty inches below grade i f it is determined to be necessary for the structural integrity of the improvement. The replacement of the current retaining wall with a more permanent solution requires a sloping soil nail to be placed at an angle beneath the neighboring property. This will 2 serve to stabilize the steep hill and will help to retain the soil on the Tauber property. A sixteen inch overrun is proposed at the top of the retaining wall to capture any additional loose rocks or sediment that may shift on the neighboring property. This exception request is supported by the City's Chief Building Officer as a favorable solution. Consideration of an exception to this criterion also addresses minimizing the visual impacts of the development. The proposed retaining wall is found at the rear of the property, and is obscured from the street by the Durant Condominium Buildings (A-D), which reach a height of approximately 40' The highest point of the proposed retaining wall is approximately 15', thereby minimized by the building on the property. Staff is satisfied that this criterion has been met. Approval of this application is conditioned upon the following: â€¢ Staff will require the applicant to comply at building permit with Engineering Department standards. â€¢ Staff will also require the recordation of a new survey which will include the easement locations with the neighboring property. DECISION: The Community Development Director finds the Administrative Application for an 8040 Greenline Exemption and Exception for Building Code Compliance, as noted above, to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request, with conditions. APPROVED BY: 34?02/ 44 11208 Chris Bendon, Community Development Director Date v 9 f 41 1 Tripp Ad~ms, True North~Management, LLC Date/ / ' 3% Atk~ p (CO Paul Keatindiblkanff oU<*mint 81 Assoc. President Date Attachments: Exhibit A: Site Plan (Recorded) Exhibit B: Review Criteria/Staff Findings (In file) Exhibit C: Application (In file) 3 Exhibit A **6. 11-2 & 9% Site Plan =176 \ 24Â· col)..0,1 171:'m,/ 3/.'*.Â£. A. / // 4' High Orange , c*lon FirM s- 9 4 . 2% .,0-r. ' F x HI, O-ge ConÂ®uction Fence .A pen C? 4 ~loTES 4' high con@Ductian fen-g will be constructed ~ to praaera ha on ab st Mak dul to conatruallon of the new r,lainIng walli. Any lpoled roatswil bo 1 r protacled wIth burlap during the protect E AI'/- f L'*wr ED piÂ« T 1 . b: F i I . 8 ..5 - 4. L.-- -111 4' High Orange Con,buctkon Fence CUmp . 1 4 . **A 0 ' *0 Â¥44,44Â«, Bidg. e 0 0 *St'.4 8 .6,71/ 0 lig 4' High Orings Constnudion Fence $ 714 Illdg. D rry aump 4' High Oringe Con-udon Fe A'Wn ' 60' * Catlena aght of way 4,-Ze, 11 /f Exhibit B Review Criteria 26,435,030.8 8040 Greenline Review - Exemption Criteria The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10%) to the floor arca of the existing structure or increase the total amount of square footage of areas ofthe structure which are exempt from floor area calculations by more than twenty-five percent (25%); and Staff Response: The proposal involves the replacement of an existing retaining wall to the rear of the subject property. The replacement walls donot count towards floor area, and will not add more than 10% to thelloor area of the existing strudure, nor will the walls increase the total amount of square footageoj areas of structurethatare exempt from,floorareacalculationsby morethan 25%. Staff finds this criterion to be met. 2, The development does not require the removal of any trees for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section. and Staff Response: The applicant has met with the Parks Dept. and has received a permit for tree removal on this property. i he applicant hasfurtherindicated existing trees willfurther beprotected with temporary fencing and wrapping exposed roots in burlap. The Parks Dept. Staff requires aformal plan indicating the location of tree protection as part of the building permit Stafffinds this criterion to be met 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Staff Response: The purpose of the application is to provide protection for existing development in area that already experiences erosion and sedimentation. The proposed retaining walls are replacements for existing retaining walls that are beginning to show signs offailure Stafffinds this criterion to be mel 4. All exemption are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B. 1. an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. Staff Response: The applicant has not sought any exemptions in the pastfor this property. Staffjinds this criterion to be met. 1 26.575.02() Exceptions for Building Code Compliance The Community Development Director may approve exception to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building, fire or accessibilitj codes in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. Staff Response: The proposed retaining wall will exceed the allowable 30" above and below grade that is themaximumpermitted by Section 26.575.020.E Measuring Setbacks ofthe Land Use Code. The highest point oftheretaining wallis approximately fifteen feet, behind Building B. Thefour buildings that make up the Durant Condominiums reach a height of approximately 40 feet. The applicant's engineers have determined this to be the height necessary to safeip retain the soil on this sloped section of the property, while allowing a 16" above thefinished grade to catch any loose soil or sediment that may slu# offfrom above. The City's Chiâ‚¬f Building Officer has reviewed and agreed with the plans to install a more permanent retaining wall, which will extend beyond the permitted 30", into the neighboring Tauber property. The applicant has recorded an easement agreement with the owners of this neighboring property to allow the soil nails to be placed on their property, at a depth to exceed 30". The retaining wall is located at the rear of the property, and is not easily viewed by the general public. The applicant has proposed to design the wall in such a way as to make it appear sculpted to resemble a rock face, thereby creating a more attractive, as well as practical, design. The soil nail and concrete retaining wall will provide a more stable structure that is expected to outlast the current wooden style wall. Stafflinds this criterion to be met. 2 Memorandum Date: August 6, 2013 To: Sara Nadolny, City o f Aspen Planning From: Brian Flynn, Parks Department Re: The Durant Condos - Survey A) Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. As referenced in Chapter 13.20 2) No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920- 5120) before any construction activities are to commence. As referenced in Chapter 13.20 3) Any access across or through the area of protection is prohibited at all times B) Tree Permit: 1) 1 f a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid on site or cash in lieu 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. 2) The permit should include the trees which will have impacts from excavation and building under the drip line of the trees. The site plan shows several trees proposed to remain with significant impacts adjacent to or around the trees. The permit shall include a detail of the impacts, which include but are not limited too; depth of excavation, distance from trunks, height of impacts, etc. Approval of the tree permit is contingent on review and approval of the drip line impacts. rrcutivt'~ JUL 1 7 2013 CITY OF ASPEN The Durant Condominiums COMMUNITY DEVELOPMENT Emergency Retaining Wall Repair & Replacement Address: 718, 728, 738, 748 S. Galena St. Aspen CO. 81611 8040 Greenline Administrative Review Owners Rep: Tripp Adams - True North Management (970) 618-6226 P.O. Box 3645 Basalt CO. 81621 tripp@truenorthmangement.net City of Aspen ' taliz5 & Hopkins ~ nper woos Improvement Survey Plat LOT 1 ~ 3 4 - 007, of Aspen ~ ADÂ«*Att/24 2 2 G.P. a #5 ~ pt.AT BOOK 2A PAGE 25 r SUBDIVISION 0 A / 9 24*:29:1:5:RZ p *6:mt Â», C .. Â·~ i, 1 i 3-144 , Gale/,0 & Haphns l j. The Durant O, ' . I ) 144 1 SOUTH GALENA STREET ~ ~ , ' City of Aspen \ fl, 740 Back of Culb ~~ CONDOM/NUMS ./7, / PLAT BOOK 9, PAGE 20 41'/' 1 0 Pitkin County, Colorado 1Â·JIPAT AODS , Utuity Easement SUBDAAS'ON 9 / f Book 342 Poge 838 ~ ' 375'00'00*E f Â°4., ,t29.1, n PLAT 8001 2A PAGE 250~[ ~ SITE- C,,(A...e,6.221*-164:194 fr 1 Legend ond Notes: HFound rebar & Ye#low Plastic Cdpr j 3 indicates found monument os described Asphaft / . 24' Cottonwood 1 LS. No. 15710 & '/ LOT 3 Lot./ J LS. No. 1018 ,Â·' f~ ~ SUBDIV~SION porldng /. f r#\ 1 Found rebor & ratow Plazt*ltap r.~~~ OPPLE WOODS - % indicates sit No.5 Rebar & Cap Marked LS 33638 $-00 64 \ / - Unit of Afeasuremant US Survay Foot Vicinity Map 1, 4 i ~_--t-Aopt a .Dic / - ~ ' PLAT 800< 28 PAGE 250 Date of Surver March. 2012 I r = 10000 % 4 : ; U 6 \ Al / - Due to snow cover on the dote of survey some improvments moy not be shown. *ruce (4) 60 / m. Di~ant / U '7164'4:3 f\4 l , - Lop./ Desc,Atihe. .514934Â· ft 1 . - ~ f SUBJECT PROPERTY UNE 1 Page 376 and Supplementd Map recorded in Book 4 ot Page 36 and further defined and described by THE DURANT, accordhg to the Condominium Map thereof recorded January 6, 1969 in Pict Book 3 at 1 24 6 ~" DiG +5 # -7 44. /7 f / 4' 9;/0.- /9 30 l- Easement 8 1 First Supplement recorded January 19, 2000 as Reception No. 439665. / f y.,N/ Condorninfum Deck,retion for The Duront recorded knuary 11 1969 in Book 238 at Page 968 and Fht - -- --- - ADJOINING PROPERTY UNE Supplement thereto recorded December 18, 1969 in Book 245 et Page 102 Ind First Amendment to the - - - EASEMENT UNE \1.1 8 W ?*op/e h 6 3 ' NT 4 / Book 439, Page 437 1 PIâ„¢IN COUNTY '\.4 27 - * - FENCE 1 7% 1 - Bearings ore based upon found No.5 Rebars & Red Plostic Caps mof'ked LS 16129 along the easterly line of --- -----Â·- DIERHANG~RIDGE 2 -' 5' Radi 4 - .' \211 so/d pece#. using o beonng of 554-31Â·00-E between the two desc,/bed monuments M shown hereon. spru Ill L - - 7- r.Â· ' ~ - City of Aspen & Pitkin County Zoning: Zone L 7 -UNDERGROUVZ? 7EZEPHME L/NE ~ ~ *4~ / 412.1 4 _ - 7 -4 1 , I'. Adjoining Property Subject i - Eevoction ditum: NAVD29 - CATV~ UNDERGROUND CABLE 71/ L/WE 'A~~ /~ 1 21 7 set forth : 1 to Easements A&Bos 1 f ,/.' ; 6Â·650 -7 5 -#4 - l Book 439 ot Pogs 467. + FEMA. Community Pcmet No. 08097C02034 Effective Date be 04, 1987. - The site 1% situated in Zone Y (areas determined to be outside 500 Â»or nood plah) per FI.R.At. prepared by - 5 - UNDERGROUND SEWER UNE 1 --975-. 1 ---- \4 - UNDERGROUND WATER LINE ~~ 4 t 2/ e. witi --Â« ~9 120 Top Back of 661 - -1-2 . , r \ - Als survey does not represent G title search by mis aurve.yor to determine ownership or to disco,er easements 54% UNDERGROUND GAS UNE * j*; Dev. 7976.2& /41 0 j .Â»-0 4 4 Easement 8 1 M other encumbrances of record. AN hformotion perÂ·taining to omership, eosements or other encumbronces of -_ ._ c .--- UNDENG?OUND 22-017?/C UNE M~~~ /~~'~~1~ ~~ ~ --f~;~ , 2 2 4 7--- D J . Book 439. Page 437 1 Case No. PCT23363P. record has been taken from PrÂ©formc 17#s Report issued by Pitkin County Title, Inc. dated January 05, 2012 os 4/ - - *d/cates 0-20% s/- 0.0 hotch.g) (13 0 0 4 4 '1' i |R 77>49 prgerÂ·ty is sub.*ce to thâ€¢ 18/low,hg exciptions par soid 770, Commitma,t.Â· 2 k -700~6~~-1 71#< j / , HIGH ON 5/6- f#ZL - indieotes 20Â·--30% slope . . 4, 8001 175 ot page 298. CONDOWNUMS 1 7. Right of the proprietor of c vein or ioda to extroct / remove his ore therefrorn, should the some be found PLAT BOOK 7 PAGE 85 to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in - indicates 30% and greater slope - 7986 -- - - - - / rees -:1 - s sal'l/ 1. j X. #41 1 1 Easement 8 8. A# of the minerds, mineral depomt:, oils ond gases of emry kind and nature underijing subject property, Ek; _ _ CJ- --+~ ~ 4 "~ ~ f Book 439, Pe90 437 6,5 / together with the right of ingress and egress for the purpose of prospecting for, mining and removhg the 1 4 3 61 w---J A,phkt 6 some, cs res,rved to Spor Consolidoted Mines Company by instrurnent recorded May 21. 1958 in Book - ---Al#7 - .45 -2-~ %4;, Â£412 - / 184 at Page 41 , Acce= & Utility Easement A ~ g. Restriction:, which do not contain a forfeiture or reverter clause, os contained in instrument recorded h 1 /f *4 -1. 30 Book *39, Page 437 -:7 435 - -1-- 'f 'l* 4% Book 206 ot Page â‚¬36, oi mposed upon sublect propert, by instrument r,corded Jonuory 29,1965 in . 44 8' Radtus Book 211 at Poge 344. ----,/ 3FLIY- ngo ' '*Dept~~uf~ 4% ~~~, ~ ~ 2~ ~ 1, ~ ~~ 0 1 Condomink#,1 Associoticâ€¢7 recorded January 6 1969 as RecePtion No. 133701. 10. Terms, conditions, provisions and *Wigotions as set forth in Artdes of jncorporotion for The Durant T *40469\. E / ~/~ v'22'z~~ el~/1/0 42 P esto/\ 9%E/' 71. Eosemants. rehfs of ,â€¢cy and a# matters as d/sc/ossd 0,7 P/aes of subjbct property recorded #, mot Book J ! jo - poot 6< *'< rOÂ»Â¢+ 024 4, ~6729 1 ct Poge 376 of,d Supp\emental Ptot recorded En Pict Book 4.01 Page 36 und, Red Plastic Cop <0*1#4~4â‚¬ft. 0319 /4/AL -62 / 4 . PA, 2. 1 11 111j / 12 Terms, corldltions, proWsions, ob/igatens, easements, restrictions and assessments cs set forth h the \ Patio Condominium Dedaration for Durant Condornhiums recorded January 11 1969 in Book 238 at Page 968, ~-~9, Page 437 ~ and Flit Supplement recorded December 18, 1969 in Book 245 d Page 102, Ind Fht Amendment to the Pump HDU~ / First Supplement recorded January 19, 2000 as Reception No.439665, deleting therefrom any restrictions indkating preference, Nmitation or discriminatlon based on roce, color, rengion, sex, handicap, fam#ic,i 11'R-> / k. 44 U // ~ / / Stotus or nation* origin. Spruce 11 Terms, conditions, provisions ond obligations of Easement Agreements rworded h Book 439 at Page 467 1 ',10 , LINE TABLE and Book 551 at Poge 485. LPVE BEARING LENGTH N 15Â·00'00" E 44.95 14. Terms, conditions, proWsions and Obligations os set forth in Rules and Regu;ctjons recorded January ! 6, 4729 \51-- 1998 os Reception No. 412614 1 0 2 L4 RECORD N 7500'00= W 53.31 SURVEYOR S CERNF?CATE: :4 FIELD N 74Â·51'15' W 52.86 09'TH A VENUE . 7. ~ ~ ~~i -J~~~ RADi-5 TANGE--VT ~~ ~~~~~~Â£ 4~~- ~~ CERTIFY THAT THIS IMPROVEMENT SURVEY WAS PREPARED FROM AN ACTUAL MONUMENTED LAND SURVEY OF l HE CONDOMINUMS 1 , 1, JEFFREY ALLEN TUTTLE, BEONG A PROFESSIONAL LAND SURVEYOR 04 THE STATE OF COLORADO, DO HEREBY PLAT BOOK 3 PAGE 59 j "< f&- -9%0'16,1 PROPERTY CORNER MONUMENTS BOTH FOUND AND SET, UNDER MY DIRECT SUPENSION AND CHECKNG; THAT ANGULAR MERE DETERMINED BY AN ACCURATE CONTROL SURVEY IN TME AELD Â¥HCH BALANCED AND CLOSED CURVE TABLE IT E CORRECT TO THE BEST OF MY BEUEF AND KNOWLEDGE AND THAT ALL DIMENSIONS, 807H UNEAR AND 0 01 .70.08' 90.00' 37.28 WITH#N A UNIT OF- 1 N 15,000 (*WICH COMPUES WITH COLORADO PROFESSIONAL STANDARDS FOR A LAND 9,/ 4. --X / / SURID' PLAT AND RE CURREVT ACORACY STANDARDS FO? AL 7Â»ACSV 64/40 77;LE- SURkâ‚¬757.Â· / A,'7?719Â£7? CERT]FY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON TH#S DATE APRL 1 2013, EXCEPT 1 UnLITY CONNECTIONS. ARE ENTIRELY WTHIN THE BOUNDARIES OF }NE PARCEL EXCEPT AS SHOWN, THAT lHERE 4 EXCEPT AS INDICATED. AND THAT THERE 6 NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR < /~ 8 ~1~ ARE NO ENCROAWMEN73 UPGÂ¥ 77Â£ DESC?ED 89Â£*SES BY /UPROIMEVE GNANKADvaN~ PREWSES HKH ON RE HILL Book 439.Page 437 GRAPHIC SCALE BURDEN;NG ANY PÂ¢RT OF SAID PARCEL EXCEPT AS NOTED. CONDOMfNUMS ~ 1 PLA; BOOK 7 PAGE 85 1 A 0-$ .73, -"i â‚¬4 'Eâ‚¬Â»: ~ G 4 1 01 . i C gr =) 1 14 C Ab--4 7-n 1 k/h = 20 ft 08(i . ): :~/'Â£- 05/obht 1 1*Â»uÂ«& 33638 l DAT* TUTTLE SURVEYING SERVICES vl~te 718 1 Gatena Street erown byÂ· JW A..chng . C...... ./. ./- Ills' le,n,rwil.I C kÂ»â‚¬X- 4 2â€¢/11 Gchan baid P. any */pot :4 727 Brake Avenue Im,provernent Survey Plat Dot. 04/04/13 & surâ€¢Wy U,64- a.. 4,4,5 /, r 1/0/ _ 1 4 *- # 44 â„¢ 4 -- My Glenwood Springs, Colorado 81601 =tunt,162 av:v.-â€ž (970) 928--9708 (FAX 947-9007) . â‚¬-.1 ,#.... u ...,40.2....... TUTTLE SURVEYING SERVICES City of Aspen, Pitkin County, Colorado 4,Â·.Fs. Ernau- fe,70Â¢ss-us. com 2 5 62. City of Aspen - GP.S. #6 E / :â‚¬" ~ -/Sch & HOokins ~ 4 3 1 08 CD O 4/6 - m 4 Top Sock of Curb | - 4 Oev. 7964 65 4 45 24" Cottonwood L.S. No. 15710 & 575Â·00 001 Found rebor & Yellow Plastic Cop 4' High Orange 714 4.207 -,pnstruction Fence-~ iJ Â·29 L. S No. 1018 Found rebar & Yel~ow Plas tk Co~ Mopl . *' Dia , 112 430202 10' Radius 41 .3 4 (1 â‚¬ .195 td . /14.13 Spruce (4) 4' High Orange Construction Fence spen e f f 4 00 M M . h 0.2 E f'f P t-- Se,77697 4Â£ 4? (0 4 .j::' 1 0 Dic , # NOTES. ~ il -- 4' high construction fencing will be constructed 43& 3 to preserve trees on site st risk due to construction t. !41.0 5' Ra 1* j..,/10...9 Spruc of the new retaining walls. Any exposed roots will be 1 spe 9 F 41 protected with burlap during the project. Â¥ 39 2 4 Water f 01 e. 01 vo;ve 1 11 - 465 F :1 Curb Stop to 3 s Meter V I Se lop Hock of Curb'~ â€¢Â· 4 j ~~ 7500 - 3 6*7 Elev. 7976.29 Bldg. En .epic ; D. 0 Â£/ect,2 4 Maple p Meters : 5.7 ~ 1 CS L -s~n 9" l 6 a,â€ži: \ . i Id 35.45 Spruce S â€ž L* O" Dio 1-6 L4 L _ U 9-4 4 0 4' High Orange Construction Fence AS - il.[5.971.5â‚¬wer ~f _~ec~ Clump Trees --- 11 0 *4 - 119~. 1 Eosement A ' . SprucÂ¢ _ 14 2 B#tk 1439. /Poge 437 0 43 f. 4 Sp 6 ~ 1 *Aef;ej* J'Â¢75'00'00-Â£ 0 a 3 pru W DATE .SUEmEV,SION 0 0 0 6.4- i/// 9 edius 04,9,3 fORIPMSUe/rTTAL 53.31 (Record) 9 Bldg. C 7 4 0069 (. 1~;*4 ti' / 112 1 8044/ 362Â·p,g Red Ptaste ; 4 4> PIN 1Spac - 4 00 4 450 9 644 / U Â· +ub 4 d â‚¬J "8 L y.f , 61 6 . n# Â»42 * Q./7 #I 0 0 00 4'High Orange Construction Fence **18 1 1 / / 5. 19- 0 0 â€¢90 g. r'./4 JM' CD20/.Dwg DRAWN.Y I FILENAME %9 ..UÂ· 7' Rod. Spruce 10 4 0 ement Â£020.0 0. 46 45* h echerry Clump 1~=20'-0' '6'2g SCALE 0 EO 01* t MANAGEMENT 8 /4..95+9~ CONSTRUCTION PLAN 4' High Orange Construction Fenc -4\ TREE PROTECTION Aspen " Eoselentl 7 f 915 011 'u EZ9 188319 eueleD 4]nos WAL teuÂ·IdosÂ©'aisepe"ie; ie ope,0100 Â·uadsv 10 6Â£'4 4008 41% Des SO 0 4 uauu@503 01 Joeigns 4 SINAINIIAIOaNOO 1NVk:Ina b .9/S 1.09/ 9.1 09 0 City of Aspen 3 G.P S #6 IGarmisch & Hopkin s E S -E 2 =Ze 14- C Q HW -0 : 22 0 Â°'Â·)'tl Top fock of Curb ~E/ev 7964.65 : 1M 5755000' LEGEND (3 0 1, 1 orb- COMMON NAME BOTANICAL NAME AMOUNT SlZE ~~ ~ 739-sh : g,AP> EXISTING DECDUOUSTREE 1 1 Ex~SUNG SPRUCE ff' 4 ASPIEN POPut. TREMULOIDES 33 2' CALIPER pan 4 I AMUR MAPLE 'FLAME' ACER G~NNALA FLAME 1 9-6'.3 spen 3 AUSTRIANCOPPER ROSE ROSA BICOLOR 23 .5 spru uÂ· ''' ~ 2 LOW GROW GUSS SEED MIX & asemen e U 0 34 - b 2 (0 price 5 y /5 C C> 0 Â·43 1 0 . lili CO h 1 64- 1 0.5 - N_&5 n 6- 4% 1 r Spruce |F pen. 10~ pen 9 ILL-d_____Ii 1/ spe. pen 12- \ 0 Ze Swuce 5- pn,Ice. Spluce 8 ASIC) 0 -5 SPTUC ~ Aspe".1. p.26 en 5 Uipen r /5 I 1 .J / DATE ISSUE/REVISION It O rai 04.191 3 FORAPPLICATION 06,2,3 Rf=~SEDFORPERurT . 2 *#* p SO DRAWNBÂ¥ Eo ement Lree ramowal ~ FILENAME 8 oke em, Clump Â·~ .Eo n~ent 8 SUALE 1"=20" O rÂ« 40/9 Aspen. 1- I en 8 ~Â· LANDSCAPE 1 .09 PLAN TREE Aspe 61 MITIGATION / \\.1 Eosed nt L-2.2 leuÂ·sidos 6,5/plue/el"le opeloloo 'uedisv 40 69* 1008 u! i#;io; 1.s so y S'U/~Uass) 0/ }3@tqn~ X SINAINIINOONOO 1NVEIna 3% 00 91. q.OT 0 4/7 , 00 0 F. D $'095 e / 0 .4 r 2 0 ~uÂ·r N15*00 00 0 - 4. ~ 4 $ # .,0.,iN @ ~ 1 96 012-A\\4\ 0 4 / / 41. I ./ /0 6 4 *t 2. P 4 N '9 a L' i -4.- 81 41 21 4 1-1 0 9 . f 4 4 . 4 i Ill - )21~'I~ . .222 0 *4â‚¬ * 4 1 42 b l L- 4- 1, / 0 Of. 1 4 I Â·30- Â· s 4/9 ~ .\N \ 5 30'00-W 07Â·ecor<u k0; * '921 . - f. f y 1 7 01\fi Property Subject to Eosements A &8 set forth in Sook at 3 W 03 439 8 13]00*430 i e 46 Ilififfig SE Efff 515 1 i :fi m Elite Land Design, LLC 1- Tim- 1 Zi E ~ 1 2 525 Paseo Dive z . 718 South Galena Street Carbondale. Colorado 81623 DURANT CONDOMINIUMS LANDSCAPE ARCHITECTS 1 1 r I Pl IONE 970.963.1123 CO Aspen, Colorado elitelanddesign@sopris.net City of Aspen 95Â·00'00'E Wiwi 03 w '03 3dVOSONÂ¥1 3./.333 .....0 #1N~aB| W- S.V./.I I LiE5 GENERAL NOTES: ESIANT .-.. * - Â»â‚¬4Â»2.*..92z - 1 EXISTING CONDITIONS/SURVEY PROVIDED BY TUTTLE SURVEYING 70 BE REMOVED 7 ~/15;An 34--AÂ» 12-1 =WeR--t~idlbLIN~0 -- _ - 2. THIS DOCUMENT HAS BEEN PREPARED FOR FIELD COORDINATION PURPOSES TO SET ULTIMATE ~Â« [30571NG TIMBER WAU - EXISTING BRIDGE ALIGNMENT OF SOIL NAIL WALL /-- -GRADES (DEPICIED M 3. EXISTING CONTOUR INTERVALS ARE AT 1-FOOT EnS11NG BRIDGE /2 15-FTPÂ«44.-- - L r- 10 BE REMOVED ' . BOTTOM OF WALL ELEVATIONS HAVE BEEN SET AT A MINIMUM OF 16.INCHES BELOW EXISTING 4. 5< - p- - *./ I - - I TOP OF WALL ELEVATIONS TO BE FIELD SET, PROFILE BASED ON 1-FOOT CONTOURS *r*xr/frfgk p----4.-1 --11.1=,~--izÂ»1~u=4Â» s,1<iz / -~Â·' 0 '' /48RtalÂ¥-_ _- END SOL NAIL WAIC AT F.1 - # AND/OR PROPOSED FINAL GRADES AT BOTTOM OF WALL = k 6. SQUARE FOOTAGE OF WALL IS CONSIDERED APPROXIMATE, MEASURED FROM TOP OF WAil TO 23. fi~ ~(20,FR Â»-~~-3 -64%20-j*= :rYMmT CE__ 2- ESUNT -~~ '' ''~' 16 * 74 K A \ '116.814-3 1 ll;;%031~~ BOTTOM OF WALL 1 11 7 ALL EXISTING BRIDGES TO BE REMOVED AND ASSOCIATED WALKWAYS WIU. BE CLOSED OFF rE (rm). sig / .. \_. PERMANENTLY UNTIL CONSTRUCTION ACTIVITY IS COMPLETE, //0, ./.r - . ~.\~.51,4.af,42.7573?/ 19, .21~7'L L.~ / CONCRE~/ -:--.-I----* . .154.(AL-I--f-i-- .COT LQG- --2-~~~w=- R:79::\1- *Â»414. -... -3-.4*" U- \ \ *u.1 8 All INGRESS AND EGRESS FROM ALL BUILDINGS WILL BE KEPT CLEAR DURINGCONSTRUCTION C 9. ALL EXISTING DRAINAGE PATTERNS TO REMAIN peg> 2 4-J- -- - / \nut h +- 1111/. ~ 1.41-- 22.78' Â·- .3 7 %~1 i - --~-Â· ---- -- 10 BRIDGE EASEMENTS PER BK 14. PG. 32 -. R,2.Â«iÂ·B@ '2 - --/- -.-43> -- -9~10 5.--di),9414"fO<;â€ž .3-1.-1 - < 11. 15-FT PUBLIC TRAIL BK 3. PG. 376 PER ]MPROVEMENT SURVEY PREPARED BY ASPEN SURVEY ENGINEERS, INC. DATED JUNE 7,1995 & FIED AS SK. 40. PG 99 & 81< 7, PG 85 4 \ L. -4 6 5.-Ad>94 -4, . -bk- Â£ i \12 4 Â» 1 1-9 Z r * -=-1.=~ ~u 422Â§,ta__ ~~2_ --1.122 EZIÂ·Â·*i--i - - 29 GRAPHIC SCALE Â° 1 \ 0 flo 'h - \\ 3 -- \ d i PLA61Â¢ERPANEK 46--)24<_ 2.. . 11.LF.4-el.o~-,--~~BUILDING B. 3*t\ Cm YEET ) 1 inch = 10 ft. -- - - -REPLA~EWSHNG . #LV ELEV: 79813* 1 CONCRUE IN KIN~ 1 \\ v' f,4 L,'F, 4~ 01.qÂ¥ x ~ /33 + \44 - J-*-~ M:V L .. 0 11 0 7. p ' L. t.% 2'9.- fi~~6ff.---ic--BultikE-Ar-- P?wv. A_ :. :' .i .-_ / c 0 8 -&9 - - __ --- Â·-1-1 --- Roum buswmICE DRAN ~ ~~ O ~NÂ· EROSION CONTROL MEASUREe SHALL 5 'QI &22 P;PE 70 LANDSCAPE AREA ' 11 ~... . ~ , ~ '~< ~ / ee .*n*/A'r ALL TIMES AS 1.1 E & 10 \ DIRECTEOBY THELOCAt JURISDICTION 0 101 2 BURY END OF PIPE IN E , 6 . 4 .~_r-z.--22223!9'.fl~-!lit;5._1 1 . - FT I= -- COOTSECT .03 AASH..COARSEAGGaEGATECRB' i 4 ' BUILDING A&8 SOIL NAIL WALL PLAN VIEW 1 AU ROCK ....1~OVED>UPONCO~PL,110,% / 3 3 ~11.:1~L.. ~41.. ''' it 1 PUBLIWIWAY..........FREE. SECT]ON A+A / I--- / 0#4~. 11~ Â·'ES, 055~_-0..r>~ 2 -/ .EX/STING CONCRETE WALL- 1 - -- ...._ 1 12--Â·.Â£ SmUC?URAC /. PROPOSED~*D/MENJ" -- \V .6%:32 i. -<2- - 0 -, 02744. , 942X p .. . .I .. 4 1. , ... Â·),Â«: ' ) 7* 9/.<~8 - .. - 4 111 12- . 449(*.0.00Â¢00, 0 - 14<Cl . r 11 -- 1- \34-: -. - 11 - - AMJHUS)ROCK Oâ„¢RECYCLED)CONRErE~Â®P{-*,9,aoo( PAVEME~ NON'i'OVENGEOTE~TILE MEM8RAhE SUBOA~DE NOTES MUD.~RTANOOEB~SAT~LTÂ»ES +IN : VEHICLE TRACKING CONTROL +,+1 4! 4 4 &4.11.42.33 - Â·~14_*~UR--2, :5 , U ~19 ::I +141 (NOT TO SCALE) Â· 8008 Â· U .*636$#$ . -/ dIA k o 4,/tim.. 1----' -' r Ul *0 91 %.-=-7 7=-8--3-217-3*3#LE .pr-.2"-7.2-/.Â·..' 1 -,2--7 - .- _-- - -/ ' .No?: Â·. â‚¬2;:?â‚¬ZZAteÂ©CL Â·---- /.. 9 799~21_~E~r--Â»--A- Â·.-. _44-- .u=--At-=41=4-3/3--4- - NJE228Md7Â¥f - -~---Â·\zi-PRORCiSEDL.102- -' \LL._223 1 - . -SON *4// WALL 7-/ --~----J.SET_lah-BELIM.EX,SING_-4---_--__-4 1 1 ~- SED-NTATION LOGÂ·,/ M. O1AMETER 7992 ~- -1/ROPOSEDBITIOMOF ki -71}-1 f.(11.- -0.M---4--U--~+-----6 L WAEÂ£75053902 DRA/N ~ LINE -i,8-te-BEEOM,-EX/SINq j./.34-4----==-=3=24=kE- - %- A A PROPOSED VEHIaÂ£ - Â· E-----------------7---------------1--~OTTOM OF ~ Â« 7RACK/NG CONâ„¢OL 7984\----------------1--------~- ~ EDGE OF S/DEWALK lo r 7980.00 1 STA: 1+76 \ ~- -9 t. R , -- USEAST......24-AT..RNANE...GREE 1 APPROXZMA TE LOCA ION OF PROPOSED \ -.f ORIENTATIONTHROUGHOUTâ„¢/SEDIMENTATIONLOG 8 0~~ LOW POANT OF BOTTOM OF WALL \ ELEV = 7987.5& -1 4 4 TOW= 8003,3* (SEE PLAN FOR ROUTING OF LEN-----*A=ina='~t_ 7+00 2+00 -TAKÂ£AT.DEG. 1 TOEACHOTHER BUILDING A & B SOIL NAIL WALL PROFILE / ./ / WEnANDS OR FEATURES f y REQUIRINO PRO.99~ 92 I LANDSCAPING LEGEND 3 1 @: e An'Mur Maple S A SECTION A-A 8R UN ~2 0 Aspen .01MEN. CONTROL 'OG INST-71ON NOTES Sls APPROXIMATE 2 ~2 APPROXN,A m NI~ 1 SEE Pt- VIEW Folt LOCATIONOF SED,~â‚¬,n CONTROL LOG. FINISHED GRADE, 7 FINISHED GRADE 1 O Ausllian Copper Rose *~~ 2. SE'iMENT CONTROL LOGS SHALL BEiNSTALLED PRIOR To "r, Le,0 Dlsn,ae,No ACT. TIES. Wi Low Grow Native Grasses 8008 t+-Â«--------4---t-1 4 NOTFORUSE,NCONCENTRATEDF~OWAAEAS 0 3 'll.ENTCON.all'SHAU.CONsi...STRAW. COMPOS.EXCEL....COCON'/1/I 1-1-7--------lm--1-1 11 \ -1 1 1 ~ Gardens . â„¢ESED,MENTCOrTRI...SHALL.ETRENCHEDNFOTHEGROUNDAM,NIMU'. 2Â·INCMES E U I 0 D k. 000411-- 8004 H . 1 1 1&12!Mi!~23Illa122*%.1*12!RIER / 11 Il I ./i I 1. UIESWMPI.,ANAGERS+I.LLNSPECTSED,~IENTCO,r,ROLLOGSDAILÂ¥,Du,1,1,!GANDAFIERAN'r STORMEVENr&MAKE O u.(NA.D.I.---11---1-1 11/ I 11 REPNRS OR.WrI UPSTREAM S..ENT. NECESSARY zod 7gg612----11-1~ 1 IS~TH~; THEHEIGHTOFTMECRESTOFLOG~ 0056 Q =2 f ESTABUSHEO IFANYDISTUHBEDAREAEXISTSAFTERREMOVAL~S}Â·WLHECOVEREOWGHTOPSOILAND REvEGETA1 EDiSTASILIZED IN A MANNER APPROVED BY THE LOCAL JUAISDICTOL 7992F-1-1 79921--vv-lk-4-4 Z O. LU -SCL - SEDIMENT CONTROL LOG 7988- -~ < CD (NOT TO SCALE) :103]f 7984 S/DEWALK DATUM ELEV DATUM El,EV ~----------~~~~V--1 7980.00 7980.00 - CO CO f # 30.9 / 28XU F ~ 2807 3 1 CALL BEFORE YOU DIG CALL UTILITY NOIFICAMON VERT. SCALE =1"=10' /\*i.l///10451 - CENTER OF COLORADO 1+00 1+28 1+00 1+28 '%EOP' (N:41.-39t.1111,98,7 HORZ. SCALE =1"=10' \.,1. 1 LAKE~JOD. C0LOR~00 80215 \.-1 CALL Z-8UINESS DAYS IN ADVANCEE DATE: 6/11/13 CROSS SECTION A- A CROSS SECTION B-B 7::7&:.:'u'r-*'4%6. MEMBER UTUTES JOB NO, 12038 SHEET 10F 2 31 0 SIVILINE AS Ga>103,{ o NV-Id 1Ohll-NO 0 NOIS0213 CINV Ag caNsisaa ~Si ELÂ£01'OZ-( 26) 3 1 NOBBVO C = 7994.8/ FL *66Â£ SnidEE alva Aa NOISIABI Â·ON Ym BUILDING A & 01 WALL PLAN & PROFILE SINAINIINOCI 1 0 0Z NOMOnhllSNOO BOB f -3 I- ' 7-- t-- ~ ' - v- ~ CONTRACTOR TO POTHOLE J~-312 BR~/--'------ UPPER UDUIES IN THIS AREA TO VERIFY Â·==-i Â»ME,%-F-43 -9.*%:21 -- - DEPâ„¢S. ADUSâ„¢ENT oF SOIL NA MAYBE REQUIRED GENERAL NOTES: BRIDGE 1- -- U - 1 EXISTING CONDITIONS/SURVEY PROVIDED BY TUTTLE SURVEYING. *37.0' - =5 - 120 *+30 I I -Â· 21Â»- F R50.0' -~N..--- 2. THIS DOCUMENT HAS BEEN PREPARED FOR FIELD COORDINATION PURPOSES TO SET .& 2Â£=itO _ â€¢1,0.. . ---83>-%- ULTIMATE ALIGNMENT OF SOIL NAIL WALL, ' .~ , Ha25Â»31**'02'-'+~ - Â·.,~ --,~ 1D t .Â·n - =z- -- -_i. 3 EXISTING CONTOUR INTERVALS ARE AT 1-FOOT GRAPHIC SCALE 4. TOP OF WALL ELEVATIONS TO BE FIELD SET; PROFILE BASED ON 1-FOOT CONTOURS . -0 5 BOTTOM OF WALL ELEVATIONS HAVE BEEN SET AT A MINIMUM OF 16.INCHES BELOW C IN FEET) 410.Â« _x , ~1Â¥;*Skvt~ r Â· - _ 74##%2 3~22.-t33~Â·=detb . -'2-8 i,Fc %.2B ~/1 - - 1 -J-1 ---- - 6. SOUARE FOOTAGE OF WALL IS CONSIDERED APPROXIMAI. MEASURED FROM TOP OF 1 inch = 10 fL -' ' ~ --,- --- - PROF'OSED AUGNMENT OF Â»r--_ WALL TO BOTTOM OF WALL ~ .... ....g- - 9 1-f@2 -F~.1,~f L.*22Ifff-3-ff --.-Â· -2 Â·- . Â· saj NA;L WALL CID -- ~ Â·Â·Â· - .-. ----4~_ I 7. All EXIS7ING BRIDGES TOBI REMOVED ANDASSOCIATED WALKWAYS WILL BE CLOSED A-1 1 3 , R ,{ 0 9 r, ET-Â»EU - OFF PERMANENTLY UNTIL CONSTRUCTIN ACTIVITY IS COMPLETE, ,- r ZQ,24* - -EY' )&A.4. 1 4 42. 4*4 9 --- -9 4*>Â·4Â£-4Â° 111>1 7Â°8Â£*. m 1 ~Â·/44.-d i 1.-22.-f-72.-U---1-- -77- 8. ALL INGRESS AND EGRESS FROM ALL BUILDINGS WILL BE KEPT CLEAR DURING 31* LF. 4~ 0 1.05 C CONSTRUCTION. 9 ALL EXISTING DRAINAGE PATTERNS TO REMAIN. EXISTING DRY WELL DISCHARGE INTO Â· / ~ ' E*billNâ‚¬i~Um,Gr 7'~*h *~ ~' ~-' ~ Â·Â·Â· . "TOÂ· BE RE;WO~â‚¬p ~ ~ ~ ENSING MET Â»ELL -~~<'7 -Â·4Â·*~.1~ 1 +./--7 .10 BE .REWO*\Â« , ~ ~0'0' -- ~'~ - - i . R)-\ - 10 BRIDGE EASEMENTS PER BK 14, PG 32 INV ELEV. 7992.3* BUILDING C: 1 Â· Â· Â· Â· an iÂ· 2. -- 74':>41!27*. , SURVEY ENGINEERS. INC. DATED JUNE 7,1995 & FILED AS BK. 40, PG. 99 & BK 7, PG. 85 11 15-FT PUBLIC TRAIL BK 3, PG 376 PER IMPROVEMENT SURVEY PREPARED BY ASPEN e "t-Z--57 -1.--r".- -1.~kispy-**M. CONNECTUNDERDRAIN 01 I-Â· -4. 4â€¢ 14 4@RU Â» (INV ELEÂ¥. 7992.6&) 1 - 44Â¥~~:j zt.. ~~2...= 13.4 974Â¢Â»/3/\20'r z TO 4~ DISCHARGE PWE 7.0 - \2 30- 1 0 /Â£ --- p#- k ' 4 (SEE NA/L WAU PLANS By WTH AND ASSOCiATES INC) 17 Ek,ST,NG 0/WDGE Â· + -Â·Â· v - -~<Â·2Â©Â·4>-21 ' 04< , - 16.4' , 12 DOSMNG BRIDGE ~ \N. 4 - 1.-L-/<7141 1 25%â€¢-~ - _ 91@c~ Jp -. 2 TO BE REWOB ~Â°~-~r '-2~-Â» Â«. 2#7*bb7~ -% 80, I \ TO BE REMO~D Â¤ LANDSCAPING LEGEND F PROPERTY UNE (TYP) Â· 4CD Arnur Maple r~ 27.jo.O, - DIRE-TEDBYâ„¢e LICAL JuR,-crioN , ~ .Z -- 0 -'7 Â· I 29;01. I n Aspen BUILDING D: 1-9 1.,4 P &. CDC)TSECT *703. AAÂ§nO~COARSGAGGR*GATEOR'Â· '1 -' 7/ O Austrian COPPer ROSÂ® I /â„¢INUS)ROCK ORRECYCLE. CO~TE.Dâ€¢(-US, ROCK INS='R0CKFM1â„¢ORBEOW.opof PA.MENT ~ Gardens co M 5- M i NON*â„¢EN./>TE./.*Rem 1=1 *&!16 COMP*D _./ -11.(U"O ~ Low G,ow Na~Ne Grasses ~UeGRI NOTES 1 4,0 '~ ;J EWSHNG =ZE- 1 .LIOCK'OBEREMOVE..po.COMPLE./.oF ~ / 4 6'5NCÂ»EIE WAL* ca n g = SECTION A-A Ms cn . R' )' ,~7 #1 , APP:ROX LOCANON 4 \ OF SON. NA/L WALL I PUBUCROADWAYTO'EKE. CLI.....EOF B A f ~ 9 1 NER=NATION WUD. DIRTAJÂ«,DEBRISATAUTIMEn 4 0.9Â· 6% VEHICLE TRACKING CONTROL b ..Â» //0/ I ' -- 1 , EXISnNG SHED j . (NOT TO SCALE) D (TO BE REMOVED) -=0(04 - ~ . ;Â· SLOPE FROM EDGE OF A CONCRETE TO EXISHNG -- svo 1.- 3 v - / PLACE SHORT LANDSCAPE ~*9 1 1/ CONTRACTOR TO POTHOLE UPPER i.\~44* I 1 UnUTES IN THIS AREA TO VERIFY DEPTHS ' ~ ADJUSâ„¢ENT OF SOIL NALS MAYBE REQUIRED NAIL WALL ALIGNMENT , 211 1 048 -VÂ»na--:/:-F~1 8020 0 -- 240 i:Li 1,2-00 ii:&.1-- 1 32~.4.--- A#t:,0..Tr. a *0.41;.i'Â·00:Â· Â·; , . j 61&-12#1--ft:%-31--ft--c.:-M _fl --f- Â° 2'-~~-*-,Is-*Bi; --*1' *612- ' 8008 0 ~-4 -- - UPP 8-Ill.Wk_=31 ~ .0.-11 END UPPER SOIL NAIL \ f/Â« WALL AT STA: 2+905, \ 9>- USEASTAKEEvERY.Â·.TALTE.....DEBGREE APPROXIMATE 26 17775-WKEr'..EZES F. ~ ~ Â· A ~ / .g.. 21*k- TOP OF WALL TO MATCH L PROPOSED VEHICLE CnIENTATION YHROUGHOUT THE.DIMENTATION LOG - #P9RGArâ‚¬Â¥aA si 700- . . 0, Lu 1- m / EXISTING GRADE TRACK/NG CONâ„¢OL 1 FINISHED GROW!4D . - - - -----=- BOW =7997.56 PROPOSED TOP OF.. PROPOSED HOTTOM , P,Â·6/ iSED TO OF Â· - 8000 - .- ' Â·. â€¢ iÂ·rnww 90,12-N,;L- ---~~~-~~ --1 + PROPOSED ANISHED ~WALL Â· Â· + - - WALL---- 0 0-USETWISTAKES, 1,2'.11,2.'SUFFC,ENTLENGHT.0 7996 L-1 EMBETATLEAST 12 !/TOSOILATEACH END OF LOG Iwl-WALK 16' MSN. GRADE TOW =8007.3?t BOW ~TAKEATOODEG 7992 - - - - DATUM EIEV STA. 1+66.63 7990.00 END OF BOW 3' BELOW FINISHED GRADE EL =7996* \ V REQUIR/NOPROTECTION 9 NEAR BULD/NG C. BEGN 11 - 8 lo DEPTH BELOW FINISHED v v Q GRADE FOR BOW. 1+00 2+00 SECTION A-A BUILDING CaD SOIL NAIL WALL PROFILE SED,MENT COÂ»rTROL LOG UIST.LATKI NOTES 1 SEE PLAN 'EW FOR.LOCAT,ONOF SED,MENr CON.. LOG 2 .DIMENTCON..L............PRK. T........TURBING.....69 VERT. SCALE = 1 "=10' 4 NOTFORUSEINCONCENIUTE'FLO. S. 411 3.6 APPROXIMATE 6 ....rMONT.....L.....................1....2-INCHES 39325 8020 - - HORZ. SCALE = 1"=10' *141 r FG-50/L FIN/SHED GRADE. ~ EIS: 918 1 NA/L , Cor. SED,UENECONTROLLOOMA,IrrEN,INCENOTES 8016 --2-- 4f' ~~ %&- 210 1 8020 F -------------~ , niESW-MANMOERSHALLNSPEC~SEDIMENicONinaLOGSDAILY. DoiaNGANDAFTERANrSTORMEVENT&MAKE I. I-: -7-39 79 tia: 8020 ~----~~-1---Â»~4l 8008 h--4 cri-1 8072~22:t~~----1*Lr---424 -=+9Â«-740* a=*L--- 22 34;T--tim:U~â‚¬*4?~ 8016|~~~I. 8016 FI==7.-"12-r-~--=q .: | ./Ams[JRCLEANOUTUPSTA//SEDÂ»,ENr ASNECEs5ARY 8 38 EXEANG SIDEWALK -1 12 2 8ED,MENTACCUMULATEDUPS'REAMOFSED...........LIBEREMOVED'/ENTHEUPSTREAMDEPTI 1. WIâ„¢IN~ .,EME,O,/OF'IECRESTOF'I 5 -lz 9121 8008~~2-ith--~ft=~ELL--:~-iii-- I H -Ir--2 k Kx k ~ggg - --------- c:10(-~~~~P~--1-- --1 GROUND 8004 FÂ»--Â»-1-1-11 - 3, SEDIMENTCONTROLLOGSSHAILBEREMOVEOATTHEE,Â®OFCONSmUCT,ON,04CEPROPERVEGETKTIONHASBEEN 0 Lot-Me. 2-2- m=-m 8012|~---*~~ ESTABUSHEO . ANY DISTUABED AREA EX,grS AFTERRE'OVAL IT SHALL. COVERED WITH TOPS'[LAND 8012 0 0, NAIL REVEGETATED~STAB~LIZEDINA~MNER~PRO~DBYTHELOC~JURÂ¢SDICM FT EL. 10 80001 74 R k 11_ I 80044 2 m M ZE m Z 0.0 8 ~1=IUZZIEZIZZ] 21Â£>E'G ="Dor--7-1--171 1 - SCE - SEDIMENT CONTROL LOG < 00 [r: 8008 ~--~~~*+1.011 1\ ApPROX. LOCATEON OF TELE 7996 El_=L-1 (NOT TO SCALE) CE <mul 1 N Ex,St/NG I 8000 -= - ------ - 8004-~rlÂ©------4-*D 4'BURY DEPTHS. 8004 N--7+--1 P---O-GR*--1 0 7996 ~ ~~~ --- =---- =_~ =~- )~G~ID- - /-= ~ RESPECT/VELY. CONTRACTOR FF EL E--------~~---~ 7992F--f---1-9 1----r-lr----xE--bay--10 POTHOLE EX,SnNG Z 8000 -~1--------V-----~~4*L/nES PRIOR TO PLACING - < - FINISHED s,biL //6 7988 r---t---t--1 / aL. =/997/ 7992 Â· 7996--L- 7996 t-*ak#ATE 7984 -~-j DATUM ELEV -14&::::G~tu=Â« SHED-G 6 --7990.30 -\ i-*A _.4. + 2 -f=-#p~-I~-ir-1 4-1 ..319iff ;+6 -.1,87/--_.*ef--i~i~~fb<2-li- )7323~~~~---- 1 - EXISTINGAND/ORPROPOSEDANALGRADESATBOUOMOFWALL. J 1 .7 ,%~Â«Â»Â·f ilÂ«Â«c*au-re - -i.%..ci -wt~j'~=ittfÂ«.1\ . t. r \i'. P 07 ~9 12,1- 70.91.52 7 -7, u 16 , i Ii -- A /1 1 1 1 \ 1 'ts . m m / -- '-# 61 r . . 0 UuuÂ· 0 0 0 47 CD 1 \. A A 43Si-__-t g__ D 1 1 ~ SEDÂ».IENTAnON LOG. triÂ», DIAMETER . 0 aGo - n.4 - a:M F 8 - TRANSITION TO 15" AM#~IUM 0 0 0 co / O 0 0 00 Z 3 (C> n Z 10 0. - :~YL m lili (/ 1 =7999.9=98000 I 1 08% DATUM EI~\ 7990.00 7980.00 DATUM EINF DATUM ELEr L 4 -1-2 / ,/ %3377 : ~ @ R I ip-j ,~~LE~ DATE: 06/11/13 ~*ING_CSQLNAILWALL_PROFILE<LOWER_WALL1 JOB NO. 12038 1+00 1+00 1+00 CROSS SECTION C-C CE-OSSSECTION-010-UL CROSS SECTION 02-22 SHEET 20F2 31Â¥(] S-â„¢11-IN EZ9Le 00 08&!VO Ae OBNOBHO 071 'DNIHENI D SIHdOS 01 na NO!SIA3kd *ON -SIA?rm- 0 210100 NB 8006.2 1 | 31130hld 9 NVI ll 9 0 DNIallnEI 10nkLLSN00 103 -Â«-5 1:1 19 DENDIS30 8005.5 8007.0 May 19, 2013 City ofAspen Community Development 130 S. Galena Street 3rd Floor Aspen, CO 81611 RE: THE DURANT CONDOMINIUM AssocuTION, a Colorado nonprofit corporation (the *Association"); Application for Installation of Retaining Wall at The Durant Condominiums, Aspen, Pitkin County, CO (the "Propertv") To Whom It May Concern: The referenced Association is responsible for managing the common elements ofthe Durant Condominiums. The A.ssociation hereby authorizes Tripp Adams of True North Management, LLC, a Colorado limited liability company, to submit an application on behalf of the Association to install retaining walls and soil anchors in the hillside above the Durant Condominiums, as outlined in such application, and to represent the Association in meetings with City staff and review bodies. If you have any questions or need any additional infonnation, please do not hesitate to give me a call. Very truly yours, THE D~RANT CONDOMINIUM ASSOCIATION M.\ 4-4 Paul *0*end PK/fp ce: Mr. Don Shapiro Mr. Tripp Adams 112,22 4-64,Â»is 13'UL Notrlt Â»1/1,Â·61-64.,19â‚¬*,47 2 0, 40> 9695- A C,6,911 .al.,7-/ C.0 43/63 | 6 70> 6/8-6 220 1~-iLippQ~ TR-of HafTA Kn,W\,li>,mi:ir. r.fi.,10- AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law 600 E. Hopkins Avenue Suite 205 Aspen, Colorado 81611 Telephone: Frederick F. Peirce (970) 925-2600 Facsimile; Thonias Fenton Smith (970) 925-4720 Email Addresses: Daniel J. Sullivan fpetrce@aps-pc.coin tsmith@aps-pc.com dsullivan@aps-pc.com May 17,2013 CITY OF ASPEN C0MACIA7TY DEVELOPMENT 130 S. Galena Street 3rd Floor Aspen, CO 81611 RE: THE DURANT CONDOMWIUM ASSOCIATION, a Colorado nonproft corporation (the "Associatwn"); Applicationfor Installation of Retaining Wait at The Durant Condominiums, Aspen, Pitkin County, CO (the Â«Propertv"} To Whom It May Concern: This office represents the referenced Association. The Durant Condominiums is a condominium project created under the Colorado Condominium Act. Accordingly, the common elements of the Durant Condominiums are owned by the owners of units in tile Durant Condominiums as tenants-in-common and are managed by the Association, through its Board of Directors and its officers, in accordance with the governing documents for the Durant Condominiums. Hence, the Association's Officers and Board ofDirectors are authorized to act on behalf'ofthe owners of units within the Durant Condominiums to submit the within Application addressing the Durant Condominiums' common elements. The Board of Directors has designated its President, Paul Keating, and Mr. Don Shapiro as the board members responsible for dealing directly with the Association's project manager, architects, engineers and contractors. Furthen they have authorized its project manager, Tripp Adams of True North Management, LLC, to act for and on its behalf in connection with the processing of the referenced land use application. AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law CITY OF ASPEN COMMUNITY DEVELOPMENT May 17,2013 Page 2 If you have any questions or need any additional information or clarification, please do not hesitate to give me a call. Very trulv yours ~ AUS'rn>I, PEIRCE & SMITH, P.C. / C_ Frederick F. PArce FFP/hs CC: Dr. Paul Keating Mr. Don Shapiro Mr. Tiipp Adams FARIes A-LiDURANT~Community Deve:opment 5-17-13 Letter.doc REC CIVED INt CITY OF ASPEN JUL 1 7 203 Cr?,41 INITY DEVELOPMFNT PRE-APPLICATION CONFERENCE SUMMARY CITY OF ASPEN PLANNER: Jessica Garrow, 429-2780 DATE: 5.13.20TZ PROJECT: Durant Condominiums (718, 728, 738, and 748 S. Galena Street) REPRESENTATIVE: Tripp Adams, 618.6266, tripp@truenorthmanagement.net Brandon Watson, 927.4038, Brandon@ruddconstruction.com TYPE OF APPLICATION: 8040 Greenline Review, Exception for Building Code Compliance DESCRIPTION: Durant Condominiums are a set of four building located on one parcel of land located in the Lodge (U zone district. The property was developed in the late-60s to early-70s. The buildings currently exceed maximum allowable height within the Lodge (L) zone district, and may exceed the allowable floor area. In the Lodge zone, 100% multi-family buildings developed prior to 2005 are limited to a floor area of 1:1, and a height of 28 feet. Front, side, and rear setbacks are 5 feet. The prospective Applicant has indicated they need to update the retaining walls along the slope. The existing railroad ties are no longer functioning and a new retaining wall system is needed. The existing walls, as well as the proposed upgrades, are located within the setback. The Land Use Code includes a provision that the Community Development Director can administratively approve changes to a building that exceed the underlying dimensional requirements 'to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings when no other practical solution exists." (See Land Use Code Section 26.575.020.U This is an administrative approval. The Chief Building Official has indicated that the proposed walls meet thjs threshold due to the existing conditions on the site and the elevation of the ground floor, though verification will be required as part of the land use review process. In addition, the applicant has indicated that portions of the wall and the soil nails will need to be located on adjacent properties. Easements for these are required, and must be shown as part of the land use application. The property is located within 150 feet of the 8040 elevation line, and is therefore subject to an 8040 Greenline review. Based on the project scope presented by the applicant, the project qualifies for the 8040 Greenline Exemption process, which is administrative. In order to qualify for the exemption process, the projed can result in no more than a 10% increase in floor area AND no more than a 25% increase in exempt space, cannot be affected by any geologic hazards, and cannot result in increased erosion and sedimentation. In addition, a tree-removal permit from the Parks Department for any trees proposed to be removed is required. No floor area increases or changes are proposed as part of this application, and the applicant has indicated they will receive the necessary tree-removal permits from Parks. Parks and Engineering will be a referral on the application. 1445 A coDy of the Land Use Code is available online at: http://www.asioenpitkin.com/Deoartments/CommunitÂ» Development/Planninq-and-Zonina/Title-26-Land-Use-Code A copy of the Land use Application Form is available online at: bilp-/*maspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20useÂ°420apt)%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.030.B 8040 Greentine Review Exemption 26.575.020.E.5 Calculations and Measurements - Measuring Setbacks, allowed projections into setbacks 26.575.020.L Exceptions for Building Code Compliance 26.710.190 Lodge (L) zone district Review by: - Staff for complete application and compliance with the Land Use Code - Referral agencies for technical considerations (Parks, Engineering, Building) 14 Public Hearing: No Plannihg Fees: $1,300 Deposit for 4 hours of staff time (additional staff time required is billed at $315 per hour) Referral Fees: Engineering ($265 for a 1 hour deposit - work beyond 1 hour is charged at $265 an houO, Parks ($650 flat fee) Total Deposit: $2,215 /5â‚¬311 718 SfGalena PID: 273718274800 8040 greentine / ASLU 21 The development does not ..quire the removal of any tree for w a permit would be required 0*1 pursuant to Section 15.04.450 orthe applicant receives a permit pursuant to said Section; and t J'Ni 311 The development is located such that it is not affected by any geologic hazard and will not result in ,#~ increased erosion and sedimentation. 41# All exemptions are cumulative. Once a development reaches the totals specified in Subsection HiÂ¢ 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. 26.575.020 Calculations and Measurements E. 4 Measuring Setbacks. 51 Allowed Proiections into Setbacks. Setback areas shall be unobstructed above and below ground except f ~ for the following allowed projections: >* k) Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls, earthen berms, ' 4 retaining walls, steps and similar structures, which do not exceed thirty (30) inches vertically above 3.*0 i tt or below natural grade or finished grade, whicheiler is moi*e restrictive. (Also see Chapter 26.410 - 4% Residential Design Standards for limits on the location ofberms.) Improvements may be up to thirty 5.41 1 30) inches above and below grade simultaneously, for up to a sixty (60) inch total. Improvements f~ may exceed thirty (30) inches below grade if determined to be necessary for the structural integrity i %# of the improvement. (See Figure 16). 16. 26.575.020 Calculations and Measurements 1. Â§* Exceptions for Building Code Compliance. The Community Development Director may approve '9 exceptions to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists. The Director may *?equire notice be provided to adjacent landowners. Approval shall be in. the form of a recordable administrative decision. Chee?s, Jessica Jessica Garrow, AICP Long Range Planner Comniunity Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 11' 970.429.2780 www.aspennitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. if you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicabfe, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual represen.ations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimerr al reliance. 2 13* 44 444.-9/4.m â‚¬ 2 / f= 349 20/3 + 7*>Let RECE[VEL i m JUL 1 7 2013 J ]~31 t 4 ATTACHMENT 2-LAND USE APPLICATION CITY OF ASPEN PROJECT: COMMONITY DEVELOPMENT Name,1 .01-H-Efihol#Â¥01- c.-onbOM j 4 1 041 S. ASâ‚¬ - Fi {-04 -4.14*Â£*Ac.,i~k.+4-40#,i Wit( ik-AllÂ«.0*,0 /. 0 1 . Location: 770 6Â«4~42 0. Aptil t /13â‚¬1(ni\ : Lar /1. ALLL 1 i A-AttleA 4 4.10Â·160, fi G.0 (Indicate street address, lot & block number, legal kescription where aplfropriate) Parcel ID # (REQUIRED) 3 ft#' APPLICANT: Name:i * 4~499 -6102Â»1 414*14+yp /119 Al Â£24 -9.-Â® 4\AnÂ« / Addrekk f?0.40*3(Â£>91 24,427-, La 9/6>31.\ / Phone #: ( 9 404 Co/9,- 611* REPRESENTATIVE: Name: ill -1836 14<>(trA All-d Afyâ‚¬,619 4 Lul - 171;p,A 4\4*1 Addres~ 3,0. 40*3699 4.Â«Acr, co Â«/4>XI Phone #: (I 9 9,93 G /9> - 4> 21 42 TYPE OF APPLICATION: (please check all that apply) E #GMQS Exemption Â£ Conceptual PUD U Temporary Use C] fGMQS Allotment D Final PUD (& PUD Amendment) El Text/Map Amendment Â£ Special Review U Subdivision CJ Conceptual SPA ~VESA - 8040 Greenline, Stream Â£ Subdivision Exemption (includes U Final SPA (& SPA ' 1*Blargin, Hallam Lake Bluff, condominiumization) Amendment) 13,lountaili View Plane U %Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U likesidential Design Variance U Lot Line Adjustment * *er:4ei,G'U-RD U tonditional Use 130\~4,1,9 44'45, EXISTiNG CONDITIONS: (descnption ofexisting buildings: uses: previous approvals, etc.) 6\) 0614 2â‚¬54,4,Jor Ul-14â‚¬2 /Jectst Bl ub d//Stag. A.Â£9 Fitit,k 39-4,v, ib Auf /AincyÂ·q 632 0 - Aint*,1 Ekc-02~Â·kni,/ PROPOSAL: (description of proposed buildings. uses. modifications, etc.) *2-6.plar 4 9-Â·nÂ«, .1~-29+41,4,/IC (A,#CS Urf#- Pâ‚¬1/waviT- 50,6 44.0 w.1-LES 9>*19.- 47rk-I+4 FA h eÂ£Â£ 4., fl,-ad Have you attached the following? FEES DUE: S Â£ Pre-Application Coiiference Summary [3-Attachment #1. Signed Fee Agreement G-Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 0 3-D Model for large project All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 2% e Â·laS:2~ 1 A RECEIVED JUL 1 7 2013 CITY OF ASPEN COMMUNITY DEVELOP~NT 'â€¢ #Â·:-1.. .4.greernent to #323; Agolication Fees 4 1 4 An agreement between the City of Aspen (tity") and Phone No.: 970) 618-6226 prop .* Dueant Condominium Assoc. O'uner er): EmaH: Tripp@truenorthmanagement.net Address of 718 South Galena St. amma =or you East Duran 1 Ave. Properly:. a qnar Cr' 2 4 04 1 (subject of a.-P- f, w w i., 2 u , , Ac A AI'leÂ» 4 -4' */*' Vvv ... application) 4..,E. U dit:* T:ilÂ·~231 1 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees js a condition precedent to determining application completeness. 1 understand that as the property owner that I am responsible for paying ati fees for this development application. tor flat fees and referral fees: l agree to pay the following fees yorthe services indicated. i understend that these Rat fees are non-rekndable. flat fee for . * liat fee for Select Dept ... 0 Select Dept *650 Parks , 0 Salect Review fiat fee for . 4 fat fee for ~ For deposit Cases on:y: The City and I understand that because of the size, nature or scope of the proposed project: it is not possible at this time to know the full extent or total costs invoived in processing the application. i understand that additional costs over and above the deposit may accrue. 1 understand and 2491-ee that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findin:gs to be made for project consideration, unless inv=Es ye 1-aid in full. The City and ! understand and agree that invoices maned by t.ie City to the above listed billing address and not returned to the City shalt be considered by the City as being received by me. f agree to remitpayment within 30 days of presentation of an invoice bythe CitÂ¥ for such services. 1 have read, understood, and agree to the Land Use Review Fee Policy Inctuding consequences for non-paymerit ! agree to pay the following initial deposit 2. moliOtS hi' Chespecmet; houm of staffxime. 1 understandthatpayment of a deÂ©osit does not render an application C:vppiele Or COillpfiant *fill apprOVal Oriteria. Hactual record:ed costs exceed' the initial deposit, 1 agree to pay ablitional monthly billings to ihe City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 1 Cnn d Â¢ f,WWV deposit for * hours of Communitv Development Department stafftime. Additional time above the dep:osit ame:nit wili be billed ate*o per hour. e: 0 -r 4 * 4100 deposit for ' hours of Engineering Department staff time, Additional time above the deposit amountvvin be billed st $265 perhour. City of Asnen: Property ~nerA ~ r 4 1 Chris Bendon \ Narriet Paul Kefting 3\ 4 Community Development Director /1 . Title: Durant Condomi~pm Board Pres{Nent City Use. 11~4 5 Fees -ue: 3 -- 1 Received: $ ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: -7-kE Dok-.4-Â»-1- 6.0,1 00 /11,0/004 44504-400.4 Applicant. ~15236.- Norrit FUÂ·Â¥W 4-et,neÂ·,TE 4.6 - -7-/24-* /1-04416- Location: -976 5.6-4-4'LANÂ· &77 /kPEN,/.0 9/6//, Le-r /4.2/oc-#C A Zone District: A 08 6.-E. A. ) 2. 04 Â£ 65-7-12 cal- Lot Size: Lot Area: (for the purposes of calculating Floor Area. Lot Area may be reduced for areas within the high water mail. easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number ofbedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: 61(87;tj 4 2/64>16-5 2Â£1-04/ 15 LJ,ft.CS. 6-+LE,0,/4-7Â£4 -7-6 a.)01Â£61 /4,=,T- 80;70~.ij 1 Floor Area: Existing: Allowable: -Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing.~ Required: Proposed: Rear Setback: Existing: O Required: S ' Proposed: O Combined F/R: Existing: Required: Proposed: Side Setback: Existing: D r Required: S ' Proposed: e)' Side Setback. Existing: 0 r Required: S ' Proposed. 0' Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: re, 10 - 1/ Tripp Adams From: Jessica Garrow <jessica.garrow@cityofaspen.com > Sent:11 Monday, May 13, 2013 2:23 PM A tripp@truenorthmanagement.net; brandon@ruddconstruction.com Subject: 718 S Galena Land Use Application Attachments: 2013 Fee Agreement.pdf; 718 S Galena Durant Condominiums_8040 Greenline Exemption.docx Follow Up Flag: Follow up Flag Status: Flagged 3931* Dear Tripp and Brandon, I've talked with our zoning officer and reviewed the 8040 Greenline dimensions. The property is located within 50 - 100 feet of the 8040 greeline, so you do need to make a land use application for that exemption (26.435.030.B). Also, I got confirmation that the walls are not reviewed under the foundation footers, soil nails, and similar features, but are instead reviewed under a separate section detailing retaining walls (26.575.020.E.5.k). That section limits retaining walls to 30 inches in height, which doesn't work with your plans. However, we have an administrative variation process that we can use to approve the walls as you've shown them. I've talked with Stephen Kanipe, and based on his meeting with you this morning he believes this falls under an exemption for building code compliance (26.575.020.L). So, the pre-app is for the 8040 greenline review as well as an exception to setback requirements for building code compliance. Let me knowd,f you have any questions about the review process. Attached is the pre-app and agreement to pay form. Because of the 2 reviews we do need to charge the full application fee - if some of the planning time is unused you can request a refund. The pre-app outlines all the forms that are required as part of the application. It's best to include a cover letter outlining what you're doing and why. You will need to resbond to review criteria for the 8040 Greenline as well as the dimensional variation due to Building Code compliance, which can be part of that cover letter. That code language is below. The official land use application is located online at: http 7141.4.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps<20and%20Fees/2013%20land%20use%20aDD%2Ofor m.02. There is a dimensional sheetthat you'll need to fill out. Please fill in the setback information as that is most relevant to this application. If you don't know the other dimensions that is fine and you can leave them blank. Let me know if you have any questions about filling the application out. So the next steps are for you to make the land use application. It will then be assigned to a planner and you'll Work with them.tlt will be referred to Engineering, Parks, and Building for review. It is up to the building department if they will accept your building permit while the land use case is pending. You should talk with them at the pre-submittal meeting, or follow up with Bonnie or Shannon, about it. The review criteria to respond to are below: 26.435.030. 8040 Greenline review. B. Exemption. The Community Development Director may exempt the expansion, remodeling or recoriktruction ofan existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25%); and 1 9 4Â»1,13 4-0 1 4. i Fool f 61Â«â‚¬QF uÂ«tb ~'~14.1-ke W jZAI,~ 4-u 30Â«- M CLU_<YÂ¢ (/ 2 4 U 4 A - r ,Â£4-A-UU-ts f Of/L 0"1*f,k_- 61~ lud/( l CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE Cm oF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 49 Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix ofLand Use Application Requirements/Submittal Requirements Key 5. General Summary ofYour Application Process 6. Public Hearing Notice Requirements 7. Affidavit ofNotice All applications are reviewed based on the criteria established in Title 26 ofthe Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspennin:in.coni . City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development it cannot possibly replicate the detail or the scope ofthe Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. â‚¬OMMUNI1 ) DEVEI.(,PMENEDEPARâ„¢ENT S / 4 1-T-- Land Use Review Fee Policy &Â·4. $Â§?3:; The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A tlat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pav Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1*75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. F 1%911 = ]Â»11# Januai*2013 Cil~ofAspen I :'-04 0016,4.51 '9--1920-5090 ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews. do not duplicate infonnation. All application materials must be complete and submitted in collated packets, All drawings must include ali accurate graphic scale Type of Review App. Submission Requirements Process Type (Sec Process Number ofRequired Submittal (See key on page 90 Description in Att.5) Packets 8040 GREENLINE REVIEW 1-7, 8-10,35 P& Z 10 8040 GREENLINE EXEMPTION 1-7, 8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7, 8, 10, 11, 12, 35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) STREAM MARGIN EXEMPTION 1-7,8,10,11,12,35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BIiIFF REVIEW 1-7, 13, 14, 35 P& Z 10 MOUNTAIN VIEW PLANE 1-7,15,16,35 P & Z 10 CONDITIONAL USE 1-7,9,17 P& Z 10 SPECIAL REVIEW* 1-7, Additional Submission Reg. depend P& Z 10 on nature of the Special Review Request. SUBDIVISION 1-7,18,19,20,21,35 P & 7, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7,18,19,20,21,35 CITY COUNCIL 10 Lor LINE ADJUSTMENT 1-7,22 ADMINISTRATIVE REVIEW 2 LOT SPUT 1-7,22 CITY COUNCIL 10 CODE AMENDMENT 1-4, 7, 23 P & Z, AND CITY COITNCIL 20 WIRELESS TELECOM. 1-7,16,24,25,26,27,35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATELITE DISH OVER 24" IN 1-7 ADMIN. OR P&Z 2 for Admin.,10 for P&Z DIAMETER RES. DESIGN STANDARDS 1-7,9,28,29,30 P & Z OR DRAC 10 VARIANCE GMQS EXEMPTION* 1-7. Additional Submission Reg. depend ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) & Z and CC CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTIJ.AL -P&Z, AND CC 20 for P&Z and CC (Submit FINAL- P & Z, AND CC Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7,35 P & Z, AND CC 20 i PUD AMENDMENT 1-7 ADMINâ€ž OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P (BASED ON AMENDMENT TYPE) & Z and CC SPECIALLY PLANNED AREA 1-7,35 CONCEPTUAL -P&Z, AND CC 20 for P&Z and CC (Submit (SPA) FINAL- P & Z, AND CC Separately for Final SPA) AMENDMENT TO SPA 1-7 ADMIN., OR P&Z AND CC 2 for Admin., 20 for P&7 and CC (BASED ON SIGNIFICANCE OF AMENDMENT) TEMPORARY USE 1-7 ADMIN. OR CC (BASED ON 2 for Admin., 10 for City Council DURATION TIME) ACCESSORY DWELLING UNIT 1-7,9 ADMIN OR P &Z(BASED ON IF 2 for Administrative Review TIIE PROPOSAL MEETS REVIEW S'rANDARDS) REZONING 1-7 P & Z AND CC 20 DIMENSIONAL REQUIREMENTS 1-7,34 BOARD oF ADJUSTAIENT 9 VARIANCE * Consult with a Planner about submittal requirements. * * A pre-application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre-application conference. ATTACHMENT 4-CONT'D- SUBMITTAL KEY C ) Land Use Application with 12. Accurate elevations (in relation to system in the area of the proposed Applicant's name, address and telephone mean sea lmÂ·el) of the lowest floor, subdivision. The contents of the plat shall number. contained within a letter signed including basement, of all new or be of sufficient detail to determine by the applicant stating the name. address, substantially improved structures; a whether the proposed subdivision will and telephone number of the verifiÂ©ation andrecordation of the actual meet the design standards pursuant to ; representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. : of the applicant. whiÂ©]i any structure is constructed. a Subdivision GIS Data. . demonstration that all new construction or 1 ~ 2. The street address and legal substantial improvements will be 21. A landscape plan showing location, : - description of the parcel on which anchored to prevent flotation, collapse or size. and type of proposed landscape 6 development is proposed to occur. lateral movement ofany structure to be features. constructed or improved; a demonstration / 3.) A disclosure of ownership of the that the structure will have the lowest 22. A subdivision plat which meets the -flrcel on which development is proposed floon including basement elevated to at terms of this chapter. and conforms to the ' to occur, consisting of a current certificate least two (2) teet above the base flood requirements of this title indicating that no from a title insurance company, or elevation, allas cortified by aregistered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado. listing the names of all owners without receipt of applieable approvals of the property, mid all mortgages, 13. A landscape plan that includes pursuant to this chapter and gralvth judgments. liens, easements: contracts and nativevegetativescreening of no less than management allocation pursuant to agreements affecting the parcel. and fifty (50) percent of the development as Cliapter 26.470. demonstrating the owner's right to apply viewed from the rear (slope) of the pancel. for theDevelopment Application. All vegetative screening shall be 23. The precise wording of any maintained in perpetuity and shall be proposed amendment /4.2 An 8 1/2" x 11" vicinity map locating replaced with the same or comparable the subject parcel within the City of material should it die. 24. Site Plan or plans dmwn to a scale of Aspen. one 0 3 inch equals ten (10') feet or one 14. Site sections drawn by a registered (13 inch equals twenty (20') feet, '54 A site improvement survey including architect, landscape architect, or including before and "after" photographs --topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current s talus of the parcel certified by a existing and proposed site clements, the antennas, support structures. transmission registered land surveyor. licensed in the top of slope. and pertinent elevations buildings and/or other accessory uses, State of Colorado, (This requirement. or above sea level. access. parking, fences, signs. lighting, i any part thereof. may be waived by the landsoaped areas and all adjacent land Community Development Department. if 15. Proposed elevations of the uses within one-hundred fifty (150') feet. and drawings should i the project is determined not to warrant a development including any rooftop Such plans Â·Â·! survey document) equipment and how it will be screened. demonstrate compliance with the Review Standards of this Section. 54 A site plan depicting the proposed 16. PiÂ·oposed elevations of the i. layout and the project's physical development inc]uding any rooftop 25. FAA and FCC Coordination. 4 relationship to tile land and it's equipment and how it will be screened. Statements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan of the site showing (FAA) and the Federal Communications 3 7. 7 A written description of the existing and proposed features which alu Commission (FCC). proposal and a written explanation of relevant to the review. how a proposed development complies 26. Structural Integrity Report from a with the review standards relevant to the 18. One (1) inch equals four hundred professional engineer licensed in the development application. (400) feet soale city map showing tile State of Colorado. location of the proposed subdivision, all 8.2 Plan nith Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two-foot contours. with five-foot to the applicant. commonly known locate on an existing wireless intervals for grades over ten (10) percent. landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adiacent site including coverage/ inteiterence (9.# Proposed elevations ofthe development properties arelocated analysis and capacity analysis and a brief statement as to other reasons for <10.l A description of proposed 19. A plat which reflects the layout of success or no success. construction techniques to be used. the lots. blocks and structures in the : proposed subdivision. The plat shall 28. Neighborhood block plan at 11. A Plan with the 100-year flood plain be drawn at a scale of one (1) equals one 1"=50' (available from City Engineering : line and the high water line. hundred (100) feet or larger. Architectural Department) Graphically show the front ~: scales mt not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet. Identify parking and plat on mone than a onc (1) sheet, an index front entry for each building and locate shall be included on the first sheet A any accessory dwelling units along the vicinity map shall also appear on tlie first alley. (Continued on next page.) sheet showing the subdivision as it relates lo thÂ© iÂ©st of th, city and 0,4 >trcul Indicate whether any portions of the 95. Exterior Lighting Plan. Show the houses immediately adjacent to the Tocation, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate tile site illumination as measured in foot candles and include minimum. 29. Roof Plan. maximum. and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the conim.uitity that elevations of all buildings on both sides of demonstrate technique. spedification, and/ the block, including present condition of or light level if they exist W / /904 L tlie subject property. I..abel photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 1/2) inches on the left hand side of the sheet and a one-half (1/2) inoh margin around the other thme (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan ofthe proposed development including a statement of the objectives to be achieved by the PUI) and a description of the proposed land uses, densities. natural features, traffic and pedestrian circulation, off-street parking~ open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing. scale, and orientation of the proposed buildings. 34. Awritten desâ‚¬:iption of the variance being requested. d .4 .F 3 4 1 0~: 1 <':til 14.4 E;= 124& f ATTACHMENT 5 %{f DEVELOPMENT REVIEW PROCEDURE I El 1. Attend pre-application conference. During this one-on-one meeting, staff will 6 determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you lii should respond to the application package and submit the requested number of copies of the , '3 f? complete application and the appropriate processing fee to the Community Development Ik Department. 1 " 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the /411 application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply ifthe application is to be approved. 1,24 Final approval of any Development Application which amends a recorded document such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide F the applicant with the applicable contents for the revised plat, while the City Attorney is {41 normally in charge of the form for recorded agreements and deed restrictions. We /I suggest that you not go to the trouble or expense of preparing these documents until the 3% staff has determined that your application is eligible for the requested amendment or exemption. IN 5. Board Review of Application. If a public hearing is required for the land use action 4 that you are requesting, then the Planning Staff will schedule a hearing date for the 3, .: 2.rE@p' application upon determination that the Application is complete. The hearing(s) will be ~4 scheduled before the appropriate reviewing board(s). The Applicant will be required to /*At l. mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The *10<441%.Met='*4 424.4 42: % tl it 4442*44*444%4 Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration ofpublic comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. Total Number of Application Copies: 4 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number ofthe representative authorized to act on behalf ofthe applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners ofthe property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proofofownership. 9. Existing and proposed landscaping/tree-removal plan. 10. Existing and proposed wall location, including easement locations. 10. A written description ofthe proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. A site improvement survey that includes all existing natural and man-made site features 13. Applications shall be provided in paper format (number ofcopies noted above) as well as the text only on either ofthe following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning. which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. P At,11,1.1 . 2.1 22 11# 44.217~4#<) 0-444,4. U'-*':4/ ( C/Â·Â· ~Â·,- ..-.. .Â· . ~~% .Â·7 . ~ . ..Â«.5, 1 k . ... ..F: .r r '... 1 . 1 0 1 . 11 r. A 4* 11 ~~ Cili 1 0 'A,- L*444> -I .2!) u.1 4 7.. . .... n 8 ---I 9 ta.- , .1 ......':-/ \\ . 1 , .. ..Alki..... ., li ... .1 . 0.: ,} 1 . 92 .,1 1 Â·9 Â· 1 'ff .t . 9?... 8,(41- .. P~.9~. * 3 ,/. - //3 *": I'* I I I'l ~* . ''' 1 '&. .'ll , ' .11 .. 2 .7' :JÂ·Â· -- -C f . 4- A..., i, . 2 t Â· } i '0 Â·04 . fit.. 'f 4 .. . 2 62\ 214%. .1 1 i 2 t. 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I. 1 1.1,1 4Â« ../ * t' 4* Â£< tz Â·'It ia 9 - .... ; I .. . 11' : I a . . :4 1 7 .:' -4 t....'' - fts Piein:04, *ap m ~r 11 M 4 It .,1.70'i , : A 1,1 -/' Â°3 :: 4~ '1 Â·' Â·' I Â·=:r ,~ Â· Â· . . M - 4 H..9 - c, , ..- i '34 1Â· n ,-,G 24 ' . Rr 1" = 1000' 1 1<.r:.'', 2~'73% .14) ~1- 4 i Q I y pl/Â¢' T T. ' P tit, FOR PA *. u. c UNLY 20,3 Â·Cal Reâ‚¬23%cd* 304':-/f 5-__ Pern]}L ;Ju. 2{113- ; /391 Resportdi: ,-eh .E~~~ Perma No. i â€¢ (1(applicable; 1.-: r Lil i :'F Â· 1>}': X Parks Office: 970.920.5 120 Fees?ma: C-vN 1 Y tru) MishÂ· ' 2&:; l { M,gyÂ£ 1 Fax: 970.9203]28 TREE REMOVAL, / DRIP LINE EXCAVA-TION PERMIT Please propide the infotÂ·-matic.n be.low. together with your check payable to the City of Aspen .in the amount : pretiso cke.uk the :Fproprf.te options below (Note: Applications will not be processed until ihe app:;t:-noÂ·:-; 1-ce is paid.) 2 b *0,03 :239-20:,Struction related- 6 Tree Remeal Permli E'$209 construction related O Drip Line Excavation 1 j Catline/Sketch/DraÂ·..ing of properiv to include: (Please olfoch TWO Ct:p a) i'roperty address. b) Property boundaries. c) 1.ocations of buildings on the properly. d) Localion, diameter, and species of irees r.n property and designate with arrows or circles which trees ar: to be removed. 3,Â· Site address - : ~ -Â·i:. Â· 3) List trees to be iri-,ioved, species and diameter at 4.5' above grade. City Foiester ir l] defilic tree values during site visit utilizing the following equation: Max value = $41 x 3.14 x (D/2)2 D =Diameter of tree in inches at 4.5' above grade 4) Reason for Removv 1 1 - . 1 - . - i. . D . .li. -.Â·% 5) Mitigatien Plan [relecation oftrees or replaccment as referenced in Aspen Municipal Code Sec. 13.20(e)]. P{ease ADD 10 :he Properiy Di sg ii.e: fTH/O copie.y geeded). , a.) Lock:Lion Oire,lacement/relocation trees. C b) Size and species o, trees to be replaced. c) Profissional CObt eSilinate Of Olinting (11Ursely stock, delive:xy, and inK:ilfitioil) .. 6) Estimated Start Date of Project- Â· DE - 4 ' Â·") Person responsible for project (applicant): PropeITy Owner (vil'dS. pr:ii#) ' Nalne of Architect Or Construction Representative c pleuse print) i P....- 1 2 Address . - Lut},5,/i:Â·, 11Â£11.ltl Phone: 1. 1, Phone: Fax. Fax- ti:41; 3 ONÂ·ner's Siinature L/cl.Lu Signate:-e of Represeutative Date MUST BEPOSTED ON PROPERn' DURING REMOVAL 1 4 i Drip Line Protection as defined in City Code 13.20.ON) (b) (2) (3) 10Â· Ne 0%57JteÂ·WCE M. 3 1. 1 TREE DEF= LNE 9 4 f /,to ! a / , 41 FRO1'EC7/ON FENC.Na TO EE FF,Ovt=}ED A,40 MAiNTAK,fo I %1 k/. /1 : AT TREE PR:F UNE k 'p L APPITt:(NaL PlQOTECTION arYSIDE AT TREE 31;UP LAS MAr SE #ECURED. CEXAMPLE, 2 *'425% 0 Mao.> t'7\ TREE PROTECTIOS.EENCINa 47 554:70,4 Propertv/Tree Inspection: 2.Â· Chris Forman Forester, City of Aspen Date 4 -11Â· 1 1 Stephen Ellsperman Director Parks and Open Space Date Permit Valid for one year after approval date. Â·3 1 DIZIP LNE MUST BE POSTED ON PROPERTY i On June 4, 20133 Chris Fornian, Aspen City Forester, peiformed an onsite inspection ofthe property located at 718 South Galena Street, tile Durant Condominiums. The applicant has requested the removal of several frees in order to remove the existing retaining walls which are failing on the backside ofthis multi-family property. The work: to be done is on a very steep slope and most trees found on this slope are native shrubs or aspen trees. Access to the , construction area will create the need for removal oftwo blue spruce in the front portion ofthe propeity: otherwise, thefront of the building andits landscaping will remain intact. The submitted site survey has assigned numbers to the trees requested for removal which correspond to the trees ilagged in the field. This permitwill utilize that same numbering system in order to provide clarity. The trees requested for removal have been assigned a value using a standard formula developed for 1111 trees found within the City of Aspen. Tile formula is as follows: Value=341.0000(D/2)92, where D=diameter ofthe iree at breast height. The following will. describe the above-mentioned trees and the appropriate measures to be taken: e Trees #26 and 27 are 11]{ie spiwee with 9 hich diameteit. They are located in front of the : building and are requested for removal in order to access the construct.ion zone. They wereplanted underthe ove]*anging structure and are quite possibly in the worse place possible. for trees to grow. They should be removed regardless ofthe construction project. No mitigation is required for these trees. â€¢ Trees #12, 14, 155 18, and 19 are all native maples growing as multi-stem clumps in the retaining wall area. Trees 15 and 18 have broken and/or dead stems with only small suckers for live crown. 'fhese will not requ.ire mitigation. Trees 12. 1.4, and 19 have multiple stems of code size and will be removed with full mitigation due totaling $2,703.56. â€¢. Trees #1,2,5. 10,11,13, 16, 17,23,24,25 are all aspco ranging in diameter from 6 to 12 inches. All ofthese trees are in theconstruction zone and exhibit at least one oflhe fullowing issues: standing dead, girdled by reiaining wall, advanced Cytospora canker, growing against the building, broken top(s), exposed/inadequate rooting, or poptar borer. These trees Will be removed with zero mitigation due. e Trees #20,21, and 22 are all aspen witli diamelers of 9, 9 and 10 inches. They are also within. the construction areabut are in somewhat better condition than the aspen mentioned previously. These trees have minor structural defects which could possibly be remedied via priming efforts. Otherwise they are trees in good health. They will require 14 mitigation value due to structural defects totaling $4,216.24. â€¢ Trees #3 and 6 are aspen with diameters of 7 inches each. They are within the:: construction zone and will be removed with fullmiligation due totaling $3,154.14. V,Jrfavi ; Total initigationdue forthese removalsis $ 10,073.94. Theapplicant hassubinitted a planting Q ~AtjÂ·Â·"7 :~ plan whichwill partially mitigate the approved removals. An additional $823.94 will be due as a f i j cash payment to the Parks Departinent to fully satisfy the mitigation requirement. Payment is due ' f 46+/ '1 21> prior to the release of this perniit Â£+1 f I lt.~ f" ~ 1 <64 1 / ... /00 6 6 -\10 1 3 2 > The following criteria must also be met with construction. T A construction fence must be erected along the entire dripline ofalltrees onsite. This fence is to be constructed in such a manner thatihe area inside the dripline is protected.. Â·.... > No viaterials may be stored within this protection area, including but not limited to, construction backfill, constructiontraffic, or any other construction materials. * No excavation within this area may be performed withoutthe consent of the City of Aspen Forester or his designee. : > Site inspections shall be performed on a weekly: basia to ensure the above listed conditions are met. > Any unapproved improvements or activities outside of those approved within this permit will be subject to mitigation in the form of restoration. k This permit must be po3ted on site during the construction process. >Â· Any roots cut during excavation shall be pruned with sharp fbppers/pruners back to the soil line. The roots will further beprotected by burlap draped over the side o.f tlie excavation covering the exposed roots: This burlap shall be kept moist until die excavation is backfilled. All trees adjacent to this construction project must receive supplemental watering during the 2 months ofJune through September according to the following chait: , Â»all Trees !Large Trees |14'eekly 10 Gal/inch !:Â·-0.Â·seft.tonth 10 Pc!/Inch |2XpotÂ·Mont!1 15 Gal/Inch !Tree Tru:lk Dia,sister 1" . 2" 3' i 4" Et' 2" 10" 12" 14" 5 .10. 15 20 30 40.. ... 75.90 -105 |Deep n:Got :Â·Â·Â·CTIC - minutes mir.uies minutes 5 10 15 20 30 40 75.90 105 iDGe: Root Need:e minuies ~ . minutes mfnutes R gai:min ISoft Spray Wer,d 358 1. 10 20 38 45 53 minutes ra:nuteE minutes i 4 gai/min izteker Hose ~ 5.10. 15 20 30 40 75: 90: 105 12 ge lm;:7 minutes minutes minutes 718 South Galena Aspen, Colorado Date: April 19, 2013 BIDFORM FOR LANDSCAPING BOTANICAL NAME COMMON NAME QTY. SIZE NOTES UNIT COST TOTAL COST TREES & SHRUBS: Acerginnala Amur Maple 1 6' 868 B&B dump $ 250.00 $ 250.00 Populus tremuloides Aspen 30 2" CALIPER B&B $ 300.00 $ 9,000.00 Subtotal $ 9,250.00 BID TOTAL: $ 9,250.00 Durant Condominium Association 718 5outh Galena St. Aspen, CO 81621 July 15, 2013 Aspen Community Development Attention: Jessica Garrow Re: Durant Condominiums Emergency Soil Wall Replacement Property & scope of work description: This letter is a narrative of work that is required for the emergency repair and replacement of the wooden retaining walls at the Durant Condominiums located at 718 South Galena St. in Aspen. The existing walls are positioned directly behind the four buildings looking East. The four buildings were built into the hillside in the 1960's and the retaining walls were built at the same time. The existing walls are built in wooden cribbing style and are made of recycled railroad ties and range in height from three feet high to twelve feet high. Above the walls at the top of the hillside is a house owned by Mr. Tauber which was originally built as part of the Durant Condo project, but was subdivided and sold off as a single family residence some 30 plus years ago. The retaining walls are bulging under soil movement in many places and there is much concern that it could only be a matter of time before there could be a catastrophic failure if not replaced. The recommended engineered solution is to replace the wood walls with a soil nail retaining wall that will have a shotcrete or sprayed in place concrete over 6x6 wire mesh with a final concrete artistically sculpted and stained wall made to look like a rock wall, similar to what you may find next to the highway down valley. Zoning and setbacks: Because of the developed property's age, this is a non-conforming property. The property is in the "L" Lodging District Zone and has a five foot setback around the property. Because the Durant and Tauber property's one subdivided years ago, the existing walls cross into the setbacks as well as cross the property line and go on to the Tauber property behind all the buildings and the new retaining walls will also be constructed on both the Durant side of property as well as cross over into the Tauber property. Included in this package is a signed easement agreement from the Owners of the Tauber property with The Durant HOA. The new walls will range in height from about four feet high on the North end behind unit A, varying heights behind Building B up to fifteen feet high, steps back into 2 smaller eight and six foot walls behind Building C to thirteen feet high behind Building D. The top of the walls will , E. { : expose about sixteen inches above finish grade to catch any dirt and small rock siuff off. To put I $1 this in perspective, the buildings are over forty feet high and dwarf this area and as a note, this S# I area of work cannot be seen from any place in town unless you walk behind the buildings. w The wooden retaining walls in between Buildings B and C were replaced 30 years ago when an i 8~ elevator was installed to allow the house uphill access and are in very good condition and will 1 *j 92 not be replaced. Fifteen to five feet above new walls there is an existing utility easement and 10~ trail that feeds electrical, phone and cable to only the Durant buildings. Owners Rep: 2~~, Tripp Adams {bet True North Management, LLC 1%4 tripp@truenorthmanagement.net P.O. Box 3645 Basalt, CO. 81621 (970) 618-6226 i :01 0 11#f t Â·f:W O - 1,=4%&.ail~~.1.,> 422%441%4444***4442* 4,4 :a~~*~4~~*Â·*44Â£*14>:~4Â«Â«Â«~*<41< < ~9541 Jennifer Phelan From: Jennifer Phelan Sent: Monday, July 22, 2013 3:41 PM To: 'Tripp Adams' Subject: RE: review of Durant Condominiums application Sorry, our administrative assistant did not provide me with all of the drawings in the case file she gave me. The survey and drawing set were shelved with the extra application copies. Sara Nadolny will be our planner. Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Tripp Adams [mailto:aspentripp@comcast.netl Sent: Monday, July 22, 2013 10:53 AM To: Jennifer Phelan Subject: RE: review of Durant Condominiums application Jennifer, There was 4 sets of plans that had the improvement survey as well as the location of the retaining walls, engineered plans for the soil nail wall work and landscape plans and tree removal. These are also on the CD. I went over all this with Jessica in the pre-app and she said this meets with what was needed. I am not sure what else you need. Thanks, Tripp James "Tripp" Adams P.O. Box 3645 Basalt, CO 81621 (970) 618-6226 www.truenorthmanagement.net 1 -----Original Message----- From: Jennifer Phelan [mailto:lennifer.phelan@cityofaspen.coml Sent: Monday, July 22, 2013 10:30 AM To: tripp@truenorthmanagement.net Subject: review of Durant Condominiums application Hi Tripp: I reviewed your application for the retaining wall replacement and the biggest issue that I saw is there are no drawings showing the site or scope of work. We need the additional information included in the attached letter to be able to review your application. Let me know if you have any questions. Best regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. -----Original Message----- From: Jennifer [mailto:jennifer.phelan@cityofaspen.coml Sent: Monday, July 22, 2013 10:11 AM To: Jennifer Phelan Subject: This E-mail was sent from "PRT-CityHa113-Ricoh4000-Elevator" (Aficio MP 4000). Scan Date: 07.22.2013 10:10:34 (-0600) 2 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 19,2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0049.2013.ASLU -Durant Condominium Association. ~2~ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfuction of the City o f Aspen Planner reviewing the land use application. 1) Survey o f the site. 2) Site plan/elevations showing location/height of the proposed retaining walls. 3) Responses to the review criteria noted in the pre-application conference summary. 4) Landscaping plan associated with tree removal permit. O Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, h14424_~~ Jennifer PL]kn, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes- No_2Â§ Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes - No_~>Qi Commercial E.P.F. Lodging RETAINING WALL SYSTEM EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Easement Agreement") is made this 12 th day of July , 2013. among THE DURANT CONDOMINIUM ASSOCIATION, a Colorado non- profit corporation, (the "Association") and JOEL D. TAUBER, INDIVIDUALLY, JOEL D. TAUBER, TRUSTEE OF THE JOEL D. TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated, BENJAMIN B. TAUBER, ELLEN HORING and JULIE MCMAHON (collectively "Tauber Property Owners"). WHNESSETH: WIIEREAS, Tauber Property Owners are the owners of certain real property that is legally described as follows: Parcel A: Condominium Units 1 and 2, HIGH ON THE HILL CONDON<[INIUMS, according to the Condominium Map thereof recorded May'4, 1979 in Plat Book 7 at Page 85 as Reception No. 214169, and as defined and described in the Condominium Declaration for High on the Hill Condominiums recorded May 4, 1979 in Book 367 at Page 942 as Reception No. 214168. Parcel B: Access and Utility Easement as set forth in instrument recorded in the Pitkin County records on January 31, 1978 in Book 342 at Page 838 as Reception No. 201553, subject to the terms, conditions and limitations set forth therein. Known by street and number as: 716 S. Galena, Aspen, CO 81611 (the "Tauber Property") WHEREAS, the Association is the entity responsible for management, operation and control of the common elements associated with The Durant (a Condominium) as set forth on the Condominium Map thereof recorded January 6, 1969 in Plat Book 3 at Page 376 and the Supplemental Map recorded in Book 4 at Page 36, and further defined and described by Condominium Declaration for The Durant (a Condominium) recorded January 13, 1969 in Book 238 at Page 968 and First Supplement thereto recorded December 18, 1969 in Book 245 at Page , 102 and First Amendment to the First Supplement recorded January 19, 2000 as Reception No. 439665, all as recorded in the Pitkin County real property records (the "Association Property"); and, WHEREAS, the Association Property is adjacent to the Tauber Property and such properties have existing mutual easements; and, 2533336,2 WHEREAS, the Association has been advised by its engineers that the slope upon which the Association Property is located requires installation of retaining walls and soil nails to help stabilize the slope upon which the Association Property is located, portions of which will have to be placed on or under a portion of the Tauber Property; and, WHEREAS, the Association has determined to proceed with the installation of the retaining walls and soil nail systems proposed by its engineers to help stabilize the slope; and, WHEREAS, subject to the terms and conditions hereof Tauber Property Owners agree to grant to the Association, for the benefit of the Association Property and the Tauber Property, an Easement along and outside of the southerly, easterly and northerly boundaries of the Association Property and on and under the surface of the Tauber Property for the purpose of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails (the "Retaining Wall System") as described and defined on the following documents as approved for project permitting and attached-hereto-as Exhibits A through F, and as may be subject to minor or non-material changes pursuant to approved change orders (collectively refeired to herein as the "Retaining Wall Plans"): Exhibit A, that six page document entitled Timber Crib Wall Reptacements with Permanent Ground Nail Walls, prepared by Yeh and Associates, Inc., dated 08.16.12, Rev.05.24.13; Exhibit B, that two page document entitled Erosion Control Plan, prepared by Sopris Engineering, Inc., dated 06.11.13; Exhibit C, that eight page document entitled Bridge Foundan*on Ptan, prepared by Albright & Associates, dated 06.14.13.; Exhibit D, that one page document entitled Landscape - Tree Mitigation, prepared by Elite Land Design, LLC, dated 06.12.13; Exhibit E, that two page document entitled Construction Management Plan By Rudd Construction, dated 06.28.13, Referencing: Improvement Survey Plat, prepared by Tutile Surveying Services, dated 04.04.12, and Tree Protection, prepared by Elite Land Design, LLC, dated 04.19.13 ; and Exhibit F, that six page document entitled Construction Management Plan Narmtive, prepared by Rudd Construction, dated 05.03.13, all. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the terms, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Grant of Easement. Subject to the Association's compliance with Section 3(b) of this Easement Agreement, Tauber Properly Owners hereby grant unto the Association a perpetual non-exclusive easement along and outside of the southerly, easterly and northerly boundaries of the Association Property and on and under a portion of the surface of the Tauber Property adjacent thereto as described on the Retaining Wall Plans for the purpose of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails as described and defined on the Retaining Wall Plans, permanently installed on and under the surface of the Tauber Property to serve and benefit the Association Property and the Tauber Property (the "Easement"). This Easement includes the right for the Association to access the portion of the Tauber Property located between the uppermost retaining walls, as shown on the Retaining Wall Plans located on the Tauber Property and the Association Property, by whatever means reasonably necessary, for pluposes of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails as described and defined on the 2 2533336.2 TÂ¢18 f ; Retaining Wall Plans. It is expressly understood and agreed that the Retaining Wall Plans were 1% i prepared by the engineers for the Association and the Association makes no warranty, I i representation or opinion with respect to the design or operation of the Retaining Wall Plan. The i li Association may utilize the Tauber Property encumbered by this Easement, above and below the sulface, as is necessary, to construct, install, improve, maintain, repair and replace tile Permanent Ground Nail Walls as outlined on the Retaining Wall Plans. The Association represents and i ~ warrants that all work shown on the Retaining Wall Plans shall be performed in a professional ~ and workmanlike manner at its sole cost and expense and free from defects in materials and 3,7 workmanship. Further, the Association shall, as reasonably necessary, maintain the walls and all Â§ areas appurtenant thereto in a neat and professionally landscaped manner and condition 4 d consistent with the Retaining Wall Plans, including specifically the Landscape Plan and the I ~ Erosion Control Plan. Prior to the commencement of any work on the installation of the I i improvements described on the Retaining Wall Plans, the Association shall obtain from all < :0 authorities having jurisdiction in the premises any and all permits and approvals that may be 1%$ i necessary in order to carry out the work as well as requiring that all contractots obtain I 81 Workmen's Compensation Insurance for each individual performing services thereon and provide d proof thereof to Tauber Property Owners before commencement of the work. 2. Pavment of Costs and Expenses. In consideration of the Easement granted ~ hereunder, the Association shall reimburse Tauber Property Owners for all of their reasonable 1 + out-of-pocket (a) attorney's fees and expenses incurred in connection with the negotiation and j ~ . preparation of this Easement Agreement and the transactions contemplated in this Easement [ , Agreement, and (b) engineering costs and expenses incurred in connection with the review p ; evaluation and analysis of the proposed Retaining Wall System, which will include Tauber Property Owners' expenses in hiring an engineer to review and evaluate the proposed Retaining Wall System prior to the Association commencing any work on the Retaining Wall System, and periodically reviewing the ongoing excavation and installation of the Retaining Wall System, to ] f verify it complies with the Retaining Wall Plans, and to review and approve in writing any $ changes thereto prior to the Association making any changes thereto on the ground, all as set 3 forth herein. It is specifically understood, as a condition of this Easement Agreement, that the 0 Association shall undertake no work on or under the Tauber Property at any time unless Tauber I Property Owners and their independent engineer has approved such work in advance and in * writing. The Association shall pay these reimbursable expenses within fifteen (15) business days < of delivery of a statement therefor from Tauber Property Owners. The review and approval by 1~ the Tauber Property Owners and their independent engineer shall not in any way limit or 1% otherwise diminish the obligations, representations and wanÂ»anties of the Association or its E contractors, architects and engineers to the Tauber Property Owners, which obligations, 1 representations and warranties shall continue undiminished at all times. 3. Indemnification and Insurance. a. The Association shall at all times remain solely responsible for and shall indemnify, defend and hold Tauber Property Owners absolutely blameless 19â‚¬ and harmless from and against any and all losses (to person or property), ~)?~ damages, claims, demands, costs of defense (including attorney's fees), liability or obligations of whatsoever nature and by whomsoever asserted occasioned by, arising in connection with or in any manner resulting from 3 ~ 2533336.2 38{' glit * the grant of the Easement, including without limitation, damage to the t Tauber Property and any improvements thereon, any drainage or soil 49 stability problems or alteration of the historic drainage patterns or slope i.lti stability that occur as a result of the Association's installation of the F41 Retaining Wall System, and including the installation, design, operation, improvement, repair, replacement or maintenance of the Retaining Wall System, any mechanic liens and/or construction or related activities performed on the Tauber Property or otherwise by the Association, its contractors, agents and assigns, except to the extent caused by the Tauber Property Owners. From and after the date of execution of this Easement ma Agreement, the Association shall maintain in full force and effect comprehensive general public liability insurance (including contractual P'.' liability) against claims for bodily injury, death or property damage occurring on, in or about the Tauber Property, such insurance to afford 14'N protection of not less than $2,000,000.00, combined single limit per 1%0 occurrence. Each policy of insurance shall be issued by companies of : 3233 l/ recognized financial standing authorized to issue such insurance in the State of Colorado, naming the Tauber Property Owners as additional 39 insureds and shall be written as a primary policy which does not contribute 1 /24*. to and is not in excess of coverage which the above named individuals . may carry. Prior to commencement of any work toward the installation of . P mu the Retaining Wall System, the Association shall provide the Tauber Property Owners with current certificates of insurance evidencing such coverage and each year thereafter on the anniversary date of this Easement Agreement. Such insurance shall provide that it may not be canceled for any reason. as it affects the Tauber Property Owners without at least thirty (30) days prior written notice to the Tauber Property Owners. If for any reason such insurance is canceled, the Association shall obtain, before the expiration of the coverage under the canceled policy, replacement insurance with substantially similar or better tenns naming the Tauber ,0 Property Owners as additional insureds. If the Association fails to obtain such insurance before the expiration of the coverage under the canceled policy, the Tauber Property Owners may obtain a replacement insurance 3% and charge the premiums of such policy to the Association and the Association shall promptly pay such premiums. b. The Association shall commence installation of the Retaining Wall System only upon obtaining commitments for the appropriate and adequate funding necessary to complete the entirety of the Retaining Wall System in accordance with the Retaining Wall Plans. Accordingly, in order to ensure the proper performance of the contemplated obligations of the Association, grant of this Easement shall be expressly conditioned upon the Association 0 demonstrating to the Tauber Property Owners to their satisfaction that the jkÂ«E 4 Association has commitments for the adequate, ready funding to complete the project in accordance with Retaining Wall Plans and permits. Funds i Â¢ collected from such commitments shall be deposited in a segregated 99% account with the Association's bank or escrowed in a separate account 4 lizA "04 2533336.2 32.~4~tsdEL : -.4 1 1 i with the Association's property management company, Frias Properties of Aspen. In either case, the full amount of funds in such account shall be available for verification by the Tauber Property Owners at any time thereafter, and funds shall be disbursed from such account only for the 1,- purpose of funding excavation and installation of the Retaining Wall System. 4. Representations of Tauber Propertv Owners. The Tauber Property Owners represent to the Association that they are the owners of the Tauber Pmperty and as such, have the I authority to execute this Easement Agreement and that the Tauber Property is free and clear of all liens, taxes (other than property taxes for the calendar year here00, encumbrances or other matters that could impair the Easement or result in sid Easement being extinguished. The Tauber Property Owners further represent that the Tauber Property Owners shall not take any action that would prevent the Association from having quiet and peaceful possession and use of the Easement for the purposes herein set forth and subject to the terms, conditions, covenants and j mutual promises contained herein. 5. The Tauber Property Owners' Use of the Tauber Property. The Tauber Property ~ Owners reserve the right to use the Easement and the lands below and airspace above the ' : Easement for all lawful purposes that do not compromise the integrity of the retaining Wall 1 System, recoinizing that grant of the Easement under this Easement Agreement establishes or conveys no greater use or development rights than may already exist. This Easement Agreement and the Association's use of the Tauber Property shall in no way impact, limit or interfere with the Tauber Property Owners' development use or enjoyment of the Tauber Property, provided the Tauber Property Owners' or their respective guests', invitees' or licensees' use of the Tauber Property shall not unreasonably interfere or be inconsistent with the Association's use of the Tauber Property for the purposes set forth in this Easement Agreement. 6. Notices. All notices, notifications, consents and approvals required or authorized hereunder shall be in writing and shall be served upon the party entitled thereto either by personal delivery to such party or by certified mail, with postage thereon fully prepaid, addressed to such party at the addresses shown below, or to such other address as may be designated in writing, which notice of change of address shall be given in the same manner. If not sooner received, any notice given by mail shall conclusively be deemed received three (3) days after the date of certification or registration. If to Association: DURANT CONDOMINIUM ASSOCIATION do Frias Properties 730 E. Durant Avenue Aspen, CO 81611 ~Â· With a copy to: Frederick F. Peirce do Austin, Peirce & Smith, P.C. 600 E. Hopkins Avenue, Suite 205 Aspen, CO 81611 If to Tauber Property Owners: 5 2533336.2 1 c/o Joel Tauber 27777 Franklin Road Suite 1630 Southfield, MI 48034 With a copy to: Jaffe Raitt Heuer & Weiss, PC 27777 Franklin Road Suite 2500 Southfield, MI 48034 Attn: Ira J. Jaffe 7. Binding Effect. This Easement Agreement is intended to run with the Tauber Property and the Association Property and be binding upon and inure to the benefit of the parties hereto and the respective successors in interest to said properties and to bUIden and benefit said properties as provided for herein. This Easement Agreement shall be recorded in the real property records of Pitkin County, Colorado, 8. Governing Law. This Easement Agreement is made with respect to rights and obligations accruing in the State of Colorado and shall be governed by and construed in accordance with the laws ofthe State of Colorado. 9. Remedies for Breach of Covenants. The parties shall be entitled to any and all remedies permitted by law, including injunctive and mandatory relief, for breach of any of the covenants, warranties, indemnities and obligations contained herein. 10. Attornev's Fees. In the event the provisions of this Easement Agreement require enforcement, the prevailing party shall be awarded its or their reasonable attorney's fees and costs incurred therein. 11. Counterparts. This Easement Agreement may be executed in counterparts and, as executed shall constitute one Easement Agreement binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. 12. No Waiver. The failure of either party to insist upon the strict performance of any provisions of this Easement Agreement or to exercise and right or option available to it, or to serve any notice or institute any action, shall not be a waiver or relinquishment for the future of any such provision. 13. Amendments in Writing. This Easement Agreement may not be amended, nor may any rights hereunder be waived, except by an instrument in writing executed by the parties hereto and duly recorded in the real estate records of Pitkin County. Colorado. 14. Deliveries. In connection with the execution and delivery of this Easement Agreement, the Association is delivering to the Tauber Property Owners a good standing certificate from the Secretary of State of the State of Colorado dated no more than 15 days prior to the date of this Easement Agreement evidencing that good standing of the Association as of 6 1 - 2533336.2 i d.: i 0 Â· such date and a certificate of the secretary of the Association certifying as to the resolutions 1 - ; adopted by the board of directors of the Association approving this Easement Agreement and the transactions contemplated in this Easement Agreement and authorizing the President of the r Association to execute and deliver this Easement Agreement and all documents contemplated in i:: this Easement Agreement. 1 I 1 7 2533336.2 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date and year first above written. THE DURANT CONDOMINIUM ASSOCIATION, a Colora40 non-*oficorporation Print Agle, T& 940 L %2â‚¬10rlwt JOEL D. TAUBER, TRUSTEE OF THE JOEL D. Title: President TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated JOEL D. TAUBER, Individually BENJAMIN B. TAUBER ELLEN HORING JULE MCMAHON ACKNOWLEDGMENTS ON FOLLOWING PAGES 8 Im 1 1 ) STATE OF~490Â«01 0 ) SS. COUNTY oF \44-2 23 ) The foregoing Retaining Wall System Easement A.greement was acknowledged before I me thirOn* day of.J~-l~ 2013 by Paul Keating as President of THE DURANT CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation. i WITNESS my hand and official seal. My commission expires: -(1. 6,0/ 'd~ 1 i ~32/bu HtfkuÂ«-e- fy Notary Public : DEBBIE A 1 HAUER f OF CW'- STATE OF ) I My Commission EÂ®ims 06/04/2015 ) SS. 1 COUNTY OF ) The foregoing Retaining Wall System Easement Agreement was acknowledged before i me this day of 2013 by Joel D. Tauber, as Trustee ofthe Joel D. Tauber ~ Trust under Agreement dated March 3, 1972, as amended and restated. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF ) COUNTY OF ) The foregoing Retaining Wall System Easement Agreement was acknowledged before } me this day of 2013 by Joel D. Tauber, individually. WITNESS my hand and official seal. My commission expires: Notary Public 9 2533336.2 .....0 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date and year first above written. THE DURANT CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation By: 0.20 -13 --r- , Print Name: 4 669Â£- b. OÂ£,1262 JOEL d TAUMER, TRUSTE]k OFTHEJOELD. Title: President TAUBER TRUST under Agreement dated March 3, 1972, as amended rd restated 0\ 4,0 1 4 Â«401-6 JOEL ~CTAUBER, Individually BENJAMIN B. TAUBER ELLEN HORING JULIE MCMAHON ACKNOWLEDGMENTS ON FOLLOWING PAGES 8 2533336.2 r IN WTI'NESS WHEREOF, the parties have executed this Easement Agreement as of the date and year first above written. THE DURANT CONDOM[NIUM ASSOCIATION, a Colorado non-profit corporation By: Print Name: JOELD. TAUBER, TRUSTEE OF THE JOELD. Title: President TAUBER TRUST under Agreement dated March 3,1972, as amended and restated JOEL D. TAUBER, Individually 14Â»EUF-21- BENJAMEN B. TAUBER ELLEN HORING JULIE MCMAHON ACKNOWLEDGMENTS ON FOLLOWING PAGES 8 2533336.2 i*# 1 1/ 1 40 4 8 1 5 2%*a IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the ~ # date and year first above written. THE DURANT CONDOMINIUM ASSOCIATION, a i E Colorado non-profit corporation 5&. 41 By: ' 5/54 litÂ¢ Print Name: JOEL D. TAUBER, TRUSTEE OF THE JOEL D. :1:ip, 4 #1141 Title: President TAUBER TRUST under Agreement dated 1% March 3. 1972, as amended and restated % A.t * E %E*:::EEE 34 JOEL D. TAUBER, Individually BENJAMIN B. TAUBER . 0 % A \ ELLEN HORING' 1 4% t Itt JULIE MCMAHON 43 ACKNOWLEDGMENTS ON FOLLOWING PAGES 4 ' it Iii 1/ r ' i 3% 1/" lift'%: 143 9/1 8 i %%;i : 3 j 2533336.2 IN WrrNESS WHEREOF, the parties have executed this Easement Agreement as of the date and year first above written. t f THE DURANT CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation By: Print Name: JOEL D. TAUBER, TRUSTEE OF THE JOEL D. Title: President TAUBER TRIJST under Agreement dated March 3, 1972, as amended and restated JOEL D. TAUBER* Individually BENJAMIN B. TAUBER MCMAHON ACKNOWLEDGMENTS ON FOLLOW]NG PAGES 8 2533336.2 STATE OF 95*-Z.7- ) ) SS. COUNTY OF Â£50-k-41_- ) The foregoing Retaining-Wall System Easement Agreement was acknowledged before me this *29Â£ day of LÂ»LE-Â£. 2013 by as President of THE DURANT CONDOMINIUM ASSOCIATIEN, a toloracto non-profit corporation. WITNESS my hand and official seal. My commission expires: Al,w7-2â‚¬24,7 Notaty Public v / STATE OF b/20('IL- ) ) SS. COUNTY OF /-9-) The foregoing 8Â¢aining Wall System Easement Agreement was acknowledged before me this,Zitday of h*-4, 2013 by Joel D. Tauber, as Trustee ofthe Joel D. Tauber Trust under Agreement dlted Idarch 3,1972, as amended and restated. WITNESS my hand and official seal. My commission expires: 9-=24-024/9 1. 71 Notary Public V I . STATE OF 5096-6,47.J ) ) SS. COUNTY OF ,<4.4-' ) The foregoingAetaining Wall System Easement Agreement was acknowledged before me this,.42/%[ay of Uu-4 2013 by Joel D. Tauber, individually. 9 1 WITNESS my hand and official seal. My commission expires: 61â€ž..;714-2 0/0 1 0 -- 0 /9--OMIL A. 1--ut.~~~-2 Notary Public 9 2533336.2 STATE OF Â»Ulâ€ž-L,._> ) L j SS. COUNTY OF ztz-AL-,u~-- ~ The foregoing~etaining Wall System Easement Agreement was acknowledged before me this,,42' ,Â£day of L,kul, 2013 by Benjamin B. Tauber, individually. 1 WITNESS my hand and official seal. My commission expires: gdu.a/7 11--=2 819 .~.k- 43 .%;~-TSj:10--~ Notary Public .- D STATE OF 7-â‚¬2...O ) ) SS. COUNTY OF 615-U__ ) The foregoin*_~etaining Wall System ]Easement Agreement was acknowledged before me this /42-llay of ~4 2013 by Ellen Horing, individually. WITNESS my hand and official seal. My commission expires: FU.-~A.~zwy 2<13Uu-W acj 1,A- U . Notary Public STATE OF Â»f.Â«-4.-~a-, ) ) SS. COUNTY OF Ot-) The foregoing,Rptaining Wall System Easement Agreement was acknowledged before me this ke=~day of t.z;~u~ 2013 by Julie McMahon, individually. WITNESS my hand and official seal. My commission expires: 91-,Â»u-0t-~pi.='24 Ks,y Jur -= R Notary Public 10 2533336.2 RECEPTION#: 601692, 07/24/2013 at 09:56:04 AM, 1 OF 46, R $236.00 Janice K. Vos Caudill tkin County, CO RETAINING WALL SYSTEM EASEMENT AGREEMENT THIS EASEMENT AGREEMENr ("Easement Agreement") is made this 12th day of July , 2013, among THE DURANT CONDOMINIUM ASSOCIATION, a Colorado non- profit corporation, (the "Association") and JOEL D. TAUBER, INDIVIDUALLY, JOEL D. TAUBER, TRUSTEE OF THE JOEL D. TAUBER TRUST under Agreement dated March 3, 1972, as amended and restated, BENJAMIN B. TAUBER, ELLEN HORING and JULIE MCMAHON (collectively "Tauber Provertv Owners"). Wn'NESSErH: WHEREAS, Tauber Property Owners are the owners of certain real propetty that is legally described as follows: Parcel A: Condominium Units 1 and 2, HIGH ON THE HILL CONDOMINIUMS, according to the Condominium Map thereof recorded May'4, 1979 in Plat Book 7 at Page 85 as Reception No. 214169, and as defined and described in the Condominium Declaration for High on the Hill Condominiums recorded May 4,1979 in Book 367 at Page 942 as Reception No. 214168. Parcel B: Access and Utility Easement as set forth in instrument recorded in the Pitkin County records on January 31, 1978 in Book 342 at Page 838 as Reception No. 201553, subject to the terms, conditions and limitations set forth therein. Known by street and number as: 716 S. Galena, Aspen, CO 81611 (the 'Tauber Property") WHEREAS, the Association is the entity responsible for management, operation and control of the common elements associated with The Durant (a Condominium) as set forth on the Condominium Map thereof recorded January 6, 1969 in Plat Book 3 at Page 376 and the Supplemental Map recorded in Book 4 at Page 36, and further defined and described by Condominium Declaration for The Durant (a Condominium) recorded January 13,1969 in Book 238 at Page 968 and First Supplement thereto recorded December 18, 1969 in Book 245 at Page 102 and First Amendment to the First Supplement recorded January 19,2000 as Reception No. 439665, all as recorded in the Pitkin County real property records (the "Association Propertv"); and, WHIEREAS, the Association Property is adjacent to the Tauber Property and such properties have existing mutual easements; and, 2333336.2 RECEPTION#: 601692, 07/24/2013 at 09:56:04 AM, 2 OF 46, Janice K. Vos Caudill, P' 'n County, CO ~ WHEREAS, the Association has been advised by its engineers that the slope upon which the Association Property is located requires installation of retaining walls and soil nails to help stabilize the slope upon which the Association Property is located, portions of which will have to be placed on or under a portion of the Tauber Properly: and, WHEREAS, the Association has determined to proceed with the installation of the retaining walls and soil nail systems proposed by its engineers to help stabilize the slope; and, WHEREAS, subject to the terms and conditions hereof Tauber Property Owners agree to grant to the Association, for the benefit of the Association Property and the Tauber Property, an Easement along and outside of the southerly, easterly and northerly boundaries of the Association Propcrty and on and under the surface of the Tauber Property for the purpose of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails (the "Retaining Wall System") as described and defined on the following documents as approved for project permitting and attached-hereto-as Exhibits A through F, and as may be subject to minor or non-material changes pursuant to approved change orders (collectively referred to herein as the "Retaining Wall Plans"): Exhibit A, that six page document entitled Timber Crib Wall Replacements with Pennanent Ground Nail Walls, prepared by Ych and Associates, Inc., dated 08.16.12, Rev.05.24.13; Exhibit B, that two page document entitled Erosion Control Plan, prepared by Sopris Engineering, Inc., dated 06.11.13; Exhibit C, that eight page document entitled Bridge Foundation Plan, prepared by Albright & Associates, dated 06.14,13.; Exhibit D, thal one page document entitled Landscape - Tree Mitigation, prepared by Elite Land Design, LLC, dated 06.12.13; Exhibit E, that two page document entitled Construction Management Plan By Rudd Construction, dated 06.28.13, Referencing: Improvement Survey Plat, prepared by Tutde Surveying Services, dated 04.04.12, and Tree Protection, prepared by Elite Land Design, LLC, dated 04.19.13; and Exhibit F, that six page document entitled Construction Management Plan Narrative, prepared by Rudd Construction, dated 05.03.13, all. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the terms, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Grant of Easement. Subject to the Association's compliance with Section 3(b) of this Easement Agreement, Thuber Property Owners hereby grant unto the Association a perpetual non-exclusive easement along and outside of the southerly, easterly and northerly boundaries of the Association Property and on and under a portion of the surface of the Tauber Property adjacent thereto as described on the Retaining Wall Plans for the purpose of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails as described and defined on the Retaining Wall Plans, permanently installed on and under the surface of the Tauber Property to serve and benefit the Association Property and the Tauber Property (the "Easement"). This Easement includes the right for the Association to access the portion of the Tauber Property located between the uppermost retaining walls, as shown on the Retaining Wall Plans located on the Tauber Property and the Association Property, by whatever means reasonably necessary, for purposes of constructing, installing, improving, maintaining, repairing and replacing the retaining walls and soil nails as described and defined on the 2 25333362 RECEPTION#: 601692, 07/24/2013 at 09:56:04 AM, 3 OF 46, Janice K. Vos Caudill, P n County, CO .. Retaining Wall Plans. It is expressly understood and agreed that the Retaining Wall Plans were prepared by the engineers for the Association and the Association makes no warranty, representation or opinion with respect to the design or operation of the Retaining Wall Plan, The Association may utilize the Thuber Property encumbered by this Easement, above and below the surface, as is necessary, to construct, install, improve, maintain, repair and replace the Permanent Ground Nail Walls as outlined on the Retaining Wall Plans. The Association represents and warrants that all work shown on the Retaining Wall Plans shall be performed in a professional and workmanlike manner at its sole cost and expense and free from defects in materials and workmanship, Further, the Association shall, as reasonably necessary, maintain the walls and all areas apI?urtenant thereto in a neat and professionally landscaped manner and condition consistent with the Retaining Wall Plans, including specifically the Landscape Plan and the Erosion Control Plan. Prior to the commencement of any work on the installation of the improvements described on the Retaining Wall Plans, the Association shall obtain from all authorities having jurisdiction in the premises any and al! permits and approvals that may be necessary in order to carry out the work as well as requiring that all contractor's obtain Workmen's Compensation Insurance for each individual performing services thereon and provide proof thereof to Tauber Property Owners before commencement of the work. 2. Payment of Costs and Expenses. In consideration of the Easement granted hereunder, the Association shall reimburse Tauber Property Owners for all of their reasonable out-of-pocket (a) attorney's fees and expenses incurred in connection with the negotiation and preparation of this Easement Agreement and the transactions contemplated in this Easement Agreement, and (b) engineering costs and expenses incurred in connection with the review evaluation and analysis of the proposed Retaining Wall System, which will include Tauber Property Owners' expenses in hiring an engineer to review and evaluate the proposed Retaining Wall System prior to the Association commencing any work on the Retaining Wall System, and periodically reviewing the ongoing excavation and installation of the Retaining Wall System, to verify it complies with the Retaining Wall Plans, and to review and approve in writing any changes thereto prior to the Association making any changes thereto on the ground, all as set forth herein. It is specifically understood, as a condition of this Easement Agreement, that the Association shall undertake no work on or under the Tauber Property at any time unless Tauber Property Owners and their independent engineer has approved such work in advance and in writing. The Association shall pay these reimbursable expenses within fifteen (15) business days of delivery of a statement therefor from Tauber Property Owners. The review and approval by the Tauber Property Owners and their independent engineer shall not in any way limit or otherwise diminish the obligations, representations and warranties of the Association or its contractors, architects and engineers to the Tauber Property Owners, which obligations, representations and warranties shall continue undiminished at all times. 3. Indemnification and Insurance. a. The Association shall at all times remain solely responsible for and shall indemnify, defend and hold Tauber Property Owners absolutely blameless and harmless from and against any and all losses (to person or property), damages, claims, demands, costs of defense (including attorney's fees), liability or obligations of whatsoever nature and by whomsoever asserted occasioned by, arising in connection with or in any manner resulting from 3 2333336.2 THE CITY OF ASPEN 130 SOUTH GALENA STREET ASPEN, COLORA[)081611-1975 ; ~ Printed On Recvcled Papc, External Media Located Here 7&.1 2 e~ M-008333 lk- 444. -...# ...1.- . ;Sdk .1.-L . J. i 1 1 E RMMI /J