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HomeMy WebLinkAboutBar X F1 Condo Plat Application 8-16-21 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM August 16, 2021 Amy Simon Planning Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Bar X Ranch F1 Condominiums Lot F1, Stage Road PUD/Subdivision Ms. Simon: Please accept this application to condominiumize the F1 parcel of the Stage Road Planned Unit Development / Subdivision (a.k.a. “Double Bar X Ranch”). This application is submitted pursuant to Section 26.480.050.A of the City of Aspen Land Use Code. The proposed map has been prepared according to Chapter 26.490 of the Code. The F1 parcel is approximately 35 acres and was considered the “fathering parcel” of the Stage Road Subdivision. The existing (at the time of subdivision) four homes on the parcel enabled the four residential reconstruction rights along with the many points of negotiation between the City and the Zoline Family. The Stage Road PUD/Subdivision land use approvals were granted by the City of Aspen via Ordinance 6, Series 2005, and provided land for what is now known The above map highlights the F1 parcel in blue with additional agricultural easement areas shown in grey and the residential building envelope shown in yellow as Burlingame Ranch, an affordable housing subdivision. The F1 parcel was entitled for up to four homes with an aggregate allowed Floor Area of 15,000 square feet, increasable to 18,000 square feet through use of Pitkin County TDRs or a cash-in-lieu payment. F1 Parcel Condo Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The Stage Road Subdivision plat is filed with the Pitkin County Clerk and Recorder in book 75, page 33. A copy of the plat is attached. The PUD Control Document, Development, and Vested Rights Agreement for the Stage Road Planned Unit Development/Subdivision is recorded with the Pitkin County Clerk at reception number 515890. A copy of the Control Document is attached. Section 2.1.2.1 of the Control Document describes the development rights for the F1 Parcel. Section 2.1.2.3 of the Control Document and Section 5.5 of Ordinance 6 enable the condominiumization of the F1 parcel through filing of a condo plat. The F1 parcel is bordered by the Maroon Creek Club golf course to the southwest, the Burlingame Ranch affordable housing development to the northwest, and other parcels of the Stage Road Subdivision on the remaining sides. The ariel view to the right shows the F1 parcel highlighted in yellow with surrounding parcels labeled. The view is looking to the west The F1 parcel currently contains two residences – a new home and an older farmhouse. Other structures consist of two garages, a large barn, and two agricultural sheds. The two agricultural sheds are slated for demolition. The ariel view to the right shows the buildings currently developed on the F1 parcel The purpose of the condominium plat is to create distinct property interests in the F1 parcel that can be separately conveyed or encumbered, with the distinct property interests having the ability to construct an additional residence and/or additional agricultural facilities. F1 Parcel Condo Page 3 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Upon filing of the condominium plat, a distinct property interest can be conveyed. Agricultural uses will continue to be accessory to residential uses within the F1 parcel. Floor Area allocations will be governed by the condominium declaration. The property is owned by TS Bar X LLC; Thomas Slatkin, Manager. Mr. Slatkin has authorized BendonAdams to submit this land use application. We believe this application contains the necessary information for a complete and competent review. Please let us know if additional information is needed. We look forward to your review and will make ourselves available as needed. We can also arrange a site visit at your request. Kind Regards, Chris Bendon, AICP BendonAdams, LLC Attachments: 1. Proposed condominium plat 2. Application form 3. Agreement to pay 4. HOA form 5. Authorization to represent 6. Statement of authority 7. Proof of ownership 8. Pre-Application summary 9. Vicinity Map 10. Stage Road PUD/Subdivision plat – rec.# 515869 11. Stage Road PUD/Subdivision Control Document – rec.# 515890 12. City of Aspen Ordinance No 6, Series 2005 – rec.# 513680 LOT6 LOT C LOTRM LOT12 LOT11 LOT10 LOT9 LOT8 LOT7 LOT5 LOT4 LOTF2 (TIE ONLY) N 7 9 ° 3 4 ' 0 1 " E 2 7 6 7 . 3 0 ' (T I E O N L Y ) S 5 0 ° 4 0 ' 4 1 " E 1 1 2 5 0 . 9 1 ' STAGE ROAD BAR X RANCH F1 CONDOMINIUMS 1,526,985 sq.ft.± 65.055 acres± CO A C H R O A D N56° 02' 03"W 133.07' N42° 03' 14"W 70.27' N33° 59' 23"W 77.89' N24° 01' 44"W 121.16' N27° 01' 53"W 119.41' N68° 21' 03"W 51.55' N2 5 ° 2 7 ' 0 6 " E 4 5 8 . 4 7 ' N 1 0 ° 1 8 ' 2 3 " W 2 8 8 . 6 7 ' N6 0 ° 1 0 ' 4 6 " W 2 7 1 . 1 9 ' S0 ° 1 0 ' 3 8 " E 2 8 6 . 1 2 ' S 1 3 ° 4 6 ' 2 4 " E 2 4 5 . 1 0 ' S7 ° 1 5 ' 4 6 " W 3 0 1 . 5 5 ' S41 ° 2 8 ' 1 3 " W 2 1 9 . 6 2 ' S15° 03' 57"E 102.18' S16° 10' 12"W 100.81' N90° 00' 00"E 20.99' S10° 00' 28"W 78.33' N90° 00' 00"W 96.71' N0° 04' 41"W 48.31' S89° 31' 10"W 321.24' S12° 46' 42"W 31.16' S12° 44' 09"W 118.19' S0° 11' 54"E 143.37' N83° 52' 48"E 52 4 . 2 1 ' N89° 43' 47"E 147.38' S 3 ° 0 9 ' 0 6 " E 2 8 6 . 2 4 ' S89° 56' 56"E 114.77' S 1 1 ° 5 4 ' 1 6 " E 5 5 9 . 6 5 ' S88° 17' 50"W 930.35' S1° 01' 58"W 45.60' S87° 18' 47"E 5.97' N89° 42' 25"E 189.99' N88° 41' 56"E 136.14' N88° 56' 55"E 144.94' N89° 08' 18"E 156.94' N88° 59' 33"E 228.21' N87° 15' 08"E 126.50' N89° 20' 28"E 501.00' S0 ° 3 0 ' 0 0 " E 3 5 3 . 4 8 ' S89° 30' 26"E 331.74' N6° 23' 45"W 31.01' N7° 28' 45"W 152.60' N1° 14' 15"E 176.82' N89° 09' 40"E 30.02' N1 7 ° 3 6 ' 4 5 " E 4 2 5 . 1 2 ' N80° 46' 24"W 56.69'C1 C2 N64° 30' 26"W 68.20' S32° 51' 59"W 83.47' N53° 16' 08"W 59.02' N43° 03' 43"W 47.28' N33° 14' 12"W 106.84' N41° 33' 32"W 106.38' N56° 52' 55"W 20.62' N70° 11' 47"W 39.90' N57° 27' 20"W 209.89' N41° 45' 36"W 160.07' N64° 14' 46"W 188.39' HOMESTEAD 1 1,248,049 SQ FT± 28.651 ACRES± AG PARCEL 111,958 SQ FT± 2.570 ACRES± GCE 1,642 SQ FT± 0.038 ACRES± HOMESTEAD 2 165,285 SQ FT± 3.794 ACRES± VICINITY MAP SCALE: 1" = 2000' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 sopris@sopriseng.com NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.30224.01 8/13/2021 CL G:\2020\30224\SURVEY\Survey DWGs\Survey Plots\30224 2021LANDCONDO\30224_LANDCONDO-SH1.dwg A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M., CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 3 THE PURPOSE OF THIS PLAT IS TO CREATE CONDOMINIUM UNITS AS SHOWN HEREON BAR X RANCH F1 CONDOMINIUMS CONDOMINIUM MAP OF: C O A C H R O A D NGS STATION Q-159 NGS STATION S-159 N 3 8 ° 0 5 ' 4 4 " W CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED, BEING THE OWNER IN FEE SIMPLE OF ALL OF THE LAND WITHIN LOT F1, STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 2005 IN PLAT BOOK 75 AT PAGE 32 AS RECEPTION NO. 515869 AND THE FIRST SUPPLEMENT TO THE FINAL PLAT RECORDED OCTOBER 15, 2009 IN PLAT BOOK 92 AT PAGE 1 AS RECEPTION NO. 563657 PITKIN COUNTY, COLORADO RECORDS, AS AMENDED CONTAINING 1,526,985 SQ.FT. OR 65.055 ACRES, MORE OR LESS. HAS BY THESE PRESENTS PLATTED AND SET FORTH THE BAR X RANCH F1 CONDOMINIUMS, CONSISTING OF HOMESTEAD 1, HOMESTEAD 2, AG PARCEL, AND THE COMMON ELEMENTS APPURTENANT TO THEM, AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO AND FOR THE PURPOSES SET FORTH IN THE CONDOMINIUM DECLARATION RECORDED ____________, 2021 AS RECEPTION NO. _________ IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO; EXECUTED THIS _______________ DAY OF _____________________, 2021. OWNERS: TS BAR X LLC BY: ________________________________ THOMAS SLATKIN, MANAGER STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ______ DAY OF ________________, 2021 BY THOMAS SLATKIN, MANAGER OF TS BAR X, LLC, A DELAWARE LIMITED LIABILITY COMPANY. WITNESS MY HAND AND OFFICIAL SEAL: MY COMMISSION EXPIRES:____________________ ___________________________________________ NOTARY PUBLIC CITY OF ASPEN ENGINEERING CERTIFICATE THIS BAR X RANCH F1 CONDOMINIUM MAP WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS THIS_____ DAY OF _____________________, 2021. _____________________________ CITY ENGINEER. CLERK AND RECORDER'S ACCEPTANCE THIS BAR X RANCH F1 CONDOMINIUM MAP IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT _________ O'CLOCK ____.M., THIS _______ DAY OF ________________, 2021, IN PLAT BOOK ______, AT PAGE ________, RECEPTION NO. _________________. ________________________________________ PITKIN COUNTY CLERK AND RECORDER TITLE COMPANY CERTIFICATE DRAF T 1 inch = ft. ( IN U.S. SURVEY FEET ) GRAPHIC SCALE 0200 200 400 200 800100 SITE STAGE ROAD SURVEY NOTES 1) DATE OF FIELD WORK: January and June 2021. 2) DATE OF PREPARATION: July - August 2021 3) BASIS OF OF BEARING: A record bearing of N 38°05'44" W between found NGS stations S-159 and Q-159, per The City of Aspen Control Monumentation map, prepared by Marcin Engineering LLC, dated December 2, 2009 (Revised 2010). 4) BASIS OF SURVEY: The Final Plat of Stage Road Planned Unit Development/Subdivision, recorded as Reception No. 515869, The First Supplement to the Final Plat of Stage Road Planned Unit Development/Subdivision recorded as Reception No. 563657, The Amended Plat of Lot F1, Stage Road Planned Unit Development/Subdivision recorded as Reception No. _________, various documents of record and the found survey monuments, as shown. 5)This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine ownership or easements of record. For all information regarding easements, rights-of-way and /or title of record, SE relied upon the items outlined in Note 4 and the Title Commitment prepared by Land Title Guarantee Company, effective June 25, 2021 under Order No. Q62013029. 6) Indicates found or set rebar and plastic cap stamped L.S. #28643, unless otherwise noted. 7)The linear unit used in the preparation of this plat is the U.S. Survey Foot as defined by the United States Department of Commerce, National Institute of Standards and Technology. SURVEYOR'S CERTIFICATE I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS BAR X RANCH F1 CONDOMINIUM MAP; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN FEBRUARY AND MARCH 2021; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33.3.209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THE CONDO MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209 OF THE ACT, AND (ii) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. RECORDED EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE REPORT REFERENCED IN SURVEY NOTE 5 HEREON. ___________________________________________ MARK S. BECKLER, P.L.S. #28643 DATED __________________, 2021. AMENDED LOT F1 STAGE ROAD PUD/SUBDIVISION (REC. #__________) TS BAR X LLC (REC. #533815) CONDOMINIUM UNIT BOUNDARY CITY OF ASPEN COMMUNITY DEVELOPMENT CERTIFICATE THIS BAR X RANCH F1 CONDOMINIUM MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH APPLICABLE SECTIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS _____DAY OF __________________ 2021. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDER OR APPLICABLE LAWS SHALL CONTROL. _______________________________________ CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THE UNDERSIGNED, A DULY-AUTHORIZED REPRESENTATIVE OF ______________________________, REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE TITLE COMMITMENT REFERENCED IN NOTE 6 HEREON. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT___________________________, NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN. _____________________________DATE______________ ADDRESS:_______________________________________ STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) THIS TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF _________________, 2021, BY ____________________, AS _____________________________ OF ____________________________ WITNESS MY HAND AND OFFICIAL SEAL __________________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: _______________________. MY ADDRESS IS: _____________________________. Exhibit 1 LOT C LOTRM LOT12 LOT11 LOT10 LOT9 LOT8 LOT7 LOTF2 ANNIE'S TRAIL PER PLAT REC. #563657 N56° 02' 03"W 133.07' N42° 03' 14"W 70.27' N33° 59' 23"W 77.89' N24° 01' 44"W 121.16' N27° 01' 53"W 119.41' N68° 21' 03"W 51.55' N2 5 ° 2 7 ' 0 6 " E 4 5 8 . 4 7 ' N 1 0 ° 1 8 ' 2 3 " W 2 8 8 . 6 7 ' N6 0 ° 1 0 ' 4 6 " W 2 7 1 . 1 9 ' S0 ° 1 0 ' 3 8 " E 2 8 6 . 1 2 ' S 1 3 ° 4 6 ' 2 4 " E 2 4 5 . 1 0 ' S7 ° 1 5 ' 4 6 " W 3 0 1 . 5 5 ' S41 ° 2 8 ' 1 3 " W 2 1 9 . 6 2 ' S15° 03' 57"E 102.18' S16° 10' 12"W 100.81' N90° 00' 00"E 20.99' S10° 00' 28"W 78.33' N90° 00' 00"W 96.71' N0° 04' 41"W 48.31' S89° 31' 10"W 321.24' S12° 46' 42"W 31.16' S12° 44' 09"W 118.19' S0° 11' 54"E 143.37' N83° 52' 48"E 52 4 . 2 1 ' N89° 43' 47"E 147.38' S 3 ° 0 9 ' 0 6 " E 2 8 6 . 2 4 ' N53° 16' 08"W 59.02' N43° 03' 43"W 47.28' N33° 14' 12"W 106.84' N41° 33' 32"W 106.38' N56° 52' 55"W 20.62' N70° 11' 47"W 39.90' N57° 27' 20"W 209.89' N41° 45' 36"W 160.07' N64° 14' 46"W 188.39' MATCH LINE SHEET 2 SHEET 3 ANNIE'S TRAIL (AS-BUILT) UTILITY EASEMENT REC. #515869 CENTERLINE 30' WIDE SEWER LINE EASEMENT REC. #563657 WATER SERVICE EASEMENT REC. #563657 UNDERGROUND RIGHT-OF-WAY EASEMENT (HOLY CROSS ENERGY) REC. #536439 LEGEND AGRICULTURAL CONSERVATION EASEMENT (REC. #515869) MONUMENT FOUND OR SET, L.S. #28643, UNLESS OTHERWISE NOTED UNIT BOUNDARY SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 sopris@sopriseng.com NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.30224.01 8/13/2021 CL G:\2020\30224\SURVEY\Survey DWGs\Survey Plots\30224 2021LANDCONDO\30224_LANDCONDO-SH2.dwg A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M., CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 3 THE PURPOSE OF THIS PLAT IS TO CREATE CONDOMINIUM UNITS AS SHOWN HEREON BAR X RANCH F1 CONDOMINIUMS CONDOMINIUM MAP OF: 1 inch = ft. ( IN U.S. SURVEY FEET ) GRAPHIC SCALE 0100 100 200 100 40050 LOT6 LOT7 LOT5 LOT4 STAGE ROAD HOMESTEAD 1 1,248,049 SQ FT± 28.651 ACRES± HOMESTEAD 2 165,285 SQ FT± 3.794 ACRES± AG PARCEL 111,958 SQ FT± 2.570 ACRES± GCE 1,642 SQ FT± 0.038 ACRES± CO A C H R O A D N83° 52' 48"E 52 4 . 2 1 ' S 3 ° 0 9 ' 0 6 " E 2 8 6 . 2 4 ' S89° 56' 56"E 114.77' S 1 1 ° 5 4 ' 1 6 " E 5 5 9 . 6 5 ' S88° 17' 50"W 930.35' S1° 01' 58"W 45.60' S87° 18' 47"E 5.97' N89° 42' 25"E 189.99'N88° 41' 56"E 136.14'N88° 56' 55"E 144.94'N89° 08' 18"E 156.94'N88° 59' 33"E 228.21'N87° 15' 08"E 126.50'N89° 20' 28"E 501.00' S0 ° 3 0 ' 0 0 " E 3 5 3 . 4 8 ' S89° 30' 26"E 331.74' N6° 23' 45"W 31.01' N 7 ° 2 8 ' 4 5 " W 1 5 2 . 6 0 ' N1 ° 1 4 ' 1 5 " E 1 7 6 . 8 2 ' N89° 09' 40"E 30.02' N1 7 ° 3 6 ' 4 5 " E 4 2 5 . 1 2 ' N80° 46' 24"W 56.69' C1 C2 N64° 30' 26"W 68.20' S32° 51' 59"W 83.47' N53° 16' 08"W 59.02' N43° 03' 43"W 47.28' N33° 14' 12"W 106.84' N41° 33' 32"W 106.38' N56° 52' 55"W 20.62' N70° 11' 47"W 39.90' GARAGE BARN 900 STAGE ROAD 850 STAGE ROAD GARAGE MATCH LINE SHEET 2 SHEET 3 S44 ° 3 9 ' 2 5 " W 1 1 4 . 9 3 ' S 3 1 ° 0 0 ' 4 7 " E 2 9 0 . 0 6 ' S18° 23' 38"E 73.80' S47° 36' 02"E 93.01' S37° 46' 57"W 49.08' S0 ° 3 1 ' 2 9 " W 1 6 3 . 2 8 ' S87° 18' 40"W 9.42' S0° 01' 33"W 68.97' N87° 28' 10"E 160.40' 149.67' S88° 20' 18"E 155.14' 142.22' N0° 01' 33"E 69.58' S88° 37' 23"E 23.64' PRIVATE ACCESS AND UTILITY EASEMENT REC. #515894, #515913 ALSO DEDICATED AS ACCESS AND UTILITY EASEMENT REC. #563657 (INCLUDES 10' WIDE UNDERGROUND RIGHT OF WAY EASEMENT FOR HOLY CROSS ENERGY REC. #536439 AND EASEMENT FOR SEWER MAIN) UTILITY EASEMENT REC. #563657 10' WIDE ELECTRIC EASEMENT REC. #563657 10' WIDE ELECTRIC EASEMENT REC. #563657 10' WIDE PUBLIC TRAIL EASEMENT REC. #563657 HISTORICAL MONUMENT ACCESS EASEMENT REC. #525203 25' WIDE FIRE PROTECTION, WATER SERVICE LINE AND FIRE HYDRANT EASEMENT REC. #563657 PRIVATE ACCESS AND UTILITY EASEMENT REC. #515894, #515913 ACCESS AND UTILITY EASEMENT REC. #536439 (INCLUDES 10' WIDE UNDERGROUND RIGHT OF WAY EASEMENT FOR HOLY CROSS ENERGY REC. #536439) 30' WIDE SEWER MAIN EASEMENT REC. #563657 10' WIDE PUBLIC TRAIL EASEMENT REC. #563657 ANNIE'S TRAIL REC. #____________ 20' WITNESS CORNER EDGE OF ASPHALT 10' WIDE ELECTRIC EASEMENT REC. #558009 GCE 1,642 SQ FT± 0.038 ACRES± CO A C H R O A D GARAGE STAGE ROAD ACCESS AND UTILITY EASEMENT S0 ° 3 1 ' 2 9 " W 1 6 3 . 2 8 ' S87° 18' 40"W 9.42' S0° 01' 33"W 68.97' N87° 28' 10"E 160.40' 149.67' S88° 20' 18"E 155.14' 142.22' N0° 01' 33"E 69.58' S88° 37' 23"E 23.64' 12.91'10.73' UTILITY EASEMENT REC. #563657 HOMESTEAD 2 HOMESTEAD 1 AG PARCEL LEGEND AGRICULTURAL CONSERVATION EASEMENT (REC. #515869) MONUMENT FOUND OR SET, L.S. #28643, UNLESS OTHERWISE NOTED UNIT BOUNDARY SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 sopris@sopriseng.com NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.30224.01 8/13/2021 CL G:\2020\30224\SURVEY\Survey DWGs\Survey Plots\30224 2021LANDCONDO\30224_LANDCONDO-SH2.dwg A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M., CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 3 THE PURPOSE OF THIS PLAT IS TO CREATE CONDOMINIUM UNITS AS SHOWN HEREON BAR X RANCH F1 CONDOMINIUMS CONDOMINIUM MAP OF: 1 inch = ft. ( IN U.S. SURVEY FEET ) GRAPHIC SCALE 0100 100 200 100 40050GCE DETAIL SCALE: 1"=50' GCE LEGEND UTILITY EASEMENT REC. #563657, ENTIRELY WITHIN GCE PRIVATE ACCESS AND UTILITY EASEMENT REC. #515894, #515913, #536439 AND REC. #563657, AS IT AFFECTS GCE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) Bar X Ranch F1 Condominiums 2735-023-03-014 TS Bar X LLC, a Colorado limited liability company; Thomas Slatkin, Manager 625 E. Hyman Ave.; Aspen, CO 81611 970.925.1936 tslatkin@edwardthomasco.com BendonAdams 300 So. Spring St. #202; Aspen, CO 81611 970.925.2855 chris@bendonadams.com Existing 35 ac. property developed with two homes and accessory agricultural buildings entitled for four homes and additional agricultural buildings. Proposed condominium plat to allocate separate property intrerests. na na 2 existing, 4 permitted 0 na x x x x 975 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-925-1678 BENDONADAMS CHRIS BENDON 300 S SPRING ST STE 202 Aspen, CO 81611 Invoice Number:ASP-4573 Date: July 06, 2021 Order Number:62013029 Property Address:850 STAGE RD ASPEN 81611 Parties:To Be Determined Invoice Charges Service: TBD Commitment Ref: 62013029 Addr: 850 STAGE RD Party: TS BAR X, LLC, A COLORADO LIMITED LIABILITY COMPANY Total Amount Invoiced: Less Payment(s): Balance Due: $217.00 $217.00 $0.00 $217.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number ASP-4573 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number:TBD Commitment - 62013029 Our Order Number:ASP-4573 Our Customer Number:79636.1 Invoice Requested by:CHRIS BENDON Invoice (Process) Date:July 06, 2021 Transaction Invoiced By:Web Services Email Address:system@ltgc.com Exhibit 7 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62013029 Date: 07/06/2021 Property Address:850 STAGE RD, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner TS BARX LLC Delivered via: No Commitment Delivery Agent for Seller BENDONADAMS Attention: CHRIS BENDON (970) 925-2855 (Work) chris@bendonadams.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:Q62013029 Date: 07/06/2021 Property Address:850 STAGE RD, ASPEN, CO 81611 Parties:TO BE DETERMINED TS BAR X, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 01/25/2007 under reception no. 533815 Plat Map(s): Pitkin county recorded 10/07/2005 under reception no. 515869 at book 75 page 32 Pitkin county recorded 10/15/2009 under reception no. 563657 at book 92 page 1 Copyright 2006-2021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 850 STAGE RD, ASPEN, CO 81611 1.Effective Date: 06/25/2021 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: TS BAR X, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOT F1, ​ STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION, ​ ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 2005 IN PLAT BOOK 75 AT PAGE 32 AND THE FIRST SUPPLEMENT TO THE FINAL PLAT RECORDED OCTOBER 15, 2009 IN PLAT BOOK 92 AT PAGE 1.​ COUNTY OF PITKIN​ STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62013029 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62013029 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR TS BAR X, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED DECEMBER 28, 2016 AT RECEPTION NO. 635016 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES THOMAS SLATKIN AS THE MEMBER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 3.RELEASE OF DEED OF TRUST DATED DECEMBER 23, 2016 FROM TS BAR X, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF BANK OF AMERICA, N.A. TO SECURE THE SUM OF $18,500,000.00 RECORDED DECEMBER 28, 2016, UNDER RECEPTION NO. 635015. 4.WARRANTY DEED FROM TS BAR X, LLC, A COLORADO LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENTS RECORDED OCTOBER 27 1892 IN BOOK 55 AT PAGE 31 AND AUGUST 11, 1909 IN BOOK 55 AT PAGE 172 AND 173 AND JUNE 16, 1947 IN BOOK 171 AT PAGE 290. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENTS RECORDED DECEMBER 10, 1952, IN BOOK 180 AT PAGE 87 AND SEPTEMBER 19, 1953 IN BOOK 180 AT PAGE 187. 10.MINERAL RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED DECEMBER 10, 1952, IN BOOK 180 AT PAGE 87 AND SEPTEMBER 19, 1953 IN BOOK 180 AT PAGE 187. 11.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY RECORDED AUGUST 11, 1969 IN BOOK 242 AT PAGE 634. 12.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED DECEMBER 01, 1969 IN BOOK 244 AT PAGE 740 AND DECEMBER 1, 1969 IN BOOK 244 AT PAGE 742 AND DECEMBER 1, 1969 IN BOOK 244 AT PAGE 744. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013029 13.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE RECORDED MAY 19, 1987 IN BOOK 536 AT PAGE 987. 14.TERMS, CONDITIONS AND PROVISIONS OF CONSERVATION EASEMENTS RECORDED AUGUST 12, 1987 IN BOOK 543 AT PAGE 664 AND 668. 15.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENTS RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT PAGE 957 AND NOVEMBER 15, 1993 IN BOOK 731 AT PAGE 27 AND MARCH 26, 1999 UNDER RECEPTION NO. 429230. 16.TERMS, CONDITIONS AND PROVISIONS OF SECOND AMENDED AND RESTATED AGREEMENT RECORDED MARCH 14, 2004 AT RECEPTION NO. 497592. 17.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED MAY 14, 2004 AT RECEPTION NO. 497599. 18.TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AGREEMENT RECORDED MAY 14, 2004 AT RECEPTION NO. 497600. 19.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE BY THE CITY OF ASPEN, NO. 6, SERIES OF 2005 RECORDED AUGUST 19, 2005 AT RECEPTION NO. 513680. 20.TERMS, CONDITIONS AND PROVISIONS OF FOURTH AMENDED AND RESTATED PRE-ANNEXATION AGREEMENT RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515868. 21.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SUBJECT PROPERTY RECORDED OCTOBER 07, 2005 IN PLAT BOOK 75 AT PAGE 32 UNDER RECEPTION NO. 515869 AND FIRST SUPPLEMENTAL PLAT RECORDED OCTOBER 15, 2009 IN PLAT BOOK 92 AT PAGE 1 AS RECEPTION NO. 563657. 22.TERMS, CONDITIONS AND PROVISIONS OF PUD CONTROL DOCUMENT RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515890. 23.TERMS, CONDITIONS AND PROVISIONS OF AMENDED AND RESTATED WATER SERVICE AGREEMENT RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515891. 24.TERMS, CONDITIONS AND PROVISIONS OF ROAD EASEMENT AGREEMENT RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515894. 25.TERMS, CONDITIONS AND PROVISIONS OF ROAD EASEMENT AGREEMENT RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515913. 26.TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF ARCHITECTURAL RESTRICTIONS RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515915. 27.TERMS, CONDITIONS AND PROVISIONS OF AGRICULTURAL LANDS CONSERVATION EASEMENT RECORDED OCTOBER 07, 2005 AT RECEPTION NO. 515916. 28.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS OF MAROON CREEK CANYON CONSERVATION EASEMENT RECORDED OCTOBER 07, 2005 UNDER RECEPTION NO. 515917. 29.TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE RECORDED OCTOBER 18, 2005 AT RECEPTION NO. 516372. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013029 30.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF HISTORICAL MONUMENT ACCESS EASEMENT RECORDED JUNE 13, 2006 AS RECEPTION NO. 525203. 31.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY RECORDED DECEMBER 13, 2006 AT RECEPTION NO. 532127. 32.TERMS, CONDITIONS AND PROVISIONS OF TRENCH, VAULT AND CONDUIT AGREEMENT RECORDED DECEMBER 13, 2006 AT RECEPTION NO. 532128. 33.TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED JANUARY 10, 2007 AT RECEPTION NO. 533189. 34.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED JANUARY 10, 2007 AT RECEPTION NO. 533190. 35.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JANUARY 17, 2007, UNDER RECEPTION NO. 533454, AND AS AMENDED IN INSTRUMENT RECORDED JANUARY 25, 2007, UNDER RECEPTION NO. 533814. 36.TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED APRIL 09, 2007 AT RECEPTION NO. 536438. 37.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY RECORDED APRIL 09, 2007 AT RECEPTION NO. 536439. 38.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED NOVEMBER 05, 2008 AT RECEPTION NO. 554047. 39.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY RECRDED APRIL 14, 2009 AS RECEPTION NO. 558009. 40.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED APRIL 14, 2009 AS RECEPTION NO. 558010. 41.TERMS, CONDITIONS AND PROVISIONS OF SANITARY SEWER LINE EASEMENT RECORDED OCTOBER 15, 2009 AT RECEPTION NO. 563654. 42.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF DEED RESTRICTION RECORDED SEPTEMBER 29, 2010 AS RECEPTION NO. 573942. 43.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF NOTICE OF APPROVAL RECORDED NOVEMBER 3, 2011 AS RECEPTION NO. 584100 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013029 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Bob Narracci, bob.narracci@cityofaspen.com (970) 429-2754 DATE: September 14, 2020 PROJECT LOCATION: 850 Stage Road / Stage Road PUD Lot F1 PID#: 273502303014 REQUEST: Condominiumization OWNER: TS Bar X LLC REPRESENTATIVE: Chris Bendon / BendonAdams / chris@bendonadams.com DESCRIPTION: The subject property is Lot F1 Stage Road Planned Unit Development / Subdivision as recorded in Plat Book 75, Page 32 in the records of the Pitkin County Clerk and Recorder. Lot F1 is 35.05 acres in area and shall be permitted to have one main residence, and up to three additional residences. The cumulative allowable floor area for the four residences shall be the aggregate of 15,000 square feet. This allowable floor area of 15,000 square feet may be increased to a total of 18,000 square feet with the purchase and extinguishment of up to two Pitkin County transferable development rights, as set forth in the PUD Control Document, Development and Vested Rights Agreement: Stage Road Planned Unit Development/Subdivision recorded at Reception Number 515890 in the records of the Pitkin County Clerk and Recorder. The total allowable floor area may be divided among the four residences at the option of the developer or owner of Lot F1. Such allocation shall be evidenced on the Plat or if not so designated at the time of recording of the Plat, in a subsequently recorded document. Section 2.1.2.3 of the Agreement restricts against further subdivision, except that condominiumization of Lot F1 for the residences located or to be located on Lot F1 upon filing the required condominium plat. The property owner seeks to condominiumize Lot F1 to allow separate conveyance for each of the four permitted single-family residences and land area upon which they are located or to be located. The balance of the site will be designated general or limited common elements. This is an Administrative process, to be reviewed and approved by the Planning Department. The submitted materials will additionally be evaluated by the City of Aspen Engineering Department. Below are links to relevant documents and a list of information needed to apply. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.480.050.A Condominiumization For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Packet Land Use Code REVIEW BY: Staff for Complete Application and Determination Exhibit 8 PUBLIC HEARING: No PLANNING FEES: $650 deposit for two hours of Planning review time REFERRAL FEES: $325 deposit for one hour of Engineering review time TOTAL DEPOSIT: $975 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) APPLICATION CHECKLIST – Please submit a PDF copy of the application contents directly to the Planner identified above.  Completed Land Use Application and signed Fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the 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.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form.  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  One 24”x36” copy of the draft plat, which must meet the plat requirements of Chapter 26.490- Approval Documents.  Written responses to the review criteria found at Section 26.480.050.A of the land use code. Once the application has been reviewed for completeness by staff, any additional information and/or submittal of the total deposit for review will be requested. If approved, the following items will then need to be submitted:  One (1) 24”x36” copy of the plat on Mylar  Recording fees (to be assessed by the case planner) During review of the case, additional items may be requested. 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. 850 Stage Road – Vicinity Map Exhibit 9 Exhibit 10 STAGE ROAD PUD PROPERTY DESCRiPT ON FINAL PLAT OF: STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISIO 1101 A parcel of ,a ,c situated in Sections 2 & I1, Township ?0 South. Range 85 ri t es, ofme o h `- rrcipai Mandan. County of P.tk Stele of Coilt aco, Said par.,., land being more pa' c..,ary cesonbed as -oil sa: Beginning at a point or the ortheas er v Rignt-of illav l ne of Coioracc State Highway No 82 (project number: 082 unit said, point oeind the northeasterly co, net of parcei cumber 120.. Project code 12269 of the Colorado department oftransponatlion, waence, the 1i4 corner common to said Sections 2 &'.1 bears N. 10'21'54 E. 708.68 feet being a found 1954 B.L.M. Brass Cap in place; thence along said northeasterly highway Right -of -Way line NBO'10'52"W., a distance of 178,00 feet to a point on the boundary line of Golf Course Parcel A. as shown on the Final Plat and P.0for Mercer, Creek Club, recorded on Plat Book 31 Pages 4 th, ough. 15 ofthe Pitkin County Recc cs. ^ence levying said northeasterly gr'. gf-way'-ne along the bgunitaN line of safe Gd: Course Party- A, the following nine ;.,_ courses: N.01 `48 3 - E., css.a ce of 915 83 fast.. 2t N.35'3127vu , a distance of 725.00 feet; 3? N.08'06'25"E., a distance of 762.37 feet; 4? SS8'59'33"'P,'., a distance of 228.21 feet; 5) SR9°08'18"W., a distance of 156.94 feet,: 3) S.88'56 50 `id., a asta ice of 144.9994 get: 71 S.88'41'56"1yt., a distance of 136.14 feet; 8) S.89'42 25"\Al _ a distance of 189.99 feet; _' NS7° 84- vV., a distance of 5.97 feet to an existing fenc_ ; -e and fierce, line extended; ..hence fallowing said fence line arc fence line a foitowing five , ; courses: N 0 ='3 58 G a cislance of 203.59 nee-: 2t N 2 27 E, a cis+ nce of 109 3 let 3, N 00' 9 27-E a distance of 296 4 fee'- 4' N.00`4153 �N _ a distance of 62.14 feet; N.0229'43E., a distance of 13,40 few. to a oo _he northery bou ci ofina, o,one y described r.. hock .8'. at cage 320 offne Pitkin County records: thence leaving said fence line anc fence line extereed N.86 294, -.v., along said nor; e. y oounda 6.C5 feet: to The easterly boundary of Burlingame Ranch Subdivision recordern Plat Boot 50 atpage e 89 of the Firkin n County records.thence leav ing said northerly nv counci'Y along the easteNy boundary ry of sac �.. �.Burlingame Ra,Fe following seven courses: N 02°52 3E P a distance of 165.48 fee,:. 21 N.00' 3 Y26 s a distance of 243 7 tee` 3, N.18`, 6-55?17A... acs.a.:c., of 8&12 roar. i N224 4 ;V a atstar,-ce of 384.52 feet; c; N.00'3407'E a distance of 57 52 feet; e` N.33'-;25C'E . a cistan:ce of 6884 feet: i N.12'39 27 E , a distance of 105.85 eel, to a . - or'he Jo th_ i., do many of Pa „e; 2 Park Trust Exalmottor Map as recorcec on pia. Look page 5A of the Pitkin County Records: o rt,r '4 n r .. of said Pare a dista .ge o- 5.8c- toot -c a ., � .. G i thence S 8$" .5 7 E agng the sgut e y bdunda y pc _ the cult claim deed recorded as Receptor No 466499 of the Pitkin Court, ecores; thence along the boundary of said cult claim deed the following fifteen (1 5) courses: N13'5057'E_. a distance of 114 3 Tee- 2' N.12044'56"E_ a distance of284.79 feet; 31 N..12'34'48"E., a distance of 263.95 feet; 41 S.59'34'09"E., a distance of 69.27 feet, 51 179.45 feet along the arc of a non -tangent curve to the ngf t, having a actus of ?,000 u0 feet., a - e- .a+ angle 0. 6'53" (chord bears S27°38'40"E. a distance of 179.21 feet 6) 3.07; 1'09"E_ a distance of 50.03 feet; 71 S.21' 1 8 .7'E.. a distance of 44.53 feet: 8) S 05'3VIO`yv_ a distance 3132.3C feet: S1w^'`32'0C"E., a distance of 45 0C feet: tCi 6.23 feet along e arc o a g Je to the raving a rat=..,. „ 4., Cu ee, a certraziangae of 1G0 %.^..^., . -ueors S.O., 3T45'-E. a ats a":ce of 65 21 feet S.25 2C 4 . E a distance of 42 24 fee 21 S.35 09 29"E_ a distance - ' 43f ., S20 3..-.,2'E.. a dista2�.-a . -_ 38 52 ' , a ,.:s.a"ce d. ..5.85fee' -,c a natn�� _.... _ _ e . _ of __ FOUND REBAR & CAP L-S- #9184 ' ERNE `SiFOD" t MP D ND.'48'31"E 9 0.83' _CENT 7di0E R GHM F-WAY ASEMEN -REC: 16780' LO v - O 2 693 sc.f 2 472 494 sq.`. _..-..- NT OF BcG+NNiN ac a 2.146 acres CORN R. SEC 2 1n7 _ -104 I FOUNT" .954BLM- 00U \'J ` 4.. Yc_ C:'i •, Rpcc CAP ,I ^ 7j8.68- TLASTIC CAP STAMPED rifle; t TY OF ASPEN LS 160" - S _ 2° _ 1 1 1-1!4" RED OgSs„ FOUND 1 1r4" YELLOW _FOUND PLASTIC CAP STAMPED: PLASTIC CAP ILLEGIBLE 624.,39, "CITY OF ASPEN LS 13166" FOUND 1 ;14" YELLOW ' A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 HIP 10 SOUTH RANGE 85 WEST OF THE 6th P.M., TOWNS , COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OE 9 STAGE ROAD PU(3 PROPERTY DESCRIPTION CONTINUED EXTERIOR BOUNDARY DESCRIPTION AND EXISTING EASEMENTS .hence N 89 0T44 "v , axing said o ,e ,y +ne _ d stance u. 56-.24 lee'; thence leaving said northerly itne along tune perimeter of a strip of land, described in Book 166 at Page 481 the following nine !9) courses: 1 N.05-:8'15"E_ a distance of 234 07 feet: 2. N'.06 234a"'I ., a stance of 252,08 fee:; 3k N.07'2845'Iv., a distance of 150.60 feet; 4i N:01 -415"E., a distance of 475,63 feet: 51 S.89 09 4C "W_, a distance of 30.02 feet; of S.01:'1415"W., a distance of'.7682 feet: 7 i S,07°28'45"E., a distance of 152.60 feet. 8) S.06`23'45`E., a distance of 248.72 feet: 9) S.05 8 5 W _ a distance of 233 33 feet tc a bo! t an the .orthe y : re of sale came',and recorded n Bock 228 a: Pag. 59c ...... \ /. \� thence a+org the nor±he ty and'aes.e ,y tres of said parce` ^e `crowing `ve )5 .... \ courses: FOUND REBAR& ALUMINUM CAP,, may 1? NS9 0TA4'With a distance of 14339 fee`; L.S, #27936 "W f 2 21 5:96 +3' , 6 1., a distance g. 2.,7.36 ee.; ' i- r11 3' S.14 07 6 A.. a distance o. 2:67 feet: - FOUND REBAR & CAPLS #27936 I- � `-N -N THE FENCE FOUND REBAR & 7 A L. . #2 936 P S 4i 5.11 5 6W., a distance of 77.29 fee`; _ FOUND REBAR & _lNE FOUND REBAR & 5) S.27"06'16"'i4., a distance of 125.08 feet to a coin. on -:^.e boundary o the CAP L.S. #27936 IN THE FENCE _ � _ IN THE FENCE CAP L.S. #27936 4th Amended Ashen Golf Course Subdivision ecor. dect on P-ai Book 63 at SET REBAR & CAP -S #28643 �+ LINE L8 LINE , . Lt Pages 62 through 66 „f the P tkin county records: _ t i N00'1927'E 298A �? ET REBAR & iN THE FENCE I thence along the boundary of said 4t . Amended Aspen Go,`+ .course ..AP _S #28643 NE -. Subdivision the following six (6) courses: N THE FENCE LINE ". N.89 20 26 '0- a distance of 3.41 feet: SET REBAR & 2} S.21'09'56`tN., a distance of 624.39 feet: CAPLS 928643 . a' S.00'24'34"Vv., a distance of 158,79 feet: 1 4) S.00'59'34"W _ a distance of 84.56 feet; _ 5) &06 3241"Al., a distance of 164.07 feet: FOUND REBAR & 8) S.25 03'34"W., a distance of 1.70 feet to the pan, Y beginning, .. CAP L.S- "-9'8e LOT 6 Sae carpel .,f :and co airing 146 00 - acres, or less. �; "066.897 sd.'t. i 5.310- acres -O ND REBAR & Count, of Pitkin, ' CAP L.S. #9'8e State of Colorado ET REBAR & CAP 'LS #28643 SET REBAR & CAP LS #28643 S08 0 yD$°0 FOUND REBAR & - 625"..AP _ B #9184 55 t.3: fib 0625„Y7 T�7 S3 56 R8" :a^ 4g5 w a CENTERLiNE OF 20 c FOOT',VIDE SEWER_/�� Z per' EASEMENT RED r Z z n W - gDa,•�u ' 38124 Zn s m LOT 3 258.761 sq.ft. SET REBAR & 940 acres - - - r CAP LS #28643 -PLASTIC CAP S+A E ! 103 "CITY OF ASPEN LS 13166" FOUND 1t4` RED PLASIC , CAP c AMPED' SW' KKBNA � L7a2 5�47 PRORCOR." L+Os SET REBAR & CAP LS #28643 SET REBAR & CAP LS _28643 SET REBAR & :hence S 88 5`48"E a+on. then tie +,.'line cf sa.c -:over ?a distance of 1.033.90 feet to a ocint on line West Bank of Maroon Creek as CAP LS #28643 -oferencen In deed records-- r• Book 166 at Page 48 - the P tk . County Records. thence along said case described above and he:^a 25.00 feet fnisri o ^ ^aria e Sao ^`es Back .. -aek e 'lcir^^ soy - . e ra .,gases m z z z z c v L z z \Z ? v < Z n. Z ¢ N 1 0 Pi Z co Off'; OM w' v Q tu n 420.050 sq.ft. > -> 9643 acres rrm------- FOUND REBAR & CAP L.S. #27936 e NO R� 181'� 5. G U O E F 4 L fG N4 2i R i UN9 R �$ g3E r0 y5. a4 POUND REBAR-&' CAP _ S a27936 LOT RM LOT C 7.774 87.158 se.ft. 3.^. T8 acres ^ n1 a0... acres �I CURVE TABLE ' CURVE LENGTH RADII'JS TANGENT CHORD BEARING DELTA C1 179 45' 1D00.00' 89 96, 179 _ , S 27'38'411" E 10°16'53" C2 76.23' 40.00' 56 28' 65.21' S 65-07'45" E 109-11'30" C3 233.57' 400 00' 120.22' 230-27' S 03`31'23" E 33'27'25" _ -CTRICAL CONSTRUCTION _ SET REBAR & AND MAINTENANCE -, CAP =S FOUND REBAR & EASEMENT REC `3500 SET REBAR & CAP L.S #27936 CAP LS #28643 V03' 50''E ELECTRICAL CONSTRUCTION F S PIKE FOUND REBAR& - L?7:' AND MAINTENANCE EASEMENT .tom, REC 1230fi". & CAP � S rt27936 -_ SET REBAR / F � � CAP LS #28643 2 L O O U REBAR,=cAP cqp ° RF&q��s 3. �S. #28643 ® a. #21gg6`y 2,3 i 263„e�5, -FOUND REBAR & REBAR?CAP CAP _& #2376 ­S. #28643 - SET REBAR & CAP IS #28643 SET REBAR & - CAP �S #28643 O't 20 ACRE PARCEL SET REBAR & i 940,367 sq.ft. CAP LS #28643 tZ'` t- L20- 21,588 acres ,x3 - L22 / FOUND REBAR & �ii C2 /--- CAP ILLEGIBLE ! REBARiCAP REBARICAP L2 �� L.S. #20151 L25 L.S. #28643 L2-i.�-6--- -. _._CORNER BEARS -ii `- L27 N30`56 56"W �"F _.-_._. -OUND REBAR & _ CAP ILLEGIBLE EGIBLE FOUND REBAR & _! CAP ILLEGIBLE 1 a _ . 12LZ . 462 STAGE ROAD PUDISUBD V,8!O i212acres / 7t \ 6,359,971 sq.ft. LO ; f` 146.005 acres 240,499 scJt f5,52 ac=es FfSHERPERSON S TRACT LO . G 2,928 sc f' - 2 3 a sc.` C.067 acres e 892 a.,. es SET REBAR & i CAP LS #28643 526 783 sq.ft- \ 35050 acres - t CENTERLINE OF 20 FOOT WIDE SEWER EASEMENT - / +>;� �✓ /-' I � J/1 _ t " FOUND 1 1.4 RED i .,. .. z I ? z ----- S?6'4223"A, \ 2go 23"2j 28.07 SET REBAR & - SD6"3',6"N1267.36' \ >8` S07 4p ,8 !r ,.AF #28643 SET REBAR & SET REBAR & \` - -_75 t '._ II7 40't8"ill 1 202 \ Cy LS #28643 S07 CAP LS #28643 r- n _ _ � - SET REBAR & 40'18"V! :. _ _ 2G - 2 8' SET REBAR & SET REBAR & �, CAP LS #28643 ` '-- - CAP LS #28643 CAP LS #28643 95 93 L94 SET REBAR & f -..._ C97 92 '-91 - _ CAP LS #28643 R Je _ REBAR & i i S REBAR & \ ,i ... ....... ... .., a, ,i a, ......a...., cis ..,, ,.. .. _. .g ..... t-., ., - SET REBAR & ''. - CAP LS #28643 1\CAP LS #28643 \ CAP LS #28643 SET REBAR & 1 S.47'16'56"E.. a distance of 93 51 'let; 34} S."23525bti'., a distance of 60.60 feet: CAP:_S #28643 2) S.40440Q"E a distance of 99.92 feet; 35) S 15.11 24'W'., a distance of 30.24 feet; FOUND :-1 i4" YELLOW g � L8? < 31 S 43 12 00 E., a distance of 75.48 feet:. 36, S 145+ 24 E a distance of 30.10 feet: PLASTIC C CAP STAMPED -�_� / 4i; S.26 40 59 E., a distance of 61.42 feet: 37) S 30'31356 E , a distance of 49.45 feet: LS 91.75" _858 1 . `i62 5.29 29 19 E , a distance of 82 66 feet: 38) S 33"443n E -a distance of 3140 feet: - _ _ 83 ., 44 5 "E , a distance of 78- :6 feet,. ' 3 S 5`57.56 E a distance g. 65.., -reef; '� v L --� A- L73 f ! T6I'y/ L-=63 -� 7; S70 00 04' E , a distance of 104.72 feet, S ;5'5218 E. a distance of 7255 feet : 1 4 L78 I �>_, L65 L64 1 L� 8) S.50-38 5"E , a distance of 27 37 feet; q 4 t S,07'20 49 1^ a distance of 27 d4 feet; 42 S 45' 19'43' W ` t f 20 69 fi t, L80� -' = L, - _` . _) 3.01 1648 E.. a distance of 56.82 feet, ) - a ance o ee , -0) 529-58'10"W_ a distance of 34.56 feet: 43; S.32-4551'W., a distance of 51.58 feet, 'I i S.76 08.34 Vv„ a distance of 43 6b 'eel: 44'; c 02`19'3r"E, a distance of 36.47 feet; 12) S.00°46'52"W., a distance of 11&50 feet 45) S.08-50'53"W'., a distance of 19.54 feet 13) S.24 51 14"E., a distance of 92.53 feet: 46, S.08`1544"E.. a distance of 25.11 feet; ?4) S.07`32'08"E., a distance of 36.99 feet: 47 S. 1 3'20'02"E_ a distance of 27.03 feet; 15) S.52"15'52"E , a distance of 34.18 feet: 48) S.31`23'52"E a distance of 113.34 feet; 6) S.1" 9'08"E., a distance of 79.45 feet:. 49i SOC'17'56"E, a distance of ?9.09 feet: 17= SA0 0T51"E., a distance of 160.49 feet; 50' S. ;4`06 53"tr.`_ a distance of 60.96 feet; 18) N.82-30'12"E., a distanoe of 92.23 feet: 5 1 , S. "5616"E., a distance -of 57.1.E feet: 19) N,66'41'51"E.. a distance of 24.39 feet; 52) S08'07'37"W'., a distance of 5.56 feet; 20) S.12'48'00" E., a distance of 170.52 feet: 53) N.39`2013"WW., a distance of 21 A7 feet: 21 I S.06 11 1 T W., a distance e183.10 feet: 54) N.86°08'02"W-, a distance of 47.08 feet: 22) 5:07-05'08-11_ a distance of 34 83 feet: 55) S.53-19'46 W., a distance of 28,16 feet; 23) S.00 0 32"W., a distance of 45.24 feet; 56) S 76.07 57'W_. a distance of 36.92 feet: 24) S.18`5449"E-, a distance of 72.69 feet,: 57) S.12-43'14"W., a distance of 40.76 feet; 253 SA O"58'43"E.. a distance of 75.11 feet: , 68) S.32'41'52"W., a distance of 99.52 feet; 26) S.13.40'31 `W.. a distance of 47.1,8 feet; 59) S.01 `29'59"E., a distance of 44.65 fleet 27) S.04`17'31"E., a distance of 66.15 feet: 60) 233.57 feet along The arc of a non -tangent curve to the left.. 28) S.08'20'24"E., a distance of 136A2 feet; having a radius of 400-00 feet, a central angle of 33'27'25'.. 29) S..04.2958 W., a distance of 65,63 feet; f.:.hobt bears S.03'31'23"E, a distance of 23027 feet 30) S.05 54 39"E., a distance of 34.46 feet. 6 S 20-1505'E., a distance of 63,49 feet to a point on the 3:) S.20`5018"41., a distance of 88 4. reef: northerly iine _ parcel of tend recorded M Book 228 at Page 590 32) S.02'09'35"W., a distance of 28.08 feet: o, the Pitkin County records:. 334 SS3`23'59" M,i.. a distance of 34.41 feet: NO C : ACCORD NO TO CO ORAD••O LAW MUI-COMMENCE4N: LEGAL AC 3ASEa UPON A. DEFECT :N -HIS SURVEY 1J.TI+lN 'TIRE- YEARS -FTER RST DISCOVER C DEFECT.N NOvFN lI,4Y \ s 4 C .. BASED POI, AN DEFECT IN THIS SURVEY B_ COMMENCED MORE -HAN' �N BAR,- -RON _'H:E _'A OF t, < CATON SHOWN r_'C_.ON. KEY MAP RED 138126 / / PLASTIC CAP STAMPED LOT 9 LOT F2 - k`5^ - "S&W 7972 PROP.COR" ' 70,863 sq.ft. 129f . ,208 sq - - - - - _ _ 3.922 acres 16.740 acres / .3 1`i OTe-__ / u LO 7 3.256 acres L40 155 641 sq.ft. V,1 -9- _ 3.573 acres - \ 3' L396r / s 3 L37 , A +4- 25,00 fee. westerly of a-c pa•aiiel to \ said West Bank of Maroon Creek \ ' / G47 L5 149 � - ate- �59 157 56 _05 63- 'i�Ln2 -L50 �-L5£ MAt200 CENTERLINE OF 20 FOOT WIDE SEWER EASEMENT RED 138126 GRAPHIC SCALE 'GG 200 400 400 ( IN FENS ) 1 inch = 200 ft. vvI 1 %11 � V' �� 1 V LL CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDA}LtrE. C�O�LORADO 8'1623 (97 V) 704-03 "1 4 -0T 1 _OT2 _OT 3 LOT 4 LOT 5 .LOT 6 TOT 7 LOTS LOT LOT 10 OT 11 LOT ?2 LOT C OT e', LOT F2 LOT RM SHERPERSON'S TRACT SUBTOTAL BOUNDARY CONSERVATION .AGRICULTURAL CONSERVATION MAROON CREEK CANYON ENVELOPE EASEMENT EASEMENT CONSERVATION EASEMENT 9nU 3b / sc.tt. 2 : dbb acres ' 07 693 sq.ft. 2A72 acres 22 706 sc ft. 0.521 acres 93,494 sq.ft. 2.146 acres 23.550 sq.ft. 0.541 acres 4,865 sq.ft. 3.112 acres 258,761 sq,ft. 5.940 acres 19,203 sq.ft. 0.441 acres 10.436 sq.ft. 0.240 acres 195,013 sq.ft. 4.477 acres 4' 3 495 sq.ft. 9.493 acres 21.511 soft. 0,494 acres 210.038 sq,ft. 4-822 acres 348.765 sq.ft. 8.007 acres 420,050 sd.ft, 9.643 acres 20,215 sq,ft. 0.464 acres 328,240 sd.ft. 7.535 acres 384,110 sq.ft. &818 acres 666 897 sq,ft. 15.310 acres 24.292 sq.ft, 0.558 acres 587.983 sq ft. 13,498 :acres 155,641 st:#t. 3.573 acres 21.891 sq,ft. 0.503 acres 58.486 sq.ft. 1.343 acres 141 810 sq,ft 3,256 acres 22.834 sq.ft 0-524 acres 52.519 sq.ft. 1.206 acres 1.70,863 sq.ft. 3.922 acres 21.920 sq,ft. 0.503 acres 64,807 sq.ft. 1,488 acres 211087 sq ft_ 4.892 acres 22.010 sq.tt 0.505 acres `26 022 sett. 2-893 acres 240,499 stuff. 5 521 acres 21,166 sq,ft. 0.486 acres '57,858 sq.ft. 3.624 acres 183,462 sq.ft. 4.212 acres 1,9,387 sq.ft- 33.457 acres "02,.292 sq.ft. 2.348 acres 87.158 soft. 2..001 acres 1.526,783 sq,fL 35 050 acres 99.532 st.":. 2285 acres 121,745 sc.fi. 25.752 acres 729.208 sqA. 16.740 acres 6 n15 sq.ft, 0.138 acres 625,679 sq.ft. 14.364 acres 7.774 sq,ft. 0A 78 acres 2.928 sc:ft. 0.067 acres 6.359,970 sq.ft. 146.004 acres 648,245 sq.ft. 14.882 acres 3.204,300 stift. 73 561 acres 525,679 sq.fi 14.364 acres 6.359,97: sq.ft. `46.005 acres 3,204302 _q.-_. 73.561 acres 625679 sq.ft. 14.364 acres i ! I ��u a _ e6 LINE TABLE LINE LENGTH BEARING L1 178 00' N 60'10'52" W L2 228.21' S 88°5933" W I : 3 156.94' S 89108118" W L4 144 94' S 88,56,551, W L5 136 14' S 88'41'56" W L6. 189 99, S 89'4225' W L7 5.97' N 87'18'47" W L8 203.59' N 01'01'58" E L9 109,93' N 02-02'27" E L10 62,14' N 00°41'53" W _ 13.4' N 02'29'43' E 1-12 605, N 86'29'41' W L1:3 165.48' N 02'52'36" E 1_14 80 12' N 18`16'57" Jti' L15 57 52' N 00`34'07" E L16 105-85' N 12'3927" E L17 6.86 S 88`1547" E L18 11473' N13°50'57'E L19 69 27' S 59'34'09" E L20 50.03' S 07` 11 `09" E L21 445& S 21'18'17" E L22 32 00' S 05'31'10" W L23 45,00' S 10'32`00" E 24 42.24' S 25"2041" E L25 43.07' S 35'09'29" E L26 50 20' S 20'30'32" E L27 17 4 ' 0 S 27'41'19" E L28 135 W S 04'OF52' W L29 93 51' S 47`16'56" E L30 99 92' S 40"44'00" E L31 75A& S43'1200"E -32 5'L42' S 26'4059" E L33 82 66' S 29'2919' E L34 78,16' S 44'11'50" E L35 104.72' S 70'00'04" E L36 27 37' S 50`38'15' E L37 56.82' S 01-1648" E L38 34 56' S 29'58'10" W L39 43.66 S 76'08'3 2 " W L40 118.50' S 00 46'52" W L41 92 53' S 24'51'14" E L42 36 99' S 07'32'08" E L43 34 18, S 52'15'52" E L44 79.45' S 11'19'08" E L45 160,49' S 40'07'51" E L46 92.23' N 82'3012' E L47 24.39' N 66'4151" E L48 170,52' S 12'48'00` E L49 83 10' S 06'11'l3" W L50 34.83' S 07'05'08" E L51 4524' S 00"01 37 i L52 72 69' S 18'5449" E L53 75.11' S ' 0-58'43" E L54 47.18' S 13'40'31" W L55 66 15' S 04' IT31" E L56 136 42- S 08'20'24" E L57 8513B S 04'29'56" W L58 34 46' S 05°5439" E 09 864' c2Ca0 ,8 =60 28O8' S 02 09 3ti A _61 34.41 S 53'2359 ' j _62 66 60' S 12"35'25­,A;___J -63 3024' S , 5' 1, 124 "A' L64 30 f 0' S 14'51'24' E L65 49,45' S 30'36'56" E L66 31,40' S 33'44'33" E L67 65.95' S 25'57'56" E L68 72 55' S 15'52'18" E L69 2744' S 07-20149- W' L7C 20,69' S 45 10'43" W L71 51 58, S 32 45'51" W L72 36.47' S 02'19'30" E L73 19 54, S 08 50'53" IN 74 25 : ".' `` C8 :5'44" E L75 27.03' S 13°2902" E L.76 113.34' S 31'23'52" E L77 19.09, S 00' 17'56" E L78 60 96' S 14'06'53" W L79 5716' S11'55'16"E L80 5.56 S 08'07'37" W L81 21 AT N 39'20'13" W _82 47 08' N 86'08'0P' W L83 28A 6' S 53"19'46" W L84 36 92 S 76"07'57" W L85 4076 S 12'43'14' W L86 99 5 2' S 32 41'S2" W L87 44,65' S 01 29'S9" E L88 2 5'OS" c ! _o8.. 156.241 N 89°07'44" Vv L90 234.07' N 05'1815' E L91 252 08' N 06'23'45" W L92 150.60' N 07°2845" W L 93 175 63' N 01'14'15" E L94 30.02 S 89'09'40" W L95 176,82' S 01014'15" W L96 15260' S 07 2845" E L97 24872' S 06'23`45" E L98 233,33' S 05118115" W L99 143,39' N 89'07'44" W LIDO 11267' S 14'07'16" W L101 7729 S 11'25'16' W L102_ 125.08' S 27'06'16" Vt L103 34P N 89'2'26" W L104 15879' S 00"24'34" E L105 84.56' W Li o6 164 07' _S_00'59'34" S 06-32'41" W 1107 7.70' S 24,591.116, n' FINAL STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION iB 7S- P311 Summary of lots and allowable square footages of construction Lots Lot Area Residentiai units PAR ,Sc Ft I ot. Name 20 Acre F =atherino Parcel 0 Fathering Parcel F2 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot Lot 7 Lot 8 Lot 9 Lot 10 Lot 1' Lot 12 Ranch Manager RM Cultural I Area: Lo', -isheroe Tract Total Av� der Tra Nc =1 �G u3 Sp' AGRICULTURAL AND MAROON CREEK CONSERVATION EASEMENT LINE TABLE LWE LtNGTH BEARING LA34 S ' 3v LA35 9,48' N 06 33 04" E �LA36. 93.3T N 87 46'19" VV I LA37 103,69' S 45"52'51" W �LA38 81.79' S 81,18,191, W LA39 6233' S 67'50'31" W LA40 114,91' S 33'09'57" W LA41 23AT N88-11'29"W AL�44 101.76' N 64'05'13" E LA45 76,85' N 45'31'04" E LA46 105.40' N 28'21'08" E LA47 LA48 166,24' 62.83' N 83'01'54" E N 37'01'05' E LA49 176,97' N 18 09'09" W LA50 I57.71' S 89'20'28" W LA51 126.50'_- S 87"15'08" W LA52 16325'_ N 02'29'43" E LA53 14137' N 00'1154'W LA54 149,36` N 12'45'55" E {.�LA55 321 19' N 89'31'10" E I ;A56 48 3V S 00'04'41' E LA57 _ 96.71' S 90 00'0 _A58 78 33 I N 10'00'28" E -_N LA59 2099' -_ 90'00'00" W LA60 10081' N 16'1 O'l2" E LA61. 102,18' N15'03'57"W LA62 219 62' N 41 *28'13" E LA63 301,55` N 07'l546' E. LA64 245 10' N 13'46'24" W LA65 286.12' N 00'10'38" W LA91 j 25 6', , S 62,3459' E NGiCE ACCORDING TO COLORADO LAW YOU MUSTCOMMENCEAN. 1EGAL CT'ON BASED UPON AN' DE ECT:N THIS SURVEY WITHIN THREE EARS AFTER, YOU FIRST DISCOVER SUCH DE E N No EVENT MAY AN ACTON 3ASED UPON AN. DEFECT N THIS SURVEY BE COMMENCED MORE THAN. `.BARS ,RO*rA T DATE C� ., K - CAT:v\ S-i.CWti .: uN. LA105 62 55' N 02 41'39"W LA106 111 38 _..,.._ N 03'06'15" E LA107 142.68 N 06'43'55 E LA108 262,06' N 11'57`56" E LA109 154.02' N17'36'45"E.. LA111 I26.80' N 2D'26'37" E LA112 58.30, N 10'24'30' W LA113 10817 N201930"W LA114 134 00 N 26 16'00" E LA115 79 26' _- NOS 33.54' E _ LA116 87 17' N 04'2031" W LA117 227,31' N 23'51'33' W LAI18 118.70' N 21'52'37" W LAI 19 182.29' N 48`27'21' W LA120 209 16' N 27'53'13" W.. LA121 611.76' N 43'42'13" W LA122 97 24' N 45'16'05" W.. LA123 348 69' N 75'19'37' W AGRICULTURAL AND MAROON CREEK CONSERVATION EASEMENT CURVE TABLE CllRVE LENGTH RADIUS TANGENT CHORD BEARING DELTA CA2 70.23' 287.99 35.29' 70,06' N 00'35'26' E 13`5822" CA4 38A4' 100000' 19:07' 38. 4' N 08'40'10" E 2'11'07" CAS 51.03' 910.64 25.52' S1,03' S08`0924'W 31240" CA6 73.58' 745.24 36.82' 7355' N34'39'15"E 53924' CA7 24.21 25.W 13..15' 2327' N 6531317" E 55.28 39" CA10 6461' 1000.00, 32:32 64.60' SO4`32'42"E 3'42'O6" CAI? 1 79:44' 1 556.23' 1 39.79' 79 3T N 06"47'07" W 8'10'57" CA12 1 195 21' 1 800,00' 1 98,09' 1 194 73' S 03'53'11" E 13'58'51' A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 9 EXTERIOR BOUNDARY AND CONSERVATION EASEMENTS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE. COLORADO 81623 970" 704-031' KEY MAP f CURVE TABLE CURVE LENC-TH RADIUS TANGENT CHORD NG DELTA C1 179.45' 100fl.:00` 89:96, 17921.' 40"E jE 10`16'S3"C2 76,23' 40.00' 56.28' 65.21' 45"E 109`11`30"C3 233.57 400.00' 120.22' 230 2T 23" E 33'2T25` 09 LINE TABLE LINE LENGTH BEARING �* 178.00' N 60 10'52" W L2 228,21' S 88'59'33" W L3 156.94' S 89'08'18" W L4 144-94' S W56'55"' W L5 136.14' S 88'41'56" W L6 189,99, S 89'42'25" W L7 5.97' N 87'18'47" W L8 203.59' N 01'01'58" E -9 109:93' N O2 02'27" E -1 L10 62.14' N 00041353" W L11 13.40' N 02'29'43" E Li2 6 05, N 86'29'41" W L13 165 48' N 02'52'36" E L14 80.12' IN 18'16'57"W L15 57,52' N 00`34'07" E L16 105,85, N 12'39'27" E L17 6.88' 88"15'47" E L18 11473' _ _S N13'50'57'E L19 69 27' S 59'3409" E L20 50 03, S 07'1 r'09" E L21 44 53' S 21'18'17" E L22 32.00' S 05,31'10'' W' L23 45 00' S 10`32'00" E L24 42,24' S 25`2041" E L25 43 OT S 35'09'29" E L26 50.20' S 20'30'32" E L27 17 40' S 27'41'19" E L28 135 85' S 04'08'52" W L29 93.51' S 47'16'56" E L30 99 92' S 40'44'00" E L31 75.48' S 43'12'00" E L32 5 AZ S 26'40'59" E L33 82.66' S 29'29'19' E L34 78.16' S 44` 1 V50" E L35 104.72; S 70`00'04" E L36 27.37 S 50'38'15" E L37 56.82' S 01'l648" E L38 34.56, S 29`58'10" W 1_39 43:65, S 76'08'32" W L40 118,50' S 00'46'52" W 1,41 9153' S 24'5114" E L42 36.99' S 07"32'08" E L43 34.4 S 52'15'52'* E L44 79,45' S I l'19'08" E L45 160.49' S 40'07'51" E L46 92.23' N 82-3012" E L47 24.39' N66'41'51"E L48 170.52' S 12'48'00" E L49 83AU SGalt 11131W L50 34S3' S 07`05'08" E L51 45.24' S 00101132" W L52 72.69' S 18'54'49" E L53 75A I' S 10'5843" E 1-54 47.18' S 13'40'31" W L55 66.15' S 04'1T31" E L56 136,42' S 08`20'24" E L57 65:63' S 04`29S6" W' L58 34.46` S 05`5439" E _6-v 28 08' c n2'09'3 L61 34.4"=' S 53'23'59"'A L62 60.60, S IT35'25 L63 30,24' S 1:5"5'2_4' lv L64 30AT' S 14'51'24" E L65 49.45' S 30'36'56" E L66 31 AO' S 33`44'33" E L67 65,95' _ S 25'57'56" E L68 7255' S 15'52'18" E L69 27.44' S 07'20'49"W L70 20.69 S 45'10'43" W L71 51.58, S 32'4551" W L72 36.47' S 02'19'30" E L73 19.54' S 08`50,53" W L74 25.11' S 08"1544" E L75 27.03' S 13'20'02" E L76 113.34' S 31'2352" E L77 19,09 S OO'l T56" E L78 60.96, S 14'06'53" W L79 57.16' S 11'55'l6" E L80 5,56, S 08'007'37" W L81 21 AT N 39'20'13'W L82 47,08' N 86'08'02" W L83 28.16' S 53'19'46" W L84 36.92, S 76'07'57" W L85 40.76' S 12'43'14" W L86 99.52' S 32'41'52" W L87 44,65' S 01 `2959" E L88 63.49 a 20"15 0 89 _ -56.24' N 8 '07'4 L90 234,07' N 05`1815" E L91 252.08' N 06'2345" W L92 150.60' N 07'2845" W L93 175,63' N 01'14'15" E L94 30D2' S 89'09'40" W L95 176.82' S 01'14'15" W L96 152.60' S 07'28'45" E L97 248.72' S 06"2345" E L98 233.33' S 05'1815" W" L99 143.39' N 89'07'44" W 1_100 112 67' S 14'07'16' VV L101 7729 S 11'25'16 W L102 125.08' S 27'06116' W L103 3.41' N 89`20'26" W L104 158 79' S fl0, 2434" E L105 84 56 S 00'59'34" W LIN 164,07' SO6'32'41"W L107 7 70' S 24'S9'38" W GRAPHIC SCALE 200 0 100 200 400 40C 1 IN IN ( IN FEET j 1 inch = 200 ft. lll" Ii!i ��II�� lii i� II 11� ���: ��I�( ,� �� '2 FWAL PLAT OF: STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION Pas 2' ROAD OYL TREATMENT 6' OVER COMPACTED PED PATH 2% CUT/F/L4 OAX_ EXISTING SUBGRADE TO BE SCARIFIED TO 6" AND RECOMPACTED TO DENSITY OF SURROUNDING EARTH 6 SWALE 4" CIASS 6 AGGREGATE 81 MIN COVER SEE BEDDING DETAIL NOTCE: ACCORDING TO COLORADO LAW Y`Dkw MUST COMMENCE ANY _7GAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WTHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCh DEFECT. N NO EVENT MAY ANY ACTION 3ASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE T-liAN TEN EARS -ROM. THE DAE IF CER71RCATION S'HO'WN - ERFON. CURVE TABLE CURVE LENGTH. RADIUS TANGENT i CHORD j BEARING DELTA CS1 107,45' 204.27 55001' '06-22 N 29'59'36" A' 1 30-08'19" ROAD OYL TREATMENT OVER COMPACTED BASE 2% 2% i 1 37 MIN WARNING TAPE -_ Si --GRADE .(--LABEL "DOMESTIC WATER. GAS LINE — -12' WARNING TAPE LASEL"GAS" IUMIN EXISTING SEWER EDGE TO EDGE i LOCATION VARIES DOMESTIC WATER MAIN EE PLAN SEE PLAN FOR LINE SIZE AND LOCATION TYPICAL STAGE ROAD & UTILITY SECTION (NOTPERTIINENTT .0 STAGE ROAD SOUTH) SCALEr '1­5' SWALE CUTIFIL, MIN POWER CATV - 3'SCH 40 PVC QWEST TELEPHONE - 4" CONDUIT PULL BOX EVERY 400-5001 EMPTY CONDUIT FOR FUTURE FIBER OPTICS A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M, COUNTY OF PITKIN, STATE OF COLORADO SHEET 4 OF 9 EXTERIOR BOUNDARY DESCRIPTION AND EXISTING & PROPOSED EASEMENTS oto GRAPHIC SCALE i00 200 400 400 IN FEET 1 inch = 200 ft. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 N48'37l0!'W 3972.4C' KEY MAP 231033 09/16/C5 23O33P_AT.D-WG P) 5 FINAL PLAT OF: 7 STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION EASEMENT CURVE TABLE CURVE : LENGTH RADIUS TANGENT CHORD BEARING DELTA CE1 44.46' 485,50' 22.25 ''. 44 45' '.. S 88`30'36" E '.. 5'14'51" ' CE'a 28.20' 48550 S87`3..'02" E ''. 3='9'd2• ''. _. CElb 16.26 485.50 8.13' 16 26' N 89'49'33" E 1155109 ''. CE2 98.06, 5000.90' 49.03 9$ 06 N 88"8"6" E CE3 42.26' 2000.00 21 A 3 42.26 ''' S 88`20'53" Va •"2'39 CE4 126.9U 3000.00 63.46' 126 89' N 89150106" A 2-25'25` CE5 187.76' 140.291 10.96 '74 06 N 53'02'03" E 76'e1'08" CE6 66.81' 285 70' 33 56' 66 66, N 07'59'32" E 13"23'55" CE6a.__ 42.49 28570' 21.29 42 45' N 10'25'50" E 8.3119" E6e 24.32 285,70 ' 2 1 24.31 N 43153' E 4"52'36 CE7 1392U 121 21' 78.415 131 68` N 31 36 6' W 65 48'01 ` CES - 74 On' 100,001 38.8" 72 37' S 43 38" E 42`25'37' CE9 162.8T 130,00i 94.03 152.38 S 3`47'55" W 71'45'28 CEIC _. '02.73 48.00' 877 842` N11'38'00"'W 122'3716' E'' _ 99 01' 226 00' 503 98 22' S 60 23 38" E 25 06 OC" E12 49 07- ' 1 O 00' 24 9s 48 66' S 35 03 55" E 25 3325" E 1 3 49 39' 200.00' 24.821 49.26 N 29 2 42' V4 ' 4'08 57" .,E 4 126 245.46 64 46 24 69 N 13 •N 29 254^ . CE14a 497' 24546 5856 .?392 N 238-27-v4 382 265006' E14b '.' 24546' S 56 11 N 27 2 18"'h 2'3535' % CE 5 8' 46' 10&007 42.861 79.47 S 3 54 33' E 44 01 55 / CE16 71.94' 106 00, 37.42 710.5T N 6 28 57- 'A' 38'53'07" ^// CE16a 596' 106,003 2 98' 5.96 N 34 854' W 3.131W CE 6t 38.89' ' 06.00 19:66 38.67 N 22 1 - 43' V` 21'01'06' E16c 27.10' 10&001 13.621 27 C2 N 04 21 47" ,A 1438'46' CE17 - CE22 43.26' 43.5T 60.DC 45.00 223Z 23.6E 4233' 41 85 S174145'E N 60 1317" E 41 c18'42' 55'28'39 .'19 j CE23 80.6T 765.24' 40.37 80 63 N 34 2T45" E 6`02'24" o> CE24 28,112 88 80' 4.18 28 00' N 20 41 OC' `t' 18'08'36 ` E25 44 7C__ 160,29 Z50 44.56 N 43 0409' E �4, ,.E26 .,9 ., 78 4z- 31,3C1 58.14 ' N "5 .,' 25''ay. 43`�C G" '.. - � ' \R�\\`Af� 3g g''G 1 67 pu t;r CURVE TABLE CURVE LENGTH RADIUS TANGEN7 CHORD BEARING DELTA C' I 21.5 265.7U 10.78 21_54 N 03 3658" E 4'384T CL2 1:6.23' '01.21` 65,48 '09.95 N31"3526"V1 65`48O" _OT LINE TABLE LINE _ENGTH BEARING LL1 69.30- i S 89'4642" E LL2 49.99' j S 48'5128" E _,'_3 129.96` S 63'49'20" E _L4 y 97.75' S 80a9 58" E _L5 126.50 N 87 ; 5'08" E LL6 .14.77 S 89-5656" E ..1-7 84A9' N OC 00'00" E �L8 1 6.21 N 89 C ' E LL9 20.37' S 48 3345" E L10 ?4.95' S 17 55 "W L_11 79 26' S 053354 'A `2 - 8'! S2 cE S 4 26 8C' S 2 26"- :,5 45 N 80'46 24 .': 6 82 19' N 64 JC a A _ 7 84.97' : S 32 51 5g ',', ILL18 59.02' i N 53 1608 W LL19 47.28' NN 43 - . L2 106.84' N 33. 14 12 J4 21 106.38' N 41 3332 W - LL22 20.62 N 56'52'55"%11 ' LL23 1 39 90' N 70 ..V47 A, LL24 70.27' N 42 0314" Wu LL25 77,89' N 33 5923" W LL26 I 121.16' { N 24 0 44 ,N _L27 • .5S N 33 3 ,'.' - LL28 43.09' N 22 32 16 W LL29 51.55' N 68 21 03' W LL30 87.71' S36 4823'E �_31-� 18-70'- _ S215237 E j LL32 87 17' _ S 04 20 31 E LL33 _ 91 20' N 33 0720 E LL45 61.52' N 29-38 24 E Li46 17.79' S 56.17 57" E LL47 28.69 S 71 33 29" E L_ LL48 71.54' S 90 00'00" E LL49 5T71' S 02 0825" W LL50 42A9' S 47'20'30" E _L51: { 103.74' S 27022'06" E _52 105.8C - S 44 5544' E L53 - 96 9c S 34 :G2' E - _L54 1 73.91% S 55°24'54"vV _L55 i 61.86 S 35 47 32" E LL56LL56 90.75� N 73 413" E73 413" E F7 35441 N 86 00 7 'A' BUILDING ENVELOPE LINE TABLE LINE LENGTH BEARING LBt 127 51' S 58 42'09" E LB2 80.36 S i9 31102 W LB3 118.57' S 08 47 Ni LB4 132 80' N 54 a413"'JV LB5 86 i6' N 12 5612 E - LB6 101.57 N 13 5730" E _B7 145.35 c' .. 65 5408' E _BB 165.84` S 2 09 56 Av B.,G .. 448- N 64 5040 ati LB1a 63.48' N 19 4520' E B1? 9232' N320350"E B 2 sc ' N 68 39 r _ -BI3 G ,` B 6 44 B14 80' „2 E c _B�r - 234-7 ', .. 830 54..' • _818 105.40' S 28 21 08 W L819 40.46' S 45 31 04" W _820 69 34' 1 N 40 35 38 "A'L621 420,' - N 37 5649E LB22 63 9.1 N 19 2210 E LB23 ,19.82 N 10 1 - 20 A' L624 70.62 N 66 4746" E LB25 15.81` 1 N 82`2541" E LB26 149.SG S'80909"E LB27 ! 62.83' S 37 01 O5" 'A' L628 629 55,17: S 83"01 54- W 196,12' N 20-31 57" W i L830 7415 N 71 14'13" E LB31 32526' S 10'19'23" E I LB32 80 02' S 83 20 38" W LB33 309 32' N 09 0701 Vt LB34 21 21' N 90 0000 F LB35 .52,44' S 17 205. 'P LB36 8942' S 50 0422' "A' , L B37 1 62.41' N 66'36?7" W I I L638 79.29' N 05 02'24" E LB39 i 41,67' N544914"E _640 75.68` 1 N 06'53'16" E -OC.48` N 02 ffi 52' W 9 �� ,i �aS�ht�Nt � V CF F7, aZ �Rhi;#\N g 41NG T*ry Lta 'v0 tCE ACCORDING TO COLORADO AW YOv MUST COMMNCE ANY LEGAL ACTION BASED UPON ANY DEFECT N THIS SURVEY 'W, THIN THREE YEARS AF`ER 7.RST D:SCC✓ER S N NC- EVEN 7Av ANY AvTON BASED .,PON ANY DFFEGT N 'HIS SURVEY BE COMMENCE- MORE tiAN TEN "EARS FROM 7HE _a`E O- C R. :Cn.1?ON S1-OWN -HEREON. A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIIN, STATE OF COLORADO SHEET 5 OF 9 SITE PLAN,INTERIOR LOTS AND EASEMENTS 31' r 1 3v i Obi �qL �G s��LE GRAPHIC -�}p �T�7p7 � 77 �s ll2il�llii� �ti✓�L1= 'g0 0 50 100 200 40G FEET _non - OG ft 19) E2s 3o 52 a3 kga acre' FE �fl a I / 1. a Oa 214b EVO �385-G /gilyplNG �N� �"� �m /Sv,VOi � 1 610 c LSi, \ `\ L68 - m g�%.�C° 298,95. S21'09'56"W 624.39' `1a3 L!02 ,"0" CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 179:45' 1000.00' 8996' 179.21' N:27'38'40"W' 70'16'S3". 2 7&2& 40-00' ' 714"C3 65 2' 565`07'45' E 109`91'3# " 23157' 400.00' 120.22' 230 27' S 03"311'23" E 33-2725° LEGEND indicates Agricultural Conservation. Easement 1=,� \� /' / • / nc Gates Maroon Creek Canyon Conservation Easement in ..gates Fathering Paree! Agr culterat Easeme \; \ N �saa°a6'25 `3 , s{Rye. �818 }: \� � / � '� "-.:•�� �! �- , ..�': to S ...: .......... ....... .., .....,. ........ �- R a o � v a i Al F O a •a 01 3 ti 0 e t C t \ Ott V4O N, i .�G��iANOil SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 764-03? I-'Z'5 2 R 9..00 D 0.00 0y - KEY MAP LINE TABLE _ LINE LENGTH BEARING .._ - 78.00' N 60'10'52" W' L2 228.21' S 88'59 33" W L3 156.94 S 89'0818" W L55 66A 51 S 04'17'31" E L56 136 42' S 08'20'24" E L57 65 63 S 04'29`56" W L58 34.46' S 05'S4'39' E 88 41' S 2050'18" W 28 08' S 02'09'35"W 34 41' S 53"2359" W OL59 60.60' S 123525"W 30 24' S 15'1 V24" W 30 10' S 14'51'24"E 49 45' S 30'36 56" E I_66 31,401 S 33'4433" E L67 65,95' S 25'5756" E L68 7Z55' S 1,5'52'18"E L69 27.44' S 07`20'49" W L70 20.69' S 45'10'43" W L71 51 5$, S 3245'51" W L72 36,47' S 02'19'30" E L73 19.54 S 08'50'53' W L74 25 11' S 08`1644" E L75 27 03' S 13'20'02' E L76 1.13.34' S 31'23'52' E L77 19,09, S 00`17'56" E L78 60.96' S 14 0653" W L79 57.16' S 11 55'16" E 1-80 5.56' S 08`07'37" W L8? 23 47' N 39'20'13" W L 82 47 08' N 86`08'02' W L83 28 16' S 53'1946" W L84 36 92' S 76"C7'5T lx' L85 40,76' S 12'43'14" W L86 99.52' S 32-41'52" W L 7 44 65' S 01'2959' E U88 63,49' S 20'15'05" E L89 156 24' N WOT44" W L90 234,07' N 05018115" E L91 252.08' N 06'2345 W L92 30.5C' N 7`284 v' 193 7 63: V 01,'"4 F c -94 30.02' S 89'09'40 ` A" -95 '76.82: S 01'!4'15" W _96 '5260' a0. 2$45"E L97 248 72' S 06'2345' E L98 233.33' S 05`1 F15- W L99 143 39' N 89'07'44' W L100 112,67' S .4'07' 6' W U101 772r4 S,1-25'16"W L102 125 08' S 27'06'16" W L103 3.41' N 89'20'26" W L104 15879' S QO'2434" E L105 84 56' S 00"59'34" W L106 164.07' S 06`3Z4 t' W 23C33 08/16,/05 23C33PL.= DWG i g7s DETAIL SCALE "'=13C LS NG` EFE 57.99 ti14 4 Er -Bh1LD1NC ENVELOPE LB33'+. \0"' ACCORDING O COLORADO :LAW YOU MUST COMMENCE AN L GA-_ aC"+Oh BASED UPON AN" DE_C _N THIS SURVEY >"1.THIN THREE "EARS ER YOU FIRSTDISCOVER SUCH DEFECT- N NO EVENT MAY N' AC -ON BASED UPON ANY DEFECT N THIS SURVEY 9E COMMENCED MORE T.HAti EN _ARS ' ` 0M "' _ DATE- .. R CA70N SI CWN -i R_Oh. A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M COUNTY OF PITKIN, STATE OF COLORADO SHEET 6 OF 9 SITE PLAN,INTERIOR LOTS AND EASEMENTS af,c t+s W 24� ^ve LOT PM 7.774 sq �.178 acres ACCESS EASEMENT 42" . - `OR THE BENEFIT O. 3 -20�, 7/ 26s".94' 2G ACRE ?ARCED_ 44'3n„r 7` LOT O 87.' 58 sQ t. 2.00' acres LEGEND 7 `,-777 Indicates Aa aura Corse. 1 or Easemen` e ,nica,-es Fathering pa cel Agr=llbuml Easeme- z GRAPHIC SCALE 'a. a 50 500 200 4w ( Ilv FEET ) 1 inch = 100 ft SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 Qe 20 ACRE PARCEL 940.367 sc rt. 21.588 acres 21 VVIDE UTiLITY EASEMENT TO BE CENT R D OVER ALIGNMENT OF . X STINC ' 'y LINE Oe Q� rV:i2o� _4�9 �a L 28 ._._.. - _. EASEMENT CURVE TABLE _.. _... .._. CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA -' CE1 44 46 - 485.50' 22:26 44AF S 88'30 36" E 5"14'51" CE2 98 06 5000 00 49 03' 98.06 N 88'18 16' E 1 OT25" CE3 42.26 ',. 200fl 00' 21 13' 42.26 _ S 88'20'53" V4 1 ? 2'39" CE4 126.90' 300000' 63 46' 126.89' N 89'50'06" W 2'25'25" CE5 _ 187.76 14029 11096 174.06' N53`02'03' E 76"41'08" CE6 66 v 285 70' 33 56 66.66' N 07"59'32" E 13'2355" CE6a 42.49 _ 285 70' 21.29 42.45' N 10"25'50" E 8`31'19" CE6b 2432 28570 1217 24.31' .N 63-43 o3 e 45e 3o` CET -39 2C' 2 2 'a 4 63'_... N 3-3626' ,A` CE8 74 05 _._ 100.00 38.8V 72 37 S 43'17 38" E 42 25'37" 162.81 130.00 94 03' 152.38' _.. S 13'47'55" W 71 "4528" _CE9 CE10 10273' _._48 OU _ 877" 84.21'.. N 11`38'00"W .. 122`3716" CEN _ 99 01' 226 00' 5031 98.22' _ S 60'23'38" E 25"06'00" CE12 49 CT _' 0 00' ''. 24 95' 48.66' S 35'0355" E 25`33'25" CE13 49 39' 200 00' 24.82' 49.26' N 29'21'42" VU 14`0&57" -' CE15 8" 46 106,00 - 42 86 79AT S 13'54'33' E 44'01'55" CE15 - 71 94' 10600 37,42' 70.57' N 1628'57' W 38'53'07" CE15a 5 96' 10 OU 2 98' 5.96 N 34'18'54' W 3'13'14" CE15b 3889 10609 19.66 386T N22-11'43"W 21'0106" CE15c _ 27 10' 106 00' 13.62' 27 02' N 04'2V47- W 14`38'46" CE16 4326 -�60.00' 22.62' 42.33' _. S 17'4145" E 41`18'42' CE22 . 43.57 45 OC 23 66 41.89 N 65' 13 ? 7 E - 55'28'39' CE23 _ 80 6T 76524' _ 40.37' 80.63' N 34'27'45" E 6'02'24" CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA 265.701 0 78' 21 54' N 03`36`58' E 5 3847' 1-0 < 2' 05.4$' `09 95' N 3"36'20' W 65 48'0"' CURVE TABLE CURVE LENGTH RADIUS TANGENT!. CHORD. BEARING. DELTA C1 179 45' 'DOD 00' 89 96' 179.21' S 27`3840' E 10'16'53" C2 76 23' 40.00' 5628' 65.21' 1 S 65`0745` E 109'1 V30" C3 233.5Z 400 001 120 22' 230,27' 1 S 03'31'23" E 33'27'25" ;III ! I �!I i'� ICI;Jill869II I IIIJI I. !I I ,II I� II�II Ill i_ L27 L23 LINE TABLE LENGTH BEARING 228.21' S 88'59'33" W ELINE 156,94' S 89'08'18" W' 144i94' S 88'56'55"W 136.14' S 88'41'56" W L6 189.99, S 89'42'25" W L7 59T N87'1847"W L8 203.59' N 01 `01'58" E i-9 109 93' N 02'02'27" E v10 62.14' N 00'41'53" W L12 1340' N 02`29'43" E 6 05' N 86'29'41"W LI3 165.48' N 02`52`36" E L14 80.12' v 18' 16'57" W L15 5T52' N 00'34'07" E L16 105 85' N 12'39'27, E _17 6,86' S88'1547"E t ,8 - 114 73' i N 13 5C'57" .E 69.27` S 59'34'09" E L2' 44.53' S 2118" 7" E L22 32.00' S053i'S 0"7 L23 45 00' S 10"32'00" E L24 4224' S 25'20'41" E 25 43 07' S 35'09'29" E L26 50.29 S 20'30'32" E L27 17 40' S 27'41'19" L28 135,85, S 04'08'52" W L29 93.51' S 47' 16'5E" E L30 99.92' S 40'44'00" E L31 75.48' S 43`1 ZOO" E L32 51.42' S 26'40'59" E L33 82.66' S 29'2919' E L34 78.16' S 44 11'50" E L35 104.72' S 70`00'04" E L36 27.3T S 50'38'15" E L37 56.82' S 01' 16'48" E L38 34 56' S 29'58'10" W L39 43 65' S 76'08'32" W 440 118.50' S OW46'52" W L41 92.53' S 24'51'14" E L42 36.99' S 07'32'08" E L43 34,18' S 52'15'52" E L44 79.45' S 11 "19'08" E L45 161149' S 40'07'51" E L46 92.2S N 82-30'12- E 1 L47 24; 39: N 66 41 51" E F--_48 170521 S 124810011E L49 83.10' S 06 11 13 W L50 34.83' S 07'05'08" E L51 45.24' S OW01'32" W L52 72.69' S 18'54'49" E L53 75AV S 10*58'43" E L54 47.18' S 13'40'31" W L55 66.15' S 04'17'31" E L56 136.42' S.08'20'24" E L57 65,63' S 04"29'56" W L58 34,46' S 05'5439" E L59 88.41' S20'50'18'W L60 28 08' S 02°09'35' W L61 34AV S 53'23'59" W L62 60.60'' 35' S I2'25" W L63. 30 24' S 15'11'24" W. L64.... 30 10` S 14'51'24' E L65 49 45' S 30`3656" E KEY MAP 23033 09/16fC5 23O33P_A..DIIV-, FINALi STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVI SION SEE DETAIL THIS SHEET EASEMENT CURVE TABLE CURVE ''. LENGTH RADIUS TANGENT CHORD BEARING DELTA CE` 4446 485.50; 22.25' 44.45' S 88'30'36" E 5'14'51' GE-2 98;06` 5000.00` 49:03 9806` N 88'18'16" E 1'0T25' ' CE3 _' 42.26' 2000 00' 21.13' 4226' S 88`20'53' 1N 1'12'30' CE4 126.90' 3000.00' 63 46' ' 26.89 N 89`50'06' 'A _' 2'25'25' CE5 _' 187.76 140.29' 110.96 174.0E N 53`0203" E.. 76'4VO8" DES 66 8.1' 285.70'.. -33S56 66.66 N 07'59'32` E I 23'1' CE6a _ 42.493 285.70' 2129' 42A& N 10`25'50" E 8'3119" CE6b 24.32' 285-70' 12.1T 2431 N 03'43'53' E 4`52'39' CE7 '39.20' - 121.2! 78AI; 131.68 N 31"36`26"VV' 65'48'01' ' - CE8 74.35' _ 10000' 38 81- 72.37 S 43`17'38" E 42'25'37" CE9 162.81' 13&:00" 94:03` 52.381 S:3`4T55"6ti'- 71'45'28' CE9a 644E-- 130.00' 32SV 63.80' S 07°52'30" E _ 2$'24'39' _ CE9b 25.99' 130_00' 13,04" 25.94' S'2=03'25" VV 11'2711' CE9c 72 36' 130-00' 37A& 71.43' _ -S 33 43'50" W 31'53'38' CE 10 ''.. 102.731 48.004 87.7V 84.2' N I 1 38'00' Vv 122'37'16' CE11 99.011- 226:00' 50.31` 98;22 S 60`23'38" E- 25`0600" _ CE12 49 07; 110,00! 24.95' 48.6E S 35'03'55" E 25'33`25' CE13 49.39 200,00' 24.82' 49.26 N 29"21'42" VV 1:4 W57" - CE15 81 A6' - '06.09 42.86' 79.47' TS 13'54'33" E 44`01 55" CE15 71.94' 106,00' 37.42' 70.57 N 16'28'57" W 38'53'07' _.3'13„4' Ct15a 5.96 06.00' 298' 5.96' N-34 I854 `r'v ---21'01106" CE15b 3&89' - - 106.00' 19E6 38.67 N22 1'43"W --- CE15c 27.101 1 MOU 13.62 27.02 N 04-21'47' W 14'3846' .._11 CE'^e '.. 43.26'..-. 60.100' 2262 42.33' S 17`41'45" E 18'42' - CE22 43.57' -... 45.00' 23.66' 41.89' N 65 3.7" E- 55'28'39" '.. - CE23 8067' - _ 765.24' 40.37' 80:6T N 34'2T45" E 6`02'24" CURVE TABLE I CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA CL1 2'..58 2fi570' 10.78` 2154' I N 03'36'58" E 4'38'a7" CL2 '16.237 10i.21' 65.48 W'09,95' ( N3'"36`26"'N j 65'48'0" CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 179.45' 1000.00' 89:96` 179.21' S 27`38'46" E 10'16'53" C2 76.23' 40.00' S6.2$' 65.21' S 65°0T45" E 109'11'30" C3 233.5T 400.00' 120.22, 230.2T S 03-31'23" E 33'27'25" LOT LINE TABLE LANE LENGTH BEARING LL1 "n9.30, S 89'4642" E LL2 49.99' S 48'51'28" E LL31 < 96' S 63`49'20" E LL4 9T75' S 80'49'58" E iI Li 126.50' N 87'15'08" E LL6 114,77' S 89'56'56" E LL7 48.31' N 00'04'41" W LL8 30.77' N 24'05'38" E L1-9 76.84' S 892656" E LL10 20.99' N 00`00'00" E LL11 79 26 S 05'33'54" W LL12 108.1T S 20`19'30" E LL13 58.30' S 10'24'30" E LL':4 126.80' S 20°26'37 VL` I LL15 56.0" N 80'46'24" W LL16 i 68.20' N 64`30'26" W LL17 j 83AT S 32`51'59' Vti LLiBl 59 02 N 53'16108 ,V LL19 47.28' N 43"03'43 VV LL20 106.84' N 33'14'12 W LL21 106.38' N 41'33'32 N LL22 20.62' N 56'52'55' W LL23 39.90, h70'11'47'W LL24 70.2T N 470314" W '-. LL25 77 89' N 33'59'23' W " t _126 121 16 N 24'01'44' W LL27 76 53 N 29'33'36" W LL28 43.09 N 22'32'16. W LL29 51.55' N6$'2'03'VV L'30 87.71' S 36'48'23" E _L31 118 7U S 21' 52 37' E LL32 87AT S 04`20'31" E LL33 _ 91 20' N 33`07'20" E LL34 25,61, S 62"34'59" E L. 35 S 72`2031 E LL36 57` S 85°21'46' € LL37 19.71' N 90'00'.0' E LL38 1993' S 81'31'32 E ' LL39 23 91' S 88'S9'40 E LL40 24.76' N 88. LL41 26.69` N 81 `52'00" E LF L42 25,84' N 76 51'39" E I -L43- 19 41 N 82 33'56" E� LL44 6.69` N 67'3642' E ACCORDING 7C CO ORADO _A b YC MUST COMMENCE ANY • =GA'_ AC ION 3ASED UPON ANY DE CT N 'IrIS SURVEY 'M HIN THREE YEARS A= RYOU FIRS DISCOVER SUCH DEFECT. N NO EVENT MAY ANY A TON 3ASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN ."EARS _ROM -t3E DATE OF '-R CATDN „MOWN HEREON. A PARCEL OF LAND SITUATE IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO 'Hf=I=T 7 nF A SITE PLAN, INTERIOR LOTS AND EASEMENTS <6c BUILDiNG ENVELOPE j 3.256 acres 60 _ I c `Suc D B„tiNG EtjtV't_vPc Q.,2273 N k 95.-3' L52 - - - - V GRAPHIC SCALE 100 0 50 100 200 400 t t IN FEET } 1 inch = 100 ft. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORAD+O 81623 107n} 7n -nlI I T � T cGEND \., �\ \T�\ \� nr 2 2S 1 r _. =.52-:ar - Ease=me-t \1\ indicates Maroon. Creex Canyon Conservation. Easement indicates Fathering Parcel Agricuiturai Easement FISHER PERSON'S TRACT 2,928 -ft 0.067 acres Itt II _Illt 'III �� tI '' KEY .MAP 23C33 .,9t"�EfGS 23G33PLA.D%VC jj� 1II1I i n�GRz 1. 7820 9191 Tao 4£8L RM — ; 7W Al opt m p6yy �i � uy yss= .q� f m� j may' ri v my 0 / f t / \ A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO SHEET 8 OF 9 VIEW LINES LOTS 7 THROUGH 11 yeti' oyyy / z cs` o°yu tY y' o yyy 4 ,L O / b to 4y 223u6' yyy� oyav / b S� \ v , S as \ A 563,e w V / �Ci� / a�00 yss I... \ A23 25 �ys09` N72=571z„� G/ 703c8 .1$3p•LA / \ \ ss sL ` / f �9L 9L ` d 4 y .... O � -, 1 3'� / r. C-u S�0941 , 7775 as .,ylY 1 i ALL sz 'CULL ozbL 1705 sla o,Lt- g99t- .fY�ytk Ate:.- \ eV f\ 7685 _ 59 IW W Q W U UI Z WI Too Cs.fl_ / 7785 �0 0I \ 7710 nrs a a, s 7725 7720.. m m aj GRAPHIC SCALE too 0 50 '00 200 400 770 _a ( IN FEET ) 1 inch — 100 ft. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 ' -- ACCORDING COLORADO LAY YOU MUS i COMMEN'CE AN: -EGA_ CARBONDALE, COLORADO 81623 A, - BASED UPON ANY DEPEC N: N 'S SURVEY '#T N 'HIRE_ YEARS A q F cR 10t, MRSDISCOVER SUC1- DEFECT. N NO EVEN` MAY AN � ACTION �(���� 704-031 I BASED UPON AN. DEFECT 'N THIS SJRVE BE COMMENCED MORE -.AN `Eti "EARS -'ROM `r'_ '-a:E 07 CER . --A'CN SHOWN EREON / z z,+ c�, 31 dal g: m v,' ` 1^ \n M M C „ =0 2-X 3-cc LOT 7 VIEW LINE SCALE 7801 7701 ,u DATUM ELEV 7640-OC 790 180 DATUMM LEV -'65C n W W Q om I 0 0 a a � � o Y Y a¢ 1 -3, g—... 828 'I — / z zz / , / Z Z on W m, m: 1 .oi ml I i � "00 2-oc 3=00 4+00 LOT 10 VIEW LINE SCA�E :°=60' U 0 O C Y Y a Z Z I ( I G LJ: / a' a1 z z z' o '> Z z I 1 5) mi mJ alb 6 q o, v uu '+00 2+-00 3+00.. LOT 8 VIEW LINE SCALE 1'=60' 790 780 770 DATUM ELEV 7655.00 Ir rl U ' icz z n ' z z m m)In � '$52, I \pry uj w J W / / ua z ut z O m � m 0 � my dam' mco 9^ `93N � 0+0@ '+00 2+00 3+00 LOT 9 VIEW LINE SCALE I'=6e` 23033 09/'6/09- 23033PL ..O±JO EXHIBIT e® STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION 15 75 F1 410 Index of Landscaping Species -- A PARCEL OF LAND SITUATED IN SECTION 2 AND 11 , ��. _ TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M_ A _ z COUNTY OF PITKIN, STATE OF COLORADO SHEET 9 OF 9 Landscape, Seed Mixes, and Snow Storage 22 I i I P � r. n_ _ Osl x � IF � F r � I 1 Y - H t A ' �gp � g { _ { w igg i yt 4 6 h t I. yx t I. I 1 I I: a I NC-'CE: ACCORDING 0 COLORADO Alk YOU MUD COMMENCE AN EGA_ 'OnON BASED JQON ANY DEFECT 1JN HIS SURVEY WTHIN 7HREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. N NO EVENT MAY ANY A=N BASED UPON ANY DEFECT IN :HIS SURVEY BE COMMENCED MORE :.A TEN "EARS -ROM D CF .._R .:MCA ON SHCIA EREOti. 0 Legend Landscape Area Snow Storage Areas NOTE THE SEEDING PROTOCOL FOR DISTURBED AREAS INCLUDES SIX (6) INCHES OF TOP SOIL, HAND BROADCASTING OF SEED, RAKING OF SEED INTO SOIL, AND MULCH COVER WITH WEED -FREE STRAW. Bar X Ranch, LLC JOHN LIFTON P.O. BOX 997 TELLURIDE, CO 81435 `970, 728-5353 I K S Seed Mix for restoring disturbed areas i.ls. A—, as PRIG CoJnry M x Seeding Rate. 0 5 to 1,0 lbs 1 000 sq.ft. 25 /_ Slender Wheatgrass 20 % Mosrt—Bronse 20 /- Weeterr Wheatgras. 20 lc Seca, Blveburlc` _� TueksOke Wheatg?ass 5 Idaho Fescue 0 r Green Needle 5. % tndsarPkaegSsls ILI 4�x GRAPHIC SCALE 200 3 100 200 ?DO 800 ( IN FEET ) inch = 200 ft. A BOTANICAL NAME COMMON NAME QTT. SIZE GERCOC4RPU5140-_—US LA3JN7AN+3AHOGAN' 12 s5 .,YRYS OTPAMN NALSEOS.S R5B13RVSt+ 2 f� 41 R SCCtu'c,y RC K MO �v AN \IR 6 88 IC A PNGEN osE`-5 R 2 B&„ Nl. PRISTA, aPAr-ECoSE P iNEa ESE ---------- ANUS HEWSlN04 I IINE 6 6 1&u ,H{ s RI uBA.P. r-RE-ie„F >vMF., _. Zi .._-. B BOTANICAL NAME _. COMMON NAME QTT SIZE AME N ERA i V A SAS" \ E 3 RP` Z 5 G NG N - R,- - R 3&B NSARSAA -... 3RS E \ N I8-S ' _u:CsK 1 A: SJV1, GS ✓IOC➢., fU00S RISE 2.. C BOTANICAL NAME COMMON NAME QTT SIZE _RA; F^J?. SA..K "--RNUs co,_o APhSE C33RADC DG3WGC_ 3E 4 538B RiA E LS OC L:4 S_w �h NP 'VE A `^ o" 5 h P d&3 JNF R S C 'I_^R K M1^.\ NJ N 2 C ..J 3& -EA IJNGENS OLOARX R a 2 S&e ... NJ N3, R_SA OND -SA -R,E 2 a iE SSE - r0 J S v1C.,_'i-C_<'. NARR. N, EA .,� �N,..,.,_ 35 2 212 "-ER E� V BOTANICAL NAME COMMON NAME a-, SIZE to i MHI A NUJ -A 5 S4 OGiv Ryo ,r - 56 3� =Ct d.GEIS O)_5AA1"'C R ICT2 5 &B 'C LJ AN .,S sFO A NAR MLEA OG CN 1 E9 2 2' RE'"ER _. R NUS VIRGiuGNA NE_ L.,.,44,?. \ J Yrc K - »<5 6 9&- RCS WOODS t GC 5 RG"a 4 A Y.A 3A V ,,-'NA GGLIEL Ar 4 3 2 CAk PER A,XE1*JA 4 G h:L_.,A. 2_ AS E BOTANICAL NAM£ COMMON NAME QTY SIZE Qv 2 -AMIE}. KCRj§0. x & 3 N -.. 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A\ y K BOTANICAL NAME COMMON N"e QTT SIZE A -W R.,.. 38 C JS RE4A�LGJ S hS V '2".A,.--R PRJN S J Kr "INA WIN CRC{ _RERR`" L BOTANICAL NAME COMMON NAM£ QTT SIZE \,ME.AN^ ER N C­ TE&B RCEA NGENS GRAEA S R d8 .A ON OuD Z 7- ROSA ROODS .1C=S ROSE_ p� M BOTANICAL NAME COMMON NAME QTY. SIZE CRn 0 ,D N S C„✓r_Fl KA-E 1A: RN 38^ _,NP,ERuR S "J ,AR.AY ROCK. MOJN AM1 JUN PER 6 .3 PICEA ONG..\S .,CL..RAGO SFR..GE B 12 B&d _ POPVLJS AfiGuS�iFG F 'IARRO1111 ERE CO"TONN QA 3 2-212'-CAURE< POPU_JS'REMvLGIDES AS?EM1e 2""21i'"_P--. - .c !2VERC�S LAMB_ I S.,R IB OAK 3 > 38B N BOTANICAL NAM£ COMMON NAME QTT. SiZE AM{ IGNC4IERA"311FOA SA KATO0N A E RV i C5 3,� 8 5' -5 RSB C'RATcAGU_ a C-JNiF JSav IE - J'JNP RS &,.OPWiOR..M RGCKY MIA NT IV 3&d— P CEA PJNGENS _ COLCRA00 S RIUCE 6 5 -'z' 88E PINJS PONDEROSA FCN,RCSA PINE a dB:&B -- j,S AuGUSE 2.2'2": a^"1PLJ- .?EFPC Fv J{us iR vuLC;cEs _..._ ,15F-F _.. 28 Z'Z'cA PER ROSA.00 Sli .. __ .h.,O.,S RCS•_. xc _. 0 BOTANICAL NAME COMMON NAME QTT SIZE AM A\C Ei -N 1, A KA CM1 SLR BEREY 2 B&3 _,Nl R_s SwPi,aRuy RGCK4MouNA N J,AN3ER 2 B&B PI A N ENS .0 RACSKRUC 817, 388 =1VC OPLE CSA NDERCSA P \E 5 11 B&B "PjIGI TR NAO GES S N 2 P'' -.. RdE A PIN M NP wRR N ROaAP,OCDS= NOCDS ROSE_— P BOTANICAL NAME .,,._ COMMON NAME OTY. SIZE AM I\HHI RA_NFG < _AS3AP'ON ERV E RR _ 8'd&d -INIPEPUS S o u GRIN R CK 1MJN F A JN R 2 ERB ?CEA I,M1GEIS GRACE, PRJc d 2R8�R ..us WEIR,` JSTRIAN N 6 a 0 686 P P F ws Ah S.F A w,RR ,'L A u., .AS.,w 6 2 2,2' C cK _a IRUN IR N{ANA a 2' \A �CH.A<_;S_RrcY h 6B88JS .�. CUERC.S GAMBEI.,I SCRUS OAK 3&5 RCSP +M1OO.+SI M,DPw 12 S a5 Q BOTANICAL NAME COMMON NAME QTT SIZE AV v NC4ER INF0,1A S SKA CGNS ViCEBE`RRY m 3 B83 ac Ol VS- RRUJS s8a R G S RL 383 lop Ar_NC 'MR ? \+OTC�E 2 2< -`R PRJNUS VRC hAN- Nia'Iv RCKEIEIE`A _ 5B&B _. SAJ OTE L;_LC'A' .,.,XEWGLA RSOTANICAL NAME COMMON NAME QTT-SIZE ,SAGE N -t ER ALNI C aA sAsKAT0cN5 RVIC ­Ev 3&a CGRNJS G .,RAGENSt OLGRAG^ 30 WO " ES -P1^v" JNGENS --OLORA]^ PRUC B '23a8 PC,US,.NGUS-1-.A„? KARROSE-aAFOTOnrr a2a 22'2.,A_r-, PRN�S,RGNG— W, CH K C.=RRv a Ell "6R&B SA_IX EXI6JA w"C e.ry LAW �+ S SOTANICAL NAME COMMON NAME QTT. SIZE AME�NC1 lER ALN FCUA, SASK<.TOON'ERV EBERR oB&e CORNJS COLDRAiDFNSE CO::ORAGG DOGNCCD ...'_- s BSB _A, NCENS .RA['.. slajcLa '23sd JL AVGJS �C��. _ NARROWL =ONA-003 is 2 2 12 R NUS VRGUNIANA, NA VE CH { HERRY a3&3 SAUA KCUA .A.. O ±.M11 _O„ #a 23C3 ,`e6J05 2:033 _A_.DWG R v Qc Exhibit 11 Recording Requested By, And When Recorded Mail To: Herbert S. Klein, Esq.. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 PUD CONTROL DOCUMENT, DEVELOPMENT AND VESTED RIGHTS AGREEMENT: STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION This document is a component of the Final Approval of the Stage Road PUD/Subdivision, 2005 �� 1III 11111111111 1111 1111111II 89� 1225 2:58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 0 0.00 This page intentionally left blank z PUD Control Document, Development and Vested Rights Agreement: I III !��111111��11 111111111 11111 III10/07/2005Page: 226 12:58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 PUD CONTROL DOCUMENT, DEVELOPMENT AND VESTED RIGHTS AGREEMENT: STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION THIS AGREEMENT is made and entered into this 2-t44, day of �G '��- , 2005, by and between Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611, (hereinafter "Developer"), and the City of Aspen, a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereinafter "City"). WITNESSETH: WHEREAS, Developer is the owner and developer of certain real property located within the City, known as the Stage Road /Planned Unit Development/ Subdivision ("Stage Road PUD"), as approved and more particularly described in the City's ordinance granting final plat and PUD approval, known as Ordinance No. 6, Series of 2005 (the "Ordinance'); and WHEREAS, Developer has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") pursuant to the Title 26, Land Use Regulations of the Aspen Municipal Code (the "Code"); and WHEREAS, the City granted its approval for the Final Plat for Stage Road PUD/ Subdivision (hereinafter the 'Plat') recorded as Reception No.S/S 6 in the Pitkin County records; and WHEREAS, the City has fully considered the Application and the Plat, the proposed develop- ment and improvement of Stage Road PUD contained therein, and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and prop- erty owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Developer is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Application and the Plat; and WHEREAS, City and Developer have previously entered into a Pre -Annexation Agreement and certain amendments thereto, the last and final version of which is known as the Fourth Amended and Restated Pre -Annexation Agreement Bar/X Ranch which is attached hereto and incorporated herein by this reference as Exhibit PAG-1 (the `Pre -Annexation Agree- ment') for the Stage Road Subdivision / PUD (formerly known as the Bar/X Ranch); and WHEREAS, the Pre -Annexation Agreement, the Ordinance and the provisions of this Planned Unit Development Control Document, Development and Vested Rights Agreement (the "Con- trol Document' or "Agreement') and related approvals for Stage Road PUD provide for the Stage Road Planned Unit Development/Subdivision 5 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII Page: 4 0//07/ 0 ©226 12:58; 1 0 conveyance by Developer of certain real property within Stage Road PUD to the City for use as an affordable housing project, which, together with certain other adjacent property owned by the City, is known as `Burlingame Ranch." In connection with such approvals and con- veyances, Developer has reserved certain rights and has been granted certain rights by the City, which the City agrees Developer shall have the right to exercise and the parties wish to memorialize their agreements with respect thereto; and WHEREAS, Developer and the City have made certain other agreements in connection with the development of Stage Road PUD, some of which are set forth herein; and WHEREAS, the Plat and related documents evidencing the final approval of the Stage Road PUD/Subdivision constitute a site specific development plan under the provisions of the Code, Section 26.308.010, et seq. and § 24-68-101, at seq., C.R.S.; and WHEREAS, the City has determined that, taking into consideration the size of the develop- ment, market conditions, the investment in infrastructure made by the Developer and eco- nomic cycles, it is in the public interest that the duration of vested rights be extended for a total of twenty-five (25) years. NOW, THEREFORE, in consideration of the conveyance of real property by Developer to the City, and the undertakings of the parties as set forth herein and in the Plat, the Ordinance and this Control Document, the sufficiency of said consideration being hereby acknowledged, the parties agree as follows: ARTICLE ONE: General Provisions, Definitions and Purposes 1.1 The Property The land area (the "Property") within the City of Aspen submitted to this Final Development Plan and designated a Planned Unit Development is more particularly described as set forth on Exhibit A, attached hereto and incorporated herein by this reference. The Property is sub- divided as set forth on the Plat. 1.2 The Development Plan The Development Plan for Stage Road PUD/Subdivision is intended to promote the benefi- cial and creative development of the Property through the use of the Planned Unit Develop- ment process. The Development Plan is designed to promote the preservation of agricultural lands, the conservation of environmentally sensitive areas, the compatible development of residential lots and to allow for uses which the community deems important to its cultural and academic vitality. In addition, as provided for herein, the conveyance to the City by Developer of an approximately twenty-one and one-half (21.5) acre parcel of land (the "20 Acre Parcel") for creation of Burlingame Ranch will significantly assist the City in its goal of providing af- fordable housing; all of the foregoing being consistent with the Aspen Area Community Plan and the Code. 1.2.1 Development Plan defined As used herein, the term "Development Plan" means the Final Development Plan for Stage Road PUD/Subdivision consisting of Ordinance No. 6, Series of 2005; Development ----- ------ - ... - PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111 1 Page: 5 0/07//2000©226 012 -58; Order issued therefore, this Control Document and all Exhibits hereto; the Plat; the Pre - Annexation Agreement, the Declaration of Protective Covenants for Stage Road Planned Unit Development/Subdivision (the "Declaration"); the Declaration of Architectural Re- strictions for Stage Road Planned Unit Development/Subdivision, the Design Guidelines for Stage Road Planned Unit Development//Subdivision, the utility and other engineering plans, specifications and associated documentation, (herein "Plans and Specifications"); the Final Zone District Map for Stage Road Planned Unit Development//Subdivision and the Final Subdivision Plat submission. The terms and provisions of all the foregoing docu- ments are incorporated herein by this reference. 1.3 Effect of PUD The approval of this PUD, constitutes a Zone District Amendment and a zoning of the Prop- erty through the imposition of overriding regulations, guidelines and standards. To the extent not specifically modified or varied by the Development Plan, the provisions of the Code shall remain applicable to the Property. 1.4 The Purpose The purpose of this PUD Control Document is to set forth and define the zoning and the over- riding regulations, guidelines and standards which shall apply to the use and development of the Property. This PUD Control Document shall constitute an agreement between the City and Developer, and shall be enforceable by the City and by Developer and its successors and assigns as set forth herein. In the event of any conflict between the terms of this Agreement and the Ordinance, the terms of this Agreement shall be given paramount effect. The Pre - Annexation Agreement and its amendments also contain rights, terms and conditions which shall govern the development of the Stage Road PUD and Burlingame Ranch, many of which are not set forth in this Control Document. Such provisions are not superceded by this Control Document and shall be given effect except where there is a direct conflict between such provi- sions and the terms of this Control Document, in which case this Control Document shall be given paramount effect. 1.5 The Development As used herein, the term "Development' shall mean the PUD as defined below. 1.6 Name The name of the Planned Unit Development to be governed by this PUD Control Document is Stage Road Planned Unit Development /Subdivision sometimes referred to herein as the PUD or as Stage Road PUD. 1.7 Authority The establishment and designation of the Property as a Planned Unit Development is autho- rized by the Planned Unit Development Act of 1972, C.R.S. § 4-67-101, at seq. and by Sec- tion 26.445 et seq., of the Code. 1.8 Amendments The Development Plan for the PUD may be amended from time to time, but only with the approval of the owners of the lands within the PUD to the extent, if any, required by the Dec- laration. Prior to applying to the City of Aspen for amendment to the Development Plan, an applicant shall, if necessary as may be required by the Declaration, obtain written approval Stage Road Planned Unit Development/Subdivision 7 515890 IIIIII IIIII IIIIII IIIIII COUNTY II CO III IIIII IIII IIII t 005 :581 12 SIL for the amendment from the other owners of lands within the PUD. Residents and owners of property within the PUD hereby expressly waive any right to enforce the provisions of the Development Plan pursuant to § 24-67-106, C.R.S. The Stage Road Subdivision/PUD is a COWOP project, and as such, amendments to the PUD Development Order and all approvals associated with the PUD and contained within the Ordinance shall be handled in a manner consistent with the COWOP process, except as otherwise noted in the Ordinance and specifi- cally as noted in Section 5, paragraph 7 of the Ordinance. Insubstantial amendments to a Stage Road Subdivision/PUD development order may be au- thorized by the Community Development Director. Other amendments found by the Community Development Director to not be insubstantial may be approved by the City Council pursuant to Convenience and Welfare of the Public, Section 26.500.050 E. At the discretion of City Council, a COWOP team may be convened to consider the amendment and provide advice to City Council pursuant to 26.500.050 D. ARTICLE 2: Development Requirements and Restrictions 2.1 Zoning and Regulatory Approvals 2.1.1 Resolution and Ordinance of Approval The Stage Road PUD was processed under the special procedures of the Development Reasonably Necessary for the Convenience and Welfare of the Public ("COWOP") provi- sions of the code Section 26-500, et seq. Conceptual subdivision and PUD development plan approval for Stage Road PUD/Subdivision was granted by the Burlingame COWOP Task Force and by the Aspen City Council. Final subdivision and PUD development plan approval for Stage Road Subdivision/PUD was granted by the Aspen City Council in Ordi- nance No. 6, Series of 2005, approved and adopted on February 14, 2005.. By adoption of the Ordinance and related ordinances, the Aspen City Council annexed the Property into the boundaries of the City, granted Final PUD Development Plan and Subdivision Approval for Stage Road PUD, consisting of, among other things, the creation of twelve (12) single family lots numbered Lots 1 through 12 (the "Free Market Lots"), two parcels shown on the Plat as Lots F1 and F2 (sometimes collectively referred to as the "Fathering Parcel") with certain rights as set forth herein to develop four free market single family res- idences on Lot F1, one Cabin (the "Cabin") located at the Cabin Site on Lot F2 as shown on the Plat (the "Cabin Site"), a Ranch Manager's residence to be located on Lot RM to be restricted as a Resident Occupied Affordable Housing Unit (the "Lot RM"), the creation of two (2) conservation easement areas, PUD approval for Lot C ("Cultural Use Area") within which certain educational and cultural uses and facilities (the "Cultural Uses') may be developed and maintained, a Fisherperson's Tract to be conveyed to the City, the 20 Acre Parcel and zoning of the Property to several zone districts which are appropriate for and which will facilitate the development thereof and which are consistent with the City of Aspen Annexation Plan - August 2002. The Ordinance also granted a growth manage- ment quota system exemption for the Free Market Lots, the development approved for Lot F1 and Lot F2, Lot RM, Lot C and the Accessory Dwelling Units ("ADU") allowed on the Free Market Lots. The exterior boundaries of the Free Market Lots, Lot F1, Lot F2, , Lot C, Lot RM, and the two (2) Conservation Easement areas and the 20 Acre Parcel are g PUD Control Document, Development and Vested Rights Agreement: 1III 1111111 ����11�1111�11 it 1111 8gm 12:58: SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 depicted on the Plat which will be recorded contemporaneously with this Agreement. The Plat also depicts the allowed building envelopes and resulting set backs within the Free Market Lots. 2.1.2 Entitlements and PUD Variations Pursuant to the Pre -Annexation Agreement, the Property is entitled to develop Lot F1, Lot F2, Lot C, Lot RM and the Free Market Lots in accordance with its terms (the "Entitle- ments"). The Entitlements are set forth below and their dimensional allowances are sum- marized in Exhibit A-1, attached hereto and incorporated herein by this reference and to the extent they require variations in the dimensional requirements for the (C) Conservation zone district, the (P) Public zone district, the Specially Planned Area (SPA) zone district and the AH/PUD zone district, such variations are approved as part of the Development Plan. 2.1.2.1 Fathering Parcel Entitlements and Approved Variations to the (C) Conservation Zone District 2.1.2.1.1 Lot F1 Lot F1 is zoned (C) Conservation, contains 35.05 acres and shall be permitted to have one main residence, up to three (3) additional residences (the "Four Resi- dences") and in addition, allowed floor area for up to 40,000 square feet of non- residential agricultural buildings.. The floor area of all non-residential agricultural buildings shall be excluded in the calculation of allowable floor area for the Four Residences. The allowable floor area for the Four Residences shall be the aggre- gate of 15,000 square feet. This allowable floor area of 15,000 square feet may be increased to a total of 18,000 square feet with the purchase and extinguishment of up to two (2) transferable development rights ("TDR"), as such TDR's are estab- lished under the Pitkin County Land Use Code, from sending sites located within the upper portion of the Roaring Fork Valley (lands that drain through the Roaring Fork River at Gerbazdale). The use of such TDR(s) shall be administered by the Community Development Director to ensure compliance with this section. For purposes of this paragraph, each such TDR shall allow the construction of an addi- tional 1,500 square feet of allowable floor area. Instead of providing a TDR for ad- ditional floor area, the owner of the lot seeking additional floor area shall have the right to make a payment in the amount of $240,000.00 plus an annualized increase in said amount of 3% computed thereon beginning on the first anniversary of the date of recording the Plat. If such fee in lieu is selected by said owner, it shall be made to the City's Housing or Open Space Fund. The choice of which fund is at the sole discretion of the City Council in order to increase the allowable sizes of the houses up to the maximum stated herein. The total allowable floor area may be divided among the Four Residences at the option of Developer or Owner of Lot F1. Such allocation shall be evidenced on the Plat or if not so designated at the time of recording of the Plat, in a subsequently recorded document. The External Floor Area Ratio of the Conservation zone is hereby varied to allow the floor areas re- ferred to above and the Maximum Allowable Volume requirement is hereby varied to "No Requirement." Other zone district dimensional requirements in the following categories for the residential and other uses in the Conservation zone district are not applicable and there shall be "No Requirement" for: Minimum lot width, Mini - Stage Road Planned Unit Development/Subdivision 9 I IIIIII�NI II Ilillll IIII III I II II III III II Page:0/078of 226 9© 12:58: SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 mum front yard setback, Minimum side yard setback, Minimum rear yard setback and Minimum lot area per dwelling unit. All residential dwelling units created on the Fathering Parcel shall comply with the Stage Road Residential Design Guidelines (the "Design Regulations") attached hereto and incorporated herein by this refer- ence at Exhibit DR-1, to be recorded contemporaneously with the Plat and this Agreement. Other than compliance with standard building permit requirements which are generally applicable to residential buildings and which do not involve land use or zoning regulations or requirements, no further City reviews or approv- als are required in connection with the development of the Fathering Parcel which is in compliance with the terms of this Control Document. Agricultural (non-resi- dential) ranch buildings that exist on property are allowed to increase and/or be re- placed to a maximum square footage of 40,000 sq. ft. in the aggregate. Such ag- ricultural buildings are approved and allowed to expand or be replaced to this limit by obtaining a building permit. Agricultural Uses allowed on the Fathering Parcel are defined in section 2.1.2.2.1 below. Conservation (C) zoning is applied to this parcel with a Specially Planned Area overlay to allow for the continued residential use and expansion in this zone district. SPA Plan approval for Lot F1 is specifically approved through the Ordinance for the development allowed and described in this Agreement. The City acknowledges and agrees that the rights granted hereby for development on the Fathering Parcel are exempt from the City=s GMQS due to the extent of the lawful pre-existing development and residential uses on the Bar/X Ranch, which has Agrandfathered@ legal status under current Pitkin County Zon- ing and pursuant to the provisions of the AH/PUD Zone. 2.1.2.1.1.1 Lot F1 - Existing Units - ADU Requirements The Fathering Parcel, as of the date hereof, contains four dwelling units. They are generally described as follows: 1) a four bedroom single family residence of approximately 2,500 square feet in size; 2) a two bedroom single family resi- dence of approximately 1300 square feet in size; 3) a duplex building contain- ing two dwelling units as follows: a three bedroom apartment of approximately 1300 square feet in size and a two bedroom apartment of approximately 1300 square feet in size. If any existing residential unit on the Fathering Parcel is replaced with a new unit that exceeds 4,000 square feet of floor area, then an ADU shall be either constructed or be exempted by the purchase and ex- tinguishment of a TDR from Pitkin County or by a payment -lieu thereof in the same manner as for other Free Market Units as set forth in Section 2.1.2.5.1 below. 2.1.2.1.2 Lot F2 - The Cabin - Environmental Reviews and Restrictions Lot F2 is zoned (C) Conservation, consists of 16.74 acres and is permitted to have a Cabin located at the Cabin site as shown on the Plat which shall have an allowable floor area of 1,500 square feet, and other uses permitted by the Maroon Creek Canyon Conservation Easement, referred to in Section 2.2.2 below. The site of the cabin shall be as shown on the Plat, which site has been determined to be outside of sensitive areas regulated by Sec. 26.435.040 of the Code or any other provisions of said Code related to aesthetics, wildlife migration corridors, trail development, river impacts and other similar matters and therefore, Stream Mar- gin Review is not required at this time because the Cabin Site as shown on the Plat 10 PUD Control Document, Development and Vested Rights Agreement: IIIIII I1D1A11V1111111C111N1T11Y1 1C1O111111111111R1111113 0 0589001255W is located more than 100 feet back from the mean high water line. However, any change in the location of the cabin site may require, if applicable, its development to be reviewed and approved by the Planning & Zoning Commission pursuant to the standards of review set forth at Section 26.435.040 of the Code or any other applicable provisions of said Code related to aesthetics, wildlife migration corridors, river impacts and other similar matters. The Maroon Creek Canyon Conservation Easement, referred to in Section 2.2.2 below shall contain restrictions which: (i) if approved by the Fire Marshall, prohibit the construction of a future access road to the cabin site; (ii) limit lighting of the cabin to periods of time when it is occupied; (iii) prohibit dogs (other than farm dogs belonging to owners or employees of the Stage Road PUD, and specially trained service dogs for use by visually impaired persons or persons with other medical needs) on the cabin site at all times; and (iv) limit exterior construction to the months of July through September of each year. Following the construction of the cabin, the Developer or owner of Lot F2 shall be responsible for the complete restoration of any construction access roads or utility access easements required during construction. 2.1.2.1.2.1 The Cabin -Access and Fire Protection Due to the desire to avoid direct, year round, road access to the Cabin, alter- native access such as via a stairway or funicular will be permitted and in such case the cabin shall be sprinklered, a fire hydrant, hoses and other non -vehicu- lar fire fighting equipment shall be placed at or near the cabin and the Devel- oper shall execute a waiver and release of claims in favor of the City and all emergency service providers for any injuries, death, or property damage which may occur due to the absence of a year round road to the cabin. Construction of the Cabin may take place only during the months of July through Septem- ber. Following the construction of the cabin, Developer shall be responsible for the complete restoration of any new construction access roads or new utility access easements required during construction. The Maroon Creek Canyon Conservation Easement, referred to in Section 2.2.2 below also contains re- strictions with respect to the Cabin. 2.1.2.2 Lot C -Cultural Use Area: Entitlements and Zoning The Cultural Use Area shown as Lot C on the Plat consists of 2.01 acres and is zoned Public (PUB), and is intended to provide for a cultural/educational multi -use complex under the general uses of the PUB zone district. The lot also is zoned with a Specially Planned Area (SPA) overlay so that land uses shall be specifically established along with a site -specific development plan. No site -specific development plan for this lot is approved through the Ordinance. All of the land uses, design and dimensional require- ments shall be established through a PUD Amendment and a Specially Planned Area approval to the Stage Road Subdivision/PUD. Such amendment of the PUD and SPA review shall be handled by the City Council as a continuation of the COWOP designa- tion of the property. The Cultural Use lot is approved for Agricultural Uses as defined below, until such time as other uses are proposed and approved. There shall be no reliance by the Applicant that any use other than agricultural uses shall ever be ap- proved by the City Council. The future site -specific development plan for the Cultural Use Area B Lot C, including uses and any restrictions or conditions concerning them, shall be determined and established in a subsequent PUD and SPA review. This lot Stage Road Planned Unit Development/Subdivision 11 11111111111111111111111111111111111111111111111111111111 0//07/ 0©012?58F shall have the right to connect to the Burlingame Ranch public road system and utility facilities via the easement retained through the 20 Acre Parcel. 2.1.2.2.1 Agricultural Uses — Defined As used in this Agreement, the term "Agricultural Uses" shall mean: The use of land and buildings for the production of crops, animals, animal products, and the keeping of livestock including riding stables, arenas, orchards, nurseries, flower production, dairy operations, fisheries, animal husbandry services, or similar uses. Agricultural uses shall not receive the general public or support a membership or academic club. 2.1.2.3 Lots F1, F2, C and RM - Restriction Against Certain Uses, Further Subdivision and Dimensional Variations The allowed uses on Lots F1, F2, C and RM are limited to the residential uses de- scribed in this Agreement and agricultural, equestrian, recreation, cultural, academic or open space uses and other ranch and farm type uses. All lands that are subject to the Agricultural Lands Conservation Easement, described in Section 2.2.2 below, shall be limited to the above uses or shall be required to remain in their natural vegetative state. The term "natural vegetative state' includes the introduction of indigenous plant and tree species, and agricultural crops. Lots F1, F2, C and RM are hereby restricted against further subdivision, except that this restriction shall not limit: 1) an amendment to the Development Plan which results in residential density that is equal to or less than the density approved under this Agreement; 2) the possible internal subdivision of land within Lot C, with proper amendments approved; and 3) condomink umization of Lot F1 for the residences located or to be located on Lot F1 upon filing of the required condominium plat. No high intensity agricultural uses such as hog farms, feed lots or large-scale animal or food processing operations are permitted. 2.1.2.4 Ranch Manager's Lot The Plat identifies the location of Lot RM as a residential lot, zoned AH/PUD, near the 20 Acre Parcel, for use as a single Resident Occupied Unit for use by the Ranch Manager of the Stage Road PUD (`Ranch Manager's Lot" or "Lot RM"). The building envelope is established in the final PUD plan and may have a maximum floor area of 3,400 square feet. The maximum height is restricted to 25 feet and 15-foot setbacks are required on all sides except the north side is set at 5 feet. This lot shall remain the property of the Owner of Lot F1, except if sold to the Ranch Manager of the PUD, and shall have the right to connect to (1) the Burlingame Ranch AH project public road system, and (2) adjoining Burlingame Ranch AH project utilities. The owner of Lot F1 shall have the right to use this lot in a manner allowed by the City of Aspen Municipal Code and the Aspen/Pitkin County Affordable Housing Guidelines, including retaining or disposing of title and/or retaining an option to repurchase it from a ranch manager upon the cessation of employment of such ranch manager with the Stage Road PUD provided that the lot is occupied by an employee engaged for employment on the Stage Road PUD. A deed restriction consistent with this paragraph to be shall be re- corded for this RO unit at the time of recording the final Plat for the PUD. Said RO unit shall not be counted towards the proposed number of units of the Burlingame Ranch AH development. The cost of building the RO unit shall be borne entirely by the owner of Lot F1 or the Ranch Manger, including the cost of any utility lines such as water, .-...-.-..--_------- 12 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111111111 0 811 70012 58; electric, cable, etc. taken from a point where these utilities are installed by the City to serve the Burlingame Ranch AH development. 2.1.2.5 Free Market Lots Developer shall have the right to develop a total of twelve (12) Free Market Lots known as Lots 1 through 12 as shown on the Plat, with the right to develop a single family dwelling unit and accessory uses on each of said lots. The Free Market Lots are zoned AH/PUD. 2.1.2.5.1 Free Market Lots - Floor Area The allowable floor area of each single family dwelling, exclusive of accessory buildings, on each of the 12 Free Market Lots shall be 7,500 square feet. The al- lowable floor area of each dwelling unit may be increased to 10,000 square feet with the purchase and extinguishment of one TDR as such TDR is established un- der the Pitkin County Land Use Code, from sending sites located within the upper portion of the Roaring Fork Valley (lands that drain through the Roaring Fork River at Gerbazdale). The use of such TDR shall be administered by the Community Development Director to ensure compliance with this section. For purposes of this provision, each TDR shall allow construction of 2500 square feet. Instead of providing a TDR for additional floor area, the owner of the lot seeking additional floor area shall have the right to make a payment in the amount of $240,000.00 plus an annualized increase in said amount of 3% computed thereon beginning on the first anniversary of the date of recording the Plat. If such fee in lieu is selected by said owner, it shall be made to the City's Housing or Open Space Fund. The choice of which fund is at the sole discretion of the City Council in order to increase the allowable sizes of the houses up to the maximum stated herein. 2.1.2.5.2 Free Market Lots - Building Envelopes, Landscaping, etc. Building envelopes for each Free Market Lot are shown on the Plat. Insubstantial amendments to the building envelopes will be reviewed and approved administra- tively by the Community Development Department. Those not qualified for admin- istrative handling shall be evaluated pursuant to the City of Aspen Land Use Code standards and reviewed by the City Council. All urban landscaping within the building envelopes shall be limited to within 100 feet of building exteriors or as fur- ther restricted in the Design Guidelines. Landscaping, ponds, fences, and ranch, farming, equestrian and recreational uses and accessory structures associated with equestrian activities shall be allowed outside of building envelopes on all Free Market Lots. Areas of lots not subject to these uses and outside of the area within which urban landscaping is allowed, shall be required to remain in their natural vegetative state. The term "natural vegetative state" may include the introduction of indigenous plant and tree species. A landscape plan will be recorded along with the Plat. Additional landscaping requirements are set forth in the Design Regula- tions. 2.1.2.5.3 Free Market Lots -Accessory Dwelling Units Each dwelling unit on a Free Market Lot shall include an Accessory Dwelling Unit ("ADU") with a minimum of 600 square feet and a maximum of 1,000 square feet. Each ADU required to be constructed shall be constructed at the same time as the Stage Road Planned Unit Development/Subdivision 13 111111111111111111111111111111111111111III111111III1111110 0 80005 12:581 construction of the Free Market dwelling unit to which it is attributable. The ADU's shall be subject to the occupancy requirements and allowances of the City's ADU regulations in effect on June 1, 2000, a copy of which is attached hereto and in- corporated herein by this reference at Exhibit ADU-1. The square footage of the ADU's shall not be included in the calculation of square footage for the free market units The ADU's may be either attached to the main residence or may be de- tached. The requirement to build an ADU may be exempted with the purchase and extinguishment of a Transferable Development Right (TDR) from Pitkin County or by a payment in -lieu thereof in the same manner as for additional floor area for free market units as set forth in Subsection 2.1.2.5.1 above. (Each purchase and extinguishment of a TDR shall be designated for use as either an exemption of the requirement to build an ADU or to increase FAR.) 2.1.2.5.4 Free Market Lots: Maroon Creek Viewplane Construction on the Free Market Lots 7, 8, 9, 10, and 11 shall not impact the "Ma- roon Creek Viewplane" as depicted on the Plat. The purpose of the Maroon Creek Viewplane is to ensure that no rooms, decks, or lighting constructed on these Free Market Lots located above the Maroon Creek Canyon create an adverse visual impact when viewed from the floor of the Maroon Creek Canyon and to a height of six (6) feet above such floor in the area below each such Free Market dwelling unit. The Declaration of Architectural Restrictions for Stage Road Subdivision includes a covenant prohibiting construction which encroaches within said viewplane and the City of Aspen and the owner of Lot 3 of the Harvey Subdiivision or the future holder of a conservation easement on Lot 3, if such easement is granted in the future, shall be a beneficiary of this covenant. The covenant shall require that prior to construction on any such lot, a site specific analysis by a certified surveyor or engineer demonstrating that the proposed construction, does not impact the Ma- roon Creek Viewplane as established on Sheet 6 of the Final PUD Plan. 2.1.2.6 Calculation of Floor Area The calculation of allowable floor area for all structures and units approved for devel- opment in the Stage Road PUD shall be made in accordance with the City's floor area regulations in effect as of June 1, 2000, a copy of such regulations is attached hereto and incorporated herein by this reference at Exhibit FA-1; provided, however, the max- imum allowable floor areas set forth in this Agreement shall not be reduced (i.e., all required adjustments for calculating allowable floor area, such as steep slopes, ease- ments, etc., have already been considered in determining the floor areas set forth in this Agreement), nor shall the square footage of ADU's be included in the calculation of square footage for the free market dwelling units on the Free Market Lots or the Fathering Parcel. 2.1.2.7 Further Subdivision The Free Market Lots are hereby restricted against further subdivision, except that this restriction shall not limit an amendment to the development plan for the Stage Road PUD which results in residential density that is equal to or less than the density ap- proved under this Agreement. PUD Control Document, Development and Vested Rights Agreement: 11111111111111111111111111111111111111111111111111111111 a;0 89a012:58C 2.2. Exactions and Restricted Lands 2.2.1 20 Acre Parcel The 20 Acre Parcel shall be conveyed by Developer to City by special warranty deed in the form of Exhibit SWD attached hereto and incorporated herein by this reference following the recording of the Plat and upon expiration of the Appeal Period as defined at Paragraph 20 of the Pre -Annexation Agreement (attached at Exhibit PAG-1) or any other matter which affects the development of the Stage Road PUD having been challenged and finally determined against the party challenging the Entitlements or other rights granted by the City to the Stage Road PUD, and provided City has fulfilled all of its obligations required by the Pre -Annexation Agreement to be performed prior to such conveyance. The uses and limitations on density for the 20 Acre Parcel shall be as set forth in the Pre -Annexation Agreement and its amendments. The deed conveying the 20 Acre Parcel shall contain use and density limitations by reference to the Pre -Annexation Agreement and Developer's reservations of access and utility easements therein in accordance with the Pre -Annexa- tion Agreement, and as set forth on Exhibit SWD. 2.2.1.1 Satisfaction of Affordable Housing Mitigation Obligations As stated in the Pre -Annexation Agreement and reiterated herein, the conveyance of the 20 Acre Parcel to the City fulfills and fully satisfies all of Developer's obligations for the provision of Affordable Housing associated with the Stage Road PUD and any future affordable housing requirements imposed by the City and Developer shall have no further or other obligations whatsoever with respect to the construction or provision of affordable housing. 2.2.1.2 Timing of Production of Affordable Housing Units The City shall, on a good faith efforts basis, develop affordable housing units on the 20 Acre Parcel on a schedule commensurate with the development of the Free Market Lots by the Developer or the purchasers of said lots. The development of the Free Market Lots and the Fathering Parcel as allowed by the Development Plan, shall not be delayed or hindered in any way in the event the City fails to develop these afford- able housing units in accordance with this Agreement. 2.2.1.3 Dog Restriction - 20 Acre Parcel In order to protect wildlife, ranch cattle, horses and other livestock from harassment, the General Declarations of Covenants, Conditions and Restrictions to be imposed on Burlingame Ranch shall include provisions and penalties that prohibit dog ownership (other than specially trained service dogs for use by visually impaired persons or per- sons with other medical needs). The Burlingame Ranch homeowners association shall be required through appropriate covenants to vigorously enforce these restrictions. In the absence of effective enforcement of this provision by said homeowners' associa- tion, this restriction shall be enforced by the City. 2.2.1.4 Parks And Play Fields City may construct play fields, including without limitation, baseball or soccer fields, within the 20 Acre Parcel. However, the City shall neither include any such fields as part of the City's recreation program nor shall the City schedule any organized ac- tivities of the City on these fields. Ownership of these fields shall be vested in the Stage Road Planned Unit DevelopmenVSubdivision 15 IIIIIIIIIIIIIIIIIIIII IIIIIII I IIIIIIIIIIIII II 0//07//2 0©f226 12:58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 homeowners association of Burlingame Ranch with appropriate covenants ensuring maintenance and enforcement of regulations for their use. 2.2.2 Conservation Easements - Fathering Parcel Developer shall place two conservation easements on certain portions of the Fathering Parcel. One easement shall be placed on lands which contain valuable historically ir- rigated and agricultural lands located on Lot F1 (the "Agricultural Lands Conservation Easement"), in the form of Exhibit AL-EAS-1, attached hereto and incorporated herein by this reference. The other shall be placed on lands which are located on lands that have important riparian and related wildlife values located on Lot F2 (the "Maroon Creek Can- yon Conservation Easement"),in the form of Exhibit MCC-EAS-1, attached hereto and incorporated herein by this reference. These easements are collectively referred to herein as the "Conservation Easements". 2.2.2.1 Timing of Grant of Conservation Easements Developer shall record the Conservation Easements following the recording of the Plat and upon expiration of the Appeal Period as defined at Paragraph 20 of the Pre -An- nexation Agreement (attached at Exhibit PAG-1) or any other matter which affects the development, having been challenged and finally determined against the party chal- lenging the Entitlements or other rights granted by the City to the Stage Road PUD. 2.2.2.2 Assignment of Conservation Easement At the time of the initial recording of the Conservation Easements, the City shall be the grantee and beneficiary of them. At any time subsequent thereto, Developer shall have the right to designate a successor grantee and beneficiary ("Successor Grant- ee") of the City's interests in either or both of the Conservation Easements. Developer shall provide to the City, for its review and approval, a form of assignment of the City's interest in either or both of the Conservation Easements together with all relevant information about the Successor Grantee. Provided that such Successor Grantee is a recognized conservation, agricultural or preservation organization which has a dem- onstrated capability to administer the particular easement which Developer wishes to have assigned, City's approval and execution of the assignment shall not be unrea- sonably withheld or delayed. Notwithstanding such assignment, City's consent shall be required for any amendment to the Conservation Easements which changes the al- lowed use of the areas as permitted in the Conservation Easements. City shall remain a beneficiary of the Conservation Easements in order to exercise such rights. 2.2.3 Conservation Easements - City - Back Bowl and Burlingame Ranch Adjacent to the Stage Road PUD is the City owned Burlingame Ranch. Within the Burl- ingame Ranch is an area known as the "Back Bowl". City agrees to place conservation easements within certain lands located within Burlingame Ranch as provided for below. The precise terms of these easements shall be determined during the land use approval process for Burlingame Ranch, however, the terms shall not substantially differ from or di- minish the conservation intentions of these easements as set forth below. The easements shall be recorded against the Burlingame Ranch property at the time of final approval of the first phase of Burlingame Ranch; provided, however, in the event such approval and recording does not occur within one year after the date of recording this Control Docu- ment, City shall, nevertheless, prepare the final text of such easements and provide said 16 PUD Control Document, Development and Vested Rights Agreement: / 25II111111111111111111111111111111111111111111 0005 1:89 SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 text to Developer for its review and approval, which shall not be unreasonably withheld or delayed, and then, promptly record said easements. From the date of recording this Control Document until said easements are recorded, City shall not undertake any uses of the portions of the Burlingame Ranch which are to be subjected to the easements that are inconsistent with the intentions of the provisions for the easements as set forth below. 2.2.3.1 Burlingame Ranch Conservation Easement City shall place a conservation easement to the benefit of the City and the Aspen Val- ley Land Trust or other similar organization, which prohibits further residential develop- ment on all of the Burlingame Ranch east of State Highway 82, except for the Back Bowl (which is provided for in a separate conservation easement described below), and except for Burlingame Ranch Parcel, Parcel B (the MAA housing project), Parcels C and D (US West and Ventnor Avenue Housing projects) and a strip of land which is 150 feet wide or to the toe of the slope (whichever is wider) of the Burlingame Ranch which adjoins highway 82. The conservation easement shall protect open space val- ues and its terms shall be determined during the land use approval process for Burl- ingame Ranch. 2.2.3.2 Back Bowl Conservation Easement The Back Bowl shall be made subject to a conservation easement dedicating its use to open space in perpetuity. Said conservation easement shall be to the benefit of the City, the Aspen Valley Land Trust or other similar organization. 2.2.3.3 Conservation Easements - Additional Beneficiary The consent of the owner of the Fathering Parcel shall be required for any amendment to the conservation easements placed on the Burlingame Ranch by the City which changes the allowed use of the areas as permitted in the conservation easements. The text of said easements shall each contain such requirement and Developer shall be named as a beneficiary of these conservation easements in order to exercise such rights. 2.2.3.4 Fathering Parcel Agricultural Easements - Free Market Lots Developer shall reserve, for itself and its permitted assigns, the right to conduct agri- cultural, farm, ranch and related recreational and equestrian activities on certain por- tions of the Free Market Lots (the "Fathering Parcel Agricultural Easement') The location of the Fathering Parcel Agricultural Easements are shown on the Plat and the terms of the reservations applicable to them are set forth in the Declarations. 2.2.4 Trails No public trails shall be required to be dedicated or created within the Stage Road PUD. 2.2.5 Transportation Demand Management/PM 10 Mitigation The Developer, and the Association after its takeover of road maintenance responsibili- ties, shall only utilize a suitable road surface dust suppressant to be used during construc- tion and over time as found acceptable to the City of Aspen Environmental Health and Streets Departments. The Developer shall provide cash in lieu in an amount of $20,000 for transportation management strategies to be implemented by the City of Aspen, due at the time of issuance of the Access/Infrastructure Permit. ---- _- -.. Stage Ro—ad Planned Unit nit Developme-nt/Subdivision IIIIIIIIIII IIIIIIIIII11111111111111111111111111111111111111111890 //20005516f12226 :58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 2.2.6 Property Tax Valuation Any owner of a Free Market Lot who improves a lot with residential improvements which result in a new property tax classification for such lot based on a change of use from ag- ricultural to residential shall be forever barred from subsequently applying for reclassifica- tion of such lot to anything other than a "residential real property" category for property tax valuation and assessment purposes, as such term is defined and applied in Section 39-1-102, et seq., C.R.S. 2.2.7 School Land Dedication Fees The owner of each Free Market Lot shall pay the required School Land Dedication Fee to the City, which is due and payable at the time of building permit application for the devel- opment of its lot. School Land Dedication Fees shall be assessed based on one-third of the full value of the unimproved land within the Stage Road Subdivision/PUD, divided by the proposed fourteen (14) new residential lots (12 free market lots, one cabin site (Lot 172) and one Ranch Manger's RO lot) on a per acre basis according to the Land Dedica- tion Standard of Section 26.630.030 of the City of Aspen Land Use Code. For purposes of the calculation of this dedication fee, it is agreed that the full value (100%) of the un- improved land is twenty-one million dollars ($21,000,000) and that no further appraisal or value information is necessary to use in the future. The calculation shall not include units within the 20-acre parcel, commonly referred to as the Burlingame Ranch AH project. The calculation shall not include and fees shall not be required for the four (4) existing residential units on Lot F1 of the Fathering Parcel or at the time of expansion or replace- ment as allowed by the Ordinance and this Agreement. Notwithstanding the foregoing, the valuation for Lot F2, containing the cabin site, may be based upon a valuation that takes into account the conservation easement on the land upon which it is located which is a requirement of the subdivision approval of the Stage Road Subdivision/PUD. The City of Aspen shall verify the unimproved land value of the lands underlying the PUD from information provided by the Developer and information from the Pitkin County Asses- sor. The PUD is not conducive to locating a school facility and a cash -in -lieu payment shall be accepted. Prior to the issuance of the first building permit for a Free Market Residence, a schedule specifying the school impact fees shall be provided as an amendment to this Agreement. 2.2.8 Park Development Impact Fees The owner of each Free Market Lot shall pay the required Park Development Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 2.3 Subdivision Improvements 2.3.1 Roads - Common Access Drives, Access Road and Sidewalk, Curb and Gutter City, at its sole expense, shall construct and install such roads as are required for the con- struction of Burlingame Ranch and shall design the same to facilitate usage of Stage Road as the Primary access for the Stage Road PUD. Not later than thirty (30) months (which may be extended by mutual agreement of the parties) after the recording of the Plat for 18 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111 17 of 26 //2000512?5ar. SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 the Stage Road PUD, City, at its sole expense, shall have extended all roads which may be necessary to facilitate access to the Stage Road in accordance with the terms of the Pre -Annexation Agreement and its amendments (attached hereto and incorporated herein by this reference at Exhibit PAG-1) and as shown on the Plat. Exhibit D to the Preannex- ation Agreement is hereby amended to delete the City's obligation to complete the access road along Stage Road as shown on Exhibit D. The access to the PUD shall be along the existing alignment of Stage Road and the access to the 20 Acre Parcel shall be along an extension of Harmony Road and as shown on Sheet 1 of the Plat. 2.3.1.1 Common Access Drives Vehicular access to the Free Market Lots shall be along the private roads shown on the Plat and named Stage Road (including the northern extension to existing Stage Road) and Stage Road South. Developer shall be responsible to construct such north- ern extension to Stage Road in connection with the construction of any dwelling units on Free Market Lots 7 through 12, and Stage Road South in connection with the con- struction of any dwelling units on Free Market Lots 1 through 4. Lot 5, Lot 6, and the Fathering Parcel shall have direct access off existing Stage Road. Developer shall be responsible for the improvement of existing Stage Road and the construction of the northerly extension of Stage Road and the construction of Stage Road South, all as subdivision improvements in accordance with Section 2.3.4 of this Agreement and ac- cording to the Plans and Specifications. After completion of construction of said roads, all costs associated with the maintenance and repair, including snowplowing, of said roads shall be paid by the owners of the Free Market Lots. 2.3.1.2 Access by Stage Road Vehicular and pedestrian access to the Free Market Lots and primary access to the Fathering Parcel shall be from Stage Road as shown on the Plat. The historic prescrip- tive easement for public access along Stage Road lies partly within the boundaries of the Stage Road PUD. City shall, simultaneously with recording of the Plat, vacate said portion of Stage Road within Stage Road PUD as a former public road and it shall thereupon be a private road. Developer has conveyed, or shall convey upon the com- pletion of the vacation process, an easement for the benefit of owners of other lands served by said road, in the form of Exhibit EAS-1, attached hereto and incorporated herein by this reference. The City of Aspen will be responsible for maintaining Stage Road prior to the road maintenance responsibility being shifted to the Stage Road Homeowner's Association (the "Association"). Thereafter, all costs associated with the maintenance and repair, including snowplowing, of the private portion of Stage Road, shall be paid by the owners of the Free Market Lots, through the Association as provided for in the Declaration. City shall be responsible for maintenance, repair and snow plowing of the public portions of Stage Road. At the time an Access/Infrastruc- ture permit is issued for the installation of the subdivision infrastructure and/or road improvements, whichever comes first, the Association shall takeover responsibility for the maintenance, repair and snowplowing of the private portion of Stage Road, The standard and quality of maintenance (including maintaining the Road Oyl surface) shall be that normally enjoyed by the citizens of the City of Aspen for public streets bearing equivalent traffic and shall meet with the approval of the City of Aspen Street Department. The City of Aspen shall act as a liaison for the Adjoining Properties to ensure that the obligations of the Association are promptly and properly performed. Stage Road Planned Unit Development/Subdivision 19 IIIIII IIIII IIIIII IIIIII I III IIIII III III II II III III Page:0/07aof 9©12:58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 If the Association shall fail to perform its obligations with respect to Stage Road, the City of Aspen shall perform those obligations and shall have a cause of action against the Association for the cost thereof, costs of collection and reasonable attorney fees. Until such time as the Developer shall turn control of the Association over to the mem- bers/lot owners, the Developer shall guarantee the Association=s obligations for road maintenance. Secondary access to the Fathering Parcel and emergency access for the Free Market Lots shall be accommodated through the 20 Acre Parcel along the easement reserved by Developer in the deed conveying said parcel to the City. Within one year after the issuance of the first building permit for construction of a dwelling unit on a Free Market Lot, Developer shall construct the pedestrian path along the northerly side of Stage Road as shown on the Plat in accordance with the Plans and Specifications. All roads and driveways must meet the minimum standards, including accommodation of turning movements of fire trucks of the Aspen Fire District to allow for emergency access to all lots. Road widths are approved as proposed in the Bar/X Ranch Engineering Plan, C-4.2; however, a minimum of two (2) foot wide shoulders are required on Stage Road (which may be sloped shoulders constructed of road base, that are meant to structurally stabilize the traveled road surface and not to widen the traveled road surface itself. 2.3.1.3 Access by Harmony Road Vehicular and pedestrian access to the Ranch Manager's Lot (Lot RM) and to the Cul- tural Use Area (Lot C) shall be from the 20 Acre Parcel and Harmony Road along the easement reserved by Developer in the deed conveying said parcel to the City. Noth- ing herein prevents additional access to Lot RM and Lot C from the Fathering Parcel. 2.3.1.4 Sidewalk, Curb and Gutter City agrees that, because of its rural character and location outside of the City's street grid system, the Residential Design Standards of Chapter 26.410 of the Aspen Land Use Code, and the requirements for street paving, sidewalks, curbs and gutters, shall not be applied to the Stage Road PUD. Nothing herein shall prevent Developer from constructing improvements at its discretion such as paving or chip sealing said roads, construction of sidewalks, curbs and gutters. Notwithstanding the foregoing, the impo- sition of any design guidelines applicable to Lot C shall be determined in conjunction with an SPA plan and PUD amendment process for the development of said lot. 2.3.2 Utilities City, at its sole expense, shall construct and install such utilities as are required for the construction of Burlingame Ranch, and subject to the cost reimbursement provisions hereof, City shall construct and initially pay for the shared utilities described below. Where such utilities shall also serve the Stage Road PUD they shall be sized to accommodate both. Not later than thirty (30) months (which may be extended by mutual agreement of the parties) after the recording of the Plat map for the Stage Road PUD, City, at its sole expense, shall have extended utilities to the locations as shown on Exhibit RSU-1, which supercedes and replaces Exhibit D to the Pre -Annexation Agreement. The water and sewer utilities for which costs are to be shared between City and Developer (the "Shared Utilities') are identified as such on said Exhibit RSU-1. Developer shall install all water and sewer utilities necessary to serve the Stage Road PUD that are not to be constructed and installed by the City, as shown on the Revised Shared Utilities Plan, Exhibit RSU-1, b--..----- ------ --- 2p PUD Control Document, Development and Vested Rights Agreement: IIIIII11111111111111111111111111111111111111111111111110 05/22000©f 12:58F 1 0 0.00 attached hereto. As provided for in the Pre -Annexation Agreement and its amendments and the Water Service Agreement (the "WSA") which is attached as Exhibit F to the Pre - Annexation Agreement (attached hereto as Exhibit PAG-1), detailed engineering designs for potable water and sewer lines may not be available at the time of recording the Plat. In such event, the Plat shall reserve easements within which such utilities will be placed and after their installation, a revised Plat sheet(s) describing their as -built locations shall be re- corded and such easements dedicated to the utility providers. Once the exact locations of utilities are known, easements shall be granted to the dimensions/limitations as follows: • twenty five -feet (25) in width (12.5 feet on either side of the centerline of the utility), • thirty feet (30) in width (15 feet on either side of the centerline of the utility) if a water line crosses slopes in excess of 15% or if the depth of bury is more than 10 feet deep, • areas reserved on the final plat for these easements which are larger than these widths shall be vacated, • the easement for utilities necessary to serve the free market and affordable housing development shall be shown on the final plat and shall extend through Lot 1 southerly to the Highway 82 right of way; and in the northerly direction, (along Stage Road and to the west of the building envelopes of Lots 10-12) to the north side of Lot 12 all the way to the boundary of the "20 acre parcel', and • any residential landscaping materials installed within the utility easements are subject to removal and/or damage caused by necessary repair or replacement of utilities by util- ity providers. Restoration is at the landowner's expense. The utilities for which costs are not shared with the City and for which Developer is re- sponsible for installing and paying for shall be installed as subdivision improvements in accordance with Section 2.3.4 of this Agreement. City shall construct roads and utilities as required by the Pre -Annexation Agreement and its amendments, regardless of whether or not the City has completed its development processes for Burlingame Ranch. The provi- sions for cost sharing for Shared Utilities for the Stage Road PUD contained in Section 2.3.3 below and the Pre -Annexation Agreement and its amendments and the WSA shall be followed. 2.3.2.1 Potable Water Supply The WSA contains provisions, for among other things, the design and construction of water utilities to serve the Stage Road PUD, cost sharing provisions related thereto and the conveyance by Developer of certain water rights to the City. City and Develop- er shall comply with the terms of the WSA in the development of the Stage Road PUD, including, among other things, its requirements for the conveyance of certain water rights. The Developer shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conser- vation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department; provided however, in the event of any inconsistency with said standards and the terms of the WSA, the terms of the WSA shall control. 2.3.2.2 Sewer Service Not later than thirty (30) months (which may be extended by mutual agreement of the parties) after the recording of the Plat for the Stage Road PUD, City, at its sole ex- pense, shall have designed and constructed a new sewer line from the existing sewer main to the boundary of the 20 Acre parcel as shown on the Revised Shared Utilities --------- - -_ - - — -- 21 Stage Road Planned Unit DevelopmenVSubdivision IIIIII(IIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII II Page: 20 of O IIII0/07/ 00532?58F 100 Plan. The relocation of the sewer line from the location shown on Exhibit D to the Preannexation Agreement to the location shown on Exhibit RSU-1 hereto may result in the requirement for a lift station to serve the Stage Road PUD. In such event, City shall pay for the costs of said lift station. To the extent not inconsistent with this Agreement and the Preannexation Agreement, the Developer shall comply with the requirements set forth in Section 11 of the Ordinance. 2.3.2.2.1 Stage Road PUD Internal Sewer System The sewer system serving only the Stage Road PUD constructed by Developer, shall be constructed as a subdivision improvement in accordance with Section 2.3.4 of this Agreement and according to the Plans and Specifications. Developer shall be required to show to ACSD all service locations at the station numbers on the final utility plans for Stage Road PUD prior to building permit application. In addition, Developer shall execute a "Line Extension Request" and a "Collection System Agreement" with ACSD prior to building permit application. Unless other- wise agreed to by Developer and ACSD the connection fees shall be paid by the owner of the lot or parcel seeking service at the time service is established to such owner's lot or parcel. 2.3.2.3 Electric Service Exhibit RSU-1 attached hereto shows the locations of the existing overhead power lines and defines those sections of line that will be placed underground at City's sole expense and at Developer's sole expense. Within thirty (30) months of recordation of the Plat, City shall complete the work necessary to underground the section of line for which it is responsible. Developer shall underground the section of line for which it is responsible as well as the internal electrical service for the Stage Road PUD in accor- dance with Plans and Specifications and as a subdivision improvement under Section 2.3.4 below. 2.3.2.4 Telephone, Cable TV, Fiber Optic and Natural Gas Utilities The Plans and Specifications show the locations for distribution lines for telephone, Cable TV, fiber optic lines and natural gas to serve the Stage Road PUD. Developer shall install such utilities at its sole cost and expense in accordance with Plans and Specifications and as a subdivision improvement under Section 2.3.4 below. 2.3.3 Cost Sharing and Reimbursement for Shared Utilities City shall be reimbursed by Developer for one-third of Developer's share of the total in- stallation cost of the particular Shared Utilities constructed and installed by the City, at the time of issuance of the building permit for the first Free Market Lot. Developer shall reimburse City an additional one-third of Developer's share of the total installation cost of the particular utilities so requested and provided at the time of issuance of the building permit for the second Free Market Lot. City shall be reimbursed the remaining amount of Developer's share of the total installation cost of the particular utilities so provided at the time of issuance of the building permit for the third Free Market Lot. Notwithstanding the foregoing, however, Developer shall reimburse City for its share of the costs of the Shared Utilities provided to the Stage Road PUD not later than the fifth anniversary of the completion and activation of said utilities, subject to any subsequent adjustments as provided for below. Said reimbursement shall be made together with interest at the rate of - — - - - -- 22 PUD Control Document,— Development and Vested--- Rights Agreement-- - : IHI 1 515890 Page: 21 of 226 /2200055012:58F 8% per annum computed from the date said funds were advanced by City to the date of reimbursement. In addition, at the same time as reimbursements are required as set forth above, Developer shall reimburse City for Developer's share of the cost of installation of any redundant looped segments of potable water utility systems which are constructed for the primary benefit of the Free Market Component and the Affordable Housing Compo- nent, based on the ratio of ECUs determined under the WSA. Adjustments to the initial charge for the Stage Road PUD shall be made upon final construction of all residences in the Stage Road PUD or as otherwise provided for in paragraph 5 of the WSA. An "ECU" as defined in the Aspen Municipal Code, is a "unit reflecting that part of the capacity of the [City] water system necessary to serve a standard water customer, with multiples or fractions of the unit including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking facilities, or other water demand factors." This definition shall govern the calculations necessary to be made under this Agreement and the WSA notwithstanding any amendments to Aspen Municipal Code § 25.08.060(e) made subse- quent to the recording of the Plat. 2.3.4 Cost of Subdivision Improvements Prior to the earlier to occur of the first sale of a Free Market Lot or the first application for a building permit on a Free Market Lot, Developer shall provide the City Engineering De- partment with the then current estimated cost of the subdivision improvements which are not Shared Utilities and which are the Developer's sole obligation together with the finan- cial guarantee described in section 2.3.5 below. Developer shall complete construction of the aforesaid subdivision improvements in accordance with a Construction Schedule to be submitted to the City Engineering Department simultaneously with submission of the financial guarantee described in Section 2.3.5 hereof. For purposes of this Section 2.3.4 and 2.3.5 below, a bulk sale of all the Free Market Lots shall not trigger these require- ments. 2.3.5 Financial Assurances In order to ensure construction and installation of the subdivision improvements which are not Shared Utilities and which are the Developer's sole obligation, and to guarantee 100 percent of the current estimated cost of said subdivision improvements, Developer shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of the estimated cost of the subdivision improvements referred to in Section 2.3.4 above. 2.3.5.1 Administration of Letter of Credit The Letter of Credit shall be in a form reasonably acceptable to the City Attorney and the City Manager, and give the City the unconditional right, upon default by Developer to draw on funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amounts to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such Letter of Credit is released to Developer. Provided, however, that Developer shall be given fourteen (14) days written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under any Letter of Credit. Notwithstanding the foregoing, delays or other problems resulting from acts of Stage Road Planned Unit DevelopmenUSubdivision 23 !llllll lull llllll lllllllull llll CO llllll)11lll11 0/0 //2200 0122 58F God or other events beyond the reasonable control of Developer shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engi- neer shall inspect the subdivision improvements and upon approval and written accep- tance, a reduction in the outstanding amount of the applicable Letter of Credit shall be authorized in an amount equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer. Compliance with the procedure set forth in Section 2.5 below pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Developer as set forth above. 2.4 General Development Conditions 2.4.1 Protective Covenants -Stage Road PUD Homeowners Association The Declaration sets forth various restrictions and covenants for use and development of the Stage Road PUD, including, among other things, the creation of a Homeowners Association with the authority to administer the Declarations. The Declarations shall be recorded along with the Plat. 2.4.2 Design Guidelines The Design Regulations attached at Exhibit DR-1 shall govern the development within Stage Road PUD are in lieu of the Residential Design Standards of Chapter 26.410 of the Aspen Land Use Code. The Design Regulations may be amended as provided for by them, subject to the approval of the City, which approval shall not be unreasonably withheld or delayed. The Architectural Control Committee established by the Declara- tion of Architectural Restrictions for Stage Road Subdivision shall ensure that the Design Regulations are enforced. Notwithstanding the foregoing, the imposition of any design guidelines applicable to Lot C shall be determined in conjunction with an SPA plan and PUD amendment process for the development of said lot. 2.4.3 Drainage Development of Stage Road PUD shall comply with the most recent municipal engineer- ing practice standards and the 'Best Management Practices' (BMPs) identified for water quality control requirements. 2.4.4 Air Quality The finished graveled road surfaces of existing Stage Road, Stage Road extension, and Stage Road South shall be treated regularly with materials such as `Road Oyl" which are ecologically safe and which prevent the release of small particulates into the air. 2.4.5 "Green" Construction The construction of residences within the Free Market Component shall comply with or exceed the provisions of any ordinances adopted by City requiring environmentally ap- propriate construction (also known as "green" construction) techniques, materials and de - Development 2q PUD Control Document, and Vested Rights Agreement: IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII II IIII 590 00 07012258E 1 sign, that are generally applicable throughout the City to all residential construction, as the same may exist from time to time. The specific requirements necessary to satisfy this ob- ligation are set forth in the Green Construction and Energy Efficiency guidelines attached to the Design Regulations at Exhibit DR-1, hereto. 2.4.6 Exterior Lighting All exterior lighting within Stage Road PUD shall comply with the Design Regulations at- tached at Exhibit DR-1, provided however, to the extent that the City's lighting standards set forth at Section 26.575.150 of the Code are more restrictive, as they are in effect from time to time, the more restrictive provision shall be given effect, and shall be adopted into the Design Regulations by the Architectural Control Committee and enforced by the As- sociation. 2.4.7 Work in Public Rights -of -Way Developer or the Owner of a Free Market Lot, as applicable, shall first receive the approval of the appropriate City Department and/or utility/service district prior to commencement of any work within a public right-of-way. 2.4.8 Damage to Public Rights -of -Way Developer or the Owner of a Free Market Lot, as applicable, shall repair any public right- of-way damaged during construction on any lot or parcel within Stage Road PUD prior to issuance of a certificate of occupancy for any structure on said lot or parcel. 2.4.9 Construction Hours Construction activity within Stage Road PUD shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 2.4.10 Construction Management Plan During all construction activities on Stage Road PUD, Developer or the Owner of a Free Market Lot, as applicable, shall comply with the Construction Management Plan that will be submitted prior to building permit issuance. 2.4.11 Infrastructure and Removal of Fill Developer shall have the right to apply for permits for construction of infrastructure and removal of fill from Stage Road PUD at any time after approval of the Ordinance. 2.4.12 Erosion Control Erosion control plans, including potential natural resource protection structures, and a de- tailed plan for irrigation systems and other plantings within the City of Aspen right-of-way shall be submitted by Developer to the Parks Department for approval prior to the applica- tion of building permits. Separate erosion control plans shall be submitted by the owners of each lot prior to the issuance of a building permit for their respective lots. 2.4.13 Street Impact Fees The streets within the Stage Road PUD will remain private and no new streets or road improvements will be required. Stage Road within the Property will be vacated and shall become private. Except as provided for in section 2.3.1.2 above, the City will have no maintenance obligations with respect to the vacated portion of Stage Road or the streets Stage Road Planned Unit DevelopmenUSubdivision 25 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII II IIII 89O 0a Page: 012:58r within the Stage Road PUD. Therefore, no additional street impact fees will be charged in connection with Stage Road PUD. 2.4.14 Storm Sewer The Stage Road PUD will not connect to the City's storm sewer system. Drainage and run-off will be accommodated on a site specific basis in connection with the issuance of building permits for improvements to be constructed on the Stage Road PUD. 2.4.15 Improvement Districts On behalf of itself and all future owners of any property within Stage Road PUD, Devel- oper hereby agrees to join any future improvement districts that may be formed for the purpose of constructing improvements that benefit the subject Property under an assess- ment formula. To the extent any future improvement districts are formed for purposes of any improvements that Developer has paid for under the terms of the Development Plan, Developer shall receive a credit against any amounts that may be assessed against it for such amounts paid. 2.4.16 Fire Protection Fire sprinklers and alarm systems shall be installed in all new dwelling units within the Stage Road. The owner of each Free Market Lot shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. 2.4.17 Gates and Fencing No gates are allowed at the entrance to or within the Stage Road Subdivision/PUD. All fencing in or surrounding the Free Market Lots shall be of a design, type and material that is approved by the Colorado Division of Wildlife as consistent with ranch operations and which does not unreasonably impede the movement of wildlife. The following design parameters are approved: • The top wire of the fence will not be barbed and will not exceed 42" above ground level. • The bottom wire of the fence will not be barbed and will not be less than 16" above ground level. • Intermediate wires may be barbed but will not be closer than 8" to the top and bottom wires. • Developer will be allowed a period of 3 years to conform all fences to this design. Although the pre -annexation agreement allows for the installation of different fencing along Stage Road and along the boundary with the Burlingame Ranch AH project, Developer shall initially install the same fencing defined above, and shall only alter it if trespassing or interference with the grazing of cattle and horses, and other land uses becomes a problem. Such change may be approved administratively by the Community Development Director. 2.4.18 Dog Restriction - Stage Road PUD In order to protect wildlife, ranch cattle, horses and other livestock from harassment, the Declarations shall include provisions and penalties that prohibit dog ownership (other than farm dogs belonging to owners or employees of the Fathering Parcel and specially trained service dogs for use by visually impaired persons or persons with other medical needs). The Association shall be required through appropriate covenants to vigorously enforce --- - — ---- — --- 26 PUD Control Document---, Development- — and Vested Rights Agreement: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5 0: 25 of12258c 1131.00 D 0.00 these restrictions. In the absence of effective enforcement of this provision by said hom- eowners' association, this restriction shall be enforced by the City. 2.4.19 Building Permit/Access Infrastructure Permit Requirements All building permit applications shall include/depict and/or satisfy the following items, as applicable to the work for which the permit is sought as follows: 1 A signed copy of the final ordinance; 2 The conditions of approval shall be printed on the cover page of each building permit set applied for within the development; 3 A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of any removed trees. Tree removal permit applications shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site; 4 A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construc- tion. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements; 5 A fire sprinkler system plan showing that all residences are sprinklered with a system that meets with the requirements of the Fire Marshal; 6 Afugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as - needed cleaning of adjacent rights -of -way, speed limits within and accessing the con- struction sites within the subdivision, and the ability to request additional measures to prevent a nuisance during construction; 7 A construction site management and parking plan meeting the specifications of the City Building Department; 8 Prior to issuance of building permit for each of the residences within the subdivision: The primary contractor on each lot shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement; 9 Plans that show how the development of individual Lots 7 through 11 are in confor- mance with the View Lines as shown on Sheet 6 of the PUD plans; 10 An Access/Infrastructure Permit is required for road, utility and infrastructure im- provements. Prior to the issuance of an Access/Infrastructure Permit by the Community Development Engineer, the applicant shall submit the required information as shown on the permit application checklist form supplied by Community Development Department and a Construction Management Plan (CMP) acceptable to the Community Develop- ment Engineer. No building permit will be issued by the City of Aspen for a certain lot until the roads and infrastructure serving the subject lot are completed; 11 At the time of building permit application for each lot, detailed landscape plans (including seed mixes), restoration plans, and erosion control plans, that meet with the approval of the Parks Department; 12 The Applicant for a building permit or, as applicable, an access/infrastructure permit, shall install tree saving construction fences around the drip line of any trees to be saved Stage Road Planned Unit Development/Subdivision 27 1III 11111111111111111111111111111111111111111111 26 //2000©f 12226 :58P SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 such that no excavation, storage of materials, storage of construction equipment, con- struction backfill, foot or vehicular traffic shall be allowed within the drip line. The Parks Department must be contacted to inspect this fence before any construction activities commence; and, 13 School and Park Impact fees commensurate with each residential unit shall be payable upon issuance of a building permit for such residential unit and paid by the ap- plicant for said building permit. Said impact fees shall be determined in accordance with the provisions of Sections 2.2.7 and 2.2.8 of this Agreement and shall take into account the vested rights set forth in section 2.5 of this Agreement. 2.5 Vested Rights The Plat and the Ordinance granting PUD and Subdivision approvals for Stage Road PUD, including the zoning established thereunder, the Development Order issued therefore, this Control Document, the Pre -Annexation Agreement and its amendments and any other docu- ment or plan included within the Development Plan, constitute a Site Specific Development Plan pursuant to § 24-68-101, et. seq., C.R.S., and Section 26.308, et. seq. of the Code. The Stage Road PUD Development Plan shall be vested against any changes in the Code for a period of twenty-five (25) years from the date of recording the Plat or such longer time as may be allowed under any applicable law, regulation or court decision. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and the Control Document, the Plat, the Preannexation Agreement and other agreements and documents executed in con- nection with Stage Road PUD and included within the Development Plan. Given the nature of the approvals granted hereby, the City has found, determined and concluded that it is in the public interest to grant an extended vested rights period of twenty-five (25) years, which is warranted in light of the size of this development, market conditions, the conveyance of the 20 Acre Parcel and investment in infrastructure to be made by Developer, and economic cycles. The PUD shall not be subject to amendments to impact fees required by the City of Aspen, including new impact fees or amendment to existing impact fees, during the period of vested rights. Substantial amendments to the PUD that increase impacts that relate to impact fee categories shall require a new calculation of impact fees. ARTICLE 3: Miscellaneous Provisions 3.1 City Acknowledgment of Developer's Reserved Rights — Assignment The City agrees that Developer shall have the right to exercise any and all retained rights that are set forth in this Agreement and in any exhibits or agreements attached hereto or contained in the Development Plan. Developer further reserves and shall have the right to assign all, or any part of its rights hereunder or in the Development Plan, by written instrument executed by the Developer and recorded in the records of Pitkin County, Colorado, referencing the provi- sions of this Agreement (or such other document which refers to such rights) and specifying the rights so assigned. 3.2 Recording Upon execution and authorization by the City, the Developer shall record this agreement with the Office of the Clerk and Recorder for Pitkin County, Colorado. 28 PUD Control Document, Development and Vested Rights Agreement: IIIII III IIIIIIIIII (IIIIIII IIIIIII IIIIIIIII II © Page:89r 226 0/012:589 SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 3.3 Amendment The parties hereto mutually agree that this Agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 3.4 Notices All notices required herein shall be tendered by personal service or certified mail upon the fol- lowing individuals or agents of the parties to this Agreement: Grantor: Bar/X Ranch, LLC C/O Gary Finkel Gumbiner Savett, Inc. 1723 Cloverfield Blvd Santa Monica, CA 90404 Phone: (310) 828-9798 Facsimile: (310) 829-7853 Grantee: City of Aspen Attn: City Attorney 130 S. Galena St. Aspen, Co. 81611 Phone: 970-920-5055 Facsimile: 970-920-5119 Copy to: Herbert S. Klein, Esq. Klein, Cote & Edwards, LLC 201 N. Mill St. #203 Aspen, Co. 81611 Phone:970-925-8700 Facsimile: 970-925-3977 3.5 Waiver A waiver by any party to this Agreement of the breach of any term or provision of this Agree- ment shall not operate or be construed as a waiver of any subsequent breach by either party. 3.6 Binding Effect The parties hereto agree that this Agreement, by its terms, shall be binding upon the succes- sors, heirs, legal representatives, and assigns thereof and shall constitute covenants running with the lands within the Stage Road PUD and, to the extent required to carry out certain terms of this Agreement relating to the conditions of the development of Burlingame Ranch, at such time as the final development order for its first phase and any plat map related thereto, is recorded. 3.7 No Third Party Beneficiaries It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Developer and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person. It is the express intention of the City and De- veloper that any person other than the City, or Developer receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 3.8 Additional Documents or Action The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. Stage Road Planned Unit Development/Subdivision 29 I IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII II II11515890 Page: 28 of 226 10/07//20005 12 : 58F 3.9 Execution in Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 3.10 Paragraph Captions The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 3.11 Severability Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision. ARTICLE 4: Enforcement 4.1 Governing Law - Contractual Relationship - Venue - Attorney Fees This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity as a contractual obligation. Thus, this Agreement is intended to provide a contractual relationship between the City and the Developer to ensure compliance with all rights and requirements contained herein. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie in the District Court for Pitkin County, Colorado, and be construed pursuant to the laws of the State of Colorado. The prevailing party in any litigation concerning this Agreement shall be awarded its reasonable attorney's fees and costs of litigation. 4.2 Developer's Remedy for Default by City — General In the event that, any action herein required is not taken by the City, then Developer's rem- edies for the breach hereof may include the right to reimbursement for Developer's costs and fees, including reasonable attorney fees, incurred in the performance of any acts required of City hereunder and all the costs and damages incurred as a result of City's breach, and any attorney fees incurred to perform defense obligations of City. To the extent available at law or in equity, in the event of a default in this Agreement by City, Developer shall also have the right to pursue specific performance of City's obligations hereunder. 4.3 Developer's Remedy for Default by City - Failure to Provide Roads and Utilities In the event the breach by City is its failure to extend road or utility service and facilities to the Stage Road PUD as and when required by this Agreement, the Pre -Annexation Agreement and its amendments or the WSA, Developer's remedies shall include the right to obtain a Court order requiring that City convey to Developer, easements over, under and across City's property and/or along its existing utility facilities where such easements are necessary for Developer to construct and maintain the utilities that City failed to provide. Developer shall have the right to construct such utility facilities reasonably necessary to serve the Stage Road PUD in the event City does not fulfill these obligations. The foregoing remedy is in addition to all other remedies Developer may have at law or equity, including the right to damages and the remedies provided for in Section 4.2 above and any of the foregoing agreements and this Agreement. 30 PUD Control Document, Development and Vested Rights Agreement: 515890 Page: 29 SILVIADAVIS PITKIN COUNTY CO R 111111111111111111111111111111111111111111111111111111110 10//07/2005f 1226 ?58F 0 0 0.00 4.4 City's Remedy for Default by Developer In the event that the City Council determines that Developer is not acting in substantial com- pliance with the terms of this Agreement, the City Council shall notify Developer in writing specifying the alleged non-compliance and asking that Developer remedy the alleged non- compliance within such reasonable time as the City Council may determine, but not less than 30 days. If the City Council determines that Developer has not complied within such time, the City Council may issue and serve upon Developer a written order specifying the alleged non- compliance and requiring Developer to remedy the same within thirty (30) days thereafter. Within twenty (20) days of the receipt of such order, Developer may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance, which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to con- sider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evi- dence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such noncompliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City Council may also grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Developer demonstrates by a preponder- ance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Developer, despite good faith efforts on its part to perform in a timely manner. In the event that Developer defaults in any of its duties as set forth herein, City shall have the right of enforcement by an action for specific performance filed in the Pitkin County District Court. 4.5 Actions Against Annexation and Development In the event that any person, corporation, special district, municipal or county government, or any other entity or person asserts any claim against the City, its officials, or employees pursu- ant to the provisions of the Colorado Municipal Annexation Act, C.R.S. § 31-12-101 et seq., or asserts any other claim, based on any theory of law whatsoever, challenging the rezon- ing and development of the Stage Road PUD or the approval of the Development Plan, City shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims, provided that no consent to an order voiding the annexation or settlement which adversely affects the Developer's rights hereunder or under any development approvals contemplated hereby, shall be entered into without Developer's written consent. City's defense of any such action(s), shall also include the vigorous defense, at its sole cost, of the interests of the De- veloper. If by reason of such suit this Agreement is found to be void or unenforceable, then as between City and Developer, this Agreement shall become null and void, and if at such time Stage Road Planned Unit Develop ment1Subdivision —-- --- 31 �!�I11111111111111111111111111111111111111Page:0/0 8g05 ©f12226 :58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 0 0.00 the annexation of the Stage Road PUD has already occurred, City shall, upon a petition for de -annexation submitted by Developer, approve the de -annexation of the Stage Road PUD and, if the 20 Acre Parcel has been conveyed to the City then City shall re -convey the 20 Acre Parcel to the Developer. ENTERED INTO the day and year first above written. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. Developer: Bar/X LLC, a Colorado Limited Liability Company -)- L, By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, as Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) Acknowledged before me this 22-day of September 2005, by Gary Finkel in his capacity as Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, and Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. 4 4 JYO"k-/ Notary nw►IEiICweRAN commwrort an • 150010% Notary Ar 340 - caNNa z My commission expires: )��y /7 Z_008' laArawncaunty 01MVco i4174 A. a21X*, ?a,� �4,�141 F' •' Q h. 'k- 4Wat ; .� r ..tea... � ..-.; . 32 Document, Development and Vested IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 0: 32 7/2005 1 of22sac SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 City: CITY OF ASPEN, COLORADO, a Colorado municipal cornnraflni 0 4�i �� 4 L .i? Kathryn S. / City ✓L .%/� rk '• • •FORM: ,orWgter, City Attorney STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The above and foregoing document was acknowledged before me this a'�SA day of September, 2005,bby 4edsi 1 K(ad eCLJ as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a Colorado municipal corporation. Witness my hand and official, My commission expires: (J Public _t �pGY4 VO — Plan — -- — - —... Stage Road ned- Unit DevelopmenUSubdivision 33 �11I111111111111111111111111111111111111111111111890 0/0 //20005532f 12226 :58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Index of Exhibits Exhibit A TheProperty.............................................................................................................35 Exhibit A-1 Dimensional Allowances...........................................................................................37 Exhibit PAG-1 The Pre -Annexation Agreement Exhibit DR-1 TheDesign Regulations..........................................................................................115 Exhibit ADU-1 City of Aspen ADU regulations as of June 1, 2000..................................................150 Exhibit FA-1 City of Aspen Floor Area Regulations as of June 1, 2000.......................................154 Exhibit SWD Special Warranty Deed for Conveyance of 20 Acre Parcel.....................................158 Exhibit AL-EAS-1 Agricultural Lands Conservation Easement 165 Exhibit MCC-EAS-1 Maroon Creek Canyon Conservation Easement.....................................................183 Exhibit EAS-1 Stage Road Access and Utility Easement ...................................... Exhibit RSU-1 Revised Shared Utilities Plan..................................................................................223 34 PUD Control Document, Development and Vested Rights Agreement: 1111111 11� 11111111111111111111111111111111111 33//200055r12226 :58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Table of Contents Recitals................................................................................5 1 General Provisions, Definitions and Purposes.....................6 1.1 The Property..........................................................................6 1.2 The Development Plan............................................................6 1.2.1 The Development Plan Defined............................................6 1.3 Effects of PUD......................................................................7 1.4 The Purpose..........................................................................7 1.5 The Development..................................................................7 1.6 Name....................................................................................7 1.7 Authority................................................................................7 1.8 Amendments........................................................................7 2 Development Requirements and Restrictions .....................8 2.1 Zoning and Regulatory Approvals........................................8 2.1.1 Resolution and Ordinance of Approval................................8 2.1.2 Entitlements and PUD variations............................................9 2.2 Exactions and Restricted Lands..........................................15 2.2.1 20 Acre Parcel....................................................................15 2.2.2 Conservation Easements - Fathering Parcel ......................16 2.2.3 Conservation Easements -Back Bowl& Burlingame Ranch..16 2.2A Trails...................................................................................17 2.2.5 Transportation Demand Management/PM10 Mitigation .......17 2.2.6 Property Tax Valuation.........................................................18 2.2.7 School Land Dedication Fees...........................................18 2.2.8 Park Development Impact Fees...........................................18 2.3 Subdivision Improvements.................................................18 2.3.1 Roads -Common Access Drives; Sidewalk, Curb&Gutter ... 18 2.3.2 Utilities.................................................................................19 2.3.3 Cost Sharing and Reimbursement for Shared Utilities ........... 22 2.3.4 Cost of Subdivision Improvements......................................23 2.3.5 Financial Assurances..........................................................23 2.4 General Development Conditions....................................24 2.4.1 Protective Covenants - Stage Road PUD HOA ..................24 2.4.2 Design Guidelines..............................................................24 2.4.3 Drainage.............................................................................24 2.4.4 Air Quality............................................................................24 2.4.5 "Green" Construction...........................................................24 2.4.6 Exterior Lighting.................................................................25 2.4.7 Work in Public Rights-of-Way..............................................25 2.4.8 Damage to Public Rights-of-Way........................................25 2.4.9 Construction Hours..............................................................25 Stage Road Planned Unit Development/Subdivision IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII111111111 a058005 12:58F 0 D 0.00 3 Table of Contents 2.4.10 Construction Management Plan..........................................25 2.4.11 Infrastructure and Removal of Fill...........................................25 2.4.12 Erosion Control........................................................................25 2.4.13 Street Impact Fees.................................................................25 2.4.14 Storm Sewer..........................................................................26 2.4.15 Improvement Districts............................................................26 2.4.16 Fire Protection.......................................................................26 2.4.17 Gates and Fencing.................................................................26 2.4.18 Dog Restriction - Stage Road PUD..........................................26 2.4.19 Building Permit/Access Infrastructure Requirements .............27 2.5 Vested Rights..........................................................................28 3 Miscellaneous Provisions.......................................................28 3.1 City Acknowledgement of Developer's Reserved Rights ......28 3.2 Recording...............................................................................28 3.3 Amendment............................................................................29 3.4 Notices....................................................................................29 3.5 Waiver.....................................................................................29 3.6 Binding Effect.........................................................................29 3.7 No Third Party Beneficiaries....................................................29 3.8 Additional Documents or Action.............................................29 3.9 Execution in Counterparts......................................................30 3.10 Paragraph Captions..............................................................30 3.11 Severability.............................................................................30 4 Enforcement...........................................................................30 4.1 Governing Law: Contractual relationship -Venue ...................30 4.2 Developer's Remedy for Default by City...............................30 4.3 City Failure to Provide Roads and Utilities .............................30 4.4 City's Remedy for Default by Developer .............................31 4.5 Actions Against Annexation and Development ......................31 Exhibits Exhibit A: The Property.......................................................35 Exhibit A-1: Dimensional Allowances.....................................37 Exhibit PAGA: The Preannexation Agreement .......................38 Exhibit DR-1: The Design Regulations...................................115 Exhibit ADUA: City of Aspen ADU Regulations 6/1/2000 ...150 Exhibit FA-1: City of Aspen FloorArea Regulations 6/1 /2000.154 Exhibit SWD: Special Warranty Deed - 20 Acre Parcel ......158 Exhibit AL-EAS-1: Agricultural Conservation Easement .....165 Exhibit MCC-EAS-1: Maroon Creek Conservation Easement ..165 Exhibit EAS-1: Stage Road Access and Utility Easement ...201 Exhibit RSU-1: Revised Shared Utilities Plan ......................223 4 - PUD Control Document, Development and Vested Rights Agreement: IIIIIIIllllllllllllllllllllllllllllllllllllllllllllllll//200055f12:58F t 0 EXHIBIT A: The Property A parcel of land situated in Sections 2 & 11, Township 10 South, Range 85 West of the 6th Principal Meridian, County of Pitkin, State of Colorado. Said parcel of land being more particularly described as follows: Beginning at a point on the northeasterly Right - of -Way line of Colorado State Highway No. 82 (Project Number:0821-051 Unit 1) said point being the northeasterly corner of parcel number 120, Project Code 12269 of the Colorado Department of Transportation, whence the 1/4 comer common to said Sections 2 & 11 bears N. 10°21'54" E., 708.68 feet being a found 1954 B.L.M. Brass Cap in place; thence along said northeasterly Highway Right -of -Way line N.60"10'52"W., a distance of 178.00 feet to a point on the boundary line of Golf Course Parcel A, as shown on the Final Plat and P.U.D. for Maroon Creek Club, recorded on Plat Book 33, Pages 4 through 15 of the Pitkin County Records; thence leaving said northeasterly right- of-way line along the boundary line of said Golf Course Parcel Athe following nine (9) courses: 1) N.01 "48'31"E., a distance of 915.83 feet, 2) N.35"31'27"W., a distance of 725.00 feet, 3) N.08-06'25"E., a distance of 762.37 feet; 4) S.88"59'33"W., a distance of 228.21 feet; 5) S.89°08'18"W., a distance of 156.94 feet; 6) S.88"56'55"W., a distance of 144.94 feet; 7) S.88"41'56"W., a distance of 136.14 feet, 8) S.89"42'25"W, a distance of 189.99 feet; 9) N.87°18'47"W., a distance of 5.97 feet to an existing fence line and fence line extended; thence following said fence line and fence line extended the following five (5) courses: 1) N.01 "01'58"E., a distance of 203.59 feet, 2) N.02"02'27"E., a distance of 109.93 feet; 3) N.00"19'27"E., a distance of 298.14 feet; 4) N.00"41'53"W., a distance of 62.14 feet; 5) N.02°29'43"E., a distance of 13.40 feet, to a point on the northerly boundary of that property described in book 181 at page 320 of the Pitkin County records; thence leaving said fence line and fence line extended N.86"29'41"W., along said northerly boundary 6.05 feet, to the easterly boundary of Lot 1, Burlingame Ranch Subdivision recorded in Plat Book 50 at page 89 of the Pitkin County records; thence along said northerly boundary along the easterly boundary of said Lot 1, Burlingame Ranch the following seven (7) courses: Stage Development/Subdivision 1) N.02"52'36"E., a distance of 165.48 feet; 2) N.00"30'26"W., a distance of 243.17 feet; 3) N.18°16'57"W, a distance of 80.12 feet; 4) N.22°43'41"W, a distance of 384.52 feet; 5) N.00"34'07"E., a distance of 57.52 feet; 6) N.03"02'50"E., a distance of 688.34 feet; 7) N.12°39'27"E., a distance of 105.85 feet, to a point on the Southerly boundary of parcel 2 Park Trust Exemption Map as recorded on plat book 10, page 5A of the Pitkin County Records; thence S.88°15'47"E., along the southerly boundaryof said Parcel 2 a distance of 6.86 feet to a point on the boundary of that property described in the quick claim deed recorded as Reception No. 466499 of the Pitkin County records; thence along the boundary of said quick claim deed the following fifteen (15) courses: 1) N.13"50'57"E., a distance of 114.73 feet; 2) N.12"44'56"E., a distance of 284.79 feet; 3) N.12"34'48"E., a distance of 263.95 feet; 4) S.59°34'09"E., a distance of 69.27 feet; 5) 179.45 feet along the arc of a non -tangent curve to the right, having a radius of 1,000.00 feet, a central angle of 10°16'53", (chord bears S.27°38'40"E. a distance of 179.21 feet; 6) S.07"11'09"E., a distance of 50.03 feet; 7) S.21 "18'17"E., a distance of 44.53 feet; 8) S.05"31'10"W., a distance of 32.00 feet; 9) S.10"32'00"E., a distance of 45.00 feet; 10) 76.23 feet along the arc of a curve to the left having a radius of 40.00 feet, a central angle of 109"11'30", (chord bears S.65"07'45"E. a distance of 65.21 feet); 11) S.25°20'41"E., a distance of 42.24 feet; 12) S.35"09'29"E., a distance of 43.07 feet; 13) S.20"30'32"E., a distance of 50.20 feet; 14) S.27"41'19"E., a distance of 17.40 feet; 15) S.04-08'52"W., a distance of 135.85 feet to a point on the northerly line of Government Lot 7, of said Section 2; thence S.88"15'48"E., along the northerly line of said Government lot 7 a distance of 1033.90 feet to a point on the West Bank of Maroon Creek as referenced in deed recorded in Book 166 at Page 481 of the Pitkin County Records, thence along said deed described above and being 25.00 feet westerly of and parallel to said West Bank of Maroon Creek the following sixty-one (61) courses: 1) S.47"16'56"E., a distance of 93.51 feet; 2) S.40"44'00"E., a distance of 99.92 feet; 3) S.43"12'00"E., a distance of 75.48 feet; iIIIIIINII�VIMIINI�V'MIpIMI 515890 Page: 36 of 226 10/07/2005 12:58r 00 D 0.00 35 4) S.26"40'59"E., a distance of 51.42 feet; 5) S.29"29'19"E., a distance of 82.66 feet; 6) S.44"11'50"E., a distance of 78.16 feet; 7) S.70°00'04"E., a distance of 104.72 feet; 8) S.50°38'15"E., a distance of 27.37 feet; 9) S.01"16'48"E., a distance of 56.82 feet; 10) S.29°58'10"W., a distance of 34.56 feet, 11) S.76-08'32"W., a distance of 43.65 feet; 12) S.00"46'52"W., a distance of 118.50 feet; 13) S.24"51'14"E., a distance of 92.53 feet; 14) S.07°32'08"E., a distance of 36.99 feet; 15) S.52°15'52"E., a distance of 34.18 feet; 16) S.11"19'08"E., a distance of 79.45 feet; 17) S.40"07'51-E., a distance of 160.49 feet; 18) N.82°30'12"E., a distance of 92.23 feet; 19) N.66"41'51 "E., a distance of 24.39 feet; 20) S.12°48'00"E., a distance of 170.52 feet; 21) S.06"11'13"W, a distance of 83.10 feet; 22) S.07"05'08"E., a distance of 34.83 feet; 23) S.00"01'32"W, a distance of 45.24 feet; 24) S.18"54'49"E., a distance of 72.69 feet; 25) S.10"58'43"E., a distance of 75.11 feet; 26) S.13"40'31 "W., a distance of 47.18 feet; 27) S.04"17'31"E., a distance of 66.15 feet; 28) S.08"20'24"E., a distance of 136.42 feet; 29) S.04"29'56"W, a distance of 65.63 feet, 30) S.05°54'39"E., a distance of 34.46 feet; 31) S.20"50'18"W., a distance of 88.41 feet; 32) S.02°09'35"W., a distance of 28.08 feet; 33) S.53°23'59"W., a distance of 34.41 feet; 34) S.12°35'25"W, a distance of 60.60 feet; 35) S.15°11'24"W, a distance of 30.24 feet, 36) S.14"51'24"E., a distance of 30.10 feet; 37) S.30°36'56"E., a distance of 49.45 feet; 38) S.33°44'33"E., a distance of 31.40 feet; 39) S.25"57'56"E., a distance of 65.95 feet, 40) S.15"52'18"E., a distance of 72.55 feet; 41) S.07"20'49"W, a distance of 27.44 feet; 42) S.45"10'43"W, a distance of 20.69 feet, 43) S.32"45'51"W, a distance of 51.58 feet; 44) S.02°19'30"E., a distance of 36.47 feet; 45) S.08°50'53"W., a distance of 19.54 feet; 46) S.08"15'44"E., a distance of 25.11 feet; 47) S.13"20'02"E., a distance of 27.03 feet; 48) S.31 °23'52"E., a distance of 113.34 feet, 49) S.00"17'56"E., a distance of 19.09 feet; 50) S.14"06'53"W, a distance of 60.96 feet; 51) S.11 °55'16"E., a distance of 57.16 feet; 52) S.08°07'37"W., a distance of 5.56 feet; 53) N.39"20'13"W., a distance of 21.47 feet; 54) N.86"08'02"W., a distance of 47.08 feet; 55) S.53°19'46"W, a distance of 28.16 feet; 56) S.76"07'57"W, a distance of 36.92 feet; 57) S.12"43'14"W, a distance of 40.76 feet; 58) S.32"41'52"W., a distance of 99.52 feet; 59) S.01 "29'59"E., a distance of 44.65 feet; 60) 233.57 feet along the arc of a non -tangent curve to the left, having a radius of 400.00 feet, a central angle of 33'27'25", (chord bears S.03"31'23"E. a distance of 230.27 feet; 61) S.20"15'05"E., a distance of 63.49 feet to a point on the northerly line a parcel of land recorded in Book 228 at Page 590 of the Pitkin County records; thence N.89"07'44"W., along said northerly line a distance of 156.24 feet; thence leaving said northerly line along the perimeter of a strip of land, described in Book 166 at Page 481 the following nine (9) courses: 1) N.05"18'1 FIE., a distance of 234.07 feet; 2) N.06°23'45"W., a distance of 252.08 feet; 3) N.07°28'45"W, a distance of 150.60 feet; 4) N.01°14'15"E., a distance of 175.63 feet; 5) S.89"09'40"W., a distance of 30.02 feet; 6) S.01"14'15"W., a distance of 176.82 feet; 7) S.07°28'45"E., a distance of 152.60 feet; 8) S.06"23'45"E., a distance of 248.72 feet; 9) S.05"18'15"W., a distance of 233.33 feet to a point on the northerly line of said parcel of land recorded in Book 228 at Page 590; thence along the northerly and westerly lines of said parcel the following five (5) courses: 1) N.89°07'44"W., a distance of 143.39 feet; 2) S.06"13'16"W, a distance of 267.36 feet; 3) S.14"07'16"W., a distance of 112.67 feet; 4) S.11 °25'16"W., a distance of 77.29 feet; 5) S.27"06'16"W., a distance of 125.08 feet to a point on the boundary of the 4th amended aspen golf course subdivision recorded on plat book 63 at pages 62 through 65 of the Pitkin County records, thence along the boundary of said 4th amended aspen golf course subdivision the following six (6) courses: 1) N.89"20'26"W., a distance of 3.41 feet; 2) S.21 "09'56"W., a distance of 624.39 feet; 3) S.00"24'34"W, a distance of 158.79 feet; 4) S.00"59'34"W, a distance of 84.56 feet; 5) S.06°32'41 "W., a distance of 164.07 feet, 6) S.25"03'34"W., a distance of 7.70 feet to the point of beginning; Said parcel of land containing 146.005 acres, more or less. County of Pitkin, State of Colorado 36 PUD Control Document, Development and Vested Rights Agreement: IIIII IIIIII 1111111111111111111111111111111111111 0058000©f12:58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 EXHIBIT A-1: DIMENSIONAL ALLOWANCES O J 0 P to O O�O c o 0 0 0 0 o 0'0 0 0 Op, G 00 00 0 0 0 0 0 0 0 0 0 0 p0 O Q y i V n yQ .._.._... ......L........ ..... __ K `o I I II v fro ° U p 0 o O,O o 0 0�0 O O tob-0 O O O O O O�O 0 0 O' 2 O O O O O O O O O O O O 0 0 pl 0000 m m m u S II U T II Ci — W C E Y N m m m N w N a o 0 N mO m O nV 0 O, V NNV 0).V mC)iO.N OI m.NN�.00i r ce! L+i aona�vio� b V mtN°i.._,- o Im O V V.n vmm• . m O m l0 O m m fV � N U� Ol i0 l� N Y C m � N N 7 1 I ILL K « LL,, R o E��m g�d ZQ y t � Nm v L° m'�.n m O m. III { o � =0 t- J N IL IL I,J J J J JIJ J J J J J J,LL U LL f 0 Q U m W w U 10 a N N C O O C R C � > E L U E E y X X L N E E T ° y r j E c OZ w C y O O N Q o N 3 A O V y C IG N N O p@j p. p C m m O R O ° O nL ° m m m m O n C Y N d Ol 0 O w EEC fir`^ A ar>; c° o EEg' c,c c"v mmwWW uim „ EELL E c c rn p rn E my �0m—'3>yc `d y OE N C in m DO W'K v n 0 E. o �O N N� Of W 3 m a H'� d aQ�w d In O« T d O. N .� O. m "O QQ m o�ci E c°ii a�i jc� aJ Nall `N 0 Q m N p !+ O] OIJ O V a E � y c C C Ip N M Q ...: �• o odd cc m �cv3rna:? aEia M d A c d 'aj E ttL IO O'O W N O.Q�fi Fn M= ° $ co E� ' Q E A E 0 E E E E a E I IS O z U«>>> a' 0— N C z°`aacu E giIO 2 Stage Road Planned Unit Development/Subdivision 37 II IIII II II IIIII III III I II II I I I I) III 515890 f O12?58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 EXHIBIT PAG-1: Fourth Amended and Restated Preannexation Agreement 38 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111 1 07890012?58F Recording Requested By, And When Recorded Mail To: Herbert S. Klein, Esq.. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and The City of Aspen This document is a component of the Final Approval of the Stage Road PUD/Subdivision, 2005 Stage Road Planned Unit Development/Subdivision 39 �1111111111111111111� 11 111 1111III 8g©f 12226 :58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 1111111111111111111111111111111111111111111111111111111 This page intentionally left blank 515890 Page: 41 of 226 10/07/2005 12:58; 00 0 0.00 2 Fourth Amended and Restated Preannexation Agreement: BarlX Ranch LLC and Ciry of Aspen PUD Control Document, Development and Vested Rights Agreement: Index Section Page Amenclecil & Restated Preannexation Agreement 5 Recitals & Representations _ 5 The Development Plan 1 -6 _ _ Development Parcel _ 1.A 6 Boundary Line Adjustments _ 1.A.1 7 Lease 20 Acre Parcel _ _ 7 - _ _-- _ Zoningof Property p rty proposed for Annexa0on_ _7_._A.2_ _ 1.B 7 _ _ Development Rights - _ 1.0 - 7 Free Market Lots 1.C.1 8 Free Market Lots - FAR t.C.2 _ 8 Free Market Lots - sizes, landscaping, etc. 1.C.3 8 _ _Free Market Lots -Accessory Dwelling Units 1.C.4 9 Free Markel Lots Maroon Creek Viewplane 1.C.5 _ 9 The Fathering Parcel 1.C.6 9 Fencing The Cabin 1.C.8 10 Vested Rights 1.C.9 11 Further Subdivision 1.C.10 11 _ _ Vacation of Stage Road -_ 1.C.71 11 Ranch Managers RO Lot 1.C.12 11 _ _Water Rights 1.C.13 12 Transportation Demand Management — _ 1.C.14 _ _ 12 Green Construction t.C.15 13 Affordable Housing Development Obligations 1.D 13 Conservation Easements on Burlingame Ranch _— _- __.. LE 13 Dogs IT 14 Parks and Play Fields 1.G 14 __Joint Planning of the Property to be Annexed 1.H 14 -_ City,$ Costs _ 1.H.a 14 Joint Costs 1.H.b -14 Conservation Easements 1.H.c 15 Public Trails 1.H.d 16 Cost of Roads, uhiries, and Trails 1.H.e 16 Access and Utility Easements 1.H.f 17 Schedule for Annexation _._ 2 18 - _. Landowner's Obligation 3 _- 19 City's Obligation _ 4 20 Ci 's Obligation with respect to Annexation 4.a 20 City's Oblation mith respect to Access 4.b 20 Landowner's Remedy for Default by City 5 20 City's_ Remedy for Default by Landowner__ 6 21 _Waiver - _ - _— 7 _ 21 Binding Effect 8 No Third Party Beneficiaries 9 _21 21 Governing Law and Enforcement 10 22 Additional Documentsor Action 11 22 Execution in Counterparts 12 - - 22 Paragraph Captions - - _ 13 - 22 Integration and Amendment 14 22 Assignment _ 15 Severability, 16 _22 22 Recordation of Agreement:Terr Run With Land 17 22 Incorporation of Exhibits 18 23 Actions against Annexation and Development 19 23 Appeal Period 20 - 23 Title 21 23 Property Tax Valuation _- 22 24 Fourth Amended and Restated Preannexation Agreement: Bar1X Ranch LLC and City of Aspen 3 Stage Road Planned Unit Development/Subdivision 41 �111 11111111111111111� III 111� I1�1�111 51589 Page: 42 0/0 //2000©f 12226 :58P SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Section 30 Exhibit D: Utility Location Map 34 Exhibit E: Intentionally Left Blank 35 Exhibit F: Water Service Agreement 37 I reatea Water Service to Project 1 40 City Water Policies 2 41 Limitation of Time to Provide Service 3 41 Design of Mains, Lines and Facilities 4 42 Cost Allocation and Design Dispute Resolution 5 42 conveyance of Water Rights and Structures 8 43 Easements 9 45 Water Balance for Private Project Component 10 45 Reimbursement by Landowner 11 46 Treated Water Service 12 46 _ Limitations on Provision of Water Service 15 47 Service Subject to City Charter Codes Regulations 16 47 Rules Regarding Water Use 17 48 Source of Water Supply 18 48 No Guaranty of Water Quality, Quantity or Pressure 19 48 and Treated Termination if Illegal 25 50 No Regulated —Public Utility Status 26 50 No Waiver 27 51 4 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 42 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111Page: 43 0/0 //2000©f 12226 :58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 0 0.00 FOURTH AMENDED AND RESTATED PRE -ANNEXATION AGREEMENT: BAR/X RANCH THIS FOURTH AMENDED AND RESTATED PRE -ANNEXATION AGREEMENT ("Agree- ment") is entered into and made on , 2005, by and between the City of Aspen, a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611, hereinafter referred to as the "City"; and Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611, hereinafter referred to as "Landowner". This Agreement shall become effective following execution by the Landowner and upon approval by the City Council of the City of Aspen evidenced by a duly approved resolution and by the execution of the Agreement by either the City Manager, Mayor, or Mayor Pro-Tem. RECITALS AND REPRESENTATIONS WHEREAS, the Landowner and City have previously entered into a Pre -Annexation Agree- ment, executed by City on May 21, 2001 for the Landowner's property known as the Bar/X Ranch; and a First Amendment to Pre -Annexation Agreement dated December 17, 2001; a Second Amendment to Pre -Annexation Agreement executed by the City on February 19, 2003; and, a Restated and Amended Pre -annexation Agreement dated January 16, 2004 (col- lectively, the "Prior Agreements"); and WHEREAS, City and Landowner desire to make further amendments to the Prior Agreements, all to be incorporated herein and referred to herein as the "Agreement" for the convenience of the parties which shall supersede the Prior Agreements in their entirety; and WHEREAS, the Landowner represents that it comprises 100% of all owners of a parcel of land commonly known as the Zoline Ranch, being more particularly described in Exhibit A appended hereto and incorporated herein by this reference ("Property Proposed to be An- nexed" or "-/X Ranch"); and WHEREAS, the Property Proposed to be Annexed is more than 1/6 contiguous with the ex- isting City boundaries and is otherwise eligible to be annexed into the municipal boundaries of the City in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, et seq.; and WHEREAS, the City and Landowner believe that it is in the best interests of the citizens of the City of Aspen and Landowner that the development of portions of the City owned Burlingame Ranch and the Property Proposed to be Annexed be cooperatively planned by the parties, and WHEREAS, the Development Plan described in this Agreement and the rights granted to the Landowner hereby will assist in the creation of affordable housing, open space and a reduc- tion in free market residential density below that which would otherwise be likely to be devel- oped on the -/X Ranch, thus fulfilling high priority goals of the City; and Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 5 Stage Road Planned Unit Development/Subdivision 43 89Dfz?s1111111111111I11II111 II18r SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 WHEREAS, Landowner and City desire to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen on condition that all of the terms and conditions of this Agreement are met, and WHEREAS, the parties hereto desire to submit a joint development proposal and application to the City's Community Development Department for processing pursuant to the City's Land Use Code; and WHEREAS, the parties hereto desire to condition the annexation proposed herein and the execution of the Development Plan as described herein on the granting of all requisite land use approvals, following public input and comment, consistent with the City's Land Use Code; and WHEREAS, the City is a home rule municipality of the State of Colorado and is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and WHEREAS, the Landowner is, in accordance with C.R.S. Section 31-12-102, legally capable of submitting a Petition to Annex in a form substantially the same as Exhibit C appended hereto. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS AGREED AS FOLLOWS: 1 The Development Plan The parties agree that the following description of the proposed land use for portions of the Landowner owned -/X Ranch and City owned Burlingame Ranch ("The Development Plan") constitutes the desired result of this Agreement as it sets forth the best land use for the Prop- erty Proposed to be Annexed and in the best interest of the City of Aspen. The parties believe that the Development Plan as set forth herein is consistent with the City of Aspen Land Use Code and the Aspen Area Community Plan. In the event Landowner has obtained Final Plat approval for the Free Market Component (defined below) prior to the time City has obtained Final Plat Approval for the Affordable Housing Component (defined below), then, the refer- ences in paragraphs 2 e, f and g and paragraph 19 of this Agreement which refer to the De- velopment Plan shall mean the Free Market Component of the Development Plan. 1.A Development Parcel The parcel of land to be developed is depicted graphically in Exhibit B appended hereto and shall consist of the -/X Ranch plus a portion of the Burlingame Ranch lying East of Highway 82, less the areas of Burlingame Ranch known as Parcel B (MAA Housing) and Parcels C, and D, the exact size to be determined during final planning and design phases. A parcel from the -/X Ranch consisting of approximately 21.5 acres ("20 Acre Parcel"), the exact size and location to be determined during final planning and design, but substan- tially in the location as shown on Exhibit B, shall be conveyed by warranty deed by Land- owner to City following the recording of a subdivision plat for the Free Market Component (defined below) consistent with the Development Plan as it pertains to the Free Market Component and upon expiration of the Appeal Period as defined at Paragraph 20 of this 6 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 44 -pubControl Document, Development and Vested Rights Agreement: 1111111111111111111111111111111 8©0 f�111111111111111111258F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Agreement. City has inspected the acres to be conveyed to the City and deems them suit- able for construction of affordable housing as contemplated herein. Notwithstanding the foregoing, a small portion of the 20 Acre Parcel which was acquired by Landowner in a quiet title action and which is described on Exhibit T-A, attached hereto and incorporated herein by this reference, shall be conveyed without warranty. 1.A.1 Boundary Line Adjustments The parties agree that they will cooperate with each other and quit claim small strips of land as necessary to establish the boundary between the Ranch and the Burlingame Ranch as the existing fence line. 1.A.2 Lease of 20 Acre Parcel Subsequent to the conveyance to City of the 20 Acre Parcel and prior to commence- ment of development activities on it for the Affordable Housing Component (defined below), Landowner shall have the right to lease the 20 Acre Parcel from the City for agricultural purposes. The rental amount shall be at prevailing rates for grazing and crop production land. Any such lease shall terminate at such time as City commences development of the Affordable Housing Component on the 20 Acre Parcel. During the term of such lease Landowner shall be entitled to use the water rights appurtenant to the 20 Acre Parcel to maintain its historic irrigation. 1.13 Zoning of Property Proposed for Annexation Subject to all applicable processes and approvals, the parcel of land proposed for devel- opment shall be zoned as follows: Affordable Housing/Planned Unit Development (AH/ PUD) pursuant to Section 26.710.110 of the Aspen Land Use Code, as amended from time to time, for most of the land within the Free Market Lots; zoning for (P) Public zone district uses (with a PUD designation) and a Specially Planned Area overlay to permit the City Council to consider cultural and academic activities within the Fathering Parcel (the "Cultural Use Area"); and (C) Conservation zone district (with a PUD designation) for most of the remaining land within the Fathering Parcel. A proposed zone district map of the Free Market Component is attached hereto as Exhibit H - Proposed Zone Districts. The detailed description of the Cultural Use Area uses and any restrictions or conditions concerning them shall be determined in the Final Plat land use review process and any subsequent amendments thereto, in the sole discretion of the City. It is understood that no high intensity agricultural uses such as hog farms, feed lots or large-scale animal or food processing operations will be permitted. The parties acknowledge that the AH/PUD zone district is an incentive zone district to provide for the use of land for the production of category affordable housing and resident occupied lots and units (as defined by the Aspen/Pitkin County Housing Authority Guidelines). The parties further acknowledge that the zone district requires that affordable housing and resident occupied units must com- prise at least seventy (70%) percent of the total bedroom mix in the development (here- inafter the "Affordable Housing Component"). In addition, only thirty (30%) percent of the development's bedrooms may be located within the free market units (hereinafter the "Free Market Component"). 1.0 Development Rights The Development Plan anticipates and it is of the essence of this Agreement that the de- velopment rights and restrictions set forth below shall be applied for by the parties herein Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 7 Stage Road Planned Unit Development/Subdivision 45 1111111111111111111111111111111111111111111111111111111500 46 of 226 //2000512:58r to the City's Community Development Department pursuant to and consistent with the standards and procedures set forth in the City's Land Use Code. In the event that by December 31, 2005, or such later date as may be mutually agreed upon by the parties hereto, the Aspen City Council does not approve the requisite land use applications with terms and conditions consistent with this agreement and other conditions reasonably ac- ceptable to Landowner, this Pre -annexation Agreement shall be deemed null and void. 1.C.1 Free Market Lots Landowner shall have the right to develop a total of 12 free market lots, plus one ranch compound known as Lot F, the Fathering Parcel, and one cabin by Maroon Creek. The locations of the free market lots, the Fathering Parcel, and cabin site are shown on Exhibit B appended hereto. The right to build a cabin shall be subject, however, to Landowner being able to satisfy reasonable requirements for the provision of fire and emergency services; provided, however that due to the desire to avoid direct, year round, road access to the cabin, alternative access such as via a stairway or funicular will be permitted and in such case the cabin shall be sprinklered, a fire hydrant, hoses and other non -vehicular fire fighting equipment shall be placed at or near the cabin and the Landowner shall execute a waiver and release of claims in favor of the City and all emergency service providers for any injuries, death, or property damage which may occur due to the absence of a year round road to the cabin. 1.C.2 Free Market Lots - FAR The allowable floor area of houses, exclusive of accessory buildings, on each of the 12 lots shall be 7,500 square feet. The allowable floor area of each house may be increased to 10,000 square feet with the purchase and extinguishment of one Trans- ferable Development Right ("TDR") as such TDR's are established under the Pitkin County Land Use Code, from sending sites located within the Metro Area of Pitkin County ( lands that drain through the Roaring Fork River at Gerbazdale) and said TDR shall allow for 2500 square feet of additional allowable floor area; provided, however, that the City Council approves the specific TDR to be used for this purpose by making a finding that the proposed TDR comes from lands that drain through the Roaring Fork River at Gerbazdale. The floor area shall be measured by using the City floor area regulations for square footage inclusions and exclusions as calculated under the City code provisions in existence on June 1, 2000. A copy of such regulations is attached hereto at Exhibit I - Floor Area Calculations. In lieu of providing the TDR, a payment in the amount of $240,000.00 plus an annualized increase in said amount of 3% com- puted beginning on the first anniversary of the date of recording the Plat, may be made to the City's Housing or Open Space Fund at the sole discretion of the City in order to increase the allowable sizes of the houses up to the maximum stated herein. 1.C.3 Free Market Lots - sizes, landscaping, etc. The lot sizes within the Free Market Component shall be as shown on Exhibit B. Build- ing envelopes and areas of potential disturbance during construction activity for each parcel shall be determined during the land use approval process contemplated herein. All urban landscaping within the building envelopes shall be limited to within 100 feet of building exteriors. Landscaping, ponds, fences, and ranch, farming, equestrian and recreational uses and accessory structures associated with equestrian activities shall 8 Fourth Amended and Restated Preannexation -Agreement �BadX Ranch LLC and City of Aspen 46 PUD Control Document, Development and Vested Rights Agreement: 111111 1PI11111111111111111111111111111111111 47 //2000©f 12225 :58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 be allowed outside of building envelopes on all lots. The remainder of the land within specific Lots, but outside of building envelops shall be subject to protective covenants that limit its use to agricultural, equestrian, recreation, or open space uses or otherwise incorporated into ranch use. All lands that are subject to the protective covenants shall be limited to the above uses or shall be required to remain in their natural vegetative state. The term "natural vegetative state" may include the introduction of indigenous plant and tree species. 1.C.4 Free Market Lots -Accessory Dwelling Units Each house within the Free Market Component, other than the Fathering Parcel, shall include an Accessory Dwelling Unit (ADU) with a minimum of 600 square feet and a maximum of 1,000 square feet. Each ADU required to be constructed shall be con- structed at the same time as the construction of the house of the Free Market Compo- nent to which it is attributable. The ADU's shall be subject to the occupancy require- ments and allowances of the City's ADU regulations in effect on June 1, 2000. A copy of such regulations is attached hereto at Exhibit J - ADU Regulations. The square footage of the ADU's shall not be included in the calculation of square footage for the free market units. The ADU's may be either attached to the main residence or may be detached. The requirement to build an ADU may be exempted with the purchase and extinguishment of a Transferable Development Right (TDR) from Pitkin County or by a payment -lieu thereof in the same manner as for Free Market Units as set forth in Sec- tion 1.C.2 above. (Each purchase and extinguishment of a TDR shall be designated for use as either an exemption of the requirement to build an ADU or to increase FAR.) 1.C.5 Free Market Lots. Maroon Creek Viewplane Construction on the free market lots shall not impact the "Maroon Creek Viewplane" as depicted on Exhibit B. The purpose of the Maroon Creek Viewplane is to ensure that no rooms, decks, or lighting create an adverse visual impact as viewed from the floor of the Maroon Creek Canyon in the area below each home site. The General Declaration of Covenants, Conditions and Restrictions to be imposed upon the free market lots shall include a covenant restriction requiring, prior to construction on any such lot, a site specific analysis by a certified surveyor or engineer demonstrating that the proposed construction does not impact the Maroon Creek Viewplane. The City of Aspen shall be a beneficiary of this covenant. 1.C.6 The Fathering Parcel The Fathering Parcel shall be permitted to have one main residence, up to three (3) additional residences and one cabin. The final PUD Agreement shall contain a pro- vision that prohibits any further subdivision of the Fathering Parcel, except that the subdivision and separate parceling of the Cultural Use Area (referred to in paragraph 1.13 above) and a separate parcel for the Ranch Manager's RO Lot (referred to in para- graph 1.C.12 below) are permitted. The allowable floor area for the residences on the Fathering Parcel shall be a total of 15,000 square feet for a main residence and up to three (3) other residences. The total FAR of 15,000 square feet may be increased to a total of 18,000 square feet with the purchase and extinguishment of two (2) TDR's from Pitkin County which for purposes of this paragraph shall each allow 1500 square feet of additional allowable floor area, or at the option of the lot owner, a payment -in -lieu for each TDR as provided for in Section 1.C.2 above in order to increase the allowable Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 9 Stage Road Planned Unit Development/Subdivision 47 � 111111 1PI11111111111111111111111111111111111111111111111 090 48 of 226 //20005 12:58F sizes of the houses up to the maximum stated herein. The total FAR may be divided among the four houses at the option of Landowner. The Cabin located at the Cabin site as shown on Exhibit B, shall have an allowable floor area of 1,500 square feet. Floor areas shall be measured by using the City floor area regulations for square footage inclusions and exclusions as of June 1, 2000. See Exhibit I, attached hereto for Floor Area regulations. All non-residential ranch buildings shall be excluded in the calcula- tion of permitted floor area. City acknowledges and agrees that the rights granted hereby for development on the Fathering Parcel are exempt from the City's GMQS due to the extent of the lawful pre-existing development and residential uses on the -/X Ranch, which has "grandfathered" legal status under current Pitkin County Zoning and pursuant to the provisions of the AH/PUD Zone. Notwithstanding the above, if any existing residential unit on the Fathering Parcel is replaced with a new unit that ex- ceeds 4,000 square feet in area, then, as described in Section 4 above, an ADU shall be either constructed or be exempted by the purchase and extinguishment of a TOR from Pitkin County or by the cash in lieu payment as provided in Section 1.C.2 above in the same manner as for other Free Market Units. 1.C.7 Fencing All fencing in or surrounding the free market lots shall be of a design, type and material that is approved by the Colorado Division of Wildlife as consistent with ranch opera- tions and which does not unreasonably impede the movement of wildlife, except that fencing along Old Stage Road and fencing between the Free Market Component and the 20 Acre Parcel may be installed which protects agricultural operations, including, without limitation, the grazing of cattle and horses, and other land uses, from interfer- ence by trespassers. 1.C.8 The Cabin The site of the cabin shall be as shown on Exhibit B, which site shall be subject to Sec. 26.435.040 of the City of Aspen Land Use Code or any other provisions of said Code related to aesthetics, wildlife migration corridors, trail development, river impacts and other similar matters. Any change in the location of the cabin site may require, if applicable, its development to be reviewed and approved by the Planning & Zoning Commission pursuant to the standards of review set forth at Section 26.435.040 of the City of Aspen Land Use Code or any other applicable provisions of said Code related to aesthetics, wildlife migration corridors, river impacts and other similar matters in effect on the date of this Agreement. Landowner understands that construction of the cabin may cause unreasonable disturbance to wildlife during certain times of the year. Accordingly, Landlord agrees to limit the construction of the cabin to those periods of time determined to be reasonable by the City during the land use approval process. Following the construction of the cabin, Landowner shall be responsible for the com- plete restoration of any construction access roads or utility access easements required during construction. The lot containing the cabin shall be burdened with restrictive covenants that (i) if approved by the Fire Marshall pursuant to paragraph 1 CA above, prohibit the construction of a future access road to the cabin site; (ii) limit lighting of the cabin to periods of time when it is occupied; (iii) prohibit dogs on the cabin site at all times; and (iv) limit exterior construction to the months of July through September of each year. 10 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 48 PUD Control Document, Development and Vested Rights Agreement: I IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIII III IIII t 0 B0 89D012:58r 1.C.9 Vested Rights The land use approvals and GMQS allotments received by Landowner shall vest for a period of twenty-five (25) years or such longer time as may be allowed under any applicable law, regulation or court decision. The vested rights shall last for a period of 25 years after the date the final PUD and subdivision plat is recorded. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and the final development order for the Free Market Component. As a condition of the annexation of the -/X Ranch, the parties shall enter into a development agreement that sets forth the requisite findings to support this extension of vested rights in accordance with CRS 24-68-104(2). 1.C.10 Further Subdivision Except as permitted by paragraph 1.C.6 above, the Free Market Component, including the Fathering Parcel, shall be deed restricted in perpetuity against any further subdivi- sion, except that this restriction shall not limit an amendment to the development plan which results in residential density that is equal to or less than the density approved under this Agreement and the final development plan for the -/X Ranch. 1.C.11 Vacation of Stage Road Stage Road may be a Pitkin County Road. The City, following annexation of the Bar/X Ranch shall vacate Stage Road east of the eastern boundary of the Soldner property beyond any area required for the construction of the access road referenced at Sec- tion 1.A.1.b. above, provided, however, that adequate provisions are made to ensure that other properties served by Stage Road (Caudill and Harvey properties) are not financially harmed by any new arrangements for access to their properties and that maintenance of the road will be undertaken without additional cost to the Caudill and Harvey properties at their densities as they existed on May 21, 2001. Following the vacation of said portion of Stage Road, non-exclusive easements shall be granted for access and underground utilities to the Harvey and Caudill properties. The portion of Stage Road sought to be vacated and the location of the easements to be granted are illustrated on Exhibit B appended hereto. 1.C.12 Ranch Manager's RO Lot City shall approve one residential lot, zoned AH/PUD, contiguous to Burlingame Vil- lage on land owned by Landowner for a single Resident Occupied Unit, as shown on Exhibit B ("Ranch Manager's House'). This lot shall remain the property of Landowner, except if sold to the Ranch Manager, and shall have the right to connect to (1) the Burlingame Village public road system, and (2) adjoining Burlingame Village utilities. Landowner shall have the right to use this lot in any manner allowed by the City of Aspen Municipal Code and the Aspen/Pitkin County Affordable Housing Guidelines, including retaining or disposing of title provided that the lot is occupied by an employee engaged for employment on the -IX Ranch. Before the recordation of the final Plat, Landowner shall prepare for the City Attorney's review, a deed restriction consistent with this paragraph to be recorded for this RO unit. Said RO unit shall not be counted towards the 330 units proposed as part of the Affordable Housing Component of the project. The cost of building the RO unit shall be bome entirely by Landowner, includ- ing the cost of any utility lines such as water, electric, cable, etc. Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 11 Stage Road Planned Unit DevelopmenUSubdivision 49 ISIIIIIIIIIIIIIIIIIIIIIII1101IIIIIIIIIIII111111IIII1111090 /20005 12:58F 1131 0 D 0.00 1.C.13 Water Rights The Free Market Component, including the Fathering Parcel and Resident Owned Ranch Manager lot, and the Cabin, shall receive City water in accordance with the Water Service Agreement appended hereto as Exhibit F. Among other things, the Wa- ter Service Agreement provides that Landowner shall convey to the City (in a form acceptable to the City Attorney) certain water rights described on Addendum 1 (the "Dedicated Water Rights" and the "Dedicated Raw Water Rights.") Such conveyance shall be a prerequisite to provision of water service pursuant to the Water Service Agreement. The City and Landowner agree that said water rights are believed to be sufficient in quantity and quality to allow the City to divert a quantity of water which is necessary, without administrative curtailment, to meet the amount of water required for treated water needs of the Free Market Component, including the Fathering Parcel, Resident Owned Ranch Manager lot, the Cabin and the raw water requirements for irrigation of the open space associated with the Affordable Housing Component, as conditioned and described in further detail in the Water service Agreement attached hereto. Notwithstanding the foregoing, the cabin shall have the right to be served by an individual well and if such well is provided, the water rights otherwise attributable to the Cabin need not be conveyed to the City, or if they have been conveyed prior to the time said well is put to beneficial use, then such rights shall be reconveyed by City to landowner. There shall be no material enlargement of historic water use on the Property to be Annexed. The parties acknowledge that there may be reconfiguration of areas irrigated, means of irrigation, and water uses. Landowner shall be solely responsible for obtaining any water rights, changes of water rights, and augmentation plans necessary to permit storage of water for any require- ments or needs of the Free Market area. In connection with its conveyance of water rights to the City, Landowner shall contem- poraneously convey to the City (in form mutually acceptable to the City Attomey and Landowner) a proportionate interest in any ditches, flumes, headgates or other struc- tures and easements, or rights therein, necessary to utilize such water rights. Such conveyance shall be a prerequisite to provision of water service to the Subject Prop- erty. Landowner will also contemporaneously provide to the City all information in its possession, or available to it, regarding the historic use of said water rights, including well pumping records, diversion records, irrigation records, aerial photographs, affida- vits, and all other available information concerning the use of said water rights. City shall, through the Willow and Herrick Creek Ditch Company or by other means agreeable to both parties, pay its fair share of operating, maintenance, management, professional and legal costs associated with the provision of surface irrigation water to the 20 Acre Parcel through the Willow Creek Ditch and other distribution ditches. 1.C.14 Transportation Demand Management The parties hereto understand that it is the intention of each to develop a project that reduces the use of the automobile. Accordingly, it is the intention of the parties hereto to consider during the land use approval process, certain automobile disincentives programs commonly referred to as Transportation Demand Management systems (TDM's). 12 _ Fourth Amended and Restated Preannexation Agreement: Bar Ranch LLC and City -of Aspen 50 PUD Control Document, Development and Vested Rights Agreement: 11111111111111111111111111111111111111111111111111111111 510/0 89 55of 226 012:58F 1.C.15 Green Construction The construction of residences within the Free Market Component shall comply with or exceed the provisions of any ordinances adopted by City requiring environmentally appropriate construction (also known as "green" construction) techniques, materials and design, which are generally applicable throughout the City to all residential con- struction, as the same may exist from time to time. 1.D Affordable Housing Development Obligations The City shall assume all obligations and associated costs to develop the Affordable Hous- ing Component of the AH/PUD zone district. The Affordable Housing Component shall be built within the parcel to be conveyed by the Landowner to the City and within an adjacent area of the Burlingame Ranch. The affordable housing to be constructed shall be located in the general area within the acreage as illustrated in Exhibit B; the exact location to be determined during final planning and design. The City agrees that the conveyance of the acreage by the Landowner to the City and the City's obligation to improve such land and plat it into lots, fully satisfies all obligations of the Landowner to provide the affordable housing necessary to support its Free Market Component development and that such conveyance and method of satisfying such obligations fully complies with all applicable City housing and land use regulations and Aspen/Pitkin County Housing Authority regula- tions. The Affordable Housing Component shall be developed at a density of no greater than 330 units. The parties agree that the City is responsible for constructing the minimum number of affordable housing bedrooms necessary to comply with the requirements of the AH/PUD zone district, based upon the 70/30 bedroom ratio. The City retains the right, in its sole discretion to develop additional units up to the maximum of 330 units, including the required affordable units referred to above. The City's obligation to develop affordable housing units shall include a good faith effort to develop such units on a schedule commensurate with the development of free market units by the Landowner. The City shall receive a Certificate of Occupancy for three (3) affordable housing units at or before the time each free market lot development receives final building inspections, until such time as the City has developed the minimum number of affordable housing required by the AH/PUD zone district. The development of the free market residential lots shall not be delayed or hindered in any way in the event the City fails to develop the affordable housing units in accordance with this Agreement. 1.E Conservation Easements on Burlingame Ranch 1.E.1 City shall place conservation easements to the benefit of the City and the Aspen Valley Land Trust or other similar organization that prohibit further residential development on all of the Burlingame Ranch east of State Highway 82, except the De- velopment Parcel, Parcel B (the MAA housing project), Parcels C and D (US West and Ventnor Avenue Housing projects) and a 150 foot wide strip or to the toe of the slope (whichever is wider) of the Burlingame Ranch which adjoins highway 82. The conser- vation easement shall protect open space values and its terms shall be determined during the land use approval process for the Affordable Housing Component. 1.E.2 Conservation Easements - Additional Beneficiary The consent of the owner of the Fathering Parcel shall be required for any amendment Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 13 Stage Road Planned Unit Development/Subdivision 51 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII e512 of005 1z?sar SILVIA DAVIS PITKIN COUNTY CO R 1132.00 D 0.00 to the conservation easements placed on the Burlingame Ranch by the City as con- templated by paragraph 1.E.1 above, which changes the allowed use of the areas as permitted in the conservation easements. Landowner shall be named as a beneficiary of these conservation easements in order to exercise such rights. 1.F Dogs In order to protect wildlife, ranch cattle, horses and other livestock from harassment, the General Declarations of Covenants, Conditions and Restrictions to be imposed on both the Free Market and Affordable Housing Components shall include provisions and penal- ties that prohibit dog ownership (other than farm dogs belonging to owners or employees of the Fathering Parcel and specially trained service dogs for use by visually impaired persons or persons with other medical needs.) The respective homeowners associations shall be required through appropriate covenants to vigorously enforce these restrictions. No dogs shall be allowed on the cabin site, including dogs belonging to the owners of the Fathering Parcel. 1.G Parks and Play Fields City may construct play fields, including without limitation, baseball or soccer fields, within the land conveyed by Landowner to City. The City shall neither include any such fields as part of the City's recreation program nor shall the City schedule any organized activities of the City on these fields. Members of the homeowners association shall convey title to any such fields to the homeowners association of the Affordable Housing Component with ap- propriate covenants ensuring maintenance and enforcement of regulations for their use. 1.H Joint Planning of the Property proposed to be Annexed The parties recognize that, notwithstanding their understanding regarding the develop- ment proposal and potential affordable housing obligations set forth above, additional planning and design will be required before final land use applications can be submitted to the City's Community Development Department. The parties hereto agree to coopera- tively and jointly plan and design the development of the Affordable Housing and Free Market Components of the Property Proposed to be Annexed in a manner consistent with this Agreement and the exhibits appended hereto. The parties further agree that they will perform their obligations under this agreement in a timely fashion. 1.H.a City's Costs The City shall be responsible for the cost of filing fees and preparing all documents and applications for the following: i Pre -annexation Agreement ii Annexation Petition and Plat. iii Rezoning Application for initial AH/PUD designations and zoning code amend- ments. 1.H.b Joint Costs The City and Landowner shall be jointly responsible for the cost of obtaining any site - specific development plan approvals. The City shall be responsible for those costs directly attributable to the Affordable Housing Component, and Landowner shall be re- 14 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 52 PUD Control Document, Development and Vested Rights Agreement: I IIIIII 11111111111 llllllllll11111111111111111111111111 0226 /220005f 12:58F D 0.00 sponsible for those costs directly attributable to the Free Market Component, including the Fathering Parcel. Where costs are incurred for items that are attributable to both components and cannot be directly apportioned to one or the other, the costs shall be apportioned on an equal (50/50) basis. 1.H.b.1 Notwithstanding the foregoing, Landowner shall have the right to process its development applications (including all related annexation, rezoning and land use applications) for the Free Market Component, separately from and before the City processes its development applications for the Affordable Housing Compo- nent. Provided Landowner satisfies its obligations under the Agreement and this Amendment, City shall promptly complete the land use approval, annexation and rezoning processes and execute and record all approvals and related documents therefore for the Free Market Component in accordance with the Agreement and this Amendment and City shall construct roads and utilities as required by the Agreement, regardless of whether or not the City has completed its development processes for the Affordable Housing Component. Landowner shall not be required to provide detailed engineering design of either potable water (as already agreed in the Water Service Agreement attached hereto at Exhibit F) or sanitary sewer, in its final plat submission, and all final approvals, annexation and establishment of vested rights shall not be delayed as a consequence of this. Sewer service en- gineered plans shall be prepared in the same manner and according to the same timetable as the potable water service plans described in the Water ServiceAgree- ment. The Final Plat shall show areas reserved for future easements to be granted to City for the placement of said utilities. Once the precise, as built, location of said utilities is known, easements shall be granted, twenty -feet in width for deep utilities and ten feet in width for shallow utilities, along their as built location and as speci- fied in the Water Service Agreement (attached as Exhibit F hereto). Areas reserved on the Final Plat for these easements which are larger than these widths shall be vacated. Notwithstanding the separate processing of the Free Market Component from the Affordable Housing Component, Landowner remains interested and af- fected by the development plan for the Affordable Housing Component. Therefore, Landowner shall be given notice of all meetings, public hearings and work ses- sions concerning the development plan for the Affordable Housing Component and an opportunity to provide comment on such development plan. 1.H.b.2 City agrees that it shall schedule and process any necessary hearings, meetings or work sessions to consider and take formal action upon Landowner's applications for all land use approvals necessary to achieve annexation, rezoning and Final Plat approval for the Free Market Component, in a timely and diligent manner. City agrees to schedule a work session during the month of January 2002 and shall thereafter continue to process said application in a prompt manner with a priority for its placement on City council agendas. Landowner agrees to prepare and submit for processing such application in a timely and diligent manner. 1.H.c Conservation Easements Areas within the Property Proposed for Annexation and Burlingame Ranch that shall be reserved for conservation easements, including easements on irrigated lands, the Maroon Creek corridor, and portions of Burlingame Ranch are identified on Exhibit B. Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 15 Stage Road Planned Unit Development/Subdivision 53 IIIIIII11111111111111111111111111111111III1111111111111 058000©f 12:53r 1131.00 D 0.00 Once the annexation has taken place and the Appeal Period, as defined at Section 20, below has expired, or any other matter which affects the development, having been challenged, the parties agree to execute all requisite easement documents containing terms and conditions which are established during the land use review process for the final development approvals for the Free Market Component. City's consent shall be required for any amendment to these conservation easements, which changes the allowed use of the areas as permitted in the conservation easements. City shall be named as a beneficiary to these conservation easements in order to exercise such rights. 1.H.d Public Trails The parties agree that no public trails shall be required to be dedicated or created within the Property Proposed to be annexed, except that trails shall be located within the right-of-way of the entry road to the Burlingame Ranch from Stage Road to the Affordable Housing Component. Exhibit B and Exhibit L, appended hereto illustrate the location of all proposed trails. To the extent that Exhibit L conflicts with the trail locations depicted on Exhibit B, the trail alignments shown on Exhibit L shall control. Said trails shall be designed and built in conformance with trail standards established by City's Parks Department for various trail types based on proposed usage, terrain and costs and shall be maintained at City's sole cost and expense. City shall undertake reasonable efforts to create a trail through property previously owned by the Aspen Valley Land Trust, connecting the Burlingame Ranch to the Aspen Airport Business Center. The parties agree that the parties shall adopt a Trail Management Plan for all trails within the Affordable Housing Component as part of the land review process for the project. 1.H.e Cost of roads, utilities and trails City, at its sole expense, shall construct and install such roads, utilities and trails as are required for the construction of the Affordable Housing Component. Where such utilities shall also serve the Free Market Component they shall be sized to accom- modate both. Not later than thirty (30) months (which may be extended by mutual agreement of the parties) after the recording of the final plat map for the Free Market Component, City, at its sole expense, shall have extended roads and utilities to the locations shown on Exhibit D. City shall be reimbursed by Landowner for one-third of Landowner's share of the total installation cost of the particular utilities provided at the time of issuance of a building permit for the first of the 12 free market lots which applies for a building permit. Landowner shall reimburse City an additional one-third of Landowner's share of the total installation cost of the particular utilities so requested and provided at the time of issuance of a building permit for the second of the 12 free market lots which applies for a building permit. City shall be reimbursed the remaining amount of Landowner's share of the total installation cost of the particular utilities so provided at the time of issuance of a building permit for the third of the 12 free market lots. Said reimbursement shall be made together with interest at the rate of 8% per annum computed from the date said funds were advanced by City to the date of reim- bursement. In addition, at the same time as reimbursements are required as set forth above (i.e., one-third each at the first, second and third building permits), Landowner shall reimburse for Landowner's share of the cost of installation of utilities provided to the Property to be Annexed which are to be shared by the Affordable Housing Compo- 16 Fourth Amended and Restated Preannexation Agreement: Bar1X Ranch LLC and City of Aspen 54 - - -- PUD Control Document, Development and Vested Rights Agreement: IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III 1111111111111 1 515 0/0789of 226 ©012: 5EF nent and the Free Market Component, including the Fathering Parcel, including, with- out limitation, any redundant looped segments which are constructed for the primary benefit of the Free Market Component and the Affordable Housing Component, based on the ratio of ECUs in the Free Market Component, including the Fathering Parcel, to the ECUs in the Affordable Housing Component. The Water Service Agreement, (Ex- hibit F), contains estimates of the number of ECU's in the Free Market and Affordable Housing Components. In the event the Cultural Use Area is approved for develop- ment, the ECU calculations, any necessary water conveyance from Landowner, and any other water related charges or calculations specified in the Water Service Agree- ment (Exhibit F) shall be adjusted to account for this additional usage. Adjustments to the initial charge for the Free Market Component shall be made upon final construction of all residences in the Free Market Component. An "ECU" as defined in the Aspen Municipal Code, is a "unit reflecting that part of the capacity of the [City] water system necessary to serve a standard water customer, with multiples or fractions of the unit including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking facilities, or other water demand factors." Aspen Municipal Code § 25.08.060(e). Shared utility segments are shown on Exhibit D. Notwithstanding the foregoing, City and Landowner agree that unless sooner paid according to the terms set forth above, Landowner shall reimburse City for its share of the costs of the par- ticular utilities provided and the costs of the utilities to be shared with the Affordable Housing Component and the Free Market Component as described above, not later than the fifth anniversary of the completion and activation of said utilities, subject to any subsequent adjustments as provided above. 1.H.f Access and Utility Easements The access to the Affordable Housing Component of the Development Plan shall be substantially as shown on Exhibit L on an alignment westerly of the Soldner property. The road shall be built in accordance with any requirements imposed by the Fire Mar- shall. The access road shall also entitle the City to use it to serve property owned by the City adjacent to the 20 Acre Parcel and a connection from Stage Road to the As- pen Airport Business Center. Notwithstanding the foregoing, City shall have the right to establish a pedestrian trail to serve theAffordable Housing Component that is along an alignment extending to the Aspen Airport Business Center that may be used in the future for electric vehicles (including golf cart type vehicles), provided that motorized vehicles are prohibited access to the public streets within the Aspen Airport Business Center. Notwithstanding the access road shown on Exhibit L to this Agreement, said Exhibit is not intended to specify the location of internal roads within the 20 acre parcel necessary to serve the Affordable Housing Component or limit City's ability to extend the roads through the 20 acre parcel to serve lands adjacent thereto presently owned by the City. Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch ­LLC City of Aspen 17 Stage Road Planned Unit Development/Subdivision 55 III!WIIII IIIIII III 1111111111111 0 8 00512:58F 0.00 2 Schedule for Annexation 2.A Upon execution by the parties of this Agreement, City shall, at its cost, prepare an annexation map of the Property Proposed to be Annexed. 2.13 Upon completion of the annexation map, Landowner shall execute the Petition toAn- nex appended hereto as Exhibit C. Said petition shall be conditional upon the terms and conditions of this Agreement. 2.0 City shall prepare, at its cost, all requisite documents and applications necessary to annex the Property Proposed to be Annexed, and a rezoning application to re -zone the Property Proposed to be Annexed to the AH/PUD zone district and the amendments thereto referred to in paragraph 1.B above (conditional upon annexation). 2.1) City shall initiate, at its cost, annexation and the re -zoning application in accordance with the City's Land Use Code. 2.E Upon conditional approval of the re -zoning application the City and Landowner shall cooperatively and jointly prepare, at their joint expense, as provided for in this Agreement, an application for a Development Order for both the Affordable Housing and Free Market Components of the Development Plan meeting all the requirements of the City's Land Use Code. The application for a Development Order shall specifically state that all land use ap- provals shall be conditional upon annexation of the Property Proposed to be Annexed. IF Upon the granting of all requisite land use approvals by the Aspen City Council, evi- denced by the adoption of an appropriate Ordinance (conditional upon annexation of the Property Proposed forAnnexation) that is consistent with the Development Plan, City shall annex the Property Proposed to be Annexed into the municipal boundaries of the City. 2.13 Landowner and City shall execute at the conclusion of the Appeal Period (as defined at Section 20, below) following the date of annexation, a Subdivision and Planned Unit Development Agreement which incorporates the terms and conditions of the Development Plan as finally approved by the issuance of a Development Order. The Subdivision and Planned Unit Development Agreement shall include standard City Terms and Conditions relating to plats, wastewater and surface drainage, utility connections, trash and recycling removal, snow removal, fire sprinklers, sidewalk and trail construction and maintenance, driveway, curb and gutter improvements, street lighting, excavation plans, parking and staging areas, street construction, and maintenance, stream bank disturbance mitigation, dust control measures, setbacks, as -built drawings, fireplaces and woodstoves, residen- tial design standards, survey monumentation and restrictions, exterior lighting, school land dedication fees, park dedication fees, landscaping improvements, financial security for public improvements and landscaping, and other similar matters normally and routinely included in such agreement, except as such matters are specifically addressed otherwise in this Agreement, the Development Order or the zoning for the annexed areas. City also agrees that, because of its rural character and location outside of the City's street grid system, the Residential Design Standards of Chapter 26.410 of the Aspen Land Use Code, and the requirements for street paving, sidewalks, curbs and gutters, shall not be 18 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111 age: 57 of705 1z?sar SILVIA DAVIS PITKIN COUNTY CC R 2131.00 D 0.00 applied to the Free Market Component, including the Fathering Parcel. Landowner, as part of the land use approval process shall propose and agree to adopt design standards that are appropriate for the Free Market Component. The homeowners' association for the Free Market Component shall be responsible through covenants running with the land to enforce the adopted design standards. 3 Landowner's Obligation 3.A Landowner hereby agrees to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen upon the terms and conditions set forth in this Agreement. Landowner hereby agrees not to withdraw its consent to annex or to there- after petition to de -annex provided all of the terms and conditions of this Agreement are met. Landowner shall grant all easements to the City necessary for access or utilities as shown on Exhibit B and Exhibit L. 3.B To compensate for the additional engineering and staff costs associated with the re- design of the access road to the Affordable Housing Component, Landowner shall make, from the closing on the initial sale of each of the 12 free market lots of the Free Market Component, a payment of $25,000.00 to the City for a total of $300,000.00. 3.0 To compensate for the loss of sagebrush to accommodate the westerly alignment of the access road to the Affordable Housing Component, and to compensate for the impacts to the Soldner Property, Landowner shall make from the closing on the initial sale of each of the 12 free market lots of the Free Market Component a payment of $16,666.67 to the City to be used by the City, in its sole discretion, for open space or sage brush preserva- tion and shall make from the closing on the initial sale of each of the 12 free market lots of the Free Market Component a payment of $8,333.33 to a non-profit entity of Soldner's choice charged with the maintenance and operation of the Soldner Property as a cultural center, towards an endowment for the maintenance and operation of the Soldner Property as such cultural center. In addition, Landowner shall require its successors in interest in each free market lot of the Free Market Component, for a period of 50 years, to make from any subsequent sale of a free market lot in the Free Market Component a payment of $6,666.67 to the City to be used by the City, in its sole discretion, for open space or sage brush preservation, and a payment of $3,333.33 to the non-profit entity of Soldner's choice charged with the maintenance and operation of the Soldner Property described above, towards the referenced endowment. 3.D The payments required under subparagraphs (b) and (c) above shall not be payable upon any bulk sale of the 12 free market lots. Bulk sale as used herein shall mean the sale of all 12 free market lots in one transaction. Landowner shall incorporate the commitments set forth at subsections (b) and (c), above, in covenants burdening the titles of successors in interest of any free market lots sold in the Free Market Component. 3.E Landowner may construct at its cost a temporary ditch to the east of the existing ditch along the Soldner boundary in order that the area in which utilities and temporary access road are to be installed is not irrigated prior to their construction. After the City has re -veg- etated and re -planted the Utility Easement, the Licensed Area and the Additional Licensed Area (as such terms are defined in that certain agreement between Landowner, City and Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 19 Stage Road Planned Unit Development/Subdivision 57 1111111111111111111111111110011111111111111111111111111 9051589.000 80 ©012:58F Soldner, dated May 13, 2004), Landowner shall relocate its irrigation ditch to its current and historic location, on and adjacent to the Soldner Property for purposes of transporting the Water Rights and otherwise irrigating the Bar/X Ranch. In addition, in the event the Soldner wells stop producing water of a quantity and quality necessary for the Soldners' domestic and irrigation water needs during the period of construction; the City will fill the Soldners' water cistern on an as needed basis, at no cost to the Soldners. 4 City's Obligation 4.A City's Obligation with Respect to Annexation City agrees to annex the Property Proposed to be annexed provided all of the terms and conditions of this Agreement are met. The parties acknowledge that annexation and zon- ing are subject to the plenary legislative discretion of the City Council of the City and the rights of referendum and initiative reserved unto its citizens. Notwithstanding any lan- guage to the contrary contained in this Agreement, no assurances of annexation or zoning have been made or relied upon by Landowner. 43 City's Obligation with Respect to Access City shall provide sufficient legal and physical vehicular and pedestrian access to the Bur- lingame Ranch and the 4X Ranch so that the development of the Affordable Housing and requisite Free Market Components contemplated by this Agreement can be undertaken. If necessary, City shall utilize its condemnation powers to obtain such access at its sole cost and expense. City shall not enter into any agreement nor permit any action to occur by it or third parties which will, or may, diminish or alter the existing access rights and condi- tions pertaining to the Land to be Annexed, without obtaining the prior written consent of Landowner. Prior to the conveyance of the 20 Acre Parcel to City, City shall provide to Landowner evidence of such access, and if necessary written conveyances, agreements and/or confirmations of such access rights from owners of land or easement rights over which such access runs, which shall, in Landowner's reasonable judgment, demonstrate that Landowner has a present, enforceable right to such access. In the event City fails to provide such access, Landowner may, at its option, nevertheless, convey the acreage to City and if such conveyance is made, Landowner shall have the right to process and obtain approval for the Free Market Component of the development and City shall be re- sponsible for providing the minimum number of affordable housing units necessary for the free market development to comply with the requirements of the AH/PUD zone district. 5 Landowner's Remedy for Default by City 5.A In the event that, any action herein contemplated is not taken by the City, then Land - owner's remedies for the breach hereof may include the withdrawal of the annexation peti- tion by Landowner, the right to reimbursement for Landowner's costs and fees, including reasonable attorney fees, incurred in the negotiation, drafting and/or Landowner's perfor- mance of thisAgreement or in Landowner's performance of any acts required of City here- under and all the costs incurred as a result of City's breach, including, without limitation, the preparation and processing of the development plan, and any attorney fees incurred to perform defense obligations of City. In such event, all conditional land use approvals that may have been granted by City and this Agreement shall become null and void. 20 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 58 PUD Control Document, Development and Vested Rights Agreement: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0f SILVIA DAVIS PITKIN COUNTY CO a 05891z?sar R 1131 .00 D 0.00 5.B To the extent available at law or in equity, in the event of a default in this Agreement by City, including, without limitation, any default in its obligations after annexation occurs, Landowner shall have the right to either terminate this agreement and obtain its damages, or pursue specific performance of City's obligations hereunder. Landowners "damages" shall include, without limitation, recovery of the costs and fees referred to in subparagraph 5a above. In the event the breach by City is its failure to extend utility service and facili- ties to the Free Market Component as and when required by this Agreement or the Water Service Agreement, Landowner's remedies shall include the right to obtain a Court order requiring that City convey to Landowner, easements over, under and across City's proper- ty and/or along its existing utility facilities where such easements are necessary for Land- owner to construct and maintain the utilities that City failed to provide. Landowner shall have the right to construct such utility facilities reasonably necessary to serve the Free Market Component in the event City does not fulfill its obligations under the Agreement or this Amendment. The foregoing remedy is in addition to all other remedies Landowner may have at law or equity, including the right to damages and the remedies provided for in the Agreement. 5.0 In the event of a breach by City under either subparagraph 5a or 5b above, where the acreage has been conveyed to City, and Landowner does not obtain specific performance of this Agreement, Landowner shall, in addition to the foregoing remedies, be entitled to have the acreage re -conveyed by the City to the Landowner. 6 City's Remedy for Default by Landowner In the event that Landowner defaults in any of its duties as set forth herein, City shall have the right of enforcement by an action for specific performance filed in the Pitkin County District Court. In such event, the prevailing party in any such action, shall be entitled to recover all of its costs for enforcement, including reasonable attorney fees. 7 Waiver A waiver by any party to this Agreement of the breach of any term or provision of this Agree- ment shall not operate or be construed as a waiver of any subsequent breach by either party. 8 Binding Effect The parties hereto agree that this Agreement, by its terms, shall be binding upon the succes- sors, heirs, legal representatives, and assigns thereof and shall constitute covenants run- ning with the Property Proposed to be Annexed. In the event that all or part of the Property Proposed to be Annexed is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and ob- ligations set forth in this Agreement. 9 No Third Party Beneficiaries It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Landowner and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express inten- tion of the City and Landowner that any person other than the City, or Landowner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 21 Stage Road Planned Unit Development/Subdivision 59 111111II 111111 �1 111111111515890 0/0 //20005 12:58r SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 10 Governing Law and Enforcement This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity as a contractual ob- ligation consistent with annexation agreements. Thus, this Agreement is intended to provide a contractual relationship between the City and the Landowner to ensure compliance with all rights and requirements contained herein. In addition to any other available remedies, it is un- derstood and agreed that the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot within the Property Proposed to be Annexed in the event of a breach of this Agreement by the Landowner. The prevailing party in any litigation between Landowner and City concerning this Agreement shall be entitled to an award of its attorney fees and costs. 11 Additional Documents or Action The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 12 Execution in Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 13 Paragraph Captions The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 14 Integration and Amendment This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. Only an instrument in writing signed by the parties may amend this Agreement. 15 Assignment All or part of the rights, obligations or responsibilities set forth in this Agreement may be as- signed by the Landowner to an entity in which the Landowner or its affiliates have an interest, without requiring the consent of the City. 16 Severability Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement, except that if such invalidation diminishes the rights of Landowner, Landowner may elect to terminate this Agreement and render it null and void. 17 Recordation of Agreement - Terms Run With The Land The City shall record this Agreement with the Clerk and Recorder's Office of Pitkin County. The City shall pay the reasonable cost of recordation of this Agreement. The terms, conditions, rights and benefits of this agreement shall run with the lands to be annexed hereunder. 22 Fourth Amended and Restated Preannexation Agreement: Bar RaRanch LLC and City of Aspen 60 PUD Control Document, Development and Vested Rights Agreement: 1III 11111111111111111111111111111111111111111111 8005 12:5ar SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 18 Incorporation of Exhibits Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. 19 Actions Against Annexation and Development In the event that any person, corporation, special district, municipal or county government, or any other entity or person asserts any claim against the City, its officials, or employees pursu- ant to the provisions of the Colorado Municipal Annexation Act, C.R.S. § 31-12-101 et seq., or asserts any other claim, based on any theory of law whatsoever, challenging the rezoning and development of the -/X Ranch, or the approval of the Development Plan as contemplated by this Agreement, City shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims, provided that no consent to an order voiding the annexation or settle- ment which adversely affects the Landowner's rights hereunder or under any development approvals contemplated hereby, shall be entered into without Landowner's written consent. City's defense of any such action(s), shall also include the vigorous defense, at its sole cost, of the interests of the Landowner. If by reason of such suit this Agreement is found to be void or unenforceable, then as between City and Landowner, this Agreement shall become null and void, and if at such time the annexation of the -/X Ranch has already occurred, City shall, upon a petition for de -annexation submitted by Landowner, approve the de -annexation of the -/X Ranch and, if the acreage conveyed by Landowner has been conveyed to the City then City shall re -convey the acreage to the Landowner. 20 Appeal Period Any time period established by this Agreement upon one or the other party to take any action shall be suspended until the expiration of any jurisdictional appeal time for the initiation of a judicial challenge to any action taken by the City or the time permitted for the initiation of an initiative or referendum challenge. If the annexation of the Property Proposed to be Annexed, any requisite land use approval, or any action required by the City is challenged by a refer- endum or initiative, or is subjected to a judicial court proceeding, all provisions of this Agree- ment, together with the duties and obligations of each party, shall be suspended pending the outcome of the election or court proceeding (including any appeals). If the referendum, initia- tive, or court challenge results in disconnection of the Property Proposed to be Annexed from the City, then this Agreement shall be null and void and of no further effect. If the referendum, initiative, or court challenge fails, then the parties shall continue to be bound by all of the terms and provisions of this Agreement and any other agreements made in connection therewith. 21 Title Whenever there appears a requirement to dedicate or convey land to the City, Landowner shall provide a title policy that shall indicate that the property is free and Gear of all encumbrances whatsoever which would impair the use of the property as proposed in this Agreement or in any further document. Further, said title policy shall show that the property to be dedicated or conveyed to the City is free and clear of all encumbrances which would make said dedications or conveyances unacceptable to the City as the City, in its sole discretion, determines. Should such title policy reflect encumbrances that may impair the use of the property as proposed or which would make the dedications or conveyances unacceptable, the City may take whatever action or seek whatever remedies it deems advisable, including without limitation disconnec- tion from the City of the Property Proposed to be Annexed, if already annexed into the City, Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 23 Stage Road Planned Unit Development/Subdivision 61 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIII IIIII IIII Page: 52 0/07/ 0 ©f 226 12:58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 withholding of any development reviews, or declaring this Agreement null and void however City shall not have any right to seek damages against Landowner. 22 Property Tax Valuation Any owner of a lot within the Free Market Component, other than lots within the Fathering Par- cel, who improves a lot or lots with residential improvements which result in a new property tax classification for such lot or lots based on a change of use from agricultural to residential shall be forever barred from subsequently applying for reclassification of such lot or lots to anything other than a 'residential real property" category for property tax valuation and assessment purposes, as such term is defined and applied in Section 39-1-102, at seq., C.R.S. This document was previously executed on December 6, 2004 by Landowner and on December 14, 2004 by the City of Aspen (the "Previous Execution Dates"). Subsequent thereto, this document has been reformatted, without changes to its provisions, and re -executed by each party on the dates set forth below. It is intended that this document be deemed to have been executed and effective on the Previous Execution Dates and is executed on the dates below nunc pro func. CITY OF ASPEN, a municipal corporation Mayor ATTEST: City Clerk STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) APPROVED AS TO FORM: City Attorney Acknowledged before me this _day of September 2005, by his/her capacity as Notary My commission expires: of 24 Fourth Amended and Restated Preannexahon Agreement: Ba Ranch LLC and City of Aspen 62 PUD Control Document, Development and Vested Rights Agreement: 111111 1PIA111111 III II 11111 III 111111 III1111111111111 t Page: 63 0/0 //2000©012:58F This document was previously executed on December 6, 2004 by Landowner and on December 14, 2004 by the City of Aspen (the "Previous Execution Dates"). Subsequent thereto, this document has been reformatted, without changes to its provisions, and re -executed by each party on the dates set forth below. It is intended that this document be deemed to have been executed and effective on the Previous Execution Dates and is executed on the dates below nunc pro func. LANDOWNER Bar/X LLC, a Colorado Limited Liability Company By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, as Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) Acknowledged before me this _day of September 2005, by Gary Finkel in his capacity as Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, and Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. Notary My commission expires: Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 25 Stage Road Planned Unit DevelopmenUSubdivision 63 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII 1 00 0 890012:58F Index of Exhibits Exhibit A Legal description of -/X Ranch proposed to be annexed..............................27 Exhibit B Map of area including Back Bowl and Zoline -/X Ranch................................30 Exhibit C Petition to Annex - (Standard City of Aspen petition for annexation) .............31 Exhibit D Utility Location Map.......................................................................................34 Exhibit E Intentionally Left Blank..................................................................................35 Exhibit F Water Service Agreement.............................................................................36 Exhibit G Intentionally Left Blank..................................................................................59 Exhibit H Proposed Zone Districts................................................................................60 Exhibit I Floor Area Calculations.................................................................................61 Exhibit J ADU Regulations...........................................................................................65 Exhibit K Intentionally left blank...................................................................................69 Exhibit L Western Access Road Alignment and Location of Associated Trail Locations..........................................................70 Exhibit T-A Land Acquired by Quiet Title Action..............................................................76 26 Fourth Amended and Restated Preannexation Agreement: BadX Ranch LLC and City of Aspen .. .._ ... 64 PUD Control Document, Development and Vested Rights Agreement: 65 of 226 1III 111111111��11 IIII 11111111111111890 //2000512:58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Exhibit A: Legal Description of Bar/X Ranch proposed to be Annexed Bar Slash X Ranch and Stage Road PUDISubdivision Property Description A parcel of land situated in Sections 2 8 11, Township 10 South, Range 85 West of the 6th Principal Meridian, County of Pitldn, State of Colorado. Said parcel of land being more particularly described as follows: Beginning at a point on the northeasterly Right -of -Way line of Colorado State Highway No. 82 (Project Number: 0821-051 Unit 1) said point being the northeasterly comer of parcel number 120, Project Code 12269 of the Colorado Department of Transportation, whence the 114 comer common to said Sections 2 811 bears N. 10*21'54" E., 708.68 feet being a found 1954 B.L.M. Brass Cap in dace; thence along said northeasterly Highway Right -of -Way line N.60°10'57W., a distance of 178.00 feet to a point on the boundary line of Goff Course Parcel A, as shown on the Final Plat and P.U.D. for Maroon Creek Club, recorded on Plat Book 33, Pages 4 through 15 of the Pitkin County Records; thence leaving said northeasterly right-of-way line along the boundary line of said Golf Course Parcel A the following nine (9) courses: 1) N.01'48-31"E., a distance of 915.83 feet; 2) N.35°31'27"W., a distance of 725.00 feet; 3) N.08-06'25"E., a distance of 762.37 feet; 4) S.88°59'33"W., a distance of 228.21 feet; 5) S.89°08'18'W., a distance of 156.94 feet; 6) S.88°56'55"W., a distance of 144.94 feet; 7) S.88W'56W., a distance of 136.14 feet; 8) S.89°42'25'W., a distance of 189.99 feet; 9) N.87°18'47"W , a distance of 5.97 feet to an existing fence line and fence line extended; thence following said fence line and fence line extended the following five (5) courses: 1) N.01 °Ot'58"E., a distance of 203.59 feet; 2) N.02°02'27E., a distance of 109.93 feet; 3) N.00-19'27"E., a distance of 298.14 feet; 4) N.00°41'53'W., a distance of 62.14 feet; 5) N.02-29'43"E., a distance of 13.40 feet, to a point on the northerly boundary of that property described in book 181 at page 320 of the PBkin County records; thence leaving said fence line and fence line extended N.86"29'41'W., along said northerly boundary 6.05 feet; to the easterly boundary of Lot 1, Burlingame Ranch Subdivision recorded in Plat Book 50 at page 89 of the Pitkin County records; thence along said northerly boundary along the easterly boundary of said Lot 1, Burlingame Ranch the following seven (7) courses: 1) N.02-52'36"E., a distance of 165.48 feet; 2) N.00°30'26'W., a distance of 243.17 feet; 3) N.18-16'57'W., a distance of 80.12 feet; 4) N.22°43'41"W., a distance of 384.52 feet; 5) N.00"34'07"E., a distance of 57.52 feet; 6) N.03-02'50"E., a distance of 688.34 feet; 7) N.12°39'27"E., a distance of 105.85 feet, to a point on the Southerly boundary of parcel 2 Park Trust Exemption Map as recorded on plat book 10, page SA of the Pitkin County Records; thence S.88* 1 5'47"E., along the southerly boundary of said Parcel 2 a distance of 6.86 feet to a point on the boundary of that property described in the quick claim deed recorded as Reception No. 466499 of the Pitkin County records; thence along the boundary of said quick claim deed the following fifteen (15) courses 1) N.13a50'57"E., a distance of 114.73 feet; 2) N.12°44'56-E., a distance of 294.79 feet; 3) N.12"34'48"E., a distance of 263.95 feet; 4) S.59"34'09"E., a distance of 69.27 fee[; 5) 179.45 feet along the arc of a non -tangent curve to the right, having a radius of 1,000.00 feet, a central angle of 10°16'53", (chord bears S.27°38'40"E. a distance of 179.21 feet; 6) S.07-11'09"E., a distance of 50.03 feet; 7) S.21-181T'E., a distance of 44.53 feet; 8) S.05-31'10'W., a distance of 32.00 feet; 9) S.10°32'00"E., a distance of 45.00 feet; Fourth Amended and Restated Preannexatlon Agreement: Bar/X Ranch LLC and City of Aspen 27 Stage Road Planned Unit DevelopmenUSubdlvlslon 65 IIIIII IIII IIIIII III I IIIII III IIIIII III IIII IIII III Page: 66 0/07/ 0 ©f 226 12:58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 10) 76.23 feet along the arc of a curve to the left having a radius of 40.130 feet, a central angle of 109*11'30", (chord bears S.65o0745"E. a distance of 65.21 feet); 11) S.25o20'41 HE., a distance of 42,24 feet; 12) S.35o09'29"E., a distance of 43.07 feet; 13) S.20-30132"E., a distance of 50.20 feet; 14) S.27o41'19"E., a distance of 17.40 feet; 15) S.04o08'52"W., a distance of 135.85 feet to a point on the northerly line of Government Lot 7, of said Section 2; thence S.88"1548"E., along the northerly line of said Government lot 7 a distance of 1033.90 feet to a point on the West Bank of Maroon Creek as referenced in deed recorded in Book 166 at Page 481 of the Pitkin County Records, thence along said deed described above and being 25.00 feet westerly of and parallel to said West Bank of Maroon Creek the follovdng sixty-one (61) mums: 1) S.47-16'56"E., a distance of 93.51 feel; 2) S.40o44100"E., a distance of 99.92 feet; 3) S.43-12'00"E., a distance of 75,48 feet; 4) S.26o40'59"E., a distance of 51.42 feel; 5) S.29"29119"E., a distance of 82.66 feet; 6) S.44o11'50"E., a distance of 78.16 fee(; 7) S.70°00'04"E., a distance of 104.72 feet; 8) S.50'3811 SHE., a distance of 27.37 feet; 9) S.Oto16'48"E., a distance of 56.82 feet; 10) S.29-5810"W., a distance of 34.56 feet; 11) S.76o08'32 W., a distance of 43.65 feet; 12) S.00o46'52"W., a distance of 118.50 feet; 13) S.24-51'14"E., a distance of 92.53 feet; 14) S.07132'08"E., a distance of 36.99 feet; 15) S.52"15'52"E., a distance of 34.18 feet; 16) S.11 *19'08"E., a distance of 79.45 feet; 17) S.40-07'51"E., a distance of 160.49 feet; 18) N.82°30'12"E., a distance of 92.23 feet; 19) N.66o41'51 HE., a distance of 24.39 feet; 20) S.12o48'00"E., a distance of 170.52 feet; 21) S.06o1113"W., a distance of 83.10 feet; 22) S.07o05'08"E., a distance of 34.83 feet; 23) 6.00001'32"W., a distance of 45.24 feet; 24) S.18o5C49"E., a distance of 72.69 feet; 25) S.10-5843"E., a distance of 75.11 feet; 26) S.13o40'31 "W., a distance of 47.18 feet; 27) S.04o17'31 HE., a distance of 66.15 feet; 28) S.08o20'24"E., a distance of 136.42 feet; 29) 8.04o29'56"W., a distance of 65.63 feet; 30) S.O5o54'39"E., a distance of 34.46 feet; 31) 5.20o50'18"W., a distance of 88.41 feet; 32) S.02o(19'35"W., a distance of 28.08 fee(; 33) S.53o23'59"W., a distance of 34.41 feet; 34) S.12o35'25"W., a distance of 60.60 feet; 35) S.15o11'24"W., a distance of 30.24 feet; 36) S.14o51'24"E., a distance of 30.10 feet; 37) S.30o36'56"E., a distance of 49.45 feet; 38) UW44'33"E., a distance of 31.40 feel; 39) S.25o57'56"E., a distance of 65.95 feel; 40) S.15°52'18"E., a distance of 72.55 feet; 41) S.07"20'49"W., a distance of 27.44 feet; 42) S.45"10'43"W., a distance of 20.69 feet; 43) S.32"45'51"W, a distance of 51.58 feet; 44) 5.02"19'30"E., a distance of 36.47 feet; 45) S.08°50'53"W., a distance of 19.54 feet; 46) S.08'15'44"E., a distance of 25.11 feet; 47) S.13"20'02"E., a distance of 27.03 feet; 48) S.31023'52"E., a distance of 113.34 feet; 49) S.00o17'56"E., a distance of 19.09 feet; 50) S.14o06'53"W., a distance of 60.96 feet; 51) S.11055'16"E., a distance of 57.16 feet; 52) S.08o07'37"W., a distance of 5.56 feet; 53) N.39"2013"W., a distance of 21.47 feel; 54) N.86o08'02'W., a distance of 47.08 feet; 55) S.53-19'46"W., a distance of 28.16 feet; 56) S.76°07'57 W.., a distance of 36.92 feet; 57) S.12"43'14"W., a distance of 40.76 feet; 58) S.32o41'52"W., a distance of 99.52 feet; 59) S.01 °29'59"E., a distance of 44.65 feet; 60) 233.57 feet along the am of a non -tangent curve to the left, having a radius of 400.00 feet, a central angle of 33'27'25", (chord bears S.03"31'23"E. a distance of 230.27 feet; 61) S.20o15'05"E., a distance of 63.49 feet to a point on the northerly line a parcel of land recorded in Book 228 at Page 590 of the Pitkin County records; thence N.89o07'44"W., along said northerly line a distance of 156.24 feet; thence leaving said northerly line along the perimeter of a strip of land, described in Book 166 at Page 481 the following nine (9) courses: 1) N.05°18'1 SHE., a distance of 234.07 feet; 2) N.06o2345"W., a distance of 252,08 feet; 28 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen _. 66 PUD Control Document, Development and Vested Rights Agreement: 11111IA 1111111111111111111111111111111111111111111111111111131 Page: 67 00 07//2000©012:58F 3) N.07o28145"W., a distanceof 150.60 feet; 4) N.01o14'15"E., a distance of 175.63 feet; 5) S.89°09'40"W., a distance of 30.02 feet; 6) S.01014'15"W., a distance of 176.82 feet; 7) S.07°28'45"E., a distance of 152.60 feet; 8) S.06°23'45"E., a distance of 248.72 feet; 9) S.Wl F15'W., a distance of 233.33 feet to a point on the northerly line of said parcel of land recorded in Book 228 at Page 590; thence along the northerly and westerly lines of said parcel the following five (5) courses 1) N.89o07'44'W., a distance of 143.39 feet; 2) S.W13'16'W., a distanceof 267.36 feet; 3) S.14o0T16'W., a distance of 112.67 feet; 4) S.1102616W., a distance of 77.29 feet; 5) S.27o06'16"W., a distance of 125,08 feet to a point on the boundary of the 4th amended aspen golf course subdivision recorded on plat book 63 at pages 62 through 65 of the PBkin County records; thence along the boundary of said 4th amended aspen golf course subdivision the following six (6) courses: 1) N.89°20'26"W., a distance of 3.41 feet; 2) S.21009'56W., a distance of 624.39 feet; 3) S.00o24'34'W., a distance of 158.79 feet; 4) S.00*59'34'W., a distanceof 84.56 feet; 5) S.06°32'41 "W , a distance of 164.07 feel; 6) S.25o03'34"W., a distance of 7.70 feet to the point of beginning; Said parcel of land containing 146.005 acres, more or less. County of Phkin State of Colorado Fourth Amended and Restated P—reannexation Agreement: Bar/X Ranch LLC and City of Aspen 29 Stage Road Planned Unit Development/Subdivision 87 111111111111111111111111111111111111111111111111111111100589©f 12.58; D 0.00 Exhibit 61 MaP OUAM ��arieh 6t4 F 11 Z. j t L� � is 6 ' ai9 Sw, � gg 3 i wo g r i w � ¢ 6 I— tLbiY m / i �i i�lt IIX sssttti:�°j9p �t l 30 Fourth Amended and Restated Preannexation Agreement: Bar/ -Ranch LLC and City of Aspen 68 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111169 //2000©F 12226 :58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Exhibit C: Petition for Annexation Frw ,,fyyy G PRTMON MR ANNELA'nO.V TO TILL Cri'Y Or A9rnv, COLORADO: Tk unleraigned (.To itiob ek this day of3e sesry, 2004, honesty pdiii.. C'CU19o1)tlr Cry of Aaµv,Cd.riJa, W:mtwx mdr CklaAstett,thevnhtrpryhahyttmtory lonoedistk CoveryofPitldq Stau:sfCdondo, dv+enkd new lonheu EsbbitAetrs wk,e.o sselinmryonned hsseinrclp byeuxf'Anntoonisu IhoPuty'a to toppvrn(this R.iNn, P,,seste, dlegrs thse 1,Idw JoIt is dr'wyk seed xeesnry Nm the Amr,,,n, PropxtY te'anncxd tntk Ciq'af Ayb,(. 2. The rryui •myds or Soniwt 3 1.12.104 w 31-12-105 C k,,W,, IL, ixd 4wm S.']uin oc hevc been mn. 7. AcCuvemirynf nrcse¢nisrb�usxottk.ons.atioo Propestyud lk Ciryof Aspen, Cobeado. d. Tk Annexetins Psopenyis urlmnwillkuhuisaWmtk oes+ryNuud dre Nnivaduu Pn w,, i, engnn,, with on Is mystic of Well 3degee.W Ydh rip CI, of Aspen, Colmvdn. 5. ldd lev then awxixth ll W) of tk perimeter of tk Aotcutna Rater, is anligmw wgh to (iry ofAspsn, Cakswls. d. Tk signer of thin Petition utmprisn assu thes fifty peemn ($0%) of ek leoduvmeee intkAbbots" Proprny ownne notes then f0y Me n'(fOW).f ih� Aew..tisn P V". exice dot of mets esM alleys, en, No sign. of Ibis Peotlprt hneb3'.., it, tk .WAA moot of the bnuden- of tk Anneestim Progeny a duwo m the somb ion plot dtboddsd Mewith. ]_ Tk sigocafNie Petition cwopasestk owes ofow lsteWldpercan (IgpK) Mdm,one scion Progeny. e. iMAmtattptl�eepwtYfsmtPrcyetl)opttot sap'itmtporMedtily.riryW wont', or area this Ion nowehlleor u0 Ameexmilomn Maumrri,.. —do--y deoubbe 6amruttienxeuxaodnsMt MNmsAeneaelenPomysMllysense kteeryaity or A.pColorado been old w51hn thndvr (12) uM6konwthondy Intttdiig k fdig nrNi Position. 9. 'IMpmptalemeewiwwillmttpopmdrn nA ,faealiotnnwsthod di,hice nr atgcMrn ofessne st w otM s, )di.�ie�. ld, Prrept W tk e\Ittn ntt'1Y18)'b eVdd&111ng W-h Mtlen the AMCXM Ropeery IxW in idenkW om ikq,, ksstf percent 00%) of whkh a wghn du Nnc(3) mile)unit, the A.Posei uueseik willrid ulesel the omuieipd heeds, of Ne Gly of,pu IMC then tom (3) miks in any direction hmo e, point Mtn Certn mmicip, bouuh,,. I.svet11. llu pmpnod enncaetion n91 rim.11w, he denial afnaotuble amewm tin y .down,,, en of in emrmetg, a. of a f.Aisc:djuinng. phtkd enes nr Wky which he, boon smesed by the C' ey of Aspen Ms is not boemJM M both side by the City of Aspen. 12. In estebpehiry lk bsemdeno d ho An.outim Penpeny, no be, Wysh is held in idmtlrel oxrr riip, wkthor cotssshtg of a angle I— A, P" Me4 totes en two nr teou wetigsem huts w ponw]s of tnt ends (a) : baits, divided hnn wpawe i- n or pwd, wvhew tk wnwn mnuon Mthe ludowmr se letWowMrs NUCor. m 36) s°o'P'61^BtyROleeruamweeMtogetmwiebbuldittgswl inpsovemesh dwsse noses. having a ta)twiwt faesa . is uses,M f2W,000.00 Fourth Amended and Restated Preannexation Agreement. Bar/X Ranch LLC and City of Aspen 31 Stage Road Planned Unit Development/Subdivision 69 111111111111111111111111111111111111111111111111111 89 ©226 f 12 : 58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 To' ad vekmsn lax PotPolesrw the Ycatoonl psmetling the ls,poted Wwwo ion, is imbsio, lottk Anneamiw PmpmVwitkmtk wineocwavt ofNe 1ao o wor laelowass, 13. 1 k kgd desaipliw of the land oosod by tk sifoct of Nis Pnkim is m1 folh Wdetesth tkwneofsur}, Patiliotterw Eskks B,oft"kwouslittrarpntvM bosein AYNu MMeRc. A.a m�ae lwdirttbnly rMo-riMA ro Ltabi6it➢, tlw Isndoxud ll setitwnw Bmt% Pneh,LLC C'Bmyx PRpntp'f eautie"O'etW ti lted Pweot(100%)Mlhe Anneeaiaelsix"y P"MOO" W Sm'm 31-12-107(l W of the Amevatim An. Id. Tye afftdasit of IN, elseuWnr mthis Petiom mtifying tW sigtwtm w this Pedlion is the sigoetse of too 1er_na whom muse it potpo O so k and ceftl tk acuwxynftk dalesl' stool lgmtae is lotesbod bemom Il CsM a is,w led loom by this tell 15. 'Ihis Pcikiw is tccPmpadM by foorpsuusormmtRcoion tnspenmrmitg. msng wkrldogs, the follmtnng nfmsest., fMopedy; (a) A wino" legal'imcnittiw a'behoumll of the Antamtuion (h) Amy.dam;agtk leuthry a,,O Nuwxelipn pmPgtY: (c) Wlbin the awtnemlon hmtcsib"., a SMOii, of sits, lvetuioo of cacti—w ip trap lo tooth lel load sod,iflion orPII ofIknos is lib atk kundwics wd the PVl -.be. of plots oc of Imo lost blush: ttnd (d) Neat to it-bomd'ary of We Mmaation Prppmly.a dmorn of Ne eesuiguws kvakfy oftbe snnaiag mwkipNlyabwing the Atoseaadw!'rd ,, 16. The Pedtiosermquests lost tk City f.ASAoim"iwe drc tmong aPryovd Peseest fM lk Aoyned IhuptTY in wi dmax wkh C.kS. SWion 31-I!-115 sell Sedooe of tk Lastil UW Code of the City of Aspen, asp des fk Ctiry approve and esnmtk m anmx✓ion and dcaWpnsvt agry tuns CAtnenum 99 Dn2lopmeot Agrmvest' ) •Mich estoblithes rekd Psopeny rightsfw the Anstonien Psapam sod Mhmxioeedabb h.tk developmin Plmt rw ft Attoose so NVA%y to aetmMnoe wilt the Atmnletl ad desMW pm- neuaeywAgmwmm,nat/XttmwAdloW?OW.eamael snwm hsititsomatdtk Cary (the "PR-MneXatiw Ayrew'pl'). —.—.. IY. lbe vgtRsofNis WlkionkrtbymsptsvtksighlWwithdraxrhin l4titiun rt any Atim ldor W tk kurto omu oC li)Niny-Bae (75) tkyxallse tM dfmtise dakofa furl prdimmcappnviog We AmrcaatiwuM IkrvinlsMm Agtomnmt Mosses W rppIWAIeprnsislnm nfMe City Cadcnfthe[llym All sod C.ItS. Section7d-6tl.101 otse, fill I'm t fto,tk ctpiNiw ofthe thou period W.kd by the Clmly oftbe City al Arpee fnr➢ling aMe.r.iAun pnitiwUwlkryyttgtloeodimtRespptrving dfeattrcwiotiliiiltnylYude(eptovidml krinw<h Am City of- Doses-dl .Agmamm�; m(iv)tbinoo,esi INketkckcofftnalCity .by the Cityorstktpmfxh "Cutsent Plan fe tk Nwsnioeso,, to tN�aerhesessoftk Rtkkaw Nall tame the wcuttsxe of X1 cmditiom tte:snary to lrc efrarAiaeneas of IAis tow O.,,vson "a,he 113 Rtion oftbe W S bytcpNloon ptWe anmayionudbmRe sM anucvmWn turps. .."a,he capitation oftlrc Wca roffk fttmgutry entattamad cvmA tg Upon toe anmsaupn tvditmw bxmning'fll sod sublets W Ik .-Alkes set forth to this Pedtks aso tit the Amteestiw tad Devekil Agnses%so, the Atarcxattw Dpltmly Nall bttmnembleetwiluNitwrq, mW000na. mkaW Rµktiomoftk CityofAspen, except as tdherwke- tests in the Amtexso-n aM0. t-reoeol AMewetq sod cveW kn kenoN rygtenytnees ul tk ChyofAspmwbicL JW I hmwne dkedve wJaowy I of the neu.aesses tg y'tstr toil g Passage oftk twteWiw mdiwme 14 nti. PloIit tis➢lede„m,b,,,esndw, rmw—mama, x:m ieeeppx,. omwsmwn ufth 4tarcxmiw PnoPerry (i}dw Cigof Atpnt.Mnve amiot a too, Awesmnn Property lose is sphmmi illy wnalomtl with the ap) kwiso fie sect, eW" wMi, Petitioner will subsoil fbllowmg fde Cory trf.kiM makug tk requited livdingof this Petition's wbsmntial mmpl't wnh tk rcquimrtmm also, Asmolol. A,W(0) the Cis) Of:lyeo so;,,, and mdlosee es=lbm m the Ammxalion aM tkvNtgmtem Agrtem ry MoSismnt wkh des Prt- 32 Fourth Amended and Restated Preannexation Agreement: 8ar/X Ranch LLC and City of Aspen 70 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111 Page: 71 of 226 00 //0S0 ©12:58F eoaxadon Agttemlm; W (u) the fuml alyeerel by the CNy of • lift elk ifm Jevebpmmt Plan .. ftl lhf AMCRO PRlfe(IVCUMSi{Ienl"h IMFft-Alllleffiiw AgRI'O . 26. Hxur,fMthe telmS yYJroilditiMt eflbie AnikR Wa fl�xlopmox Agnxnwxa nmde Wged m thewlm hr.r,, whicht.m ,d roMitkm Pmidmmr ryPcuvly �.ec " rddch Hurdma de . � inq Wn of addidmml tmmc W enMifi"W W0dRmMMMOC.R4, Swim 31-12-1O7(I)(9k M Mditimftl lmneW mltliliem xhs116: impinal upon emexmion Pfine AnlerailPn Pmpeny m the MMYhy of Ayxm TIH'.RLF0H- Pmtinut tegeeue " do oly Comtnl a 11x: Gly of A. s , CWondn enmlAme end Wmts the nne am of de AnM1.+urim PmPnty. PPrewm m 13a pmvirimu of he NIrc Citian Act. lk$PWhUymhmided As it dry ofj,,w ?Opd. SimsuRufl• wmdPaif' HWX R.h LLC, C�nlwfmlo�Iii.,Wd Ihlnlily eaopmy fiery FiMel, Tlvoee eftlm Sul*— Tr mdv 14 Lolme Fmeily 1992 TM 9e Ma.,i, Member ILRof S's MU kmemy f/Jr 2h Media Ad*c : un Habcd S. Mo.. 1:,, 201 Nmlb Mill Sum, Sd . 03, Aryro, CO $1611 Mjdmw fdnA PmcaMr NO Fourth Amended and Restated Preannexatlon Agreement. Bar/X Ranch LLC and City of Aspen 33 Stage Road Planned Unit DevelopmenUSubdivision 71 58a0025I11111111111111111111111111111111111111111111111111111105 t:8F t D 0.00 Exhibit oUtility Location Map #----Fourth __ _ -Restate __«_� _� _a _ems _ A«� amo6� &*Development and —Vested Rights Agreement. 515890 1111 1�� 11111111111111111 ill 111Page: 73 of 226 /, , em._IS mm, COUNTY CORua a Da_ Exhibit E: Intentionally Left Blank Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 35 Stage Road Planned Unit Development/Subdivision 73 800 11111111111111111111111111111111111111111111111111111110/0ftz?58= 1 D 0.00 Exhibit F: Water Service Agreement 36 - Fcurth Amended and Restated -Pre annexation Agreement: Bar/X Ranch LLC and City of -Aspen 74 PUD Control Document, Development and Vested Rights Agreement: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0/0 89©f 12258E R 1131.00 D 0.00 Recording Requested By, And When Recorded Mail To: Herbert S. Klein, Esq.. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 Restated and Amended Water Service Agreement Exhibit F to Amended and Restated Pre -annexation Agreement: BAR/X RANCH This document is a component of the Final Approval of the Stage Road PUD/Subdivision, 2005 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 37 Stage Road Planned Unit DevelopmenUSubdivision 75 1III111111111111111111I11111111111111111111111111111111 0 890012258P This page intentionally left blank 2 Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 38 - Fourth Amended and Restated Preanrexation Agreement: Bar/X Ranch LLC and City of Aspen 76 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111111 1 0/078905of 226 012:58F Exhibit F to Amended and Restated Pre -annexation Agreement: BAR/X RANCH RESTATED AND AMENDED WATER SERVICE AGREEMENT THIS AMENDED AND RESTATED WATER SERVICE AGREEMENT is entered into and made on 2003, by and between the City of Aspen, a Colo- rado home rule municipal corporation (the "City"), and the Bar/X Ranch, LLC, a Colorado limited liability company. Water service shall be provided to the Bar/X Project (hereinafter "Project" or 'Property") which includes a Free Market Component, a Fathering Parcel, a Ranch manager's residence, Cabin, affordable housing parcel of approximately 21.5 acres in size, and certain irrigation requirements of the Property all as set forth in the Restated and Amended Pre -Annexation Agreement to which this Agreement is an attachment. The terms and conditions of water service as herein provided shall survive annexation of the Property to be Annexed, and shall govern water service to this property subsequent to annexation. Recitals WHEREAS, the Landowner and City have previously entered into a Pre -Annexation Agree- ment, executed by the City on May 21, 2001, and other amendments to such (First Amend- ment, December 17, 2001 and Second Amendment, February 19, 2003), which integrated documents included a reference to Exhibit F as the Water Service Agreement between the Landowner and the City; and WHEREAS, the City and the Landowner have entered a Restated and Amended Pre -annexa- tion Agreement, and desire to revise the original Water Service Agreement ('Prior WSA") into this new Amended and Restated Water Service Agreement, to incorporate all changes regarding water service and to make amendments to the Prior WSA, so that there is one com- plete agreement for water service. This Amended and Restated Water Service Agreement ("Amended WSA") shall supercede the Prior WSA in its entirety; and WHEREAS, the Property to be Annexed will be annexed to the City pursuant to the parties' Amended and Restated Pre -annexation Agreement; and WHEREAS, Bar/X Ranch, LLC, (hereinafter "Landowner) plans to develop the Free Market Component and the Fathering Parcel of the Property to be Annexed as described in Para- graph 1(C)(1) of the Amended and Restated Pre -annexation Agreement ( the "Free Market Area"); and WHEREAS, the City of Aspen (hereinafter "City" or "the City") plans to develop the Afford- able Housing Component of the Project described in paragraph 1(D) of the Amended and Restated Pre -annexation Agreement, in the area depicted on Exhibit "B" to the Amended and Restated Pre -annexation Agreement (the "Affordable Housing Area"); and Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen -- --3 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 39 Stage Road Planned Unit Development/Subdivision 77 1 ���� 11111111111��11 11111 11111111/1 �11 0226 //295f 12:58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 WHEREAS, Landowner will be contributing water rights and other consideration to the City in connection with development of the Free Market Area, Cabin and the Resident Owned Ranch Manager lot ("Landowner's Dedication Requirement'); and WHEREAS, Landowner seeks to obtain municipal water service from the City for the Project; and WHEREAS, water service for the Project will require the construction and installation of cer- tain water mains, lines and related facilities as described in this Amended WSA; and WHEREAS, the City has agreed to design and construct, at its own cost, subject to the cost sharing provisions of this Amended WSA, the water mains, lines and associated facilities needed to serve the Project; and WHEREAS, the City is not hereby representing that it is a regulated public utility, or holding itself out to the public in general as capable of or intending to provide water service extrater- ritorially; and WHEREAS, the Aspen Municipal Code ("Code") provides for the rating of new or expanded water service based on potential water demand as expressed in equivalent capacity units (hereafter "ECU"), ECUs being defined in the Municipal Code as units reflecting that part of the capacity of the City water system necessary to serve a standard water customer, with multiples or fractions of the unit, including a maximum number and type of water fixtures, a maximum irrigated area, certain cooking facilities, or other water demand factors; and WHEREAS, the City desires to encourage the use of raw water supplies for certain outdoor irrigation where safe, practical, feasible, and consistent with the Code and City policies, so as to reduce the dependence on treated water for this purpose and to minimize the costs of providing treated water service to the Project and the Property to be Annexed. THEREFORE, in consideration of the mutual promises and covenants contained herein and in the Amended and Restated Pre -annexation Agreement, the parties agree as follows. PURPOSE OF AGREEMENT 1 Treated Water Service to Project The City hereby agrees with Landowner to provide treated water service to the Project under the terms of this Amended WSA in such quantities and to the extent herein provided so as to serve the structures and uses authorized by the Restated and Amended Pre -annexation Agreement for the Project, as set forth in the final recorded plat for the Project. Landowner understands that the City will be the sole provider of treated water to the Project and the Property to be Annexed, except as noted herein. Pursuant to this Agreement, the City shall provide treated water service adequate to meet the approved demands and uses of the Proj- ect, provided, however, that the City shall not be required to supply water to serve more than 76.7 ECUs for the Free Market, Fathering Parcel and Ranch Manager lot components of the Project (hereinafter "Private Project Component'), and further provided, that the maximum volume of treated water the City shall be required to provide to the Private Project Component — R 4 es -.-_-----..---._ n Wa_..— _..--..._- ..... _.— tated and Amended ter Service Agreement: Bar/X Ranch LLC and City of Aspen 40 Fourth Amended and Restated Preannexation Agreement: Bark Ranch LLC and City ofAspen 78 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111 0;0 s 00512:53; 00 pursuant to this Agreement shall not exceed 32 acre-feet per year. The City agrees that the Landowner may provide water service to the Cabin site and the Fathering parcel by use of two legally permitted exempt wells. The City also agrees that a Cultural Use Center is being considered to be developed by Landowner. To the extent such Cultural Use Center is ap- proved for development in the final plat process, the parties agree that the ECU calculation for the Private Project Component shall be revised to include the number of ECUs required for the Cultural Use Center, and that the Landowner shall be obligated to convey water rights pursuant to paragraph 10, and to pay tap fees, system development charges and hookup charges pursuant to paragraph 13, and other water service charges related to the Cultural Use Center attributable to the additional ECUs calculated for the Cultural Use Center. Only those structures and uses approved by the City for the Project may be served under this Agreement. Nothing herein shall be deemed to restrict the amount of water delivered to the Affordable Housing Component of the Project (hereinafter "Public Project Component,) be- ing developed by the City. 2 City Water Policies The parties agree that the City's water policy set forth in Resolution No. 5, series of 1993, as amended by Resolution No. 49 (series of 1993) and Resolution No. 9 (series of 1996) of extending water service outside the City's geographical boundaries while also promoting en- vironmental interests is furthered by Landowner's commitments contained in this paragraph, and that Landowner's commitments are an important inducement to the City to provide water service pursuant to this Agreement. The parties recognize that the Landowner's water rights are tributary to Maroon Creek and Willow Creek and that the City owns the Maroon Ditch right, also tributary to Maroon Creek. The Maroon Ditch was decreed in CA 3723 with non -irrigation Priority No. 11 on August 25, 1949, with an appropriation date of August 12, 1892, and con- solidated with Priority No. 208A, is used for municipal and hydroelectric purposes. Use of the City's Maroon Creek Hydroelectric Plant is subject to a permit issued by the Federal Energy Regulatory Commission ("FERC" ), which requires that the City bypass 8 cis at such times as it operates the hydroelectric plant. Landowner recognizes that the City may at some time seek or be required to obtain water court confirmation of its right to call for both the bypass flow and the water required for the hydroelectric plant under its 1892 Maroon Ditch right. Landowner, for itself, its successors and assigns, acknowledges and agrees that the City's Maroon Ditch hydroelectric water right includes the 8 cfs bypass requirement imposed by the FERC permit. In addition, if the City applies to the water court for confirmation of its right to call for the water required for the hydroelectric plant under its Maroon Ditch right, including the 8 cis bypass requirement, then Landowner and its successors and assigns, agree not to oppose, directly or indirectly, the City's water court application. 3 Limitation of Time to Provide Service The City's obligation to provide water service to the Project pursuant to this Agreement shall terminate if the final plat for the Private Project Component has not been recorded by the date provided in the Amended and Restated Pre -Annexation Agreement (or any amendments to it), unless that deadline is delayed by mutual agreement of the parties or by force majeure as defined in paragraph 29 below, in which case the deadline shall be extended by the same number of days as the force majeure delay that prevented recording of the plat. Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 41 Stage Road Planned Unit Development/Subdivision 79 1111 !��11111111III III III I III I II515 Page: 0/078g05 ©f 12226 ,58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 CONSTRUCTION BY CITY 4 Design of Mains, Lines and Facilities The City will be responsible for the design of the water transmission and distribution mains, associated facilities and internal distribution lines for the Private Project Component in ac- cordance with and subject to the City's design, materials and construction specifications, and including such sharing of facilities as may be necessary or practical to provide water service to the Public Project Component. The timing of design shall be in conformance with the pro- visions in paragraph 6 below. (Water mains, lines and infrastructure required to serve the Public Project Component, that cannot be shared with the Private Project Component will be the City's sole responsibility, as set forth in paragraph 5 below) 5 Cost Allocation and Design Dispute Resolution The parties recognize that the Private Project Component and the Public Project Component will both be served by a common looping water main system that has not yet been designed. The parties further agree that all design and construction costs of any water system facilities or improvements located within the Project that are primarily used for a common benefit forthe Public Project Component and the Private Project Component ("Shared") shall be shared on the basis that 76.7 ECUs bear to the total ECUs within the Project (a fractional formula where the numerator is 76.7 ECUs and the denominator is 76.7 ECUs plus the maximum number of ECUs to be used within the Public Project Component). The Public Project Component is estimated to build between 225 and 330 units, at an estimated 1 ECU per unit, represent- ing at least 75% of the total ECUs. Adjustments may be made as noted in the Amended and Restated Pre -Annexation Agreement, but in no event shall the Landowner's responsibility be greater than 25% of such "Shared" costs; provided, however, if the Cultural Use Center (pre- viously described in paragraph 1 above) is approved, then if the percentage of the ECUs for the Private Project Component, including the ECUs for the Cultural Use Center, exceed 25% of the all the ECUs forthe Public Project Component and the Private Project Component, then the 25% limit referred to above shall be increased by the percentage increase in the Private Project Component ECU's represented by the ECU's attributable to the Cultural Use Center. For example, if the Cultural Use Center requires 7.67 ECU's (e.g. a 10% percent increase in the Private Project Component ECU's), then the 25% limit shall be increased by 10%, e.g. to 27.5%. Although the common looping water main system to serve the Private Project Component and the Public Project Component has not yet been designed, a preliminary design drawing showing the expected locations of the water main system is attached as Addendum 1 (which includes Addendum 1A and 1B). Those mains identified in red on Addendum 1, and de- scribed as "City Only" will be designed, constructed, and installed at the City's sole expense. Those mains identified in blue on Addendum 1, and described as "Landowner Only" will be designed, constructed and installed in conformancewith the cost sharing provisions and reim- bursement schedule described in the Pre -Annexation Agreement and as set forth herein. The cost of design, construction and installation of those mains identified in purple on Addendum 1, and described as "Shared" will be allocated between the City and Landowner as herein described. The design, construction and installation of those mains identified in orange on Addendum 1, and described as "Shared + Upgrade"mains are expected to be upgraded from the size that would be required to serve only the Public Project Component and the Private Project Component. The incremental costs of such oversizing shall be the City's sole respon- 6 Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 42 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 60 PUD Control Document, Development and Vested Rights Agreement: ILVIIA lA IIIIIIIIIIIIIIIII 11111111111111111111111111515890 090/220005 12:58F sibility. Therefore, the costs for the "Shared + Upgrade" mains will be allocated as follows: First, the parties shall allocate costs as described for a "Shared" line between themselves for the sizing required to serve only the Public Project Component and the Private Project Com- ponent. Second, all additional costs for design, construction and installation of any oversizing of such mains at the City's request ("incremental costs") shall be calculated as an additional cost to be solely allocated to the City. The parties recognize that the locations of the mains shown on Addendum 1 may be re- vised as final design drawings are developed. If changes are made, and the parties cannot agree between themselves whether facilities not shown on Addendum 1 are considered to be "shared" facilities, an independent civil engineering firm shall be mutually selected by the parties to make the determination of what facilities are considered to be "shared" facilities. Should any dispute or disagreement arise between the parties as to the capacity, design, or lay -out of the potable water system for the Project, the parties shall submit the disagreement to the independent engineer whose findings shall be binding and conclusive as to the alloca- tion and dispute. The City and Landowner shall share equally in the cost of the independent engineer's services. 6 Construction Following annexation of the Property to be Annexed and recording of the final plat for the Private Project Component, the City shall proceed with due diligence to design and construct the water transmission and distribution mains, lines and associated facilities in accordance with the plans and specifications. All preconstruction planning and design of the water sys- tem for the Private Project Component and Public Project Component shall be complete no later than six (6) months from recording of the final plat of the Private Project Component, and construction shall begin immediately after the design and planning is final. The City shall submit all preconstruction designs and plans to the Landowner such that Landowner has at least 45 days to review them and provide approval or comments to the City prior to expira- tion of six (6) months after recording the final plat of the Private Project Component. Once all preconstruction plans and designs are approved by the parties, they shall not be substantially modified except by agreement between the parties. It is acknowledged that final determina- tion on acceptable alignments, easements, PRV locations, and similar technical engineering elements for the design shall not be considered substantial modifications. It is anticipated that construction will be completed no later than 18 months from recording of the final plat of the Private Project Component. 7 Pretapping "Pretapping" is defined as connection of an individual service line to a main or distribution line when the main or distribution line is installed. Should Landowner wish the City to pretap the distribution lines serving the Private Project Component, a Pretapping Agreement will be required by the City. CONVEYANCE OF WATER RIGHTS AND EASEMENTS 8 Conveyance of Water Rights and Structures Landowner shall convey to the City the water rights described on Addendum 2 and as de- scribed herein. The City and Landowner agree that said water rights are believed to be suf- Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 7 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 43 Stage Road Planned Unit Development/Subdivision 81 II 111111IIIII III11111 IIIIII 11IIIIII 0/0 0//20fIIIIIIII 12:58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 ficient in quantity and quality to allow the City to divert a quantity of water which is necessary, without administrative curtailment, to meet the amount of treated water required forthe Private Project Component of the Project t (previously labeled "Landowner's Dedication Require- ment"). In addition, Landowner shall also convey to the City water rights sufficient to meet the lesser of (1) the raw water irrigation requirements of the open space associated with the Pub- lic Project Component or (2) the irrigation requirements of the number of acres, not to exceed ten, historically irrigated on the 20-acre parcel committed to the Public Project Component as shown on Exhibit "B" to the Restated and Amended Pre -Annexation Agreement ("Dedicated Raw Water Rights"). The parties agree that once the number of acres to be irrigated with the Dedicated Raw Water Rights pursuant to the foregoing sentence has been determined, the Dedicated Raw Water Rights to be conveyed will be computed as 0.09 cfs per acre, so long as the acres identified were historically irrigated. The Dedicated Raw Water Rights are also described on Addenda I. Landowner shall convey the Landowner's Dedication Requirement upon approval of the first final plat for any portion of the Private Project Component. Land- owner shall convey the Dedicated Raw Water Rights within 30 days of a request to do so from the City which is accompanied by the approved plat of the Public Project Component which quantifies and designates the acreage which will be irrigated by the raw water system for said component. Contemporaneously with each conveyance of water rights, Landowner shall Con- vey to the City a proportionate interest in any ditches, flumes, headgates or other structures and easements, or interests therein, necessary to utilize such water rights . All conveyances required by this paragraph shall be in form mutually acceptable to Landowner and the City Attorney, and shall be a prerequisite to provision of water service to the Private Project Com- ponent. In addition, contemporaneously with each conveyance of water rights, Landowner Will also provide to the City all information in its possession or available to it, regarding the historic use of said water rights 2, including well pumping records, diversion records, irrigation records, aerial photographs, affidavits, and all other available information concerning the use of said water rights. 1 The parties recognize that the present in-house demands of the Property are served by a legally -permitted exempt well. Although the City does not generally allow pdvately-owned wells, an exception has been made in this case in recognition of the unique value of Landowner's contribution to the City's affordable housing needs as described in the Pre -Annexation Agreement. This exception is not precedent for future approvals of privately - owned wells within the City or within areas supplied with City water service. The homes served by the well may continue to use the well until the final home using the well is connected to the City treated water system. At the Landowner's option, the homes currently served by the well may connect to the City treated water system at such time as the treated water system is available to them for connection. Whenever a home is disconnected from the well and connected to the City treated water system, a certification shall be provided to the City stating that there are no cross -connections between the well and the City treated water system. The City may request annual certi- fications thereafter. When the final home using the well has been connected to the City treated water system, the well will be used only for stock watering. The well may be inspected annually at the option of the City to assure that there is no cross -connection to the City's treated water system. If for any reason, a replacement well is neces- sary for the continued water service to the existing homes or for the stock watering -only well (if all current homes are connected to City treated water), then the Landowner shall notify the City of the necessary replacement, and shall provide a certification that there are no cross -connections between the new well and the City treated water system. Landowner shall disconnect, plug and abandon the old well in the manner required by the Colorado State Engineer. 2 The parties recognize that there is presently underway an effort to establish a new mutual ditch company known as the Willow and Herrick Ditch Company. To the extent that entity is established prior to the requirement to convey interests herein to the City, a proportionate number of stock certificates may be conveyed. The City agrees to join in and support the Ditch Company's formation. 8 Restated and Amended Water Service Agreement: Bar1X Ranch LLC and City of Aspen 44 Fourth Amended and Restated PreannexationAgreement: Bar/X Ranch LLC and City of Aspen 82 PUD Control Document, Development and Vested Rights Agreement: 89©f2�1111111 111I�I111111111111111111111111111111111111111 158r SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 9 Easements Landowner shall obtain at its own cost and convey in perpetuity to the City surveyed, as -built non-exclusive easements for water mains, lines, tanks and other water facilities, along with all necessary access easements for maintenance and repair purposes within the Private Project Component ("easements"). The water main and water line easements must be large enough to provide the City with at least ten (10) feet on either side of water mains and lines and must specify that (1) sewer lines must be located at least ten (10) feet from any water main or line, and (2) other utilities must be located at least five (5) feet away from any water main or line. Access easements and easements for tanks and other facilities shall be of a size determined by the City to be reasonably necessary for the operation, maintenance and repair of the tank or other facility to be located on such easement. Each party shall be solely responsible for any injury or damages, including costs and attorneys' fees, to persons or property arising from its own negligent ads or omissions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of any defense or limitation available to the City under the Colorado Governmental Immunity Ad or other applicable law. The City acknowledges that such ease- ments may cross irrigated lands which are under active irrigation, and agrees to provide ten (10) days notice to Landowner prior to accessing such easements, or such notice as practi- cable in an emergency situation. City also agrees to use reasonable efforts to minimize inter- ference with the agricultural uses when accessing easements, and agrees to use reasonable efforts to restore the land surface such that irrigation water use can resume in substantially the same manner as it did before the City accessed the easement(s). The City shall have no obligation to provide water service to the Project until the easements and water rights have been conveyed as herein provided. 10 Water Balance for Private Project Component Landowner has historically irrigated 86 acres of land within the Project from its interest in the Willow and Herrick Ditch System, diverted at various points along the Willow and Herrick Ditch System which are owned or controlled by Landowner. The parties recognize and agree that the Project will result in the reconfiguration of areas irrigated, means of irrigation and water uses. To ensure that, as between the parties, no material enlargement of water use occurs, Landowner agrees that no more than 86 acres within the Private Project Component may be irrigated from the Willow and Herrick Ditch System less (1) the amount of land removed from irrigation to satisfy the Landowner's Dedication Requirement (4 acres) and (2) the number of acres to be irrigated by the Dedicated Raw Water Rights. The parties have agreed that the rate of diversion of water attributable to Landowner's retained water rights, the Landowner's Dedication Requirement and the Dedicated Raw Water Rights, from the Willow and Herrick Ditch System at the Property's boundaries for irrigation, ponds, water features and all other raw water uses associated with the Private Project Component will not exceed an annual av- erage of 5.0 ds. The foregoing amount assumes that a greater amount of water, correspond- ing to Landowner's retained water rights plus the Landowner's Dedication Requirement and the Dedicated Raw Water Rights will generally be diverted into the Willow and Herrick Ditch System's headgates. Landowner shall be free to further change or balance water use as contemplated in paragraph 21, below, so long as the above limitations on diversion rate and overall irrigated acreage within the Private Project Component are not exceeded. Restated and Amended Water Service Agreement Bar/X Ranch LLC and City of Aspen Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 45 Stage Road Planned Unit DevelopmenUSubdivision 83 515890 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIPage: 849 012:58F I REIMBURSEMENT BY LANDOWNER 11 Reimbursement by Landowner Upon completion of construction, the City shall promptly provide to Landowner a detailed statement of the certified cost of construction, including engineering costs, design drawings and construction plans, actual construction costs, insurance, construction inspection fees, permit fees, the cost of obtaining as -built drawings on reproducible sepias with maximum size of 24" x 36" and on an AutoCad electronic data transfer file tied into one set of state plane co- ordinates, and an administrative fee equal to 5% of the construction costs. The City shall not charge or include in the certified costs any time of its employees or staff, it being understood that the administrative fee is being charged in lieu thereof. In addition, the City shall provide documentation evidencing the reimbursable cost items. Landowner's share of the cost of in- stallation of utilities provided to the Property to be Annexed which are to be shared between the Public Project Component and the Private Project Component, as shown on Addendum 1, or, if the final design drawings differ from Addendum 1, as may be determined to be "shared" facilities, including, without limitation, any redundant looped segments which are constructed for the primary benefit of the Private Project Component and the Public Project Component, shall be based on the ratio of the 76.7 ECUs to the total ECUs in the Private and Public Proj- ect Components as described in paragraph 5, above, but in no event shall the Landowner's responsibility be greater than 25% of the Shared costs. The certified cost shall be reimbursed to City in accordance with the Reimbursement of City Costs provisions contained in Section 1(H)(e) of the Pre -annexation Agreement to which this Agreement is an attachment, and is subject to adjustment as therein provided. The City shall have no obligation to provide water service to the Private Project Component, or may discontinue water service, if it is not reimbursed for the certified costs in accordance herewith (or, if a dispute has arisen as to whether certain facilities are shared, if the City is not reimbursed the costs of the utilities for the Private Project plus those attributable to the shared facilities as determined by the independent engineer responsible for dispute resolution pursu- ant to paragraph 5, above). WATER SERVICE 12 Treated Water Service Upon completion of construction and Landowner's conveyance of the required easements and water rights, and reimbursement of the certified cost as and when required by the Pre - Annexation Agreement, the City will provide treated water service to the Private Project Com- ponent to no more than the total number of Private Project ECUs (not to exceed 76.7 ECUs) provided for by the approved final recorded plat and design drawings for the Private Proj- ect Component, provided that the maximum number of ECUs and volume of water the City shall be required to supply each year to the Private Project Component shall not exceed the amount (in acre-feet) set forth in paragraph 1 above. Any increase in the treated water service requirements for the Private Project Component will require approval by the City, and amend- ment of this Amended WSA. The treated water to be delivered by the City pursuant to the terms of this Amended WSA may be used for all lawful in -building municipal purposes, and for fire protection, swimming pools 10 Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 46 Fourth Amended and Restated Prea n nexation Agreement: Bar/X Ranch LLC and City of Aspen 64 -PUD Control Document, Development and Vested Rights Agreement: IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII I it IIII Page:0/0789f 226 ©12:5af SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 and the normal and reasonable outside irrigation of trees, lawns and gardens. Landowner agrees to adopt, in a form acceptable to the City Attorney (whose approval shall not be un- reasonably withheld) covenants which restrict the use of treated water delivered hereunder by single family units to no more than 10,000 square feet per lot of lawn and garden imga- tion by drip or sprinkler irrigation means, and which require compliance with the provisions of paragraph 22 hereof. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, as amended, (Series of 1993)), and water conservation and curtailment ordinances, and other water policies currently in effect or as may be enacted or amended in the future, provided such future policies or Code enactments or amendments do not materially impact the rights of Landowner under this Amended WSA or the Restated and Amended Pre -Annexation Agreement. 13 Tap Fees&System DevelopmentCharges:Computation&Payment;SchedulingofTaps All tap fees for treated water service herein provided shall be assessed utilizing the City's prevailing applicable tap fee at the time of application for a building permit for the structure for which service is sought. No water service shall be provided to any structure absent payment of the appropriate tap fee and any applicable hookup charges. Tap fees and hookup charges shall be paid at the time of building permit issuance. Unless a Pretapping Agreement has been executed by the Landowner, the City Water Department shall determine scheduling of all physical taps or connections to the main lines. Landowner shall also pay to the City a well system development charge in the amount of $400 per Private Project ECU within the Private Project Component. Payment of this charge shall be made in installments as specified by the Restated and Amended Pre -Annexation Agree- ment and is subject to the same adjustments. The total well system development charge for the entire Private Project Component must be paid in full before any delivery of water will be made to the Private Project Component by the City. 14 Service Lines and Meters Each service line within the Private Project Component shall be metered in accordance with the Code at the sole expense of Landowner and cross -connection and backflow prevention devices will be installed at the water user's expense. An automated meter reading system shall be installed for all new customers who will be served by the Private Project Compo- nent. 16 Limitations on Provision of Water Service This Amended WSA is only for the supply of raw and treated water service as herein described and no expansion of uses, connections, or water service beyond those set forth herein is in any way authorized by this Amended WSA. The City is not by this Amended WSA prejudging, certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Amended WSA be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided herein. 16 Service Subject to the City Charter, Codes, Rules, Regulations and Policies Landowner and its successors in interest shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen and the Aspen Municipal Code (including those regarding curtailment in times of water shortage), as well as all applicable rules, policies or regulations of the City now in effect or as may be Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen - 11 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 47 Stage Road Planned Unit Development/Subdivision 85 1111111111111111�11111 1111111111111111111111111111111 //200055f 12226 :58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 hereafter adopted, provided, however, that any future ordinances, rules, policies or regula- tions do not materially impairthe rights of Landowner underthis Revised WSA orthe Restated and Amended Pre -Annexation Agreement. 17 Rules Regarding Water Use Subject to the provisions of this Amended WSA, Landowner agrees to adopt all pertinent provisions set forth herein as rules and regulations governing the use of water in the Private Project Component, and agrees that this Amended WSA (including its Addenda) shall be recorded as covenants running with the land and shall be fully enforceable on the Property to be Annexed. Landowner agrees to assist the City in every manner reasonably possible to enforce the City's ordinances, rules and regulations made to protect purity, safety and supply of the water delivered pursuant to this Amended WSA, including curtailment during times of shortage, elimination of any potential cross -connections, and the utilization of water conser- vation devices as set forth in the Code. Landowner also agrees to prohibit all unnecessary or unreasonable waste of water on the Private Project Component served by this Amended WSA, and to make reasonable efforts to enforce such prohibition. The unreasonable or un- necessary waste of water shall be defined as set forth in the Code. 18 Source of Water Supply The parties to this Amended WSA recognize that the City's water supply is dependent upon sources from which the supply is variable in quantity and quality and beyond the City's reason- able control, therefore, no liability shall attach to the City under this Amended WSA on account of any failure to accurately anticipate availability of water supply or because of an actual fail- ure of water supply due to drought, inadequate runoff, poor quality, failure of infrastructure, or other occurrence beyond the City's reasonable control. 19 No Guaranty of Water Quality, Quantity or Pressure The City makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression, except as specifically provided herein or as is re- quired by applicable federal, state and local laws and regulations. The City agrees to treat its water to meet all mandatory local, state and federal potable water standards. 20 Property Rights in Water All treated water furnished by the City under this Amended WSA is provided on a contractual basis for use on the Private Project Component as described in this Amended WSA, and all property rights to the treated water to be furnished hereunder are reserved to the City. Treat- ed water service provided by the City under this Amended WSA does not include any right to make a succession of uses of such water, and upon completion of the primary use of the treated water on the Private Project Component, all dominion over the treated water provided reverts completely to the City. Subject to the prohibition against waste and any other limita- tions on treated water use imposed in this Amended WSA, Landowner shall have no obliga- tion to create any particular volume of return flow from the treated water furnished under this Amended WSA. Landowner agrees to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. 12 Restated and Amended Water Service Agreement: Sex Ranch LLC and City of Aspen 48 Fourth Amended and Restaled Preannexation Agreement: BadX Ranch LLC and City of Aspen 86 PUD Control Document, Development and Vested Rights Agreement: �� 111111111��111II II1II1111 1 �� 8g0'226 12:58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 RAW WATER USE 21 Raw Water Use The Dedicated Raw Water Rights shall be conveyed to the City as provided in paragraph 8 above. The Dedicated Raw Water Rights, upon conveyance to the City, shall be committed for use by the City to meet the raw water requirements for the open space associated with the Public Project Component. Landowner shall utilize all or portions of its retained water rights in accordance with paragraph 10 above for the continued ranching operations, to the extent such are economically or practicably viable in Landowner's sole determination, and for the Private Project Component raw water irrigation, pond uses and water features. In the event continued ranching operations are hereafter determined by Landowner to no longer be economically or practicably viable, in Landowner's sole discretion, such water shall be used on the Property for open space irrigation and other uses and shall not be severed from the Property for use on any other lands. Landowner shall be solely responsible for obtaining any water rights, changes of water rights, and augmentation plans necessary to permit storage of water in any proposed ponds or any changes in place of use within the Private Project Component. Landowner agrees that unless this Amended WSA is amended, neither Landowner nor any owner of all or any portion of the Private Project Component will develop or utilize independent wells within the Private Project Component, except as permitted in Footnotes 1 and 2 of this Amended WSA. Covenants shall be adopted which are mutually acceptable to Landowner and the City which prohibit any sub- sequent lot owner from initiating any new water rights or seeking any changes to water rights; it being understood that only Landowner or its successor homeowners association(s), and not the individual lot purchasers, shall have that right. 22 Compatibility of Raw and Treated Irrigation Systems The parties each recognize that the raw water irrigation system to be designed, constructed and operated by Landowner for the Private Project Component shall not be interconnected with any treated water irrigation system which is supplied with water hereunder. To ensure compliance with the limitations on the amount of treated water irrigation allowed per lot and the requirement that the systems not be interconnected, the parties agree to establish the pro- tocols for water use set forth in this paragraph: 1) All raw water delivered by sprinkler means shall be mapped by Landowner and the map delivered to the City; this map may be modified at Landowner's discretion 3 provided any remapping is promptly delivered to the City; 2) all sprinkler heads which deliver raw water shall be painted red to clearly designate their raw water status; 3) the City shall have the right to inspect the lots and properties comprising the Private Project Component at reasonable times to confirm and monitor which areas receive raw water versus treated water irrigation (which inspection shall be coordinated to the extent reasonably possible with the operator of the raw water system); 4) the raw water system shall be owned by one entity established by Landowner and that entity shall designate an operator to maintain and operate the raw water system and be the liaison with the City; and 5) the raw water irrigation system shall be designed and operated so as to prevent individual lot owners from operating the raw water system except through the designated system operator. 3 However, the parties agree that any modification of such mapping will not result in raw water irrigation of lands also irrigated using treated water. Restated and Amended Water Service Agreement: Bar/X Ranch LLC and -City of Aspen 13 Fourth Amended_andlkestatedPreannexation Agreement: Bar/X Ranch LLC and City of Aspen 49 Stage Road Planned Unit Development/Subdivision 87 515890 (IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIII Page: 88 of 226 07/205 12:58F 1131.00 0 VIOLATIONS 23 Enforcement by the City The parties to this Amended WSA recognize and agree that the City has the right to enforce its rules, policies, regulations, ordinances and the terms of this Amended WSA by the disconnec- tion of the supply of water provided hereunder. Additionally, in the event that Landowner or any user who has purchased or leased a portion of the Private Project Component violates the rules, policies, regulations or ordinances of the City, the City shall have all remedies available to it at law or in equity, or as provided in the Code. Without limiting the foregoing rights and remedies, Landowner agrees that the City may also enforce such violations by injunction, the parties agreeing that the damages to the City from such violations are irreparable, and there is no adequate remedy at law for such violations. Notwithstanding the foregoing provisions of this paragraph, if an individual owner or lessee within the Private Project Component (other than Landowner) commits a violation with regard to water delivered to his owned or leased property, only that individual owner's or lessee's water service shall be disconnected, and enforcement actions will be directed toward that violator, and not toward those who are not violating this Amended WSA. TERMINATION 24 Termination by Agreement Except as provided to the contrary herein, this Amended WSA shall only be terminated in writ- ing by mutual agreement and the tens of this Amended WSAshall continue until such termina- tion, and shall not be affected by annexation of the Property to be Annexed. 26 Termination if Illegal The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with state and federal laws and the Code. The parties further agree that if any provision of this Agreement becomes in its performance inconsistent with the Code or state or federal laws, or is declared invalid, the parties shall in good faith negotiate to modify this Amended WSA so as to make it consistent with the Code or state or federal laws as appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Amended WSA shall terminate. The City agrees that its contractual obliga- tions hereunder will not be impaired by any amendment to the Code unless such amendment (or impairment) is mandated by state or federal law. GENERAL PROVISIONS 26 No Regulated Public Utility Status The parties agree that by this Amended WSA the City does not become a regulated public utility compelled to serve other parties similarly situated. Landowner agrees that neither it, nor its successors in interest or assigns shall at any time petition the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the City. The parties agree that in the event the City is held to be a regulated public utility by virtue of this Amended WSA, this Amended WSA shall terminate and be of no further force or effect. 14 Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 50 Fourth Amended and Restated PreannexationAgreement: Bar/X Ranch LLC and City of Aspen 88 PUD Control Document, Development and Vested Rights Agreement: 1III 111111111��11 IIII 111111�11 0 //22000512:5a: SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 27 No Waiver Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 28 Notices All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at his or its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph: Landowner: Bar/X Ranch, LLC C/O Gary Finkel Gumbiner Savett, Inc. 1723 Cloverfield Blvd Santa Monica, CA90404 Phone:(310) 828-9798 Facsimile: (310) 829-7853 City: City of Aspen Attn: City Manager 130 S. Galena St. Aspen, Co. 81611 Phone:970-920-5055 Facsimile:970-920-5119 Copy to: Herbert S. Klein, Esq. Klein, Cote & Edwards, LLC 201 N. Mill St. #203 Aspen, Co. 81611 Phone:970-925-8700 Facsimile: 970-925-3977 Copy to: Kevin L. Patrick, Esq., and Ramsey L. Kropf, Esq. 730 East Durant Ave., Ste. 200 Aspen, CO 81611 Copy to: City of Aspen Attn. City Attorney 130 S. Galena St. Aspen, Co. 81611 29 Force Majeure No party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party. 30 Severability If any provision of this Amended WSA shall be or become invalid or unenforceable, the Amended and Restated Pre -annexation Agreement and the remainder of the provisions of this Amended WSA shall not be affected thereby, and each and every provision shall be en- forceable to the fullest extent permitted by law. 31 Remedies It is mutually agreed between the parties that in the event of a breach or default hereunder, the parties shall have all remedies in law or at equity, including the remedy of specific perfor- mance in any litigation between the parties. 32 Amendment; Assignment Neither this Amended WSA, nor the obligations of either party hereto, nor the right to receive water service hereunder, may be amended or assigned without the written consent of the par - Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 15 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 51 Stage Road Planned Unit Development/Subdivision 89 1111111111111111111111111111111111111111111111111 890 {12:5& SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 ties hereto, provided, however, that owners of individual lots within the Private Project Com- ponent shall be subject to the terms and conditions of this Amended WSA and, to the extent herein provided, shall be entitled to receive water service pursuant to this Amended WSA without amendment or further assignment of this Amended WSA. 33 Entire Agreement Except as otherwise provided herein, the Restated and Amended Pre -annexation Agreement and this Amended WSA (including its Addenda), supersede and control all prior written and oral agreements and representations of the parties. The Restated and Amended Pre -An- nexation Agreement to which thisAmended WSA is attached, forms the total integrated agree- ment among the parties governing the matters provided for herein. 34 Interpretation Titles and paragraph headings shall not be used to alter the meaning of this Amended WSA. 36 Time of Essence Time is of the essence for this Amended WSA. 36 Binding Agreement - Recording This Amended WSA is binding upon the parties hereto, their successors and assigns, and any sale of the Project, the Property to be Annexed, or any portion of either shall be subject to this Agreement as provided herein. This Amended WSA, including the Addenda hereto, shall be recorded with the Pitkin County Clerk and Recorder, and shall impose covenants running with the land upon all of the Project Property. Deeds to subsequent owners shall provide notice of this Amended WSA and the obligations contained herein. 37 Governing Law; Venue; Attorneys' Fees This Amended WSA and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Amended WSA shall be Pitkin County, Colorado. In the event legal rem- edies must be pursued to resolve any dispute or conflict regarding the terms of this Amended WSA or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reason- able attomeys' fees. 38 Authorization of Signatures The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Amended WSA have been performed and that the persons signing for each party have been duly authorized to do so. 39 Counterparts This Amended WSA may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Amended WSA the date and year first above written. 16 Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 52 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 60 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111 0226 //20005f 12:581 SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 THE CITY OF ASPEN, COLORADO A Municipal Corporation and Home Rule City ATTEST: By By Mayor City Clerk Date: _ September, 2005 APPROVED AS TO FORM: Aspen City Attorney Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 17 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 53 Stage Road Planned Unit Development/Subdivision 91 111111111111111111111111111111111111111111111111111111111 0 8 00512:5sr 0.00 LANDOWNER: Bar/X LLC, a Colorado Limited Liability Company By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, as Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. Date _ September, 2005 Approved as to Form: PATRICK, MILLER & KROPF, P.C. Ramsey L. Kropf, Esq. Attorney for Landowner 18 Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 54 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 92 PUD Control Document, Development and Vested Rights Agreement: 1III 1111111111111111111111111111111111111111111111111 89026 f12:58: SILVIA DAVIS PITKIN COUNTY CO R 1131.00 0 0.00 E Elm P5f C o 3 Ea D O s 01 L kua-esne EIIE �� ma�a�„s Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 19 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen Stage Road Planned Unit DevelopmenVSubdivision 93 SILVIA DAVIS PITKIN COUNTY CO 10R 11111131 1 a0 0 8005 12:58r m AS �A As m� . is s! of _ am' of 0 i 8 @ � 90 u E;m asg s J W E E f3 ➢ o Q Lo q ;eR v a A4 U 0 C] a s tt4�d 'Y••... SE �� � >m$ a n ens > r 5> .` a Eilll .. 20 Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 56 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 94 PUD Control Document, Development and Vested Rights Agreement: IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIII IIIII IIII Page:00 0790 8005 12:58F 1 Addendum 2 Water Service Agreement City of Aspen 4X Ranch, LLC WATER RIGHTS A. Primate Proiact Component Convevanr e. -/X Ranch, LLC will convey 0.35 cis in total from its interest In the following Specifically described water rights, on a proportionate basis between the water rights: 1. The Willow Creek Ditch and water right, Priority No.129, as decreed at Civil Action No. 132, Oarfrekl County Diabicl Court (in former Water District No. 38), with an adjudication date of May 11. 1889 and an appropriation date of July 1, 1885. for which the total amount decreed Is 3.0 Cfs; and 2. The Willow Creek Ditch, First Enlargement and water right. Priority No. 174. as decreed in Civil Action No. 132. Garfield County District Court (n former Water District No. 38), with an adjudication date of May 11, 1t389 and an appropriation date of May 1, 1887. for which the total amount decreed is 3.0 cos; and 3. The Willow Creek Ditch, 2nd Enlargement and water right, Priority No. 209, as decreed in Civil Action No. 491, Garfield County District Court On former Water District No. 38). with an adjudication date of June 23, 1892. and an appropriation data of April 16, 1891, for which the total amount decreed is 30.0 ofs, and 4. The Herrick Ditch and water right, Priority No. 440'r4, as decreed in Civil Aden No, 3330, Garfield County District Court (in former Water District No. 38). with an adjudication date of February 5, 1940, and an appropriation date of October 1, 1890, for which the total amount decreed is 9.3 Cis, absolute; and 6. The Herrick Ditch and water right, Priority No. 683, as decreed in CrPA Action No. 4613, Garnett County District Court (in former Water District No. 38), with an adjudication date of June 20, 1958. and an appropriation date of August 1, 1951, for which the total amount decreed is 51.66 Cis, absolute. B. Conveyance of Dedicated Raw Water Rights. 4X Ranch, LLC will convey an amount of water sufficient to moat the lesser of (1) the raw water irrigation requirements of the open space associated with the Public Project Component or (2) the irrigation requirements of the number of acres, not to exceed ten. historically irrigated on the 20-acre parcel committed to the Public Project Component as shown on Exhibit V to the Pre -Annexation Agreement as time terns are defined in the Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 21 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 57 - Stage -Road Planned Unit Development/Subdivision 95 III !��111111��11 111 I 111 III II IIIPage: 80 0r 12?58: SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Water Service Agreement, which amount of water shall be computed on the basis of 0.09 cts per acre. The water shall be conveyed proportionately from the -/X Ranch, LLCs Interest in the following specifically described water rights: The Willow Crank Ditch and water right, Priority No.129, as deemed in Civil Action No, 132, Garfield County District Court (in former Water District No. 38), with an adjudication date of May 11,1889 and an appropriation date of July 1,1885, for which tho total amount doomed is 3.0 oft; and 2. The Willow Creek Ditch, First Enlargement and water right, Priority No. 174, as decreed in CH Action No. 132, Garr County Dishkt Court (m fomtar Water District No. 38). with an adjudication date of May 11, 1889 and an appropriation date of May 1.1887, for which the total amount decreed Is 3.0 cfs; and 3. The Willow Creek Ditch, 2nd Enlargement and water right, Priority No. 209, as decreed in Civil Action No. 491, Garfield County District Court (in form Water District No. 38), with an adjudication date of June 23.1892 and an appropriation date of April 15,1891, for which the total amount decreed is 30.0 cfs; and 4. The Herrick Ditch and water right, Priority No. 440Y� as decreed in Civit Action No. 3330, Garfield County District Court (in former Water District No. 38), with an adjudkaton data of February 5, 1940. and an appropriation date of October 1, 1890, for which the total amount decreed is 9.3 cfs, absolute; and 5. The Herrick. Ditc hand water right, priority No. 683, as decreed in Civil Action No. 4613, Garfield County District Court (in former Water District No. 38). with an adjudication date of June 20,1958, and an appropriation date of August 1,1951. for which the total amount docroed is $1.66 cis, absolute. The amount to be conveyed for the Dedicated Raw WaterRights is of Me totalwater right decreed and is further limited to the irrigation of not mom than din tutal acres determined to be open space, which in any event shall not exceed the irrigation requirements of the historically irrigated acreage on the 20-acre parcel, not to exceed 10 acres. 22 Restated and Amended Water Service Agreement: Bar/X Ranch LLC and City of Aspen 58 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 96 PUD Control Document, Development and Vested 515890 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII1 page: 97 of 0007D 125Sh 0,00Z SILVIR DAVIS P17KIN COUNTY CO Exhibit G: Intentionally Left Blank Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen Stage Road Planned Unit Development/Subdivision 111111II 111111IIII IIIIIII II III I ��890 //20005598f 1226 25W SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Exhibit H: Proposed Zone Districts oaa H i Q m'@z �X da0 WIN 60 Fourth Amended and Restated PreannexationcAgreement: Bar/X Ranch LLC and City of Aspen 98 PUD Control Document, Development and Vested Rights Agreement: s002 sI IIIIII111111111111111111111111111111111111111111111111/0051:8. 1 D 0.00 Exhibit 1: Floor Area Calculations EXHIBIT I 26575.010 _. chaptes26m M2SCBI.LANgOUS SUPPLUKENTAL RP.CULA770NS Sastkns: 26575.010 General. 26S75.020 Calculations, and mmmeesents 26.575.020 Open Span. 26575.046 Yards. 26575.045 Jank Yard wd Service Yards. 26575.051 Fences 26375.0N UtflkyArash make cocas. 26375A70 Use egaaw fanlage 0mitati m. MA75.0611 Child care water. 26575.091 Home occupations 26575.140 IaaMwpe maiphawoe. 26575.116 Buildingeanlopee. 26375.121 Satellite dish antennas 26575.131 Vnrdae 7derommmiwtiw Services Psdlpfa and Bquipleeat 26375.141 Accmry uses and accessary slratdurea. 26575.151 Omdow Lighting. 26575.160 Dairaft , 26575.170 Fad storage tasks 263M.1N Rmbaraat. 26575.111 Farmers' market. ` 26575.200 Group Hamel 26.575.010 General. Regukeione ePaifrod ie nmar aectimu of thk TWe $hall 6e ea6jwsw the falkwiog aspplgneakl regulatiom 26.575.020 Caleultttionaaadmeoarwece, Thepwpox oftint Section is w act forth ngrpkwrwtal regnktlmawhkh Bloc to rnetba& far wknWlug and t7mesprblR tmtnincuetpaatedtervu aired in thkTitle 1lte drfndtiom dtbe Berm[ are net fade at Section 26.104,100. A. Fkororas In mwaming flocrawfor floor aewntio and allowable Door area, the fonowmg applies 1. Genaul.l0 memriugflmrareetathepmpww ofwlcvletiogFlomawntioanddlonabk Door ern, tbncaha0 beisdudrd ttulbora.w.iitlmthe amruunding waalawa0a(rawemed from Ikeuwtmim Rakw)ofa burg, aPortim tlimsoL 2_ Decks admaiec.Pa,rba$ JM JM and cmiwma. 76e calwkNee of r6e Door err d bdldhrg w a pmuon Pacwf dmll wt includedeclka, bakotdw, saw u stahweys, trtraew and 619 t+e.aeawvys Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 61 Stage Road Planned Unit Development/Subdivision 99 515690 I IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII 226 100 07 20.00 258t 1 wsn.m0 similarfwtlms, mks Ole vnofthem hams is in:aa thin fifteen (15) parentoftbemax4 �allownWeflaoraresofthebwlding(tbeexeeesofthe 15%dadlbemchtdo4?orch=xwl tot be round towards FAR 3. Garnett arsew.end4n "A inallmaedimimexcepttkR.15-8aiMic,fa the Pop= of ukalafing Haar area hobo and allowable flooram for a lot whom principal unit reUCR614 pmgea caspnn, and Shongemms shall beexrWdd up n a maammp area Grain hundred fifty (250) same feet par dwelling ark; an gwage-capam and stmaK areas betwee, no hundred fifty (]50)and than hudrd000)agme fin shall mum fifty(50) pace ignorable Baronial; as garage, wpm and abage areasin emrn offive handed (500) alone loot per dwel ing unit until d included as W ofthe, residential An, arm ealuddm. Far ny dwelhogunit which cab be secemd from an only orprivae road eolering at the wall or aided ]bedwenillgunit,thegmpShanonlybeexdudedfiomfloor=CalC aMupmt"bw- did fifty (250) square fact per dwelling war ifnis loutd an said WirymrO4. an Singe, W. pm and slarage amnbeNroen two hundred fifty (250) ad five hmtlrd (500) aqua flats shall mum fifty(50)percumtowards allowahkflow area. For thepropams ofdeleaiongft nlx. live,ifany, Applicable pnga,aarpora,and adage n,a,theon, ofall manamneaplow than beagangaaat In de R-1 atarndlm, mW, u p , one awaga areaeban be Inibdb a five hundred (500) square foot exemption 4. agQr�.TodelmnvmthepardmofanpadeaaasthatasetohemchadiGweWa- mg floor are; the following thW apply: a. Fmmyabrythst panialysboveandpaadanyheiowahnlafnishdgade,wh¢G even u Iowa, she mnl Dwmnge olenedor aafeer wan asra den n e'4bmd above ne ram sentftoveofdregrdesshdhthe toW pemenngenNhepsraaapmefmngr atdreaubjam suvy incbdedin Ore Morartammlada.SWpade abdad®aexpued WnW'surface was mpshW h ucludd noun noon w wlcYlaaam. (Examples If fia m (15) pwamt of he eaeaor surfaz wd loft his bit expand above unalathe3odgradery win be j lIowa), slam fiflaw (IS)parent otdre grin aquase foaagc ratite snbjea aoryw9l be included al 0ua arm) b. Alm ealldad fmm flint mu c"lolims Ain be my prole¢ ofacubgade anaaery dwelling unit whom exkrior rather wall am is aWmd shove grde fn. gags, window opening. doors, and Similar ways ofgettmg light ad air ion The unit, a dr, provides err quird Unifixm Building Code agrees to the air no maxion, amaml of this exd®m shall be on hundred (100) afar the floor am oflfle awasmly dwelling art. e. to dwelling W11gagdrate aareatandfiommdeyorpesvagradanmtudarareaa satin of We awellhg hop, she gnragc or copal shall my xeup>tle for the esnualoademdbd in sub-surima t and b. if it is lantd aoaffi uW atley or road. peaawaar.xuo War 62 Fourth Amended and Restated Preannexation Agreement: BarfX Ranch LLC and City of Aspen 100 PUD Control Document, Development and Vested Rights Agreement: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII page: 101 o 26 22 R 1131.00 D 0.00 26.515.e10 d. In the R.1511, snotdistrict only, gseages, aarlttts. AM smnge seeas shall be excluded fromnxidmual floorareacahadetioexupmanuxmmmoffivebuomcd(S00)sglurofeetper dwdliegunis 5. (Rapnladby Ord No.56.10t10,§9) 6, AarexaervDwelhiee Unie.AnA=mMDuellingUmtsWbacgeakWandam'buWw the dbwable,A mseesforaparxlvimshetune incbtlemaMexclusions fix, celwhtin¢Floor Am as defined in this enctim unless eligible far an exempdm is, deenbed helot: Onehunmad(100)pe oxe of the Flan Ara of. ADU wbich b dauehed frem the prinory residence aM deed re saioredna"For Sak^affordablehoosmgunnaMtsansfeuedvagmligMpmd sefae . danee with the AspeelPIdim Coelnly Rmuinit Authority Gmdelaws, as men" shall be to. chided fima me mlcel aticn of Flom Ares, 1. J,jg.Aaydemadtinkhgtheprioeipal strucwremmmacaartaypnrchnesh0am h. utdrdadlo me Weuladonofnoor waaP^'d�mudie lmmeg esawaesaoo marsthmm ®e (1)smry Wish (6) feet wide and w (10) rest Rtw Arw oflhlung sbocouemeaaes aftea (10) fen in Immglh sball be counted in flner area. 690.1 uwrws.r•�a Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 63 Stage Road Planned Unit Development/Subdivision 11111111111111111111111111111111111111111111111111111111 1 1 Page:00 0 890of O12: sat 26.57S.020 hour o the height d she ridge. Chunneys end Gies spportmaoces may exsnd up to a mutinom of two (2) fin above the ridge. d. Chimneys, Aaamx mad Other AMU;m ears. Amama, elarmM floes, wino a similar sinuousness shah out "end over in (10) fees When the sprdfied maximum height Unit, except for roofs with apmh of 8:12 a greater, theses WMM may tot existed mine thm ewe(2)feu above therids. WWWtroves nd mechoical apapmmd shWD a ,,it over five (5) fed above the specified mnimmn height gmic Church aphis, bun towereand blx ardtsectmd projweaos, a well as flag pole; may mw.rd ever the spmfled rmd- mom height limit. 2. iunrian. for Bnldhev on S7ones. Me =KuWu height of a Wildiees from (roves p- ing) fees& may exmws fa the first thirty (30) fat ofdo buil3ngt depth. 3. Euwdoa for Aremmw. LieAreeells and Baseehenr Smbwellt. An awawsy. houseu a hus=W stauwe0 of hat thus are hendad(100) square foes, enth yrdznedbehind the ver- tn1 phoe eooblished by the paan of the Wilding facade which is closes, to the slat and enebeed WWI tour sees so thi. eights,, (18) iecem ad. finis flow lord d,dl not b counted towards malmma "isible height. C. [R Aeee FaaN h the RI7-B zone tifnict, wen caladatina flea area halo. lot seeas oats, ndude only arms with a slope of has than 20%. In addidek half (.SO) of let area with a dope of 20-30% may be corned awards hour area ram, ones with slaps dOoaersign 30% dM be ex- chdrd. The Mull redrum in FAR attributable to slope redugro fa a given sin than m exceed 25%. Also exnhded fin tows la atu for the purpose of floor an mscuhams in a0 >me dankt u dot secs I.enrAh me mgh weer pre of a body of wain nd tut an wdfan a needed j#tof- way, a witloe We M.3 a WWowd dedicud a *g of.wiy or solace vu, meoe, lot sees, shall Maude my Inds dedicated m the City of Aspen or Pitgin Camay for the public loot syaem. my open rtigsao diseh, a Wry Isnds wblcct to .shave gtwad a bdu. ground surface assistant cosh w valisim this it. nx cemeidc with rows oaeusum. Ws. eskWeong detests, lot sees What haw the same exclaims ad mchssioa a forcaleWaing Dom ate ratio except for eaclmmo of arts of peaathn 20%trope. D. Side Cowrega Sim conrege is typimlly exprmed a a poveaage. When calnlatueg site covmge of s structure or building, the extorter welh of the stuaure a building a gsood Jowl should be owl Pushes, rots, or bakny owdtsetgs, mdilaweed wilding elmeon eM si®la fesma esteo&og directly o= pede shall be excluded fran nuenmuen allowable srm coverage cWkohacm. (Ord. No."1999,g7) 691 1mm 64 Fourth Amended and Restated PreannexationAgreement: Bar/X Ranch LLC and City of Aspen 102 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111page:/80 0o12=5& D 0.00 Exhibit J: ADU Regulations M52D.010 EXHIBIT I antiswumo ACC=0Ry DWHLLDiG UNIT; SKlima: 26d20.010 Propoz 2L MM Gettcal. 16JMW0 Autletaty. 26.;2 AN nen'' girds, 26521M C kwfine and Nua.eeeeom. 26MOM Dad Restrictions and Rafoea =L 211s20Ad0 Prnrdttre, 26SM-M Ameodmnt of ADU De.elepmees Ocdee. 2 52"10 Parpese. The purpom of not Accessory Dwelling Unit m000ede (ADU) Plaptior, is re MarnadW kat-abding WM Which da ', silly, atd mvimmlggallY tnsp�k devnlopmrnt its,Aape dte ermrt noel Aq. d. ean..say. Alper vdm helsmad neighbothode ad a oeofmmtm ft bettvea wofing taideea ad isse"..asi6, ADUs rest t viahle lassies eppo suniss; fen Wutipg Rdde ea and elks, anineyoen in 11"witlk tle Work of rise cotnmarity whhum 0,* boosting being a only intagniabte u"am- *lAre Imreog.• AD@ A" help W address die died of arresting hamm, whieb have pro- vidd weddotee barring, heidg dpdfimtly rodmWopnd. oRm a setec dhomes. ADUs upprtt Inc.] Aepee bmiiwere. by psovidwg m emplaywn bast wmm On sown ad pmvidiog a Anton total of local stoodrast impotlm to pig Aspm's ebsew tes. ADU& dlew mnand bate re the appoemihy so b m m on<ioe cmCaker to malOdn dndr prop e.ry m dteie ebeetsa Inena.ed anpkyc 1Wtui.9 oWmmldee in erase prep airy k emplay- mem and renuoos oars is also a uviemaeldly pmfmad led ou Plum which rt- daeu emnwbW teg,,, Detsclxd ADUs emehk a historic devdoPmentpuam ad asWirsdae the pdvaeir ad 0vAil. ity 01 bah dw ADU ad ds, pdamy unit Dariml ADM as mare hkedy m beacmvpied by s lout working resident, fturhedng a ,a ,airy Scot of houtiog thewmldmpe, To the extern Aspen drakes daxhed Aecmmry Dwelling Units whicb p*vWe vwbk see, liv- abk he"WAS oppastmitie W kcd working mWeats, dehchd ADUs qualify existing vauot lea of mooed ad aipolkmt nelevelopmmt of esheing homes for an sesepim Dao tla Growth Mwp.®mt (lma Sysen In sdditim, det.ehed Altos dad rrny.cd r `M asb^ unfit Weaning to the AsisaMi in Coumy Homing AudooM GoideHDM a amedek ad sold weending to the pcmdmos aablteld to the Guidelines provide for cedaht Floor Am ircasives. (Ord No. 4621D), d 1(pe)) Wemm 678 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 65 Stage Road Planned Unit Development/Subdivision IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIII IIII IIIIPage: 89©012:58i SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 103 2652R020 26uP,020 GeneaaL An Accasay Dwelling WILL or ADU, is s sepmes dwelling unit incidental and aubmdiem in a x and chstecfer no the Prioury residence and loavd a the pore is" or on a eamtign. an Ion under the same ow irship. A phnary taidnee may haft no awe than orn ADD. An ADU may in be amewoty in nodi f ADU. A dew.hed ADD car only be cownyed wpm from the primary relder,rn ae a 7nr safe' ARmdable Housing unit m a q.HW poraha. pmsoam the AgincA des CountyHersnig Authority Guidelines, a Mandel. An ADU salt net M considered a avit of danky wish NOW m 2061,11; MininnaW. Aaamy dwelling odw sWl not be and no obtain polm to the affacabic hn®og nmgvy of the G thMangy Wasast Qnma Syton (UMQS). Accessary dweling stouts also may sort be used us meat the W, of ChWw 26.530 "Residential Mu114Padly Homing Rcishonem Pmgam.' A8 ADUs shall bedevdoped in cardomnanco with this Seedon. (Dd. No. 46-2001. g 1(pd)) XSX= Adseft} The Community Develops Dnmor, in accordance with the poordmcs, suedmh, ad Imsitatiom of this Chaplet and of cancan Derolopmmt Review Pnscsch sn, cbWM 26AH, shall approve. approve with conditions, or dMissrowi a land vse application for a Aressmy Dwelling UnIL At appal of (be community Dcvdopmas Diremds dmemiusdm anal he emddae i by die Pleming wd 7.onmg Com®acion tad appowd, sppowA with lon liti., ,a divappovd, p nest in Section 26520.080, Special Review. A had = application rquesdng a variation of the ADD design stavdnds shag be approved, approved with ccomditima, or diuyproved by the Placing and 7ming Conmmslcn, pun" to section 26-VANO, sped.) Review. g the Ind one sMionion rainstmg a variadta of to ADU deeigt sndada Is pad of a cuciulishlad mWicaden pocesq authorVef by the Certainty Devlppa ns Dino=, mgelmn8 Cans CIM1100 by the Historic Pmtavalion Cmoninin, the li sonic Plesenw to Commission shill approve, accost wish candidness, m disappove the vuhnion, Poison, to Section 26320030, Specid Review. (Ord. No. 46-200I, 41(pnt)) MJ2U.0dd AppOnhMry. This Section applies to all soon districts within the City of Agsan in which a AcoYvay Dwelling Units apanined use, as dedgusmd In Cyr 26.710. aid used AmvsneyDwe6 int Unity approved prior to the adoption of Dmusm¢ No. 46. Stria of 2IDI. (W. Nn 46 20DI, 4 1 (pall) 26d70ASD Dwain Saaodmds. A0 ADUs sldl oonfam m de folbwing design aaderds uelms odmwba aMeovad, Vasa at to Section MSWDI10, Spain] Remw: 679 wrM 66 Fourth Amended and Restated Preannexation Agreement: Bar1X Ranch LLC and City of Aspen 104 PUD Control Document, Development and Vested Rights Agreement: esma1�5II1111111111111111111111111111111111111111111111 28F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 16.620.0" - 1. An ADU must ounum brlwmo three hundred (3CO) and eight hundred (300) net Buhte tgwa feet. ten (10) pacaa ofwbkh mat be admet a storage area 2. An ADU wmr be able re tagtino a a separate dwelling unit. 71k includes the following A) An ADU none, be sepa+4ly nmssible from the Maim. An interim manatee W the primary tandems, may be approved by the commission, pmunt to Spatial Reeiow•, b) An ADU nun hate acp.,aWly russibis nNlda. Tech Amu not gndade shoed am- ,ims: c) An AIDU sba0 amain a kiudrm mntamlag, a a sadmum, as wen. a stave with two humors. a sink and a ref igerstm with a minimum of slot (6) a ek fat of capacity and a fieva; and, d) An ADU aball contain a bskomn anuiaieg, a s minima, a sink a ndlm, and a shower. 3. One puking spore for the ADU shall be provided au -site and remain avail" for the beeflt of the AOU ru}data. The puking gsce shell no be stacked wide a apace for are primary rmidnvm 4. The RdsW }ion beight(s) of the ADU shall be entirely above the nasal a fnagod grads, whichever 1a higlrzr, on as sida of the str¢nae. y. The ADU sW to densities from ono prmay madeam As AM lamed glow adu ions surge m storage was, &hall qualify a a detrbed ADU. No aba aoeetiaa to the pri- mryrcadata. er partiom tAaeaf. than qualify the ADU a lose W 6. An ADU shall be leaned within the dimaaimnal requirements of the sent dtrtria in wbkb the property is lased 7. The rod design shall pevad now, and ke ban wedding open an aanma in an AM B the emttam s womessei war stag sufficient meats, m prevmung now and is loom acm- molatlng on the antis slmll be provded. 9. ADUI sbap be davol pod is s..data with Itti noW nemmra of this We which apply to resideaial developmm in gentod. Theo include, hat as, not Smiled to. she Ustfmm Boildmg Code teprhmsns relaod m adequate natural light, VOW1600, fate otiose. foe —1.emd ..be b.ing..ae.7 �-1—F wd.A. 9. A➢ ADUs shad be regiakmd won the Bowing Aurhaity sad the property shall be dad meioed in amrdane with Seaien 26.90.070 Dad Renictim TMs standard ray not be varied. (one. No.462001, I I (pas)) reverse» 6eo Fourth Amended and Restated Preannexation Agreement: BarrA Ranch LLC and City of Aspen 67 Stage Road Planned Unit DevelopmenVSubdivision 105 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIII III IIII Page:0/078g of 26 12?58i SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 26.520.06D 7E.S10Lg0 Caleuladmsed Meommrunh A RwArm. ADUsrm onibuied w the mmimmn al)owab]e Soot am forthe pveoyroPM W nhieh deY am demfoped, pmmmt to Section 26.575.020 Qlcdations and Mee OMMEAL (Ord. Na 46- 200], f I (pert)) d N,(Li,,hkSpamr Frarege ADW rote —id ter s thin hundred (300) and eight hmdrod (NO) squem fat of net Svebk floors West odd daru& a Imd w.e. The 1-ktd Wden SWbk ma diHne slightly, fine, der calculation ofFlner Am mumor6 W itmeaemea the interim (green, time order min (Ord No. 16-2)0I, 11(prt)) UMU70 pad ytwhielfontmdEdommmt. A Dadlnaiedam. At a rd®am, ell properties, continuing no ADU abaft be dad mudcwd in the f )Wft • nor: • The ADUehat W:megiDU Aahtht eciAtifird tl 1.9CouHoming Auntmdy. • Any omrpmt d m ADU drp Ic gWliEd ea a lad wwkmg midmt errasdh,g w dre meanAMMITUk)a County Housing AWh"Guidelines, ore ammdd. • The ADU shaft be rulfimed W lose periods of on km elm six(6) maths in dmadnm.m u nhawiw aq'm°d by do cmv, Aape/Pidde Corny Heudeg Ardodty, G ddti lea anus be wombed with the Homing Authority. A demchd end pnmmadY affordable Aoomrmy Dwelrlhrg Und T"itfymg a popery run a Fkm Am Faemptioe, pmmant to Semi= 26575.020(AX4 shill be dad restricted on a "run Svkn Affmdebk Houing Veit end conveyed m a gmWW pmehasa, rummng to •h AspmRiBm County Hoeing Authority (hade1oomas rmendd Amnmry Dwd ft Udn:concord m Mendamry, Do<v7mcy to exchnop fa a floor Am Boma prim w the adopew of Ord'mmeet 46, Series of 2001, shill be eaor vromO occupied by a Imd working ran" a defined by Asps /Fwme Cm%q Homlag Authority. for Iona pedodc of six (6) months m greener, MIM the owner it granted 2WOW 10 r one rt- miedon purmaet to Smooth 2A520A00(A), hssu6parod AdnWdumb. the Asps idon Couory Homing Authority sha0 provide a pmdmd form fa NoW derl M may DweOmg Unit deed msbiceons. The dud tulrictior sha0 be mar I with the Pddn Graq Clan and gazed. prior m m eppfiodW per a Wilding permit may be aumtrd The book end pegc mKuW with th, mcurdedon shill be noted W the builder permit pbaa kr m ADU, A Eb/srtmoct The Aspm/Pilkto County Housing Authority. or their desigme• dull to— the memdcd dad o m me, bawem our property owner rid AVm?iddn Came' Homog Mabordy. (ord.No. 46-200], S I (pW): out. No47-200t, b 1) "I M 68 Fourth Amended and Restated Preannexation Agreement: Bar1X Ranch LLC and City of Aspen 106 PUD Control Document, Development and Vested Rights Agreement: IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIII III IIII 2 0e 0 890012?sea Exhibit K: Intentionally left blank .. _.. __. _....... Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 69 Stage Road Planned Unit Development/Subdivision 107 8g0o1�581lilll I1IIIIII�Ili 11111111111111111111111111111111 2: SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Exhibit L: Western Access Road Alignment and Location of Associated Trail Locations j s ji �n 70 FourthAmended and Restated PreannexationAgreement: Bar/X Ranch LLC and City of Aspen 108 PUD Control Document, Development and Vested Rights Agreement: 890o1581 II1 11111111111111111112: ; SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 I Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 71 Stage Road Planned Unit Development/Subdivision 009 111111111111111111111111111111111111111111111111111111111111 800512:589 SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 72 110 v VIT 1 PUD Control Document, Development and Vested Rights Agreement: (IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIII III lill0 //08005 12:58F 1 00 �I �nx) � � 1 r• a e.I�: F �a 1 / -44 - ti �� J • laws SZ � rj i Oo i �j 9V9V rol II '. f� R �1 "Ali pIj `+ j `, i, fm { I �. �[04 i i � f � III j' •� i�;• I raa ((,, � �ii v� t t k � F !It° I - wbR. IMF - Is' 1 J' /,. � j • noun Ira t YI i i y i rourin Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 73 Stage Road Planned Unit DevelopmenUSubdivision 111 111111 IPIP11111111111111111111111 0/0 89©o12:58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 74 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen tt2 PUD Control Document, Development and Vested Rights Agreement: IIIIIII111111111111111111111111111111111111111111111111l e058005 of 12:58r 00 D 0.00 - -- <r� itN ii Fie 1 03 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLCCof Aspen 75 Stage Road Planned Unit Development/SuWivision 113 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a 05i iz?sa: o R 1131.00 D 0.00 Exhibit T-A: Land acquired by Quiet Title Action EXHIBIT T-A LOCATED OVER A PORTION OF SECTION ZTOYd1SNIP 1050Un{RAW6116 FSOFTH Nh PRINCIPAL MERIDM, COUNTY OF PITON, STATE OF CCUORADO, SM DESCRIBEDASPOLUOM BEGINNING atthe sovtoustCar d Lot 5, sad Sw5on; thdtcx along Be Soft Line of said Lai. NvN SB•1548'WasL 435M f dtasaid South Undaia molm, ah thew union dthe eldsbg Inman Emu tdared In in deed tecbtdedin Book 351. page lNit dtwP Mena, anng acid lens fine through me IWming swsas N,a1h 13 A5T-East 11A50Inet Nodh 12-,W5F East 2Bd.79 i1; and Nam 12'34'46- Ear, ffig51e:t on the by d a 0"ps4e above ftRwmg Fck River, Ihwo, lravag Wad coca fine. along and IN of elope though me folmmg Dune Sadh 599d'm• Earl, 69.27 fed to a point on a noeo-targent 100000lod radius arve cana.e Sm ent _ o fr1a0d..1lPfi5n3eaIkMMpddd17hegAars5" S5o7ulhO7'IIW East 50 0a3tekrl)e(dhxSlogusaai2d1c.u1rvBSe7, E,,t d,53feanpe Sodh05.3T10*W*A3;00Inet SoAID-J 00'East R500IM10 ebagmnVgdahngak4O.ODoet ndhearveaalQ.etJmwosL SmahadY,SoutheaaledY.Earsdyand Norlheas"alz%sadomatea* a eanaal angInd109'11'30'a lanplh d)323fnt Scum 25ZG51-East 42.24 feet Soum3STME A /3A) feet SoW 209C'32• Ent 50.201aat and Swlh 27`a1'19• East 17.101ad to aid epda'spe's nbrsaSanwilh fM Fast Line of aid LctE mane, along said East Line, Scea a'0e'S2'YW, M.a5lean an U POW OF BESINNING The kaae 'duenLad 9ar/XBach Pawed 2,cmaka 2.915 Ant aaaa Yaa t 76 Fourth Amended and Restated Preannexation Agreement: Bar/X Ranch LLC and City of Aspen 14 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111 Page: 115 of 226 0/07//220005 12 : 58F stags) R(D)Rd suffiaAhow-1 the design guidelines stage Road Manned Unit Development/Subdivision 11111111111111111111111111111111111111111111111111111110/0 890 12.5ar 6.00 115 Introduction This document contains The Design Guidelines, the procedures for approval and construction, and the list of approved plant specimens for landscape work. These design guidelines are focused on residential construction on the BanX Ranch and the free market lots. They do, however, also govem construction of non-residential buildings on the ranch, and in the Cultural Use Area. Some of the guidelines may may be less relevant or not relevant to non-residential construction on these other sites: the Architectural Control Committee will exercise its discretion in applying these guidelines to non-residential construction. z Stage Road PUD/Subdivision: The Design Guidelines PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111III1111111II1111110 0 8000i2228- part 1 guOC�C�OO�Q�o an overview stage Road Planned Unit Development/Subdivision 117 IIIIII11IIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIII111111/ 00o12:58; SILVIP DAVIS PITKIN COUNTY CO R 1132.00 D 0.00 introduction There are many reasons for regulating various aspects of development - regulation of the design and construction of buildings, of utility infrastructure, and of the alteration of the natural landscape. Substantial regulation of development is already exercised by federal, state, and local governments on the basis of public health and safety, and protection of the environment, and wildlife. In regard to Stage Road Subdivision, the federal government exercises regulation through the Clean Air Act, the Clean Water Act, the Environmental Protection Act, and many other pieces of legislation. The State of Colorado exercises regulation in regard to potable water standards, wastewater treatment standards, effects on wildlife, suitability of soils and geology, etc. The City of Aspen exercises regulation through its Land Use Code, Efficient Building Ordinance and the Uniform Building Code. Wnh all these layers of regulation and control already in place, why have the developers of Stage Road Subdivision chosen to impose even more regulation? The reason is to protect and enhance the investment of lot purchasers and homebuilders by insisting on a consistent high quality of architectural design, construction and landscaping, and by maximizing the privacy of homesites. This provides a mutual benefit to all homeowners in Stage Road Subdivision. The legal basisforthis Design Review isto befound in the Declaration of Ar hit ct ral Restrictions to Stage Road P D/Subdivi ion. Please note that the Qengral Declaration for 4tagg Road P D/ Subdivision may contain additional restrictions and obligations affecting construction of buildings and site improvements. In the event of ambiguity, the DecI rafon of Architectval R Mtn lion fo SWoe Road Subdivision will control. 4 In order to keep the Design Guidelines as simple and understandable as possible, we have divided them into two sections; The 12 DesJ,n Strat,,Jes and Design Approval Procedures Design Strategies There are twelve basic strategies, some of which have sub -strategies attached. They have been arranged roughly in order of pnority in order to give guidance to applicants. All, however, are regarded as important. V\@ do not seek to apply a particular 'style' of architecture in the way that that term is generally used; we intend instead to encourage creafive design so long as the impacts of development, visual and otherwise, on the balance of the -/X Ranch, on our neighbors on adjoining properties, and on the environment and wildlife are minimized. Procedures The procedures start with an informal on -site conference prior to any submission being made. This includes members of the Amhitectual Control Committee, the lot owner, and the owner's architect. The approval process has two stages - Sketch Plan and Final Plan - and there is also regulation of the construction itself - so as to minimize environmental damage and impacts upon neighbors. City of Aspen Land Use Code and other government regulation In addition to these Design Guidelines, building design and construction is regulated by other County, State and Federal regulatory agencies having jurisdiction. Of particular importance is the Aspen Efficient Building program, described in detail in Appendix B. The lot owner is, of course, responsible for ensuring conformance with all applicable regulations. Stage Road PUD/Subdivision: The Design Guidelines 118 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111 11�11111 //20 5 12 :5ar SILVIR DAVIS PITKIN COUNTY CO R 1131 .00 D 0.00 Licensed Architects and Engineers The Architectural Control Committee requires that a licensed architect design any structure to be constructed or located within the subdivision. Use of an architect with experience of design in a high mountain climate is strongly encouraged. Colorado licensed engineers will be required for soils and geological studies, and for the structural design of all buildings and other substantial improvements. Sustainability We support development that is responsible in its use of resources and will contribute to a resource -efficient, conservative, sustainable lifestyle in this fragile environment. As a result we strongly encourage energy efficiency and water conservation and strongly discourage the use of old growth timber - whether local spruce, west coast redwoods, or rein forest hardwoods. Most local contractors are aware of these issues; please work closely with your architect and contractor to understand the source of the materials you use so that you can understand and feel positive about your use of the planet's resources in building your home. Healthy Homes The ranch grows and raises food, is moving towards organic beef production, and has a strong interest in not allowing the use of potential chemical contaminants on the property. Materials and components used in construction come from factories all over the U.S. and abroad. Many chemicals with known or suspected human health risks are used in the manufacture of these materials and components. As a result the EPA now believes that environmental pollution within buildings is a significantly greater health risk than outdoor pollution; houses can be significant health hazards. However, there are more and more non -toxic construction materials available as the construction industry moves steadily towards green construction. And passive -solar high - mass buildings are also healthier because they allow more fresh air without increasing energy costs. Strategy 2 decdbes our proposed green construction program which is tightly integrated with Aspen's Efficient Building Proomm. In addition, the association will have the right to ban the use of materials or components which constitute a significant health risk. Stage Road Planned Unit Development/Subdivision What can I build? Development Rights The development rights attached to each lot have been determined in the annexation agreement between the Bar/X Ranch and the City of Aspen, and refined through the Planned Unit Development and Subdivision approval processes. Distinct portions of lots Typically, each lot consists of 4 distinct areas of land: ■ Construction: a house, caretaker unit and outbuildings ■ A landscaped garden ■ Anatural garden ■ An easement for agricultural uses under the control of the Ranch (not on all lots) Subject to the Declaration and these Design Guidelines, you have complete control over, and exclusive use of, the buildings and the gardens, and you may have occasional use of the agricultural easement. Main House You can build a Main House of up to 7,500 square feel. This may be increased to 10,000 square feet with purchaseofaTmnsfefable Development Right (TDR). Purchase of Transferable Development �1�1111111111111111 1II III1II 11111III515 Page: 0/0 89Do12:226 58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 119 Rights takes place through Pitkin County. In the event that TDR's are not available for purchase after a reasonable effort is made to do so, or the City Council rejects a specific TDR proposed for use by the lot owner, a payment -in -lieu may be made to the City of Aspen. Determination of square footage All floor areas are measured using the City of Aspen floor area regulations for square footage inclusions and exclusions'. Caretaker Unit At the same time you build your Main House, you must also either build a Caretaker Unit of 600 to 1,000 square feet, or be relieved of this obligation by purchasing a TDR from Pitkin County or making a payment in lieu. This Caretaker unit is technically called an Accessory Dwelling Unit or ADU'. You have the right to select a tenant', and you can even leave the unit unoccupied. The ADU may be architecturally integrated into the Main House or may be a separate structure. If the ADU is occupied by a person or persons offering paid services to the households in the subdivision, you will receive a discount on Homeowners Association dues in recognition of the Contribution to reducing subdivision traffic. Landscaped Garden You have the right to develop a landscaped garden extending from the exterior perimeter of your buildings to the lesser of: a distance of 100 feet to within 15 feet of your lot boundary to within 5 feet of the boundary of the agricultural easement The size and location of your garden is therefore dependent on the design and layout of your build- ings. Design control and review The design of the Main House, the Caretaker Unit, the outbuildings, and the garden are subject to design review by the Association, as described in this document. Maroon Creek Viewplane In order to protect wildlife in the Maroon Creek Canyon from impacts, Applicant and City Council agreed to limit visibility of buildings from the floor of the Canyon in its narrowest section. This restriction is specified on the Subdivision Plat, and only effects the design of buildings on lots 7,8,9,10 and 11, Fencing Fencing, where it is allowed, must be of a design approved by the Colorado Division of Wildlife as consistent with ranch operations and the free movement of wildlife. The Ranch is responsible for the fencing of the agricultural easements. Irrigation water The Ranch provides irrigation water to the Association for use on private gardens. The Association and the Ranch work closely together to irrigate these areas in a comprehensive manner, using a traditional system of open ditches and sets. In addition, you may irrigate up to 10,000 square feet of your landscaped garden, including trees, with drip or sprinkler irrigation, using the municipal water supply provided to your house. Municipal water can also be used for swimming pools and hot tubs. Plants & Weeds The wholeof Colorado is fighting a battleto prevent weeds from displacing indigenous vegetation. Because of the sensitivity of the Maroon Creek Conservation Area and the Ranch meadows to weed infestation, you may only plant your garden with approved species of trees, shrubs, flowering plants and grasses'. However, all indigenous species of trees, shrubs, and plants that are not weeds are allowed, so the range of choice is great. 1. As determined by aie City Land Use cede provisions in existence on June 1, 2000, induded here as Section 29I be preen- na union Agreement', Exhibit 1. 2. The Aspen Land Use Code requirements for ADUs in existence w June 1, 2", are included here as Section 29, Exhibit J. 3. The tenant must qualify under the current Aspen/Pitbn County Housing Authority Guidelines. Applicants for design review are advised! to obtain mmeM guidelines before submiding their application. 4. The approved spades list appears as Section 9 4 on page 9.33, 6 Stage Road PUD/Subdivision: The Design Guidelines 120 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111 0g0 800055012:226 58F 0 part 2 I �aOC�@OO�1G�o j the 12 design strategies -Ix atage Road Planned Unit Development/Subdivision 121 80158I!�� 1111��11111111111111111 1111 052:= SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 122 strategy 1: visual neighborliness The Bar/X Ranch has spectacular views. We believe that everyone purchasing a lot would prefer to enjoy those views without seeing either their neighbors' houses or their lights. If this could be totally achieved, life on the Ranch would be a truly rural experience, and homeowners could "own" their views and their visual privacy all the way to the horizon, not just to the lot boundary. To understand visual neighborliness, itisnecessary to analyze the sightlines between homesites. Of course, these sightlines are'site specific' and vary between each homesite and its neighbors, but to explain the principle we have chosen an average situation where two houses are 275 feet apart on a flat surface, and then Constructed the sightlines from both first and second floors. It is important to understand that in this big western landscape the views hardly change 0 your eyes are 10 or 15 feet higher up. Two story buildings therefore have very little advantage as far as views are concemed. The main device that we are proposing for visual neighborliness is berming and planting along the First Floor Sightlines agl,tli lm Mmn tlwd, Hrne mannnw�.mo. , /rwoi npn darn mRMeieiv Saeemmeemnn, ns%Mawe&SWWbe nwo dmmesike Second Floor Sightlines SgAdiMak'O Wndl,g Mine In a.eynd ffi n 1 161mltrce wens se[wgAm + NMYhee svea,s md,e lwse 275 iea e�nreya d��: deeeen r.,m,a m mmed�ea Like many things in life, this is easier said than done. We can limit height and exercise regulation in a number of other ways, but we also need owners' cooperation. We hope that purchasers will enthusi- astically adopt this goal of visual privacy, and also understand that all homeowners in Bar/X Ranch must participate in this goal for it to be successful. We call this strategy "visual neighborliness". lot lines that separate homes from their immediate neighbors, as shown diagrammatically above. Of course, exactly where owners place their houses and their windows, and where particular views lie, will determine the height of berms and exact position and height of trees. This is something owners will have to work out with their architects and landscape architects, the goal being to end 8 Stage Road PUD/Subdivision: The Design Guidelines PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111O058 05 12:588C up with a design that looks completely natural when completed. Initial berming and planting has been provided by Bar1X Ranch as part of the subdivision improvements. In some situations this may provide adequate screening, in other situations owners will wish to enhance it. Please appreciate that we have not taken the simple step of saying "You can only build single story buildings". We want to give everyone as much flexibility as possible to come up with cre- ative design ideas in seeking to meet this goal. Of course, it's not just the height of a house that m- ates visual impact, but bulk, color, reflectivity, and other qualities may be more impactful than height alone. Breaking up the bulk of a house (Strategy 3) and providing dark, non -reflective, simple, roof forms (Strategy 4) will also reduce impacts. Each lot and each homesite is different. with unique problems and opportunities. We hope that owners and their architects will embrace the idea of visual neighborliness, and so we place the burden on owners to justify, as part of their design approval submission to the homeowners association, that they are actively trying to reduce their impact on their neighbors. The three components of visual neighborliness that we regard as basic to our goals are: 1.1 berm and plant along lotlines Berm and plant along the lotlines between your- self and your neighbors, in areas where there is visibility between buildings, so as to substantially reduce the views of each other's buildings while maintaining the distant views of the landscape. The minimum width of berming shall be 10 feet either side of the Iodine. 1.2 30 foot height limitation The height of buildings, measured as the vertical distance from undisturbed grade to the highest Point on the building, must not exceed 30 feet. It's that simple - if you imagine the shape of the surface of the ground where you are going to build, and then lift that shape 30 feet vertically in the air, it becomes a surface that nothing on the building can penetrate, not even chimneys, plumbing vents or antennae. 1.3 one third up - two thirds down No more than one thirdof the total above grade Square footage of a house may be on an upper floor, and the balance must be on the first floor. This will help give a generally low horizontal emphasis to houses, reducing visual impacts. This doesn't prevent owners from building a very tall single story space like a great room, it just keeps the bulk of the useable floor area close to the ground where it is easier to screen out the sight of neighbors' houses. Again, we must emphasize that these mandatory rules are made for the mutual benefit of homeown- ers and the protection of the property values they create by their construction. strategy 2: green construction Experience is showing that green construction programs are valued by purchasers and, particularly, help maintain resale values. For simplicity, our green construction program is based on the cumentAspeniPitkin County E(flden[ Building Proaram. This program, which is decribed in detail in Section 9.3 (following), requires that your construction achieve a certain number of points for the healthy nature of materials and building components used, and for not being wasteful in energy and resource use. To help lot owners in Stage Road Subdivision understand this program and acquire the necessary approvals, we have retained the services of Ecobuild, Inc., a leading Colorado consultant firm for green development. An initial 40 hours of consultant services by the Ecobuild team for each lot will be paid for by the developer, commencing at the time of the Pre -Application Conference. Lot owners wishing to continue this consultant relationship may do so at their own expense. -�1age Koad Manned Unit Development/Subdivision ---123 12405 1?SS2fliiiiiiiiiiiiNiiiiiiiIllillillillillillilliililiPage: R 1131.00 D 0.00 strategy 3: make a homesite cluster Homes and their outbuildings must present themselves as a cluster of small buildings rather than a single monolithic edifice in order that visual impacts between lots are minimized. Stables and Accessory Dwelling Units should generally be separated from the main house, subject to specific ACC approval. Consider clustering around a closed or open courtyard - this creates a great sun trap in the mountain climate, greatly extending the use of outdoor areas in winter, and reducing energy costs. Although Strategy 1 - Visual Neighborliness - protects the views between homesites, there are other areas on each Lot from which neighboring homes will be visible. Breaking the mass of a home into a cluster of small, interconnected buildings - a Hlimpaite Cluset r- will greatly reduce these impacts. Massive, monolithic buildings are more visible from other adjoining lots and are out of character with much traditional mountain architecture which is recessive in the landscape and shatters itself from the impacts of winter weather. Bowe requirehomesin the Stage Road Subdivision to appear as a duster of small buildings as are commonly found in farms and small hamlets. Of course, the component buildings of these clusters should be interconnected as interior building spaceso thatyou never need to go outdoors to get from one part of your house to another. However, we encourage articulating these components in mass and architectural treatment as independent structural components. We also encourage the use of varying materials and architectural forms to add diversity to the components of a cluster, especially to its roofscape. strategy 4: keep roof forms simple Roof forms should be kept simple. Flat roofs and shed roofs are not allowed on the central or dominant structure of a homesite duster, but only on subsidiary structures. Dormers are not allowed unless it can be shown by sightline analysis that they do not impinge on the privacy of neighboring lots. Roof surfaces should be very dark and non. reflective. Materials pemlitted are matt enameled metal, ungalvanized steel (pre -rusted prior to installation), natural dark slate, and dark, matt concrete rile. Wood shakes are not allowed, because of high maintenance cost in this climate, and increased fire risk. Overhangs are encouraged in order to shed snow and min clear of walls, and reduce heat build-up in summer. All exposed metal flashing, gutters, downspouts, snow fences and other roof hardware must be either dark and matt or made of copper to which a Permanent oxidized surface of verdigris has been pre -applied. Roofs are the most likely element of construction to be visible from adjoining lots, and are therefore more closely defined in these rules than other elements. By combining dark, non -reflective surfaces with a roofscape broken up by clustering, the visual impact of roofs is greatly diminished. Dormers prevent roof forms looking simple and Can produce sightlines that defeat the goal of visual neighborliness by generating views above the top of the benning and planting between homes. Cold roof design is encouraged for roofs over heated interior spaces to avoid ice damage to the roofs and eaves. Roof overhangs are encouraged in order to provide protection from snow and ice, as are covered porches in order to shelter entrances. 10 Stage Road PUD/Subdivision: The Design Guidelines IL4 PUD Control Document, Development and Vested Rights Agreement: 589a aOo1581111111111111111111111111111till1111111111111111lltill2:F t 00 D 0.00 strategy 5: make walls solid Only the following materials may be used for exterior walls: stone, natural logs, brick, stucco, vertical wood siding, stabilized earth, and ungalvanized (rusted) corrugated steel. Vertical wood siding and corrugated steel should be used only in conjunction with other materials. Using diverse materials on different buildings within a cluster is strongly encouraged. Wallsshou ld suggestsol id, high-massconstruction. Natural wood logs - with a handhewn rather than planed surface- should be western cedar, spruce or pine, at least 10 inches in diameter, and may not use a heavy pigment stain or paint. Use of Califomia or Oregon redwood is not allowed. Stonework shall use natural, non -volcanic rock and shall appear to be structural (capable of bearing loads) even if applied as a veneer. Stucco and brick should only be used if offset by the accompanying use of other materials. Wood siding must be tongue and groove, at least 1 inch thick, applied vertically in at least It" widths, and stained an ACC approved color. strategy 6: recess windows, use solar gain Exposed window frames may be wood, concrete, steel, or either clad or dark anodized aluminum. We encourage heavy stone or timber lintels and sills, and the recessing of windows so that the thickness of walls is articulated. Remember that exposed wood is very hard to maintain in this climate and will require frequent coats of oil or paint. Permanent finishes such as factory enamel, galvanizing or anodizing maintain their appearance best and reduce maintenance costs. To combine good views with good energy Performance, fairly large windows to the east and west should be provided. By this means, early morning sun will start to warm the house, and sunlight and heat continue to be picked up until late in the day. South -facing glass should be carefully sized to prevent overheating in the middle of the day and, as a rule of thumb, its square footage should not exceed 20 % of the floor area it serves. A roof overhang and/or deciduous tree planting to the south or southwest can help prevent summer overheating. Smaller windows to the north will help with energy efficiency. Low-E, high -altitude glazing may be a good energy investment - ask your architect to calculate potential savings. strategy 7: set solid doors in porches, add lobbies All exterior doors shall be made of solid umber at least 2-1/2 inches thick. We encourage porches and interior entry lobbies so that entryways are protected from the weather. Doors and entryways are seen and handled close up by all the users of buildings in a way that other parts of buildings are not. Therefore a sense of solidity and hand -craft work in doors and entryways makes a major contribution to the perceived quality of a building. Garage doors (overhead, roll up, or vertically hinged) must be clad with wood, rusty corrugated steel, or another approved wall material. 11 z)tage htoad Planned Unit Development/Subdivision 515890 1ILCOUN 3 0 11111111111111111111111111 �111111111 III 11111111111111Page: 126 0/07/2005012 :226 58F 0 D 0.00 125 strategy 8: combine your chimneys and flues To maintain air quality, Aspen limits wood buming to sealed stoves with catalytic converters, where one sees the fire through a glass door. Each lot may have 2 such stoves. There is no restriction on the number of gas fireplaces and stoves. Chimneys and flues must be treated as significant design elements and we require the combining of flues and vents into enclosure stacks. Care should be taken, however, to restrain the height of chimneys and flues because they cannot exceed the 30 foot height limit; this will normally mean that they must be offset from the ridgeline of a roof 12 Chimneys can be an important visual element of the architecture and, because of their height, may bathe mostvisible elementofa building. Chimneys and flues should therefore be thought of as design elements, but should be kept straightforward and functional in design. Building vents and flues for such functions as ventilation and exhaust should be Consolidated into vent enclosures wherever possible and should typically be Concealed from public view. Fancy caps on vent enclosures are not permitted. Stage Road PUD/Subdivision: The Design Guidelines 126 PUDContrd Document, Development and Vested Rights Agreement: 515890 SCOUNTY CO R I .00 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIII IIIII IIII07/2005012:58.: D 0.00 strategy 9: high mass, high insulation We strongly encourage passive -solar high -mass construction, with windows and walls designed for high thermal insulation and low air leakage. This is an extreme climate, and energy is expensive. At the same time, there is great potential for the use of solar because Aspen is a long way south and 8000' in elevation (the next big mountainous area due east is the Atlas Mountains in Morocco!). Passive solar has come a long way in the last 20 years, with better analytical methods and new glazing technologies. Best of all, one can now even obtain a net solar gain from north facing windows, and the old "greenhouse" appearance of solar houses is no longer necessary. Investment in passive solar can be expected to pay for itself in zero to five years, and then to go on generating savings for the lifetime of your house. High mass buildings are generally acclaimed as more comfortable than conventionally framed buildings and are less responsive to the sudden temperature shifts that can occur in the mountains. Framed buildings should provide thermal mass in floors or interior walls. 13 Stage Road Planned Unit Development/Subdivision �58a0015111111111111111111111111111111111111111111111111111111 05 2:88C 31.00 D 0.00 127 strategy 10: use colors that exist in nature Use external colors that exist in nature on your homesite. The range of colors in the Aspen seasons is very great. From the fiat whites of winter to the yellow - greens of spring, from the dark greens and ochres of full summer to the golds and reds of fall, nature offers a large and complex palette. These colors, plus the natural colors of such materials as stone, timber, and rusted metal, are the approved colors for the Stage Road Subdivision. Large areas of white, or very pale colors, which are highly visible in all seasons except winter, are discouraged. In this climate, finishes that need oiling or repainting regularly over time are expensive to maintain; we encourage the use of "lifetime' and low - maintenance finishes. Red paints (other than pure mineral pigment) will fade rapidly from exposure to ultra violet light; blues and greens will keep their appearance for many years. Dark, saturated colors are encouraged, and color swatches are required for design approval. 14 Stage Road PUD/Subdivision: The Design Guidelines 128 PUD Control Document, Development and Vested Rights Agreement: 11111 Jill 1111 SILVIA DAVIS PITKIN COUNTY CO 5 0 8g©7/2005 iz?58f 1131.00 D 0.00 strategy 11: landscape - emulate nature and plant only native species We encourage you to disturb the natural site as little as possible, especially with regard to surface drainage, so that the balance of each lot is kept in as natural a state as possible and every homeowners' experience of living in an undisturbed natural environment is maximized. New vegetation must use species from the approved plant list. No more than 10,000 sq.ft. may be irrigated with municipal water, and this area must lie within 100 feet of the building envelope. Surface disturbance and grading required for development should be designed to blend into the natural landscape rather than Creating an artificial "engineered" appearance. Cuts and fills should be feathered into the existing terrain. Retaining walls should be of dry -stacked rock, and rock used on retaining walls should match rock used on the buildings you Construct on the site. The slope of cut and fill slopes is usually limited to a maximum of a 2.5:1 slope and steeper slopes require retaining walls. Surface drainage patterns within the site should be modified as little as possible. Runoff from impervious surfaces, such as roofs and pavement areas, should be distributed to natural drainage channels or fed into engineered percolation sumps. An engineering plan for surface and subsurface drainage must be provided; erosion -control devices, constructed wetlands, and settling ponds to collect sediment may be required. Every building must have a subsurface soils investigation and foundation recommendation prepared by a professional engineer licensed in the State of Colorado prior to foundation design. A topographic survey indicating site contours at not more than one foot intervals, existing improvements, if any, and any special features, such as ditches, ponds, large rocks, and trees shall be prepared by a Colorado -licensed land surveyor for every homesite. These surveys and soil reports must be submitted to the ACC for Sketch Plan Approval. Any bees to be removed shall be marked with surveyors' flagging (NOT paint) prior to Sketch Plan submission. Each Lot must provide a minimum of two fully enclosed parking spaces per dwelling unit. If there are more than three bedrooms constructed in a dwelling unit, then one parking space shall be provided for each additional bedroom. Each Accessory Dwelling Unit shall have a minimum of one parking space. All parking spaces must be at least 10' x 20'. Trash storage areas must be visually screened and trash containers shall be hear -proof and sheltered from snow accumulation. Enclosed winter storage for yard furniture and gardening tools and equipment must be provided. Fences will only be permitted to protect small areas for horse paddocks, kitchen gardens, children's play areas, and swimming pools. All fences shall be natural wood post and three rail design not exceeding 36 inches in height (42 inches for horse paddocks), except with specific approval from the ACC. Because revegetation is difficult in this high - desert environment, as much of the native plant Cover as possible must be preserved. Prior to any excavation, topsoil shall be stripped and stored on the site separately from subsoil. Topsoil shall be replaced to a minimum depth of four inches within 30 days in all areas requiring landscaping or revegetation. New planting is limited to the approved list of native species. More manicured or groomed areas may be desired adjacent to buildings, walkways, driveways, patios, etc., but homeowners are encouraged to cultivate a simple natural appearance, using xeriscape. No more than 10,000 sq.ff may be irrigated with municipal water, and this area must lie within 100 feet of the building envelope. 15 Stage Road Planned Unit Development/Subdivision 129 111111111111111111111111111111111111111III1111111111111 1 0/0 890 Oi2258P Our short growing season and intense winter result in low growth rates for plants. Land shaping to create suitable micro -climates can be just as important to successful planting as obtaining the properly adapted plant or tree. Berming, as well as the creation of small ponds and watercourses, will be allowed when the topography and availability of water lends itself to this type of site development. Water is available for the creation of a pond on every lot. Seeding will only be permitted in disturbed areas on the perimeter of the building site and utility cuts where it is important to blend in with the natural vegetation, and where the replaced topsoil does not contain enough seed to replace the pre-exisfing ground cover. Only Bar/X Ranch Groundcover Mix, and Bar/X Ranch lMldflower MjX which our plant ecologist will specify and which will be available from the association, may be used. These mixes will contain the correct balance of native seeds to match the existing groundcover and provide varying wildflower colors throughout the summer without disturbing the natural balance of species. Homeowners will provide a 7-year plant guarantee on all materials planted as part of the landscape plan. strategy 12: limit exterior lights An outdoor lighting plan must be submitted in conjunction with applications and shall provide all the detail required by this Section. 12.1 All outdoor lighting shall be fully shielded and only direct light vertically downward. 12.2 Outdoor lighting shall be mounted no more than 8feetin height above the surface it illuminates. In no situation shall light intensity exceed 8 foot- candles measured 3 feet above grade. 12.3 All windows shall be fitted with curtains or blinds capable of preventing interior lighting from spilling outside after dark. 12.4 Lighting on above grade decks or balconies is allowed only if illuminating the deck or balcony ..._...._._.. . . ...._._.._.. 16 surface and not illuminating railings, ballustrades, or walls. 12.5 No exterior light source shall exceed a rating of 60 watts. Outdoor lighting with HID light sources in excess of 50 watts shall be prohibited. Compact fluorescent lamps shall not exceed 9 watts. 12.6 Landscape lighting is limited to 35 watts per fixture per 150 square feet of landscaped area. Up lighting is prohibited as a landscaping element. 12.7 Security lights shall not be visible from adjoining lots, roads, or driveways and must be controlled by a motion sensor activated only by motion within the Omei s property. 12.8 Photocell controlled lights shall be allowed only at the driveway entrance or in critical common areas, shall be compact fluorescent to eliminate excess consumption of electricity, and, except at the driveway entrance, shall be automatically turned off at I1:OOPM. 12.9 No light trespass at any property line is allowed. Stage Road PUD/Subdmsion. The Design Guidelines 130 PUD Control Document, Development and Vested Rights Agreement: !��8900/Ooi531111 111111 I IIII 1111III I2:P SILVIA DAVIS PITKIN COUNTY CO R 1131.00 0 0.00 summary: the 12 strategies strategy 1 visual neighborliness 1.1 berm and plant along lotlines 1.2 30 foot height limitation 1.3 one third up/two thirds down 2 green construction 3 make a homesite cluster 4 keep roof forms simple 5 make walls solid 6 recess windows, use solar gain 7 set doors in porches, add lobbies 8 combine your chimneys and flues 9 high mass, high insulation 10 use colors that exist in nature 11 landscape - emulate nature and plant only native species 12 limit exterior lights n Stage Road Planned Unit DevelopmeWSubdivision 131 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII of 226 5 0//079© 12: 58F 1 0 This page intentionally left blank ... _... _.... . 38 Stage Road PUD/Subdivision' The Design Guidelines 132 PUD Control Document, Development and Vested Rights Agreement: IIIIIIIIIIII IIIIII IIIIII IIIIIIIII IIIIII III IIIII IIII III 0/0 of 226 12:58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 part 3 aaOC�000G11C��o the design approval procedures '3tage Road Planned Unit Development/Subdivision 133 IIIIII IIIII IIIIII IIIII IIIII III IIIIII IIIII II 8 005 12: SSf SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 20 scope of procedures The design review process must be followed for any building, site or landscaping improvements to a lot, including but not limited to the following: ■ Construction of any building ■ Changes in design during construction ■ Renovation, expansion, or refinishing of the exterior of any building ■ Interior changes which affect the number of dwelling units or the function of a building ■ Major landscape, driveway or parking changes ■ Exterior lighting and signage In addition to meeting the requirements of these Design Regulations, an owner must comply with the requirements of all governing agencies including The City of Aspen in order to obtain a Building Permit or a Certificate of Occupancy. The diagram shows the sequence of procedures that must be followed. This consists of four stages - pre -application, sketch plan, final plan, and compliance. Stage Road PUD/Subdivision. The Design Guidelines 134 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111 I1l13 1 890 Oi2:58C Stagg Pre -Application Conference and Site Visit ation &SurveyStage 2lanion S Pay Design Review Fee eviewval Stage 3 Final Plan Pay Design Review Fee Submission Pay Landscape Escrow Pay Clean -Up Escrow Final Plan Review and Approval Stage 4 Project Compliance Inspection Issuance of Refund Landscape Escrow Certificate of Compliance Refund Clean -Up Escrow m 21 Stage Road Planned Unit Development/Subdivision 135 89©oi581111 11�11111111111111111 I2:: SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 pre -application conference The pre -application conference is an informal work session between the owner, the architect, and members of the ACC. The purpose is to acquaint the owner with the ACC review process and with the general requirements for construction in the Stage Road Subdivision, and will include a site visit. the meeting will address the following items: Ill Design Guidelines and the ACC Process. ■Property boundaries, building envelopes and easements. ■Building codes. MACC permits, fees and deposits. ■Specific design considerations on the site. Ill building program and initial design assumptions. submission requirements: ■ The Owner requests a conference using the form provided. process: ■ The ACC shall arrange a pre -application conference within 30 days of receipt of the application. 22 Stage Road PUD/Subdivision: The Design Guidelines 136 PUD Control Document, Development and Vested Rights Agreement: 1111111 1 1IIIIII �1IIII 1111 11111 1 11515890 0/0 //200055012:58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 pre -application conference application Lot # Owner _.. _. _.. _... Address Phone 1 _.. Phone 2I �,.... _ .. _.._ .. .... FAX 1 E-Mail FAX 2' ....... .. _. ....... Architect Contact. ., Address 'F?hoge I i A Ph� 7 E Mad %. ;.%FAX 2' Engineer (�A� Contact Address Phone 1._ Phone 2 FAX 1 E-Mall FAX 2 1 hereby request a pre -application conference under the Stage Road Subdivision Design Guidelines. Suggested dates and times for conference (in winter please choose middle of day only) 1 2 __. _... .3. _. _.. Owner's Signature Date Submitting this form constitutes an Application as defined by the Declaration of Architecture] Restrictions for Stage Road Subdivision. Version 3 September23, 2003 epr 23 Stage Road Planned Unit Development/Subdivision 137 IIIIIIIII IIIIIIIIIII IIIIIIII IIIII IIIIIII II 0/0 89©o12?ssf SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 1 sketch plan submission and review The Sketch Plan process addresses the conceptual design of the project. The review will address issues that include, but are not limited to, site conditions and planned improvements, building floor plans and elevations, roof design, architectural character, exterior materials, grading, landscaping, drainage and revegetation. submission requirements: ■ A site -specific soils investigation report by a Colorado licensed engineer (3 copies) ■ A site -specific topographical survey by a Colorado licensed surveyor (3 copies) ■ An AutoCAD File of the project ■ Plans, sections and elevations of the Proposed Construction (3 copies) ■ A schedule of proposed materials (3 copies) ■ A landscape plan (3 copies) IN The completed Sketch Plan Application form ■ The Design Review Fee process: ■ ACC will review the Sketch Plan and notify the Owner in writing of the findings within 45 days after the ACC's receipt of all required materials. ■ If approved, the ACC will return one signed and dated set of drawings to the Owner. 24 ■ Autocad file At both Sketch Plan and Final Plan submissions, an AutoCAD drawing must be submitted containing the contour data from the topographic survey plus a wire -frame drawing of the planned construction. The drawing shall be provided as an AutoCAD (rel. 2006 or later) .DWG file. The drawing shall be located according to the Colorado State Plane Coordinate Grid. Contour lines shall be 2D polylines at correct elevations and at one foot intervals. Building wire frames shall be constructed entirely from 3D polylines. All lot comers shall be shown; State Plane Coordinates for Lot comers can be obtained from the Stage Road Subdivision Architectural Control Association. ■ Physical Model t Owners shall submit a physical model or models of the Homesite Cluster and any outbuildings with the Final Plan submission. Such model shall, at a minimum, show the massing of the construction elements of the Homesite Cluster and other improvements, and shall show immediately surrounding individual trees, accurate in position and height. The model shall remain the property of the Owner, and shall be returned after study by the DRC. The model shall be at a scale of 1"=81, 1 "=4', 1:100, or 1:50. 2 Owners shall also submit a physical model or models of the Homesite Cluster and any outbuildings at a scale of 1"=200' or 1:2500. This model will become the property of the Stage Road PUD/Subdivision Architectural Control Association. ■ Story Poles Prior to Sketch Plan submission, the Owner shall erect story poles that accurately represent both the highest points and the furthest extent of the desired Construction. A bright red flag, two feet square, shall be attached to the top of each pole. The poles shall remain in place until the Owner receives written notice following the Sketch Plan hearing. ■ Metrification Drawings may be submitted in metric scales if desired. However, this must be consistent for the entire Design Approval process, commencing with Sketch Plan. Stage Road PUD/Subdivision: The Design Guidelines 138 PUD Control Document, Development and Vested Rights Agreement: IIIIIII IIIIII I IIII I 1111 IIII I II Page:/890o12?ssc SILVIA DAVIS PITKIN COUNTY CO R 1131.00 0 0.00 application for sketch plan approval Lot # Owner.,., _ _.... Address Phone 1 _.. _. Phone 2.... '.. _... ......... ........ FAX 1 E Mall.... FAX 2 Architect'. Contact Address Phqf�e 3 P _. E Mad � F 1� 2 �.. ._ Engineer Contact Address ! � V� Phone 1 Phone 2 FAX 1 _ E-Mad FAX 2 J Submission Checklist Item Yes ..... ._ ..__ ......... 3 copies of soils investigation report ...__.. 3 copies of topographical survey '.CD-ROM with CAD files 3 copies: plansheets of Construction '3 copies: sections of Construction 3 copies: elevations of Construction 3 copies: matenals schedule 3 copies: landscape plan Design Review Fee of $500 Story Poles have been erected Owner's Signature Date Submitting this fans constitutes an Application as defined by the Dedarabon of Architectural Restrictions for Stage Road Subdivision. A 25 Stage Road Planned Unit Development/Subdivision 139 515890 of 111111111111111111111111111111111111111111111111111 0/0 //20005512:58F SILVIA DAVIS PITKIN COUNTY CO R 2131.00 D 0.00 final plan submission and review The Final Plan Application should contain, at a minimum, the information required by The City of Aspen for issuance of a building permit. ACC's review will address issues that include, but are not limited to, planned improvements, building elevation, colors, roof design, architectural character or expression, exterior material, site conditions, grading, landscaping drainage and revegetation and construction staging plan. submission requirements: ■ An AutoCAD File of the project ■ Complete construction and engineering drawings of the proposed Construction (3 copies) ■ Samples of proposed materials ■ The landscape plan (3 copies) ■ The completed Final Plan Application form ■ An executed Landscape Agreement and deposit ■ An executed Clean Up Agreement and deposit process: ■ The ACC will review the Final Plan and will notify the Owner in writing of the findings within 45 days after the ACC's receipt of all required materials. ■ If approved, one signed and dated set of drawings will be returned to the Owner. ■ Expiration Final Plan Approval of the design of a project shall lapse and become void one year following the date the applicant received Final Plan Approval for the project, unless a building permit has been issued and construction has commenced and been diligently pursued toward completion. After construction has commenced any substantial suspension or substantial abandonment or work, other than those due to seasonal or other adverse weather conditions (as judged by the ACC), which lasts longer than 90 days, shall constitute a failure todiligently pursueconstructiontoward completion, oz• and will, unless approved for good cause by the ACC, void the approval. In the event a Final Plan Approval has been declared void a new Final Plan Approval must be obtained and design reviewfees paid before work can be recommenced. ■ Material Samples At the time of Final Plan submission, the Owner shall provide ACC with samples of each wall and roof material to be used in the Construction, fully colored and finished as proposed in the plans and specifications. ■ Signage Street address signs shall conform with Bar/X Ranch standard address sign as adopted by the ACC. All materials and construction details shall be consistent with those indicated. The location of street address signs shall be approved by the ACC. Signs of any other nature, including but not limited to "For Sale" or "For Rene signs, are not permitted within the subdivision. construction regulations ■ Permit Construction shall not commence until a certificate of Final Plan Approval Certificate has been received from the ACC and a building permit has been issued by The City of Aspen. Once started, construction shall proceed in an expeditious manner, in strict compliance with the Final Plan Approval and these Design Guidelines. Upon satisfactory completion and final inspection, the ACC will issue a Certificate of Compliance. No application to The City of Aspen fora Certificate of Occupancy shall be made until the ACC has issued a Certificate of Compliance. ■ Construction Impact Plan An integrated Construction Impact Plan shall be submitted. This shall contain, at a minimum, plans for topsoil and subsoil storage, replacement and reseeding; erosion control; site drainage control; fugitive dust control; construction staging; tree, mature vegetation and property protection; slash disposal; trash containment and removal; and signage. ■ Construction staging areas All construction staging, including, but notlimitedto, Stage Road PUD/Subdivision: The Design Guidelines 140 PUD Control Document, Development and Vested Rights Agreement. 11111111111111111111111111111111111111111111111111111 I Page: 141 of 226 0/07//220005 12:58F matenal storage, equipment storage, construction trailers, etc., must take place within a designated area adjacent to the homesite, unless an alternate staging area is approved in writing by the ACC. As part of the Final Plan submission, the Owner shall present to the ACC a layout of the staging area, which will include, but is not limited to the following: material and equipment storage area, trash storage area, job office location, parking, and access to and from site during construction. The entire perimeter of the construction area, staging area and parking area shall be fenced by the Owner with temporary Construction fencing approved by theACC. All construction activity shall be contained on the Lotforwhich a building permit has been issued, and within the construction fence, unless specific authorization is received in writing from the ACC. ■ Tree and property protection Construction practices must include extreme care during grading and excavation to avoid damage to existing trees, shrubs and their root structures. No trees of any size may be removed prior to a site inspection and approval by an authonzed representative of the ACC. Trees removed that were not intended to be removed and did not have approval to be removed shall be replaced with identical size and species within 30 days. Prior to tree removal, trees to be removed for any reason shall be identified with surveyor's flagging and shall be approved during a site visit by an authorized ACC member. Spray paint shall not be used to identify trees to be removed. No site work or tree removal shall commence until this process has been Completed and the construction fencing erected. ■ Slash disposal By keeping disturbed areas small, slash removal will be reduced. Where earthwork and tree removal is necessary, slash disposal will be handled as follows. Trees that can be successfully transplanted will be relocated in areas designated to be landscaped. Trees that cannot be transplanted will be cut as firewood and stacked in appropriate locations, or ground into chips and used as mulch in disturbed areas. Stumps must be hauled off the site. No on -site bumin0 or burial of slash or construction waste is allowed. FM IN Trash containment and removal Trash and construction debris shall be kept in containers of a type that has been approved by the ACC. Containers shall be emptied on a regular basis to ensure sufficient room to store trash at the end of each working day. It shall be the responsibility of the Owner to remove and dispose of any excess trash and construction debris at an authorized land fill. Storage of trash and Construction debris outside of an approved container shall not be permitted under any circumstances. The Owner shall ensure that debits from the job site, including blowing debris, will be picked up daily. If the Owner fails to have the debris cleaned up then the ACC may clean it up and the Owner will be responsible for all costs incurred. ■ Noise and hours Heavy equipment operation and other loud noise from Construction shall be prohibited between 6:00 p.m. and 7:00 a.m. All construction activity is prohibited between 7:00 p.m. and 7:00 a.m. No blasting is allowed without ACC approval. No construction work shall take place on Sundays. The City of Aspen has sound level standards for construction that must not be exceeded. ■ Construction signs Two construction signs will be allowed and shall not exceed 16 square feet in aggregate. One sign shall be located on Stage Road at the entrance to the subdivision; the other shall be located at the turning into the driveway leading to the homesite. Each sign shall conform to the standards adopted by the ACC, and at a maximum may only contain the name of the owner, the name, address and telephone number of the Contractor, the lot number, directional arrows, and an emergency telephone number for a representative of the owner available 24 hours a day. All information must be shown in uniform type, style, size and color. All construction signs and their locations must be approved by the ACC prior to installation. The sign design must be submitted to the ACC at the time of Final Plan Submission. All construction signs must be removed prior to receipt of either a Temporary or Final Certificate of Occupancy. Signs Wth the intended use of selling property are prohibited. No other signs may be displayed on the property during Construction. 27 Stage Road Planned Unit Development/Subdivision 141 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIII III IIII 0/07/ goo 12:58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 28 application for final construction approval Lot # Owner Address:Phone .._ Phone _. FAX 1 E-Mall; FAX 2.__.. Architect _... Contact Contact. Address Phone 1 Ph on 2 E-Mall Engineer. Contact Address. A� ��� Phone Phone 2 .� FAX 1 E-Mail „ ii � � � � FAX 2 Sub ion Checklist Item Yes CD-ROM with CAD files 3 copies: plansheets of Construction 3 wpies: sections of Construction 3 copies: elevations of Construction 3 copies: materials schedule 3 copies: landscape plan 3 copies. Construction Impact Plan Landscape 8 Clean Up.Deposits Executed Landscape Agreement Executed Clean -Up Agreement Design Review Fee of $500 Owner's Signature Date Submitting this form constitutes an Application as defined by the Declaration of Architecrtral Restrictions for Stage Road Subdivision. Stage Road PUD/Subdivision The Design Guidelines 142 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111111 0/0 0780 5512:58r landscape deposit agreement Between , of title owner of Lot Stage Road PUD/Subdivision, Aspen, Colorado ("Owner'), and Stage Road PUD/Subdivision Architectural Control Association, Inc., a Colorado non- profit corporation, of ("Association"). Owner and Association agree as follows: 1 landscape deposit The Owner has deposited with the Association a Landscape Deposit in the amount of $ receipt of which is hereby acknowledged. The amount equals the sum necessary to complete all site, revegetation and landscape work. This work shall include, but is not limited to, grading and drainage, irrigation system, exterior walkways, tree, shrub and ground cover planting, sodding, seeding, mulching and paving. The Landscape Deposit shall be refunded in its entirety after final inspection if it is found that site, revegetation and landscape work has been completed as per the approved plans. Portions of the deposit may be released for work that has been completed. Scheduled values of the work completed and the work remaining must be submitted to the ACC for approval prior to the release of any portion of the deposit by the Association. 2 landscaping completion schedule The owner shall complete construclion of the approve landscapio ' in twenty four months of obtaining a Certificate of Occupancy for the PdnSid ance , , 3 owner's failure to complete lands a e. i If the Owner fails [o complete the I�r�d9ca wit the time frame set forth above, and pursuant to the landscape plan approved by liie�6 t ACC shall give the Owner written notice of the deficiencies. If, on or bef re rtyd 55) days after giving such written notice, the Owner has not completed the landscaping fqurs P(o'thE landscape plan approved by the ACC, then the ACC may cause the landSF-ltg to. da'c fed pursuant to the plan it previously approved, using the Landscape Deposit/ nit pay fair such work. 4 description of \ lart,pe work The agreed landscapeaork is as shown on the approved Landscape Plan and specifications attached hereto as Exhibit A. Amount of Landscape Deposit: $ Date: Approved: Architectural Control Committee Owner: Approval Date: By: Submitting this form constitutes an Application as defined by the Declaration of Architectural Restrictions for Stage Road PUD/Subdivision. 29 Stage Road Planned Unit Development/Subdivision 143 Page: 0151111111111111111111111111111111111111111111111111111111//2255O2:8F t clean up deposit agreement Between of tdle owner of Lot , Stage Road PUD/Subdivision, Aspen, Colorado ("Owner"), and Stage Road PUD/Subdivision Architectural Control Association, Inc., a Colorado non- profit corporation, of ("Association"). Owner and Association agree as follows: 1 trash containment and removal Trash and construction debris shall be kept in containers of a type that has been approved by the ACC. Containers shall be emptied on a regular basis to ensure sufficient room to store trash at the end of each working day. It shall be the responsibility of the Owner to remove and dispose of any excess trash and construction debris at an authorized county land fill. Storage of trash and construction debris outside of an approved container shall not be permitted under any circumstances. The Owner shall insure that debris from the job site, including blowing debris, will be picked up on a daily basis; if the Owner fails to have the debris leaned up then the ACC may cause it to be"Leaned up and the Owner shall be responsible for all costs incurred. 2 cleanup deposit \ ✓l The Owner has deposited with the ACC a cash Clean YP De sit in the\a[_rgufit of $ receipt of which is hereby acknowledged. The Clean Up D III held,bylhe ACC until a Certificate of Compliance has been issued. 3 forfeiture of deposit If the Owner fails to clean its constmIXiol�a�rdi area and remove all construction debris, material and equipment on or before irty tyays a er receipt of a Certificate of Occupancy, then, upon ten (10) days whiten notice to e e , theACC may bring the site to compliance and the owner shall forfeit the entire Cl tw Depposit. 1f a costs of clean up exceed the amount of the Clean Up Deposit, then the Own �ftrermdMe the ACC for all such excess costs; the ACC may recover its costs pursuant to the South.Decaration reimbursement and lien procedures. 4 description of staging area: The agreed staging area is shown on the plansheet attached hereto as Exhibit A. Proposed Dates for Use of Staging Amount of Clean -Up Deposit: $ Date: Owner: Approved: Architectural Control Committee Approval By: Submitting this form constitutes an Application as defined by the Dedamton of Architectural Restrictions for Stage Road PUD/Subdivision. 30 Stage Road PUD/Subdivision: The Design Guidelines 144 PUD Control Document, Development and Vested Rights Agreement: �11111111111111111111111111ILVIA DAVIS PITKIN CC1111111111111111111111111110 a58g©o7/2005 12:58F 31 .00 D 0.00 certificate of compliance application The Compliance Inspection is to ensure that Construction has been completed according to the approved plans and specifications, and thereby allow the Owner to apply to the City of Aspen for a Certificate of Omupancy. submission requirements: ■ Copies of records of Building Department, Mechanical and Electrical Inspections ■ The completed application form process: MACC will send one or more members to inspect the Construction as quickly as can conveniently be arranged. Lot # Owner... Address {'. Ph v/� FAX E-Mad ( /> ,.._\R X2. Architect - Contact - Address' �� V���. Phone 1 .. Phone 2 FAX 1 E-Mail . r ....._ FAX 2:.._._ Engineer -. _.. Contact..._ Address.. Phonel,.... _... ..... _. _ Phone 2,'. FAX1. ... _ EMail FAX2._.. _.. I hereby certify that all construction has been fully completed according to the approved plans and specifications. Owner's Signature Date Submitting this forth constitutes an Applicaum as defined by the Declaration of Architectural Restrictions for Stage Road Subdivision, Versim4 Aphl 12,2004 w 31 Stage Road Planned Unit Development(Subdivision 145 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIII III IIII t Page:ae e789©012:sac certificate of compliance Lot # Compliance Checklist Approved? Item Yes No N/A V, I hereby certify that all construction has been fully completed according to the approved plans and specifications, and the Owner is legally entitled to apply to The City of Aspen for a Certificate of Occupancy. Stage Road Design Association Signature Date Print Name _... .. _.. Title Va,si.4 rpm ia. zoo4 32 Stage Road PUD/Subdivision: The Design Guidelines 146 PUD Control Document, Development and Vested Rights Agreement: IIIIIIIA5158 IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIII III 11111231 0/07/20005of 226 012 : 58F part 4 th(@ dmuoufl guooduonmoC�O native plant species list /x33 Stage Road Planned Unit Development/Subdivision 147 11111111111111111111111111111111111111111111111111111890012:589 148 PUD Control Document, Development and Vested Rights Agreement: 11111111111111111111111111111111111111111111111111111118s0012:58F Lewis' Flax Linum Lewisii Wild Ids Iris Missoudensis Bluebell Campanula Rotundiflora Aster Aster spp. Fdnged Gentian Gentians Thermalis Colorado Columbine Aquilegia CaeNlia Beardtongue Penstemon spp. Chiming Bells Mertensia Ciliate Arnica Amica Cordifolia Monkeyflower Mimulus Guttatusa Mules Ears Wyethia Sbra Sneezeweed Helenium Hoopesii Yellow Evening Pdmrose Oenothere Stdgosa Dandelion Taraxacum Olflcinalis Buttenveetl Senedo spp. Agdmony Agdmonia Sbiafa Little Sunflower Helianthella Ouinquenervis White Sweetpea Lathyrus Leucenihus American Vetch Vida AmericanaPrickly Popp Argemone Hispitla Curled Lousewort Pediculads Parryi Northern Bedstraw Gallium Boroale Yarrow Achilles Lanulosa Monument Plant Frasera Speciosa Fringed Sage Artemisia Fdgida Virgin's Dower Clematis spp. Daisy Erigeron spp. Evening Pdmrose Oenothera Caespitosa Bog Orchid Habenada Viddis Grasses Common Name Proper Name Bluegrass Poe spp. Smooth Brome Bromus Marginatus Timothy Phleum Pretensis Thurber Fescue Festuca Thurbed Downy Chess Bromus Tedorum Tufted Hairgrass Deschampsia Caesphosa Stage Road Planned Unit Development/Subdivision 149 0 0589Do1z?sat R 1131.00 D 0.00 EXHIBIT ADU-1: City of Aspen ADU Regulations as of June 1, 2000 26.520.010 Chapter 26520 ACCESSORY DWELLING UNm Seedons 26 %&010 Purpose. 26.520.020 Gese®L 26520.030 Authority. 26-520.040 ApplirabiSly. 26.S.Zt1A50 Design Standards. 7A-M 60 Csdndadaos and Measucameats. 26MO.070 Deed Restrictions and Enforcpnent 26.520A®0 Prncedtrre. 26520-M Amendment of an ADU Development Order. EXHIBIT S 26520.010 Purpon. The Purpose of the Accessory Dwelling Unit (ADU) Program is to promote the I ng commaNhY l� a xeclany, economically, and environmentally responsible development pat_ terns which balance Aspen the resort and Aspen the conrmroury. Aspen ochres balanced neighborhoods and a carve of cottunonaiiry between working residema and ADUs represent viable honsm Pen -tithe rasidenes. 8 Opportunities for working rraidents and allow emPivyeas to live within the fabric of the community without their having being tally identifiable as "em- ployee bousing." ADUs also help to address the affa-ts of existing homes, which have pro vided workforce housing, being significantly redeveloped, often as second homes. ADUs support local A"' bmirurses by providing an employee base within the town and providing a critical mats of local residents imPrutant to preserving Aspen's ebmctar. ADUs allow second botmownets the Oppornmity to hire an on -site caretaker to maintain their prop. erty in their absence, increased employm houatug opportmddes in close ment and rxreation centers is also an enviromnrnfall proximity which m- duors autornobile Mulucc Y Preferred land use pattern. whitdh te- Detached ADUs emulate a historic development pa0etn and maximize the Privacy aad livabil- ity of both the ADU and the primary unit. Detacsd ADUs am more ltknty to be occupied by a local waking resident, fivatcring a community goal of housing the workforce. To the extent Aspen desires detached Accessory Dwelling Units which provide viable and l7v able housing opportunities to local working residents, detached ADUs qualify existing vacant lots of record and significant redevelopment of existing homes to, on exeatption from the Growth Management Quota System. in addition, dntaebed ADUa dead rextrimed"--Po 9de- units, according to the Aspen/Pitkin County Housing Autbonry Guidelines, as ammdrA, and sold according to the procedures established in the Guidelines provide for certain Floor Area incentives. (Ord. No. 46.2001, ¢ 1(part)) 678 150 PUD Control Document, Development and Vested Rights Agreement: 11111111111111111111111111111111111111111111111111111111 t515890 0 //2200005 12?58r 26.520.020 ` 26S204120 Cenral. An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidents! and subordinate in size and character to the primary residence and located on the satyr parcel or on a contigu- ous lot under the same ownership. A primary residence may have no more then one ADU. An ADU may not be accessory to another ADU. A &dashed ADU may only be conveyed separate from the primary residence as a "Pnr Sale" Affordable Housing unit to a qualified pu mbacer pursuant the AspetdPWdn County Housing Authority Guidelines, as amended. An ADU shall not be coaaideted a unit of density with regard to zoning requirements. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Man- agemwrt Quota System (GMQS). Accessory dwelling units also may not be used to row the requirements of Chapter 26.530 "Residential Multi -Family Housing Replacement Program." All ADUs shall be developed in conformance with this Section. (Ord. No. 46-2001, § i (part)) 26S20.030 Authority. The Community Development Director, in sroordannce with the procedmas, standards, and limitations of this Chapter and of Common Development Review Procedures, Chapter 26.3o4, shall approve, approve with conditions, or disapprove a land use application for an Accessory Dwelling Unit. An appeal of the Community Development Director's determination shall be considered by the Planning and Zoning Corea fission and approved, approved with conditions, or disapproved, pursuant to Section 26.520.M, Special Review. A land use application requesting a variation of the ADU design standards sha0 be approved, approved with conditions. or disapproved by the Planning and Zoning Commission, pursuant to Section 26S20A8D, Special Review. If the land use application requesting a variation of the ADU design standards is part of a consolidated application process. W%hM1Wd by due Community Development Director. requiring consideration by the Historic preservation Commission, the Historic Preservation Commission shall approve, approve with conditions, or disapprove the variation, pursuant to Section 26,520.080. Special Review. (Ord. No. 46-2001, § 1 (part)) 2G520.040 APpUcabdUty. This Section applies to all zone districts within the City of Aspen in which an Accessory Dwelling Unit is a permitted cue, as designated in Chapter 26.710, and to all AccessoryDwell. ing Units approved prior to the adoption of Ordinance No. 46. Series of 2001. (Ord. No. 46- 2001, § 1 (past)) 26520D50 Desien Standards. All ADDS shall nonfarm to the following design standards on)= otherwise approved, pursu- ant to Session 26.520.050, Special Review. 679 coyotes Stage Road Planned Unit DevelopmenUSubdivision 151 1I�I 111111111111111111111111111111111111111111//200005152012:226 58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 26.520.050 1. An ADU must contain between three hundred (300) and tight hundred (900) net livable square feet, ten (10) percent of which must be a closet orstorage area. 2. An ADU must be able to function as a separate dwelling unit This includes the following; a) An ADU must be selmawly stxassible horn the exterior. An interior ea7sace to the primary residence may be approved by the Commission, pnsosot to Special Review; b) An ADU must bave separately aceesstbk militim This does not pceelode dared ser- vices; c) Am ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two bunters, a sink, and a refrigerator with a minimum of six (6) cubic fat of capacity and a freezes; and, d) An ADU shall contain a bathroom cmiain(ng, at a minimum, a sink, a toilet, and a shower. 3. One parking space for the ADU shall be provided on -site and shall remain available for the benefit of the ADU resident The parking space dull not be sucked with a spec for the primary residence. 4. The finished floor beight(s) of the ADU shall be entirely above the natural or finished grade, whichever is higher, on all sides of the stmGme. 5. The ADU shill be detuchai from the primary residonoo. An ADU located &bow a dawirsd garage or storage area shall qualify as a detached ADU. No other connections to the pri. mazy residence, or portions; thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 7. The roof design shall prevent stow and im from shedding upon an entrance to an ADU. H the entrance is amcsscd via stairs, suffivatt means of preventing now and we from aaan- mulating on the stairs shall be provided. 8. ADUc shall be developed in accordance with the requirements of this ti0e which apply to residential development in general. Tbese lnchsde, but art not limited to, due Umifomm Building Code requirements seLted to adequate natural 104 ventilation, fire egress, fire soppre»len, and aoamd anenvad. bctwoen living o,.;te. This a Awd may .,.r ben varied. 9. All ADUs shall be registered with the Housing Authority and the property shall be dead restricted in accordance with Section 26.520.070 Dad Restrictions. This standard may not be varied. (Ord. No. 46-2001, $ 1 (part)) Iv Mz 680 152 PUD Control Document, Development and Vested Rights Agreement: 11111111111111111111111111111111111111111111111111111111 0 8 00512:58F D 0.00 26.520.060 26.00.060 Calculations and Measurements. A. Floor Area. ADUs are attributed to the maximum allowable floor area for the given property on which they ate developed, pursusni to Section 26.575.020 Calculatitms and Measurements. (Ord. No. 46- 2001, § I (part)) A Net Livable Square Footage. ADUs must contain between three hundred (M(W) and eight hundred (900) xgoav a feet of net livablo floor area, outlets varied through a land use review. The calculation of net livable area differs slightly from the calculation of Floor Area inasmuch as it measures the interior dimm- sims; of the unit. (Ord. No. 46-2001, § I (pert)) 26.52&070 Deed Rettricthons and Enforcement A. DeedRrmirAons. At a minimum, all properties containing an ADU shall be deed restricted in dw following manner: • The ADU shall be registered with the Aspen/PiOdn County Housing Authority. Any oacup tut of an ADU shall be qualified as a local worldng resident according to the current AsperiPitkm County Homing Authority Guidelines, as amended. • lute ADU shall be restricted to lease periods of no less then six (6) months in duration, or as otharwiae netpu red by the current Actpea/Pitkm County Housing Authority Guida%%= leases must be recorded with the Housing Authority. A detached and permanently affordable Accessory Dwelling Unit qualifying a property fro a Flow Area Exemption, pursuant to Section 26.575.020(Ax6), shall be deed restricted as a "r,or Sock" Affordable Housing Unit anal conveyed to a qualified purchaser, acoonu'g to the Aspcw?itkm County Housing Authority Guidelines, as amended. Accessory Dwelling Units restricted to Mandatory Occupancy in exchange for a floor Area Bonne, prior to the adoption of Ordinance 46, Series of 2001, shall be continuously occupied by a local wwhdng resident, as defined by Aspenthtkin County Housing Authority, for lease periods of six (6) months or greater, unless the owner is granted approval to remote that to - striation pursuant to Section 26.520.090(A), Insubstantial Amenchnents. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Ac- oessory Dwelling Unit deed restrictions. The deed restriction shall be recorded with the Pitkin Camay Clerk and Recorder prior to an application for a building permit nay be accepted The book and page associated with the recordation shall be noted in the building permit plans for an ADU. a EnjarceaeaL The AWmv?ithn County Hotshng Authority, w then designee, shall enforce the recorded deed restriction between the property owner and A%=/Pftkm CA" Horsing Authodty- (Ord. No. 46-2001, § 1 (pact); Ord. No. 47-2001, § 1) 681 (. voh Stage Road Planned Unit Development/Subdivision 153 I IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII II IIII 890 0 0 g0 12?se.= 1 EXHIBIT FA-1: City of Aspen Floor Area Regulations as of June 1, 200QCRIHIT I 2&575.010 Chapter 26.575 MISCELLANE0IISSUPPLEMENTAL ]REGULATIONS section 26575.010 General. 26.575.020 Calculations andmessurementL 26575.030 Open Space. 26575.040 Yards. 26575.045 Junk Yard and Service Yards. 26.575.050 Feaees. 26.575.060 Utnityltrash service areas. 26575.070 Use square footage limitatwar. 26.575.080 Child care center. 26.575.0% Hoare occupations. 26.575.100 landscape maintenance. 26.575.110 Building envelopes. 26.575.120 Satellite dish antennas. 26S7S.130 Wireless Telecommunication Services Fa i itin and Equipment 26.575.141 Accessory uses and accessory structures, 26.575.150 OutdoorLighdng. 26.575.I60 Dormitory. 26.575.170 Fuel storage tanks 26575.180 Restaurant. 26S75.I" Farmers' morkeL 26575.200 Group Homes. 26.575.010 General. Regulations specified in other sections of this Title shall be subject to the following supplemental regulations. 26.575.020 Calculations and measureme sts. The purpose of this section is to M forth sttpplcn mat regulations which relate to methods for calculating and measuring certain enumerated terms as used in this Title. The definitions of the terms we set froth at Section 26.104,100, A. Floor are. In measuring floor areas for flax arcs ratio and allowable floor area, the following applies: 1. Geneml.Inmeasuring flax ucafxthepurpossofealcutaangfloorarearatioandailowable fluxarea,thatshanbeinciudcdthmfluxwr widdathem it dingexreriww lls(vreannd from their exterior surface) of a building, or portion thereof 2. Ileckr. Bakeries Ramsex foaaim and 9rarrwuw. The alculatim of th. floor arm of a building or a portion thereof shall not include decks, balconies, exterior stairways, terraces and a Nwsw.a. t.s+rr 154 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111111111 0 B0 80 0012:58; 26.575.020 similar features, unless the area of these features is greater than fifteen (15) perew of the maxi- mum allowable floor aura of the building (the excess of the 15%shall be included), porches shall not be counted towards FAR. 3. faanwer.CarrarnandSwane Areas. In all wnedistricts except the R-I5-B zone district, for the purpose of calculating floor area ratioand allowable floorares for a lotwhoseprincipw use is resider fat, garages, carports, and storage areas shall be excluded up to a maximum area of two hundred fifty (250) square feet per dwcling unit; all garage, carport, and storage areas between two bundred fifty (250) and five hundred (500) square feat shall count fifty (50) pereeot towards allowable floor area; all garage, tarpon and storage areas in excess of five hundred (500) square feet per dwelling unit shall be included as pan of the residential floor area calculation. For any dwelling unit which on be accessed from an alley or private road catering at the rear br side of the dwelling unit, the garage shall only be excluded from floor area calculations up to two hun- dred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, tar- pon mud storage areas between two hundred fifty (2S0) and five hundred (500) square feet shall count fifty (50) percent towards allowable Hoer area. For the purposes of determining the ecclu- smo, if any, applicable to garages, corpora, and storage areas, the area of all structures on it parcel shalllm anmWwd. In the R-IB rote dlarin, garage, carport, and swrage aress shall bo limited to a five hundred (500) square foot exemption 4. Suberade areas. To determine the portion ofsubgrade areas that are tobeineiadedmcalculat- ing floor area, the following shall apply: a. For my story that is partially above and partiallybeiow natural or finished grade, which- ever is lower, the total percentage of werior surface wall am that is exposed above the most restrictive ofthe grades shall be the total percentage of the gross square footage ofthe sutyeox stay included in the floor area calculation. Subgrade stories with no exposed exterior sunface wall area shall be excluded from floor arcs calculations. (Example: If fifteen (15) percent of the exterior surface wall area has been exposed above natural or finished grade (whichcvar is lower), then fiftoca (15) percent of me gross square footage of the subject story will be indudod as fluur area.) h Also excluded from floor area wculations shall be. arty portion of a subgrsde aooxssory dwelling unit whose exterior surface wall area is exposed above grade for glass, window openings, doors, and similar ways of getting light Old air into the unit' or that provides re- quired Unifam Building Code egress to the orris. The maximum amotmt of this exclimion stall be one hundred (100) s.f of the floor area of the accessory dwelling unit c. For any dwelling unittbarcan be accessed from an alley orprivate road entering at the rear or side of the dwelling Unit, the garage or tarpon shall only be eligible for the exenafous described in sub -sections a, and b, if it is located along mid alley or road. . 0*aM s M 2,- e) 690 Stage Road Planned Unit DevelopmenUSubdivision 155 111111111111111111111111111111111111111 III 1111111111111 t ate 0 890012:58r 26.575.020 d. In the R-15B zone district only, gatages, carports, and storage areas shall be excluded frornresidential flow area calculations up to arnaximutn offive hundred (500) square feet per dwelling unit. 5. (Repealed by Ord No. 56-2000, § 8) 6. Accessory Dwelline Units. An Accessory Dwelling Unit shall be calculated and attributed to the allowable flowatea for a parcel withthe same inclusions and orchrsions for calculating Floor Axe as defined in this section. unless eligible for an exeniplion as described below: DaUPW and eeralgw lvdfordable ADUFloor Area EumaNas One hundred (100) pm - cent of the Flow Axe of an ADU which is detached from the primary residence and deed m stricled as a "For sale" affordable housing unit and transferred to a qualified purchaser in accar- denee with the Aspenlpitkin County Housing Authority Guidelines, as amended, shall be ex- cluded from the calculation of Floor Area. 7. LinkedPm ton. Any element lioimigtheprincipal structure toanaccessory strochueshall not be included in the calculation of floor area provided that The linking 6auwQta is no mwetban one (1) story tali, six (6) feet wide and ten (10) feet Iong. Areas of linking structures in excess often (10) feet in length shall be counted in floor area. 690-1 t�a.r s. i+ari PUD Control Document, Development and Vested 89ma1�5PI 11111111111111111111 28t SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 26.575.= limit on the height of the ridge. Chimneys and other appurtenances may extend up to a maximum of two (2) feet above the ridge. d Chimneys, Amennas and Other Appmtsnances. Amehnas, chimneys, flues, vents or similar structures shall not extend over tan (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Water towers and mechanical equipment shall not extend over five (5) feet above the specified maximum height limit. Church spires, bell towers and like architectural projections, as well as flag poke, may extend over the specfed maxi- mum height limit. 2. Fxcawianr for Buildings on Sloaes. The maximum height of a building's front (tweet fac- ing) facade may extend for the first thirty (30) feet of the bidlding's depth. 3. EScepriew for Areaways. Lirhrwells and Basement Stairwelft. An areaway, holltwell or basement stairwell of less that one hundred (100) square feet, entirely recessed behind fhe ver. tical plane established by the portion of the building facade which is closest to the street, and enclosed on all four sides to within npja (18) brclra of t6- fr,sr floc, level stall not be counted towards maximum permissible height. C. Lot Area. Except m the R15-B zone district, when calculating floor area ratio. lot areas shall include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of 20.30% may be counted towards floor area ratio: areas with slopes of greater than 30% shall be ex- duded the total reduction in FAR allributabk to slope reduction for a given site shall not exceed 25%. Also excluded from total to area far the purpose of floor area cakula dcas in all tome districts is that alca bencaih the high water line of a body of water and that area within a vacated right -of. way, or within an existing or proposed dedicated right-of.way or outface easement. Lot are , shalt include any lands dedicated to the City of Aspen or Pitldn County for the public trail system, any open irrigation ditch, or shy lands subject to an abcvc ground or bclow ground surface easement sucb as utilities that do not coincide with road caacmuns. When caleuladng density, lot area shalt have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of 1pettim than 20%Slow. D. Site Coverage. Site coverage is typically "pressed as a percentage. When calculating site coverage of a structure or building, the exterior walls of the structure or building at gmuod level should be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded frommaximum allowable site coverage calculations. ((kd. Nu. 44-1999, §7) 691 111111111111111111111111111111111111111 III 1111111111111 r 090 890012:58F i,wm.esr EXHIBIT SWD: Special Warranty Deed (20 Acre Housing Parcel) 158 PUD Control Document, Development and Vested Rights Agreement: 1 II 11111111111��1111111111111111111111 Page:/s00512:58f SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Recording Requested By, And When Recorded Mail To: Herbert S. Klein, Esq.. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 Special Warranty Deed [20 Acre Housing Parcel] This document is a component of the FinalApproval of the Stage Road PUD/Subdivision, 2005 Stage Road Planned Unit Development/Subdivision 159 i IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII 0 of 226 a S9©12:58F 1 This page intentionally left blank 2 Special Warranty Deed - 20 Acre Housing Parcel: Bar/X Ranch LLC to City of Aspen PUD Control Document, Development and Vested Rights Agreement: 890o18111111111111111111111111111 1 II 12:5; SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 SPECIAL WARRANTY DEED [20 Acre Housing Parcel] Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611 ("Grantor") for Ten Dollars ($10.00) and other good and valuable consideration, hereby sells and conveys to The City of Aspen a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colo- rado 81611 ("Grantee"), all its right, title and interest in and to the following real property in the County of Pitkin, State of Colorado, to wit: A parcel of land containing approximately 21.5 acres, described as the 20 Acre Parcel, Stage Road Planned Unit Development/Subdivision (the "PUD"), according to the Plat thereof, re- corded in Plat Book , Page , Reception No. of the records of the Clerk and Recorder for Pitkin County, Colorado (the "Plat'), Reception No. of the real property records of Pitkin County, Colorado, with all its appurtenances and improve- ments (the "Property") and warrant the title against all persons claiming under BartX Ranch LLC, a Colorado limited liability company, subject to liens, easements, rights of way of record and the following reservations and limitations on the use of the Property: 1 Restrictive Covenants Grantee shall use and operate the Property in strict compliance with the following terms and conditions. 1.1 Uses and Density Use of the Property hereby is limited to the uses and densities for the "20 Acre Parcel" as contained in that certain Fourth Amended and Restated Pre -Annexation Agreement Bar/X Ranch, recorded at Reception No. , of the records of the Clerk and Recorder of Pitkin County, Colorado. 1.2 Dog Restrictions In order to protect wildlife, ranch cattle, horses and other livestock from harassment, the Grantee shall impose conditions and restrictions on the Property which include provisions and penalties that prohibit dog ownership (other than specially trained service dogs for use by visually impaired persons or persons with other medical needs) by the persons owning or otherwise occupying or visiting the Property. The Grantee shall establish a hom- eowners association for the Property (the "Association') which shall be required through appropriate covenants to vigorously enforce these restrictions. In the absence of effective enforcement of this provision by said homeowners' association, this restriction shall be enforced by the Grantee. Grantor shall have the right to obtain an injunction, without the requirement of posting a bond, in the event of a failure of enforcement of this restriction. In any such action, the Grantor shall be awarded its attorney fees and costs incurred in seeking such relief. Special Warranty Deed - 20 Acre Housing Parcel: Bar/X Ranch LLC to City of Aspen 3 Stage Road Planned Unit Development/Subdivision 161 515890 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 P00 07/2000012:5W SILV 1.3 Parks and Playfields Grantee may construct play fields, including without limitation, baseball or soccer fields, within the Property. However, the Grantee shall neither include any such fields as part of the Grantee's recreation programs nor shall the Grantee schedule any organized activities of the Grantee on these fields. Ownership of these fields shall be vested in the Associa- tion with appropriate covenants ensuring maintenance and enforcement of regulations for their use. 2 Reservations and Easement(s) to be Conveyed by Grantee to Grantor Grantor reserves for itself and its successors and assigns, and to its and their guests, licens- ees, and/or invitees, and for utility providers and emergency service providers, a temporary, non exclusive, easement, for ingress, egress, access and utilities necessary to serve the PUD, including all the lots (other than the 20 Acre Parcel) within the PUD as shown on the Plat (the "Benefited Property") over and across the Property. At such time as Grantee constructs and dedicates to the public, the roads necessary to serve any development on the Property, Grantee shall convey to Grantor, its successors and as- signs in the Benefited Property, and to its and their guests, licensees, and/or invitees, and for utility providers and emergency service providers, a perpetual, non exclusive, easement, for ingress, egress, access and utilities necessary to serve the Benefited Property (the "Ease- ment") over and across all such public roads and, if necessary, in addition thereto, over and across a strip of land within the Property to be identified at that time which provides the closest practical connection point from such public roads and utility facilities or easements for such facilities, which are located on the Property, to one or more locations on the boundary of the Benefited Property, selected by Grantor (the "Connecting Easement(s)"). The width of the Connecting Easement(s) shall be not less than sixty (60) feet. Upon conveyance to Grantor of the Easement and the Connecting Easement(s), any portions of the above described tempo- rary easement which are no longer necessary to provide access and utilities to the Benefited Property, shall be vacated and released by Grantor by a separate recorded instrument iden- tifying such vacated areas. In the event of any dispute as to the location or specifications of the easements referred to herein to be granted by Grantee, the parties agree to submit the dispute to binding arbitration with each party selecting a civil engineer practicing in the Aspen area and those two shall select a third such engineer. The decision of the majority of the arbitrators shall be final and binding. The parties shall share the costs of the fees of such arbitrators equally. The arbitra- tors shall take into account in their decision, the intent of this instrument that the owners of the Benefited Property, as they exist from time to time and emergency service providers, dur- ing times of emergency, be provided with practical and convenient access to the Benefited Property. In addition to the foregoing easements, the conveyance of the above described easements from Grantee to Grantor shall expressly include a grant for the benefit of the Benefited Prop- erty, of the right of ingress, egress, access and for the location, installation, maintenance and repair of utility facilities along Harmony Road which runs from the Property to State Highway 82 and, with respect to utilities, all other utility easements which serve the Property. 4 Special Warranty Deed - 20 Acre Housing Parcel: BarIX Ranch LLC to City of Aspen 162 PUD Control Document, Development and Vested Rights Agreement: IIII IIIIIIIIIII IIIIIIII (IIII II IIII II IIII 0/0 890o12:58F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Grantor Bar/X LLC, a Colorado Limited Liability Company By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, as Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. STATE OF CALIFORNIA ) )SS. COUNTY OF LOS ANGELES ) Acknowledged before me this _day of September 2005, by Gary Finkel in his capacity as Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, and Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. Notary My commission expires: Special Warranty Deed- 20 Acre Housing Parcel: BarlX Ranch LLC to City of Aspen 5 Stage Road Planned Unit Development/Subdivision 163 1IIIII11111111111IIIIII111111111111111III1111111111111t 0 800512:58= Grantee CITY OF ASPEN, a municipal corporation Helen K. Klanderud, Mayor ATTEST: City Clerk STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) APPROVED AS TO FORM: City Attorney Acknowledged before me this day of September, 2005, by Helen K. Klanderud in her capacity as Mayor of the City of Aspen. Notary My commission expires: Special Warranty Deed - 20 Acre Housing Parcel: 6ar/X Ranch LLC to City of Aspen 164 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111I a 05gnf 226 SILVIA DAVIS PITKIN CCR 1131.00 D 0.00 EXHIBIT AL-EAS-1: Agricultural Lands Conservation Easement Recording Requested By, And When Recorded Mail To: Herbert S. Klein, Esq.. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 Agricultural Lands Conservation Easement This document is a component of the Final Approval of the Stage Road PUD/Subdivision, 2005 Stage Road Planned Unit Development/Subdivision 165 IIIIIIIIIIIIIIIIIIIIIIIIIKIN IIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 166 f 226 COUNTY CO /07/2005 12:58, R 1131.00 0 0.00 This page intentionally left blank 2 Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 166 pub control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111111Pae: 167 of 226 10/g07515890 //20005 12:58F Table of Contents Recitals................................................................................5 1 Purpose.................................................................................6 2 Rights of Grantee...................................................................6 2.1 Protection of Conservation Values........................................6 2.2 Compliance Monitoring.........................................................6 2.3 Prevention of lnconsistentUse................................................6 3 Prohibited Uses.....................................................................6 3.1 Construction of Buildings and Other Structures...................7 3.2 Timber Harvesting.................................................................7 3.3 Mining............................................................................7 3.4 Trash.....................................................................................7 3.5 Water Rights..........................................................................7 3.6 Commercial or Industrial Activity and Utilities .......................7 3.7 Hazardous Materials..............................................................7 3.8 Paving and Road and Trail Construction.................................7 4 Reserved Rights and Permitted Uses....................................8 4.1 Residential Uses and Utilities..................................................8 4.2 Fences.................................................................................8 4.3 Recreational Use...................................................................8 4.4 Agricultural Use.....................................................................9 4.5 Alternative Development Plan................................................9 4.6 Conservation Practices........................................................9 5 Notice of Intention to Undertake Certain Permitted Actions ... 9 5.1 Grantee's Approval................................................................9 5.2 City Approval........................................................................10 6 Enforcement........................................................................10 6.1 Notice of Violation: Corrective Action...................................10 6.2 Attorney Fees.......................................................................10 6.3 Emergency Enforcement.....................................................10 6.4 Grantee's Discretion............................................................10 6.5 Waiver of Certain Defenses. .............................. ........ .11 6.6 Acts Beyond Grantor's Control.............................................11 7 Access........................................................................................11 8 Costs, Legal Requirements, and Liabilities .........................11 9 Taxes................................................................................11 10 Control.............................................................................11 11 Hold Harmless......................................................................11 Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 3 Stage Road Planned Unit Development/Subdivision 167 IIIIII IIIII IIIIII IIIIII IIIII IIIIII III III II II IIII III Page: 168 0/07//200005� 12:58F SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Table of Contents 12 Extinguishment....................................................................12 13 Condemnation................................................................12 14 Intentionally Left Blank.........................................................12 15 Application of Proceeds.......................................................12 16 Assignment........................................................................12 16.1 By Grantee...........................................................................12 16.2 By Grantor.............. .............. ......................... .................... ...13 17 Subsequent Transfers.........................................................13 18 Perpetual Duration...............................................................13 19 Notices.............................................................................13 20 Recordation......................................................................14 21 Controlling Law......................... ........................................... 14 22 Liberal Construction.............................................................14 23 Severability........ ..................... ............................................ 14 24 No Forfeiture........................................................................14 25 Joint Obligation....................................................................14 26 Captions...........................................................................14 27 Amendment...................................................................15 28 Effective Date.......................................................................15 Grantor's Signature..............................................................16 Grantee's Signature.............................................................17 Exhibit A: Documentation of Present Conditions .................19 Table of Contents continues...............................................20 q Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 168 PUD Control Document, Development and Vested Rights Agreement: IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII t oa 0 89©0i2:5W Agricultural Lands Conservation Easement THIS AGRICULTURAL LANDS CONSERVATION EASEMENT is granted this _ day of September, 2005, by Bar/X LLC, a Colorado Limited Liability Company, whose address is C/O Gary Finkel, Gumbiner Savett, Inc.,1723 Cloverfield Blvd, Santa Monica, CA 90404 ("Grantor"), to the City of Aspen, a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611 ("Grantee"), for the purpose of forever conserving the open space character, scenic qualities and agricultural productivity of the sub- ject property. RECITALS A Grantor is the sole owner in fee simple of the real property (the "Property"), which consists of 72.989 acres of land, located in Pitkin County, State of Colorado and which is legally de- scribed and depicted on sheet 3 of the Plat defined in subparagraph G below and referred to therein as "Agricultural Conservation Easement." B The Property possesses agricultural, recreational, equestrian, natural, scenic and open space values (collectively, the "Conservation Values") of great importance to Grantor, the people of Pitkin County, Colorado, and the people of the State of Colorado which are worthy of protection. C The specific Conservation Values of the Property are documented in a study titled: Bar/X Ranch: Documentation of Present Conditions, prepared by Land Stewardship Consulting, Inc. of Boulder, Colorado, November 2003, which is intended to serve as an objective information baseline for monitoring compliance with the terms of this easement. A copy of said study is attached hereto at Exhibit A. This Agricultural Lands Conservation Easement refers specifi- cally to the conservation values of the irrigated meadows of the Bar/X Ranch and not to the conservation values attached to Maroon Creek Canyon, as described in the above report, which are the subject of a separate conservation easement. D Grantor intends to make Grantee a beneficiary of the restrictions, terms and conditions this Easement for the exclusive purpose of assuring that the Conservation Values of the Property will be conserved and maintained and that uses of the Property that are inconsistent with the Conservation Values will be prevented or corrected. E Grantor further intends, as owner of the Property, to grant Grantee, subject to the provisions of this Easement, the right to preserve and protect the Conservation Values of the Property in perpetuity. F Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of this and for future generations. Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 5 Stage Road Planned Unit Development/Subdivision 169 515890 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 00 07 2000012:58P SILVIR DAVIS PITKIN COUNTY CO R G This Easement is executed in connection with the creation of the Stage Road Planned Unit Development/Subdivision (the "PUD"), according to the Plat thereof, recorded in Plat Book _, Page _, Reception No. of the records of the Clerk and Recorder for Pitkin County, Colorado (the "Plat"). According to the terms of the Fourth Amended and Restated Pre -Annexation Agreement Bar/X Ranch which was recorded at Reception No. , of the records of the Clerk and Recorder for Pitkin County, Colorado (the "Pre -Annexation Agreement") between Grantor and the City of Aspen ("City"), this Easement is being granted as a condition of a developmental approval. NOW, THEREFORE, for the reasons given, and in consideration of the mutual promises and covenants contained herein, Grantor voluntarily grants and conveys to Grantee, and Grantee voluntarily accepts, a perpetual Conservation Easement in gross, an immediately vested in- terest in real property defined by Colorado Revised Statutes Section 38 30.5 101, at seq., of the nature and character and to the extent hereinafter set forth (the "Easement"). 1 Purpose The purpose of this Easement is to preserve and protect in perpetuity the Conservation Values of the Property and to prevent any use of the Property that will materially impair or interfere with those Conservation Values. It is also the purpose of this Easement to permit other uses of the Property, which uses are described herein, that are consistent with the foregoing goals. 2 Rights of Grantee To accomplish the purpose of this Easement, the following rights are hereby conveyed to Grantee by this Easement: 2.1 Protection of Conservation Values To preserve and protect the Conservation Values of the Property. 2.2 Compliance Monitoring To enter upon the Property at reasonable times, after first giving Grantor not less than seventy-two (72) hours advance notice, in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that, except in cases where Grantee determines that immediate entry is required to prevent, terminate, or mitigate a violation of this Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. 2.3 Prevention of Inconsistent Use To prevent any activity on or use of the Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 3 Prohibited Uses Any activity or use of the Property that is inconsistent with the purpose of this Easement is ex- pressly prohibited. Without limiting the generality of the foregoing, Grantor and Grantee here- by acknowledge and agree that the following activities and uses are expressly prohibited: Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 170 PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111111111111111 1 Page: 1710a 0 89©of et2:58r 3.1 Construction of Buildings and Other Structures The construction or reconstruction of any building or other structure, which is not asso- ciated with the uses permitted on the Property is prohibited, except if such buildings or structures are existing on the date of this Easement. 3.2 Timber Harvesting Except in the course of ordinary ranching activities or with respect to a tree farm or nurs- ery, commercial timber harvesting on the Property shall be prohibited. In addition, trees may be cut to control insects and disease, to control invasive non native species, and to prevent personal injury and property damage. Dead trees may also be cut for firewood and other uses on the Property. Tree thinning activities may take place to enhance views from authorized building areas, to maintain the character and nature of the habitat, and to preserve its value as winter range for deer, elk and other wildlife. 3.3 Mining The commercial mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance is prohibited. Nothing herein shall prohibit excavation or extrac- tion activities associated with ranching or the development of the PUD, including, without limitation, construction of roads within the PUD, ditches, utility installations or septic sys- tems. 3.4 Trash The dumping or uncontained accumulation of any kind of trash or refuse on the Property is prohibited. 3.5 Water Rights Except as may be required for the development of the PUD, including, without limitation, creation of a potable water supply and construction of ponds, Grantor shall not sell, trans- fer, lease, encumber or otherwise separate water rights which have been historically used to maintain the agricultural productivity, open space, wildlife habitat, and scenic qualities of the Property, from title to the Property itself. 3.6 Commercial or Industrial Activity No non-agricultural commercial or industrial uses shall be allowed on the Property, other than normal ranching activities. Notwithstanding the foregoing, subject to paragraph 4.3 special events, picnics, rodeo's, equestrian activities, educational or cultural activities and similar uses may be undertaken on the Property for charitable purposes or for profit. 3.7 Hazardous Materials The storage, dumping, or other disposal of toxic and/or hazardous materials on the Prop- erty is prohibited. For the purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance which is regulated under any federal, state, or local law, excluding, however, fertilizers, herbicides and insecticides necessary for agricul- tural operations, weed control and dust control. 3.8 Paving and Road and Trail Construction With the exception of the portions of the Property located within existing building areas, and roads existing at the time this Easement is recorded or roads, trails and driveways Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 7 Stage Road Planned Unit Development/Subdivision 515890 IIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIII III IIIIII III IIII Pz 007/ 0000 2584 10 necessary for the development or use of the PUD, no portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other paving material, without the advance written permission of Grantee. Grantee shall give such permission within fif- teen (15) days of a request therefore unless Grantee determines that the proposed paving or covering of the soil will substantially diminish or impair the Conservation Values of the Property or is otherwise inconsistent with this Easement, and such permission shall not be unreasonably withheld. The failure of Grantee to respond within the fifteen day period shall be deemed an approval. Nothing herein shall limit Grantor's right to maintain and repair existing roads or to construct, maintain and repair new roads, trails, fences, land- scaping, cattle guards and driveways necessary or desirable for the development or use of the PUD or to provide access to and from lots in the PUD (including any curb, gutter and drainage facilities necessary for such improvements), and to relocate said roads if they are damaged from the effects of erosion or other natural causes. 4 Reserved Rights and Permitted Uses Grantor retains the right to perform any act and conduct any uses not specifically prohibited or limited by this Easement ('Permitted Uses"). Grantor reserves to itself and to its administra- tors, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in, or permit or invite others to engage in, all uses of the Property that are not expressly prohibited herein and are not materially detrimental to the conservation values and the purpose of this Easement. Grantor retains the right to privacy and the right to exclude any member of the public from trespassing on the Property. Without limiting the generality of the foregoing, and subject to the terms of Paragraph 3, the following rights are expressly reserved: 4.1 Residential Uses and Utilities The Grantor may construct, improve, alter, maintain and repair or replace any residential buildings, necessary to the agricultural operation of the Property, such as, without limita- tion a bunkhouse and other residential structures, provided they are occupied by employ- ees who work in agricultural endeavors on the Property and may also create residential building envelopes and enjoy residential uses for free market development if approved as an Alternative Plan as referred to in paragraph 4.5 below. Grantor shall also have the right to construct and maintain utilities which serve the improvements and uses located or to be located on the Property and/or the PUD. 4.2 Fences Grantor may repair, replace, move, or remove existing fences and gates, and new fences and gates may be built for purposes of reasonable and customary ranching uses, includ- ing management of livestock and wildlife. Grantor may install gates at various locations in new or existing fences. Gates and fences may incorporate the use of cattle guards as and where deemed necessary by Grantor. 4.3 Recreational Use Grantor may engage in and permit others to engage in recreational uses of the Property, including, without limitation, equestrian activities and other non -motorized recreational ac- tivities. 8 Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen PUD Control Document, Development and Vested Rights Agreement: SILVIA DAVIS 111111111111111111111111111111���� 1111111 a058s©7/2005 12:5W PITKIN COUNTY Co R 1131.00 D 0.00 4.4 Agricultural Use Grantor may engage in any and all agricultural uses and construct, maintain and re- pair buildings, improvements and structures related to said uses on the Property in ac- cordance with sound, generally accepted agricultural and ranching practices. For the purposes of this Easement, "agricultural uses" shall include the uses defined below and the construction of any structures and improvements associated with said uses, which are defined as: transporting, breeding, raising, pasturing, and grazing livestock of every nature and description; equestrian activities of all kinds; breeding and raising bees, fish, poultry, and other fowl; planting, raising, harvesting, and producing agricultural, aquacul- tural, horticultural, and forestry crops and products of every nature and description; and the primary processing, storage, and sale, including direct retail sale to the public, of crops and products harvested and produced principally on the Property. Livestock shall include, Without limitation, the animals included in the definition of Livestock found at C.R.S. 35-1- 102 in effect on the date of recording this Easement. 4.6 Alternative Development Plan Grantor shall have the right, at any time before the sale of an individual lot in the PUD, to amend the approved free market development plan with a different plan having no more than the number of free market lots approved in the Plat, with a lot configuration that may, but does not have to, include a fathering parcel (e.g., one or more parcels that are simi- lar with respect to uses and densities to Lots F1 and F2 shown on the Plat) of a different size than that approved in the Plat (the "Alternative Plan"). This Easement is subject to building envelopes and residential uses for residential development that may be placed within its boundaries in order to accommodate the reconfiguration of lots involved in any Alternative Plan. 4.6 Conservation Practices The Property shall be managed in accordance with good conservation practices to prevent the following: (i) soil erosion; (ii) noxious weeds to the extent reasonably possible; and (iii) overgrazing by livestock. Grantor and Grantee may consult with a qualified professional mutually agreed on who will provide written suggestions regarding good conservation practices for erosion control, weed control and grazing management- 5 Notice of Intention to Undertake Certain Permitted Actions If any activities referred to in this Easement require Grantor to notify Grantee prior to under- taking them, such notice is intended to afford Grantee an adequate opportunity to monitor the activities in question to ensure that they are designed and carried out in a manner that is not inconsistent with the purpose of this Easement. Whenever notice is required Grantor shall notify Grantee in writing not less than fifteen (15) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, lo- cation, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Easement. 5.1 Grantee's Approval Where Grantee's approval is required, Grantee shall grant or withhold its approval in writ- ing within fifteen (15) days of receipt of Grantor's written request therefore. Grantee's ap- proval may be withheld only upon a reasonable determination by Grantee that the action Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 9 Stage Road Planned Unit Development/Subdivision 1111 11111111111111111111111111111111111111111111111111111 1 100/ 07 //220005of 26 012258F as proposed would be inconsistent with the purpose of this Easement. 5.2 City Approval In the event that Grantee assigns its rights in this Easement as permitted by paragraph 16 below, City's consent shall be required for any amendment to this Easement which chang- es the allowed use of the areas within this Easement. City is intended to be a beneficiary of this Easement in order to exercise such rights. City shall not have the right to assign this right of consent to such amendment and any such assignment shall be null and void. 6 Enforcement Grantee shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Easement. Subject to paragraph 2.2, Grantee may enter the Prop- erty for the purpose of inspecting for violations. 6.1 Notice of Violation: Corrective Action If Grantee finds what it believes is a violation, Grantee shall immediately notify Grantor in writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall either (a) restore the Property to its condition prior to the violation or (b) provide a written explanation to Grantee of the reason why the alleged violation should be permitted. If the condition described in (b) above occurs, both parties agree to meet either in person, by telephone or through their authorized representatives, within fifteen (15) days of said notice to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute within fifteen (15) days after the meeting described in the previous sentence. When, in Grantee's opinion, an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Property, Grantee may, at its discretion, take appropriate legal action. Grantor shall discontinue any activity which could increase or expand the alleged violation during the mediation process. Should mediation fail to resolve the dispute, Grantee may, at its discretion, take appropriate legal action. If a court with jurisdiction determines that a violation is imminent, exists, or has occurred, Grantee may get an injunction to stop it, temporarily or permanently. A court may also issue an in- junction to require Grantor to restore the Property to its condition prior to the violation. 6.2 Attorney Fees In any litigation to enforce the terms of this Easement, the court shall determine who is the prevailing party and shall award such party its reasonable costs and attorney fees incurred in such litigation, in addition to any other relief granted by the court.. 6.3 Emergency Enforcement If Grantee, reasonably determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property, Grantee may pursue its remedies under this Paragraph 6 without prior notice to Grantor or without wait- ing for the period provided for cure to expire. 6.4 Grantee's Discretion Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be 10 Agricultural Conservation Easement: BadX Ranch LLC to City of Aspen 174 PUD Control Document, Development and Vested Rights Agreement: III II I IIIIII III IIII III IIIII II IIIIII II IIII515890 Page: 175 of 226 0/07//20005 12: 58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 6.5 Waiver of Certain Defenses Grantor hereby waives any defense of laches, estoppel, or prescription. 6.6 Acts Beyond Grantor's Control Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth move- ment, or from any prudent action taken by grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 7 Access No right of access by the general public to any portion of the Property is conveyed by this Easement. 8 Costs, Legal Requirements, and Liabilities Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including, at Grantor=s option, the maintenance of comprehensive general liability insurance coverage in coverages and amounts determined by Grantor, in its sole discretion. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regula- tions, and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor, except that nothing herein shall prohibit Grantor from placing liens on the Property which are subordi- nated to this Easement or otherwise junior in priority to this Easement. 9 Taxes Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. 10 Control Nothing in this Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial control over the day to day operations of the Property, or any of Grantor's activities on the Property, or otherwise to be- come an operator with respect to the Property within the meaning of The Comprehensive En- vironmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"). 11 Hold Harmless Grantor hereby releases any claims it may now or hereafter have against Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal rep - Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 11 __.__-----.........._ _- Unit DevelopmenUSubdivision 175 11111111111111111111111111111111111111111111111 II11111 0e a /20005 12:58; resentatives, successors, and assigns of each of them (collectively "Released Parties') for any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limi- tation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except to the extent caused by the negligence or wilful act of any of the Indemnified Parties; and hereby indemnifies Grantee against any claims arising from (a) the violation or alleged violation of, or other failure to comply by Grantor with, any state, federal, or local law, regula- tion, or requirement, including, without limitation, CERCLA, in any way affecting, involving, or relating to the Property; and (b) the presence or release in, on, from, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to hu- man health or the environment, unless caused by any of the Released Parties. 12 Extinguishment If circumstances arise in the future that render the purpose of this Easement impossible to ac- complish, this Easement can only be terminated or extinguished, whether in whole or in part, either by the mutual consent of the Grantor, the Grantee and the City, or by judicial proceed- ings in a court of competent jurisdiction. Each party shall promptly notify the otherwhen it first learns of such circumstances. Grantee shall not be entitled to any compensation in the event of such termination. 13 Condemnation If all or any part of the Property is taken by exercise of the power of eminent domain or ac- quired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and Grantee shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and Grantee in connection with the taking or in lieu purchase shall be paid out of the amount recovered. Grantee's share of the balance of the amount recovered shall be one tenth (1/10th) of the amount recovered, less all expenses and fees, including, without limita- tion, reasonable attorney fees and appraiser and expert witness fees, incurred by Grantor in connection with such condemnation. 14 Intentionally Left Blank. 15 Application of Proceeds Grantee shall use any proceeds received under the circumstances described in Paragraphl3 in a manner consistent with its conservation purposes, which are exemplified by this grant. 16 Assignment 16.1 By Grantee This Easement is transferable by Grantee only as follows: Grantee may assign its rights and obligations underthis Easement only to an organization which is approved in advance by Grantor, which approval Grantor may deny in its sole and unfettered discretion, and 12 Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 176 PLID Control Document, Development and Vested Rights Agreement: 89© 11111111111111111111111111111111111111111111111111111110g0 12�58F 1 00 only if the agency or organization expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist, a courtwith jurisdiction shall transfer this Easement to another organization having similar purposes that is designated by the then owner of the Property and that agrees to assume the responsibility. 16.2 By Grantor Grantor shall have the right to designate a successor grantee and beneficiary ("Succes- sor Grantee") of the City's interests in this Easement. Grantor shall provide to the City, for its review and approval, a form of assignment of the City's interest in this Easement together with all relevant information about the Successor Grantee. Provided that such Successor Grantee is a recognized conservation, agricultural or preservation organiza- tion which has a demonstrated capability to administer this Easement, City's approval and execution of the assignment shall not be unreasonably withheld or delayed. 17 Subsequent Transfers Grantor agrees to incorporate the terms of this Easement by reference in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Prop- erty, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 18 Perpetual Duration This Easement shall be a servitude running with the land in perpetuity. Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear; provided, however, that either parry's rights and obligations under this Easement shall termi- nate (as to such party, but not as to such part's successor, who shall be bound as provided herein) upon a transfer of such party's entire interest in this Easement or the Property, except that liability of such transferring party for acts or omissions occurring prior to such transfer shall survive the transfer. 19 Notices Any notice provided or permitted to be given under this Easement must be in writing and may be given and shall be deemed to have been given (i) by depositing the same in the United States mail, addressed to the party notified, postage prepaid and registered or certified with return receipt requested; (ii) by delivering the same in person to such party; or (iii) by deposit- ing the same into the custody of a nationally recognized overnight delivery service such as, but not limited to Federal Express Corporation, addressed to the party to be notified; or (iv) by facsimile. For purposes of notice, the addresses of the parties shall be as set forth below. From time to time either party may designate another address for all purposes of this Ease- ment by giving the other party no less than ten (10) days' advance notice of such change of address in accordance with the provisions hereof. Agricultural Conservation Easement: Bar/X Ranch U-C to City of Aspen 13 Stage Road Planned Unit Development/Subdivision IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII t 0 8005 12:ser 177 Grantor: Bar/X Ranch, LLC C/O Gary Finkel Gumbiner Savett, Inc. 1723 Clovefield Blvd Santa Monica, CA 90404 Phone: (310) 828-9798 Facsimile: (310) 829-7853 Grantee: City of Aspen Attn: City Attorney 130 S. Galena St. Aspen, Co. 81611 Phone:970-920-5055 Facsimile: 970-920-5119 Copy to: Herbert S. Klein, Esq. Klein, Cote & Edwards, LLC 201 N. Mill St. #203 Aspen, Co. 81611 Phone:970-925-8700 Facsimile: 970-925-3977 20 Recordation Grantee shall record this instrument in timely fashion in the official records of each county in which the Property is situated, and may re record it at any time as may be required to preserve its rights in this Easement. 21 Controlling Law The interpretation and performance of this Easement shall be governed by the laws of the State of Colorado. 22 Liberal Construction Any general rule of construction to the contrary notwithstanding, this Easement shall be liber- ally construed in favor of the grant to effect the purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 23 Severability If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be in- valid, as the case may be, shall not be affected thereby. 24 No Forfeiture Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any re- spect. 25 Joint Obligation The obligations imposed by this Easement upon Grantors shall be joint and several. 26 Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 14 Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 178 PUD Control Document, Development and Vested Rights Agreement: �111 1111�1111111111111111111 I II 80 0�12:58r SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 27 Amendment If the circumstances arise under which an amendment to, or modification of, this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement, provided that no amendment shall be allowed that will affect the qualifications of this Easement under any applicable laws. Any amendment must be consistent with the conservation purposes of this Easement and may not affect its perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in the official records of Pitkin County, Colorado. Any amendment which results in lesser restrictions on uses prohibited or limited hereby, shall also be approved by the City. 28 Effective Date Grantor and Grantee intend that this Easement shall take effect on the date it is recorded in the records of the Clerk and Recorder of Pitkin County, Colorado, after the signatures of Grantor and Grantee have been affixed hereto, and until this Easement has been signed and recorded, it shall not be effective. TO HAVE AND TO HOLD, this Easement unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. SIGNATURES ON NEXT PAGES Conservation Easement: Bar/X Ranch LLC to City of Aspen 15 Stage Road Planned Unit Development/Subdivision 179 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII II of 226 O III0//07//2000512:58F 31 0 GRANTOR: Bar/X LLC, a Colorado Limited Liability Company By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, as Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. STATE OF CALIFORNIA ) )ss. COUNTY OF LOSANGELES ) Acknowledged before me this _day of September 2005, by Gary Finkel in his capacity as Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, and Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. Notary My commission expires: 16 Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 180 PUD Control Document, Development and Vested Rights Agreement: IIII II IIIIII��11 III II111� I 11� III 0g0 //2 05 of 226 12,58F SILVIP DAVIS PITKIN COUNTY CO R 1231.00 D 0.00 GRANTEE: City of Aspen, a Colorado municipal corporation By: Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The above and foregoing document was acknowledged before me this day of September 2005, by as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a Colorado municipal corporation. Witness my hand and official My commission expires: Notary Public Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 17 Stage Road Planned Unit Development/Subdivision 18 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIiI II IIII 1 Page-00 07g90012:58F EXHIBIT A Bar/X Ranch: Documentation of Present Conditions, prepared by Land Stewardship Consulting, Inc. of Boulder, Colorado, November 2003 This exhibit is available for public inspection in the records of the City of Aspen Community Development Department, City Hall, 130 S. Galena Street, 3rd Floor, Aspen, CO 81611. 18 Agricultural Conservation Easement: Bar/X Ranch LLC to City of Aspen 182 POD Control Document, Development and Vested Rights Agreement: eg©oi511 !�� 111111 III11111111 1 12:& SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 EXHIBIT MCC-EAS-1: Maroon Creek Canyon Conservation Easement Recording Requested By, And When Recorded Mail To: Herbert S. Klein, Esq.. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 Maroon Creek Canyon Conservation Easement This document is a component of the Final Approval of the Stage Road PUD/Subdivision, 2005 - Stage Road Planned Unit Development/Subdivision183 IIIIII IIIII IIIIII IIIIII COUNTY CO III IIIIIII II IIII 515890 Page: 184 of 226 oa 0 2:58F 0 This page intentionally left blank P Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to Cityof Aspen 184 PUD Control- Document, Development and Vested Rights Agreement: IIIIII IIIII IIIIII IIIIII COUNTY IIIIII IIIIIIIIII IIIII e0 58005 12:58,: Table of Contents Recitals. ... ......... — ... . . .. ...... . ....... ...... ....... -5 1 Purpose.................................................................................6 2 Rights of Grantee...................................................................6 2A Protection of Conservation Values........................................6 2.2 Compliance Monitoring.........................................................6 2.3 Prevention of Inconsistent Use................................................7 3 Prohibited Uses.....................................................................7 3.1 Construction of Buildings and Other Structures...................7 3.2 Timber Harvesting.................................................................7 3.3 Mining.... . ............. ....... ...... ... ...... .. - -.7 3.4 Trash.....................................................................................7 3.5 Water Rights..........................................................................7 3.6 Commercial or Industrial Activity and Utilities .......................7 3.7 Hazardous Materials..............................................................8 3.8 Paving and Road and Trail Construction.................................8 4 Reserved Rights and Permitted Uses....................................8 4.1 Residential Uses and Utilities..................................................8 4.2 Subdivision or Parcelling.......................................................9 4.3 Fences.................................................................................9 4.4 Recreational Use...................................................................9 4.5 Alternative Development Plan................................................9 4.6 Agricultural Use.....................................................................9 4.7 Permitted Uses......................................................................8 4.8 Conservation Practices........................................................10 5 Notice of Intention to Undertake Certain Permitted Actions ... 10 5.1 Grantee'sApproval...............................................................10 5.2 CityApproval........................................................................10 6 Enforcement........................................................................10 6.1 Notice ofViolation: Corrective Action ...................................10 6.2 Attorney Fees.......................................................................11 6.3 Emergency Enforcement.....................................................11 6.4 Grantee's Discretion............................................................11 6.5 Waiver of Certain Defenses.................................................11 6.6 Acts Beyond Grantor's Control.............................................11 7 Access........................................................................................11 8 Costs, Legal Requirements, and Liabilities .........................11 9 Taxes................................................................................12 10 Control.............................................................................12 11 Hold Harmless......................................................................12 Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 3 185 Stage Road Planned Unit Development/Subdivision IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII II IIII 150 0 89 2 :58F Table of Contents 12 Extinguishment. .............. .. .. ...... ... ..... ....... -12 13 Condemnation................................................................13 14 Intentionally Left Blank.........................................................13 15 Application of Proceeds ..................... ............ ........ ........... -.13 16 Assignment........................................................................13 16.1 By Grantee...........................................................................13 16.2 By Grantor............ ...... ........................... ............ .......... ........ .13 17 Subsequent Transfers.........................................................13 18 Perpetual Duration...............................................................13 19 Notices.............................................................................14 20 Recordation......................................................................14 21 Controlling Law.......... ......... ........... ......... ........... ........ ......... .14 22 Liberal Construction.............................................................14 23 Severability.........................................................................15 24 No Forfeiture........................................................................15 25 Joint Obligation....................................................................15 26 Captions...........................................................................15 27 Amendment...................................................................15 28 Effective Date.......................................................................15 Grantor's Signature..............................................................16 Grantee's Signature.............................................................17 Exhibit A: Documentation of Present Conditions .................19 Table of Contents continues...............................................20 4 Maroon Creek Canyon Conservation Easement: Bar1X Ranch LLC to City of Aspen -.. _ - .. 18g PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111110/0 /2005 89O oi2:58c SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Maroon Creek Canyon Conservation Easement THIS MAROON CREEK CANYON CONSERVATION EASEMENT is granted this _ day of September, 2005, by Bar/X LLC, a Colorado Limited Liability Company, whose address is C/O Gary Finkel, Gumbiner Savett, Inc.,1723 Cloverfield Blvd, Santa Monica, CA 90404 ("Grantor'), to the City of Aspen, a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611 ("Grantee") for the purpose of forever conserving the open space character, wildlife habitat, scenic qualities and agricultural produc- tivity of the subject property. RECITALS A Grantor is the sole owner in fee simple of certain real property known as Lot F2, Stage Road Planned Unit Development/Subdivision (the "PUD"), according to the Plat thereof, re- corded in Plat Book _, Page _, Reception No. ,of the records of the Clerk and Recorder for Pitkin County, Colorado (the "Plat"). A 14.42 acre portion of Lot F2, which is le- gally described and depicted on sheet 3 of the Plat and referred to therein as "Maroon Creek Canyon Conservation Easement" is subject to this Conservation Easement (the "Property"), located in Pitkin County, State of Colorado, which includes a portion of what is commonly known as the Maroon Creek Canyon. Grantor also owns adjacent land known as the Bar/X Ranch (the "Ranch"), upon which cer- tain ranching, recreational, cultural and residential uses are conducted and certain of which have historically been undertaken within the Maroon Creek Canyon. The boundaries of the Ranch and the location of this Conservation Easement are graphically depicted on Sheet 3 of the Plat. B The floor of Maroon Creek Canyon has very high ecological values and contains numerous wetlands and areas of riparian vegetation. Certain of these wetland systems developed over the past 120 years as a result of the ranching activities on the Ranch land above the canyon. The Property also possesses other recreational, equestrian, natural, scenic and open space values (collectively, the "Conservation Values") of great importance to Grantor, the people of Pitkin County, Colorado, and the people of the State of Colorado which are worthy of protec- tion. C The specific Conservation Values of the Property are documented in a study titled: Bar/X Ranch Documentation of Present Conditions, prepared by Land Stewardship Consulting, Inc. of Boulder, Colorado, November 2003, which is intended to serve as an objective informa- tion baseline for monitoring compliance with the terms of this easement. A copy of said study is attached hereto at Exhibit A. This Maroon Creek Canyon Conservation Easement refers specifically to the Conservation Values attached to Maroon Creek Canyon, as described in the above report, and not to the agricultural Conservation Values of the irrigated meadows of the Bar/X Ranch, which are the subject of a separate conservation easement. Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 5 187 Stage Road Planned Unit Development/Subdivision 515890 lllllii lull llllll llllll lullllll llllll lllllliillllllll l 00 07/2000012:58F D Grantor intends to make Grantee a beneficiary of the restrictions, terms and conditions this Conservation Easement for the exclusive purpose of assuring that, the Conservation Values of the Property will be conserved and maintained, and that uses of the Property that are in- consistent with the Conservation Values will be prevented or corrected. E Grantor further intends, as owner of the Property, to grant Grantee, subject to the provisions of this Conservation Easement, the right to preserve and protect the Conservation Values of the Property in perpetuity. F Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of this and for future generations. G This Agreement is executed in connection with the creation of the PUD, as described on the Plat and is also in accordance with the terms of the Fourth Amended and Restated Pre -An- nexation Agreement Bar/X Ranch which recorded at Reception No. of the records of the Clerk and Recorder for Pitkin County, Colorado (the 'Pre -Annexation Agreement") between Grantor and the City of Aspen ("City"), this Conservation Easement is being granted as a condition of a developmental approval. H A portion of Lot F2 contains a cabin site as shown the Plat (the "Cabin Site"). Although the Cabin Site is not located within the Property, its proximity to the Property requires that certain activities related to the Cabin Site be regulated under the provisions hereof. Except as may be expressly stated herein, no provisions or restrictions contained herein shall apply to the Cabin Site or activities conducted thereon. NOW, THEREFORE, for the reasons given, and in consideration of the mutual promises and covenants contained herein, Grantor voluntarily grants and conveys to Grantee, and Grantee voluntarily accepts, a perpetual Conservation Easement in gross, an immediately vested in- terest in real property defined by Colorado Revised Statutes Section 38 30.5 101, et seq., of the nature and character and to the extent hereinafter set forth (the "Easement"). 1 Purpose The purpose of this Easement is to preserve and protect in perpetuity the Conservation Values of the Property and to prevent any use of the Property that will materially impair or interfere with those Conservation Values. It is also the purpose of this Easement to permit other uses of the Property, which uses are described herein, that are consistent with the foregoing goals. 2 Rights of Grantee To accomplish the purpose of this Easement, the following rights are hereby conveyed to Grantee by this Easement: 2.1 Protection of Conservation Values To preserve and protect the Conservation Values of the Property. 2.2 Compliance Monitoring To enter upon the Property at reasonable times, after first giving Grantor not less than seventy-two (72) hours advance notice, in order to monitor Grantor's compliance with 6 - Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 188 - PUD Control Document, Development and Vested Rights Agreement: IIIIIII IIIIIIIIIII IIIIIIIIIII IIIIIIIIII IIIIIIIIII II IIII 1231.00 Page: 07515890 2:58' SIL.VIA DAVIS TKIN COUNTY CO R and otherwise enforce the terms of this Easement; provided that, except in cases where Grantee determines that immediate entry is required to prevent, terminate, or mitigate a violation of this Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. 2.3 Prevention of Inconsistent Use To prevent any activity on or use of the Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 3 Prohibited Uses Any activity or use of the Property that is inconsistent with the purpose of this Easement is ex- pressly prohibited. Without limiting the generality of the foregoing, Grantor and Grantee here- by acknowledge and agree that the following activities and uses are expressly prohibited: 3.1 Construction of Buildings and Other Structures The construction or reconstruction of any building or other structure, which is not associ- ated with the uses permitted on the Property, is prohibited, except if such buildings or structures are existing on the date of recording this Easement. 3.2 Timber Harvesting Commercial timber harvesting on the Property shall be prohibited. Trees may be cut to control insects and disease, to control invasive non native species, and to prevent per- sonal injury and property damage. Dead trees may also be cut for firewood and other uses on the Property. Tree thinning activities may take place to enhance views from authorized building areas, to maintain the character and nature of the habitat, and to preserve its value as winter range for deer, elk and other wildlife. 3.3 Mining The commercial mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance is prohibited. 3.4 Trash The dumping or uncontained accumulation of any kind of trash or refuse on the Property is prohibited. 3.5 Water Rights Except as may be required for the development of the PUD, including, without limitation, creation of a potable water supply, including, without limitation the development of one or more wells, and construction of ponds, Grantor shall not sell, transfer, lease, encumber or otherwise separate water rights which have been historically used to maintain the agricul- tural productivity, open space, wildlife habitat, and scenic qualities of the Property, from title to the Property itself. 3.6 Commercial or Industrial Activity and Utilities No non-agricultural commercial or industrial uses shall be allowed on the Property, other than normal ranching activities. Notwithstanding the foregoing, subject to paragraph 4.3, Maroon Creek Canyon Conservation Easement: Bar/x Ranch U-C to City of Aspen 7 Stage Road Planned Unit Development/Subdivision 189 1III 11111111111��11 11111 111� �1���890 //200055190�12:226 W SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 special events, picnics, rodeo's, equestrian activities, educational or cultural activities and similar uses may be undertaken on the Property for charitable purposes or for profit. Util- ity easements existing as of the date of recording hereof and or which may be necessary in the future to serve the PUD, and the lines, facilities and equipment related thereto as presently installed or as may be installed in the future, along with maintenance and repair activities associated therewith, are expressly permitted and nothing herein shall diminish or restrict the exercise of rights under said easements. 3.7 Hazardous Materials The storage, dumping, or other disposal of toxic and/or hazardous materials on the Prop- erty is prohibited. For the purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance which is regulated under any federal, state, or local law, excluding, however, fertilizers, herbicides and insecticides necessary for agricul- tural operations, weed control and dust control. 3.8 Paving and Road and Trail Construction With the exception of the portions of Lot F2 located within the Cabin Site and any roads, trails or devices, such as, without limitation, stairways or funiculars necessary for access to the Cabin Site, and roads existing at the time this Easement is recorded, no portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other pav- ing material, without the advance written permission of Grantee. Grantee shall give such permission within fifteen (15) days of a request therefore unless Grantee determines that the proposed paving or covering of the soil will substantially diminish or impair the Con- servation Values of the Property or is otherwise inconsistent with this Easement, and such permission shall not be unreasonably withheld. The failure of Grantee to respond within the fifteen day period shall be deemed an approval. Nothing herein shall limit Grantor's right to maintain and repair existing roads, and to relocate said roads if they are damaged from the effects of erosion or other natural causes. 4 Reserved Rights and Permitted Uses Grantor retains the right to perform any act and conduct any uses not specifically prohibited or limited by this Easement ("Permitted Uses'). Grantor reserves to itself and to its administra- tors, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in, or permit or invite others to engage in, all uses of the Property that are not expressly prohibited herein and are not materially detrimental to the conservation values and the purpose of this Easement. Grantor retains the right to privacy and the right to exclude any member of the public from trespassing on the Property. Without limiting the generality of the foregoing, and subject to the terms of Paragraph 3, the following rights are expressly reserved: 4.1 Residential Uses and Utilities The Grantor may construct, improve, alter, maintain and repair or replace any buildings, permitted by the City of Aspen regulations and/or the PUD and as the same may be amended, provided such structures are located within the Cabin Site. Other than the fore- going, no other buildings are permitted on the Property. Grantor shall also have the right to construct and maintain utilities, wells, sewer lines and/or septic facilities and access roads, trails and devices (as described in paragraphs 3.6 and 3.8 above) which serve the improvements and uses located or to be located on the Property and/or the PUD. With 8 Maroon Creek Canyon Conservation Easement: Barlx Ranch LLC to City of Aspen 190 PUD Control Document, Development and Vested Rights Agreement: 515890 IIIIIIIIIII IIIIII IIIIII IIIIIIIII IIIIII III IIII IIIII IIII page: 07/2012:58, 100 D 000 respect to the use of the Cabin Site, the following restrictions shall apply: (i) if approved by the Fire Marshall, the construction of a future access road to the cabin site shall be prohibited; (ii) exterior lighting of the cabin is limited to periods of time when it is occupied; (iii) dogs are prohibited on the Cabin Site (except for farm dogs belonging to owners or employees of the PUD, and specially trained service dogs for use by visually impaired persons or persons with other medical needs); and (iv) exterior construction of the cabin is allowed only during the months of July through September of each year. Following the construction of the cabin, the owner of Lot F2 shall be responsible for the complete restoration of any construction access roads or utility access easements required during construction. 4.2 Subdivision or Parceling Subdivision of the Property shall not be permitted, except that Grantor may subdivide and/or separately convey the Cabin Site, if approved by the City. 4.3 Fences Grantor may repair, replace, move, or remove existing fences and gates, and new fences and gates may be built for purposes of reasonable and customary ranching uses, includ- ing management of livestock and wildlife. Grantor may install gates at various locations in new or existing fences. 4.4 Recreational Use To engage in and permit others to engage in recreational uses of the Property, including, without limitation, hiking, bicycle riding, hunting, horseback riding, fishing and other non - motorized recreational uses; provided, however, that this Deed prohibits more than a de minimis use for a commercial recreational activity. 4.5 Alternative Development Plan Grantor shall have the right, at any time before the sale of an individual lot in the PUD, to amend the approved free market development plan with a different plan having no more than the number of free market lots approved in the Plat, with a lot configuration that may, but does not have to, include a fathering parcel (e.g., one or more parcels that are similar with respect to uses and densities to Lots F1 and F2 shown on the Plat) of a different size than that approved in the Plat (the "Alternative Plan"). Although this Easement shall not be terminated by reason of such Alternative Plan, the acreage within this Easement shall be included in the density calculations for such development, however, except for the Cabin Site, no new residential building sites shall be located within this Easement. 4.6 Agricultural Use To engage in any and all agricultural uses of the Property in accordance with sound, gen- erally accepted agricultural and ranching practices and in a manner consistent with the historic uses of the Property, which include breeding, raising, pasturing, and grazing of cattle, sheep and horses. It is expressly recognized that Grantor has title to a stock water- ing easement along the banks of Maroon Creek and Grantor's use of this easement shall not be impaired or diminished in any way by the terms and conditions of this Easement. 4.7 Permitted Uses To conduct the Permitted Uses on the Property. Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 9 Stage Road Planned Unit Development/Subdivision 191 11111111111111111111111111111111111111111111111111111 0;0 //192 of 226 200055012:58: 4.8 Conservation Practices The Property shall be managed in accordance with good conservation practices to prevent the following: (i) soil erosion; (ii) noxious weeds to the extent reasonably possible; and (iii) overgrazing by livestock. Grantor and Grantee may consult with a qualified professional mutually agreed on who will provide written suggestions regarding good conservation practices for erosion control, weed control and grazing management. 5 Notice of Intention to Undertake Certain Permitted Actions If any activities referred to in this Easement require Grantor to notify Grantee prior to under- taking them, such notice is intended to afford Grantee an adequate opportunity to monitor the activities in question to ensure that they are designed and carried out in a manner that is not inconsistent with the purpose of this Easement. Whenever notice is required Grantor shall notify Grantee in writing not less than fifteen (15) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, lo- cation, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Easement. 5.1 Grantee's Approval Where Grantee's approval is required, Grantee shall grant or withhold its approval in writ- ing within fifteen (15) days of receipt of Grantor's written request therefore. Grantee's ap- proval may be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this Easement. 5.2 City Approval In the event that Grantee assigns its rights in this Easement as permitted by paragraph 16 below, City's consent shall be required for any amendment to this Easement which chang- es the allowed use of the areas within this Easement. City is intended to be a beneficiary of this Easement in order to exercise such rights. City shall not have the right to assign this right of consent to such amendment and any such assignment shall be null and void. 6 Enforcement Grantee shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Easement. Subject to paragraph 2.2, Grantee may enter the Prop- erty for the purpose of inspecting for violations. 6.1 Notice of Violation: Corrective Action If Grantee finds what it believes is a violation, Grantee shall immediately notify Grantor in writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall either (a) restore the Property to its condition prior to the violation or (b) provide a written explanation to Grantee of the reason why the alleged violation should be permitted. If the condition described in (b) above occurs, both parties agree to meet either in person, by telephone or through their authorized representatives, within fifteen (15) days of said notice to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute within fifteen (15) days after the meeting described in the previous sentence. When, in Grantee's opinion, an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Property, Grantee may, at its discretion, 10 Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 192 PUD Control Document, Development and Vested Rights Agreement: eg0o1�5111I111111 III111111I 12& SILVIP DAVIS PITKIN COUNTY CO R 1131.00 0 0.00 take appropriate legal action. Grantor shall discontinue any activity which could increase or expand the alleged violation during the mediation process. Should mediation fail to resolve the dispute, Grantee may, at its discretion, take appropriate legal action. If a court with jurisdiction determines that a violation is imminent, exists, or has occurred, Grantee may get an injunction to stop it, temporarily or permanently. A court may also issue an in- junction to require Grantor to restore the Property to its condition prior to the violation. 6.2 Attorney Fees In any litigation to enforce the terms of this Easement, the court shall determine who is the prevailing party and shall award such party its reasonable costs and attorney fees incurred in such litigation, in addition to any other relief granted by the court.. 6.3 Emergency Enforcement If Grantee, reasonably determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property, Grantee may pursue its remedies under this Section 6 without prior notice to Grantor or without waiting for the period provided for cure to expire. 6.4 Grantee's Discretion Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 6.5 Waiver of Certain Defenses Grantor hereby waives any defense of laches, estoppel, or prescription. 6.6 Acts Beyond Grantor's Control Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth move- ment, or from any prudent action taken by grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 7 Access No right of access by the general public to any portion of the Property is conveyed by this Easement. 8 Costs, Legal Requirements, and Liabilities Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including, at Grantor's option, the maintenance of comprehensive general liability insurance coverage in coverages and amounts determined by Grantor, in its sole discretion. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 11 Stage Road Planned Unit Development/Subdivision 193 89Do1?saII1�1 1111��11 IIII III I 1�1 I2 SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 shall be undertaken in accordance with all applicable federal, state, and local laws, regula- tions, and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor, except that nothing herein shall prohibit Grantor from placing liens on the Property which are subordi- nated to this Easement or otherwise junior in priority to this Easement. 9 Taxes Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. 10 Control Nothing in this Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial control over the day to day operations of the Property, or any of Grantor's activities on the Property, or otherwise to be- come an operator with respect to the Property within the meaning of The Comprehensive En- vironmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"). 11 Hold Harmless Grantor hereby releases any claims it may now or hereafter have against Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal rep- resentatives, successors, and assigns of each of them (collectively "Released Parties") for any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limi- tation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except to the extent caused by the negligence or willful act of any of the Indemnified Parties; and hereby indemnifies Grantee against any claims arising from (a) the violation or alleged violation of, or other failure to comply by Grantor with, any state, federal, or local law, regula- tion, or requirement, including, without limitation, CERCLA, in any way affecting, involving, or relating to the Property, and (b) the presence or release in, on, from, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to hu- man health or the environment, unless caused by any of the Released Parties. 12 Extinguishment If circumstances arise in the future that render the purpose of this Easement impossible to ac- complish, this Easement can only be terminated or extinguished, whether in whole or in part, either by the mutual consent of the Grantor, the Grantee and the City, or by judicial proceed- ings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances. Grantee shall not be entitled to any compensation in the event of such termination. 12 Maroon Creek Canyon Conservation Easement: BarIX Ranch LLC to City of Aspen 194 - PUD Control Document, Development and Vested Rights Agreement: e9m ai�111111111111111111IIIIII111111111111111III1111111111111 02581 t 13 Condemnation If all or any part of the Property is taken by exercise of the power of eminent domain or ac- quired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and Grantee shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and Grantee in connection with the taking or in lieu purchase shall be paid out of the amount recovered. Grantee's share of the balance of the amount recovered shall be one -tenth (1/10th) of the amount recovered, less all expenses and fees, including, without limitation, reasonable attorney fees and appraiser and expert witness fees, incurred by Grantor in con- nection with such condemnation. 14 Intentionally Left Blank 15 Application of Proceeds Grantee shall use any proceeds received under the circumstances described in Paragraph 13 in a manner consistent with its conservation purposes, which are exemplified by this grant. 16 Assignment 16.1 By Grantee This Easement is transferable by Grantee only as follows: Grantee may assign its rights and obligations under this Easement only to an organization which is approved in advance by Grantor, which approval Grantor may deny in its sole and unfettered discretion, and only if the agency or organization expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist, a court with jurisdiction shall transfer this Easement to another organization having similar purposes that is designated by the then owner of the Property and that agrees to assume the responsibility. 16.2 By Grantor Grantor shall have the right to designate a successor grantee and beneficiary ("Succes- sor Grantee") of the City's interests in this Easement. Grantor shall provide to the City, for its review and approval, a form of assignment of the City's interest in this Easement together with all relevant information about the Successor Grantee. Provided that such Successor Grantee is a recognized conservation, agricultural or preservation organiza- tion which has a demonstrated capability to administer this Easement, City's approval and execution of the assignment shall not be unreasonably withheld or delayed. 17 Subsequent Transfers Grantor agrees to incorporate the terms of this Easement by reference in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Prop- erty, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in anyway. 18 Perpetual Duration This Easement shall be a servitude running with the land in perpetuity. Every provision of this Maroon Creek Canyon Conservation Easement: Bar/X Ranch U-C to City of Aspen 13 Stage Road Planned Unit Development/Subdivision 195 515890 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 07/2000012:58; 1131.00 Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear; provided, however, that either party's rights and obligations under this Easement shall termi- nate (as to such party, but not as to such party's successor, who shall be bound as provided herein) upon a transfer of such party's entire interest in this Easement or the Property, except that liability of such transferring party for acts or omissions occurring prior to such transfer shall survive the transfer. 19 Notices Any notice provided or permitted to be given under this Easement must be in writing and may be given and shall be deemed to have been given (i) by depositing the same in the United States mail, addressed to the party notified, postage prepaid and registered or certified with return receipt requested; (ii) by delivering the same in person to such party; or (iii) by deposit- ing the same into the custody of a nationally recognized overnight delivery service such as, but not limited to Federal Express Corporation, addressed to the party to be notified; or (iv) by facsimile. For purposes of notice, the addresses of the parties shall be as set forth below. From time to time either party may designate another address for all purposes of this Ease- ment by giving the other party no less than ten (10) days' advance notice of such change of address in accordance with the provisions hereof. Grantor: Bar/X Ranch, LLC C/O Gary Finkel Gumbiner Savett, Inc. 1723 Cloverfield Blvd Santa Monica, CA 90404 Phone: (310) 828-9798 Facsimile: (310) 829-7853 Grantee: City of Aspen Attn: City Attorney 130 S. Galena St. Aspen, Co.81611 Phone:970-920-5055 Facsimile: 970-920-5119 Copy to: Herbert S. Klein, Esq. Klein, Cote & Edwards, LLC 201 N. Mill St. #203 Aspen, Co. 81611 Phone:970-925-8700 Facsimile: 970-925-3977 20 Recordation Grantee shall record this instrument in timely fashion in the official records of each county in which the Property is situated, and may re record it at any time as may be required to preserve its rights in this Easement. 21 Controlling Law The interpretation and performance of this Easement shall be governed by the laws of the State of Colorado. 22 Liberal Construction Any general rule of construction to the contrary notwithstanding, this Easement shall be liber- ally construed in favor of the grant to effect the purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this 14 Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 1913 PUD Control Document, Development and Vested Rights Agreement: I IIIII I I I I II IIIIII IIIIII IIII I I I I I IIIIII III IIIII I I I I I III 1 10 // 0 120055 012 : 58,: Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 23 Severability If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be in- valid, as the case may be, shall not be affected thereby. 24 No Forfeiture Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any re- spect. 25 Joint Obligation The obligations imposed by this Easement upon Grantors shall be joint and several. 26 Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 27 Amendment If the circumstances arise under which an amendment to, or modification of, this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement, provided that no amendment shall be allowed that will affect the qualifications of this Easement under any applicable laws. Any amendment must be consistent with the conservation purposes of this Easement and may not affect its perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in the official records of Pitkin County, Colorado. Any amendment must be in writing, signed by both parties, and recorded in the official records of Pitkin County, Colorado. Any amendment which results in lesser restrictions on uses prohib- ited or limited hereby, shall also be approved by the City. 26 Effective Date Grantor and Grantee intend that this Easement shall take effect on the date it is recorded in the records of the Clerk and Recorder of Pitkin County, Colorado, after the signatures of Grantor and Grantee have been affixed hereto, and until this Easement has been signed and recorded, it shall not be effective. TO HAVE AND TO HOLD, this Easement unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. SIGNATURES ON NEXT PAGES Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 15 Stage Road Planned Unit Development/Subdivisiong7 515890 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII Page: 198 of 225 00 07/200512:5& 1 000 Bar/X LLC, a Colorado Limited Liability Company By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, as Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) Acknowledged before me this _day of September 2005, by Gary Finkel in his capacity as Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, and Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. Notary My commission expires: 16 Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to Ciry ofAspen 198 PUD Control Document, Development and Vested Rights Agreement: IIIIII II I IIIIII II II illll I IIIIII IIIIII III IIIPage: 8g©oiz?sa: SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 GRANTEE: City of Aspen, a Colorado municipal corporation By: Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney STATE OF COLORADO ) )SS COUNTY OF PITKIN ) The above and foregoing document was acknowledged before me this day of September 2005, by as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a Colorado municipal corporation. Witness my hand and official My commission expires: _ Notary Public Maroon Creek Canyon Conservation Easement: Bar1X Ranch LLC to City of Aspen 17 Stage Road Planned Unit DevelopmenUSubdivision 199 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII t 0 8900i2:5W EXHIBIT A Bar/X Ranch: Documentation of Present Conditions, prepared by Land Stewardship Consulting, Inc. of Boulder, Colorado, November 2003 This exhibit is available for public inspection in the records of the City of Aspen Community Development Department, City Hall, 130 S. Galena Street, 3rd Floor, Aspen, CO 81611. 18 Maroon Creek Canyon Conservation Easement: Bar/X Ranch LLC to City of Aspen 200 PLID Control Document, Development and Vested Rights Agreement: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII IIIIIIIIIIIII t ae 0 89O012?sa EXHIBIT EAS-1: Stage Road Access and Utility Easement Recording Requested By, And When Recorded Mail To: Herbert S. Klein, Esq.. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 Road Easement Agreement This document is a component of the Final Approval of the Stage Road PUD/Subdivision, 2005 Stage Road Planned Unit Development/Subdivision 201 51589© IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111 10/07 200012:58F 1131.00 D 0 This page intentionally left blank _ Road Easement Agreement 202 PUD Control Document, 11,11,111, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111111 0/0 203 /2005 89©oi2:58; SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 ROAD EASEMENT AGREEMENT THIS ROAD EASEMENT AGREEMENT, made and entered into as of the _ day of Sep- tember, 2005, is by and among: Bar\( Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611, here- inafter referred to as "Grantor' and Constance Harvey ("Harvey") and 1055 Stage, LLC, a Colorado limited liability company f/k/a Midlothian Investment, LLC ("1055 Stage") (Harvey and 1055 Stage are hereinafter sometimes jointly referenced as "Grantees") and the City of Aspen a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereinafter "City"). RECITALS WHEREAS, Grantor is the owner of that certain private road (the "Road") that was formerly a public road, now vacated by the City of Aspen, that is legally described on Exhibit A hereto (the "Road"), which Exhibit is incorporated herein by this reference; and WHEREAS, Harvey is the owner of that certain real property that abuts the Road that is described as the real property owned by Harvey legally described in that certain easement agreement recorded October 16, 2002, at Reception No. 473552 of the records of the Clerk and Recorder of Pitkin County, Colorado ("Harvey Property"); and WHEREAS, 1055 Stage is the owner of that certain real property that is served by the Road and that is legally described as Parcel A in Exhibit A of the deed recorded June 30, 2004, at Reception No. 499175 of the records of the Clerk and Recorder of Pitkin County, Colorado (the "1055 Stage Property") (the Harvey Property and the 1055 Stage Property are some- times hereinafter collectively referenced as the "Lots"); and WHEREAS, City has agreed to be responsible for certain maintenance of the Road according to the terms set forth herein; and, WHEREAS, Grantor is the Declarant under the Stage Road Planned Unit Development/Sub- division (the "PUD"), according to the Plat thereof, recorded in Plat Book _, Page _, Reception No. of the records of the Clerk and Recorder for Pitkin County, Colorado (the "Plat") and has shown on the Plat the dimensions and description of the easements granted hereby as "TYPICAL ROAD AND UTILITY SECTION (STAGE ROAD)" shown on sheet 4 of the plat, which is incorporated herein by this reference (the "Easement Section"). WHEREAS, the parties hereto desire to enter into thisAgreement in orderto memorialize their mutual agreement and understanding pertaining to the grant by Grantor to the Grantees of an easement to use the Road for a non-exclusive access easement to each of their respective Lots, and pertaining to conditions regarding the Grantees' use of such easement. Road Easement Agreement Stage Road Planned Unit Development/Subdivision 203 1III1111111111111111111111111111111III II 1III 0/0 sgOoif 226 2:58 SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid by each of the Grantees, individually, to Grantor, and in further consideration of the mutual cov- enants, conditions, obligations, and promises of the respective parties hereto, the receipt and sufficiency of said consideration being hereby acknowledged, the parties hereto agree as follows: 1 Grant of Easement Grantor hereby grants to the Grantees (and to their successors and assigns in each of their respective Lots), and to their respective guests, licensees, and/or invitees: 1A A perpetual, non-exclusive, surface easement, over and across the portion of the Road that contains the "20' Roadway" shown on the Easement Section, (the "Vehicle Easement") for the purpose of providing motorized vehicular access, ingress, and egress to and from the Lots; 1B A perpetual, non-exclusive, surface easement, along the portion of the Road that con- tains the "6' Ped Path" shown on the Easement Section (the "Pedestrian Easement") for the purpose of providing pedestrian, bicycle and non -motorized vehicular access, ingress, and egress to and from the Lots; and, 1C A perpetual, non-exclusive easement, under the surface of the ground in the portion of the Road that contains the "24' Utility Easement" shown on the Easement Section, that may be used by any public utility for purposes of constructing, operating, maintain- ing and repairing those public utilities located under, or across said easement including future facilities as deemed necessary to provide said public utilities to the Lots (the "Util- ity Easement"). Grantees shall be responsible for removing and replacing any fencing, landscaping and/or access improvements, including without limitation, the road surface and subsurface material, within the Utility Easement existing at the time of their use of the Utility Easement, wherein either Harvey or 1055 Stage initiates or causes the removal or replacement of said fencing, landscaping or access improvements in order to accommo- date public utility improvements. If any utility company, in connection with an extension of service to the Grantees or either of them, requires a direct easement from Grantor through the Utility Easement area, Grantor, for itself and its successors, agrees to cooperate in making such grant of easement to the utility company. 2 Acceptance of Easement Grantees hereby accept the Vehicle Easement, the Pedestrian Easement and the Utility Ease- ment and agree that: 2A In no event shall the Grantees, their successors and assigns and/or their guests, licensees, and/or invitees ever use any portion of the Road for any other purpose than is provided for above; and 2B Grantees hereby acknowledge and agree that the Road is a private road, and the Grantees shall in no event take any step or do any thing that may cause the Road (includ- ing, without limitation, the Vehicle Easement Areas, the Pedestrian Easement Areas and the Utility Easement Areas) to lose their status as a private road; and 4 Road Easement Agreement 204 PUD Control Document, Development and Vested Rights Agreement: 515890 IIIIIII IIIIIIIIIII IIIIIIIIIII IIIIIIIIII III IIIIII IIIIIII t Page: 205 00 07/2000012:58r 2C Except as herein provided, each Grantee will do nothing that will deprive the other Grantee's exercise of rights granted under this Agreement; and, 2D Should one or more cattle guards be placed in any portion of the Road, the Grant- ees acknowledge that, such cattle guards will not constitute interference with the Vehicle Easement, Pedestrian Easement or the Utility Easement; provided, that no such cattle guards shall be installed in a manner that damages any underground utilities installed within the Utility Easement. 3 Financial Obligations The City will be responsible for maintaining the Road prior to the road maintenance responsi- bility being shifted to the Stage Road Homeowner's Association (the "Association"). Thereaf- ter, all costs associated with the maintenance and repair, including snowplowing, of the Road, shall be paid by the owners of the Free Market Lots located in the Stage Road Planned Unit Development/PUD (the "PUD"), through the Association as provided for in the Declaration for the PUD. City shall be responsible for maintenance, repair and snow plowing of the public por- tions of Stage Road which provides access from Colorado Highway 82 to the Road. At the time an Access/Infrastructure permit is issued for the installation of the subdivision infrastructure and/or road improvements for the PUD, whichever comes first, the Association shall takeover responsibility for the maintenance, repair and snowplowing of the Road,. The standard and quality of maintenance (including maintaining the Road Oyl TM surface) shall be that normally enjoyed by the citizens of the City of Aspen for public streets bearing equivalent traffic and shall meet with the approval of the City of Aspen Street Department. The City of Aspen shall act as a liaison for the owners of the Lots to ensure that the obligations of the Association are promptly and properly performed. If the Association shall fail to perform its obligations with respect to the Road, the City shall perform those obligations and shall have a cause of action against the Association for the cost thereof, costs of collection and reasonable attorney fees. Until such time as the Grantor shall turn control of the Association over to the members/lot owners of the Free Market Lots in the PUD, the Grantor shall guarantee the Association's obligations for road maintenance. 1055 Stage and Harvey, respectively, shall be obligated, at their sole expense for any repairs or maintenance that are necessitated due to damage to the Road by either of them (or their guests, licensees, and/or invitees), which repairs or mainte- nance shall be undertaken and completed in a prompt and workmanlike manner that restores the Road and any disturbed areas to their condition prior to the damage. Any party who is responsible for the costs of work necessary for the Road or is in default of any of its obligations hereunder and does not pay said costs or financial obligations within 45 days of receipt of a bill therefore, shall be liable for default interest at the rate of fifteen (15%) percent of said costs, plus any attorney fees and costs incurred in any collection action by the party who paid said costs. 4 Run With The Land It is the intent of the parties hereto that the easements granted hereby shall run with the land, and be a benefit and burden to (and be appurtenant to) the Lots and the PUD to the extent of the grants set forth herein. This instrument shall be recorded in the records of Pitkin County, Colorado. Road Easement Agreement Stage Road Planned Unit Development/Subdivision 205 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII IIII 0 /0©0 12:58r SILVIA DAVIS PITKIN COUNTY CO R1131.00 5 Miscellaneous 5A Additional Documents All parties agree to cooperate fully and to execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 56 Governing Law The law applicable to this Agreement and its interpretation shall be that of the State of Colorado (regardless of Colorado's choice of law provisions) and any litigation arising out of or concerning this Agreement shall be commenced and maintained in Pitkin County, Colorado, and the parties hereby submit to the personal jurisdiction of Colorado in connec- tion therewith. 5C Modifications This Agreement may not be modified or amended except by an instrument in writing duly executed by each of the parties hereto. 5D Entire Agreement This Agreement (together with the Exhibits hereto) contains the entire agreement among the parties and no other representation or promise has been made, or relied upon, by the parties or their representatives or agents. 5E Counterpart Execution This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto have signed the same document. All counterparts shall be construed together and shall constitute one agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of September _, 2005. Road Easement Agreement 206 PUD Control Document, -Develop ment and Vested Rights Agreement: IIIIII II Iillll I IIIII I IIIII I IIIIII IIIPage: 890o12?ssr SILVIA OnVIS PITKIN COUNTY CO R 1131.00 D 0.00 GRANTOR: Bar/X LLC, a Colorado Limited Liability Company By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, as Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. STATE OF CALIFORNIA ) )Ss. COUNTY OF LOS ANGELES ) Acknowledged before me this _day of September 2005, by Gary Finkel in his capacity as Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, and Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. Notary My commission expires: Road Easement Agreement Stage Road Planned Unit Development/Subdivision 207 1111III IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIII III IIII 1515890 Page: 208 of 226 07//200055012.58F Grantee: 1055 Stage, LLC, a Colorado limited liability company f/k/a Midlothian Investment, LLC By: Title:Manager STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of September, 2005, by David Belford as Manager of 1055 Stage, LLC, a Colorado limited liability company f/k/a Midlothian Investment, LLC. WITNESS my hand and seal. My commission expires: Notary Public Road Easement Agreement 208 PUD Control Document, Development and Vested Rights Agreement: I IIII !��111111��11 111 I 11111 111� 111 Page:0/07s0 0012:226 58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 0 0.00 Grantee: Harvey Constance Harvey STATE OF COUNTY OF The foregoing instrument was acknowledged before me this by Constance Harvey. WITNESS my hand and seal. My commission expires: Notary Public Road Easement Agreement Stage Road Planned Unit Development/Subdivision day of September, 2005, IIIIII II IIIIII II IIIII I IIIII I IIIII I III Page:of 226 :58F SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 209 City: CITY OF ASPEN, COLORADO, a Colorado municipal corporation Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The above and foregoing document was acknowledged before me this day of September, 2005, by as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a Colorado municipal corporation. Witness my hand and seal My commission expires: _ Notary Public 10 Road Easement Agreement 210 PUD Control Document, Development and Vested Rights Agreement: IIII I Iilll IIIIII IIIIII IIII IIII II II III II IIII IIIPage: 89©012:5& SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Exhibit A: The Road Private Access and Utility Easement Exhibit Map A STRIP OF LAND SITUATED IN SECTION 2 IOWNSHP 10 SWTH. RANGE 85 WEST OF THE nth P.M. COUNT Y Of PITKIN. STATE OP COLORADO SHEET 2 Of 2 PRIVATE ACCESS AND UTILITY EASEMENT EXHIBIT MAP Rangerecanted In Plot Book - at Pages of the PWdn County Recordo said triatement being located In Section 2, Tmms* 10 south, 85 West & the Sixth Principal Morldlan am Is more, Particularly described as; folowwl Beginning at a polio on that Waster ly boundary of Sall Stage Road Planned Unk 6eveloptheraSubdivolort, from which the South 1A corner of sold Section 2 bears North 41 degroes. 03 mlru]tes. 30 seconds Wen. 2,175.34 rest (with all baarkgs oontalaM pooh being relative to a basting of N 04'41'16' E berow the W114 cornier, Section 2, a taunt 1954 BLM Cap seat the NW totner, Section 2 a found Brans Cap In Covet* LS e9184); ltwtoe N.O1 °OI WE, along sold Westerly Boundary, a t4stante of 40.06 foal; thence leaving said We"y boundary a diamma of 43.71 fast a" the are of a non4angaa curve to the let having a radius of 465,50 fear and a central W408 of 05'2748° (dwnd beam S.W?.6'37•E. 43.69 feelk thence N.88'51'59'E., a distance of 321.28 : thence a distance of 97.66 feet along Hx arc of curve to the let having a radius of 4,980.00 feet are a control of 01*Qr25` (chord bona N,88`IVII-E. 97.66 foal}; tNenca N.87`4433E., a distance of 90.90 feet: thorcer a dWanca of 42.69 fast along the arc of aava to the tfgtn havng a radk,s of 2.020M lest and a cereal angle of 01'12'39" (cord berm N,88'20'S3"E, 4Z69 fast): wren a NAB°57'12'E.. a distance of 681.14 fast Hance a finance or 127.75 W along the arc of saws to Ste tight having a to" of 3,020A0 han and a control awe of 02'2575' (chord basis S.84'50'0M, 127,74 feet); throne S.>ffi"37'23'E., a distance of 30120 feet, thence a distance of 118.20ISM along Hie arc of Curve to the 108 having a radius of 120,29 feat and a central at of W18'03" (chord bears N,63`t31M. 113.50 %N dk titers» a distance of 100,06 last along am we of a norptengent curve to the "having a m" of 78,43 feat and a control angle of 73'06' W (dwM boas S29'485M. 93,41 foot); instroar &06'4315M. a distance of 142.E lest: thence S.O3'08'15W, a distance Of 105.15 feet to a point on the boundary of Parcel 2 as shovm on to Plot of Harvey SuottlivalorwPlantrod Unit DesfsIolonsurt recorded In Plot Book 72 at at Pages W00 Of the P" County theme N.O7`2SAM. along said boundary, a did 010.67 feet: than" along said , N,01'14" 5"E., a dlatarroo of 116,63 feat; thence cootmhkg along sold boundary S,89'09`46`W., a dlsiarrca of 8.38 hoot thane leaving said boundary a distance of 28.12 fact along the are of a rorkangent cave to the lot having a makes of SOM feat and a conUal ogle of 18'08'36' (chord bears 14,20041'W"W, 21LOO feetk throe a distance of 110.40 feat along the arc of a non-tangerl curet to the right having a me hat of 160,29 feat and a central angle, of 39'2WD7' (chwd bears S.71®38'05'W, t08.2B heel): )]lance N,68'37'23"1N„ a tlstarge of 301,26loet; Manta a dIsta ar of 126.05 Host along Ora art of onto to the lot having a radus of 2,960.DD feed old a ceoW &VIo of 02'25'25' (chord berm N.89`50'O6"W. 126A4 Beet):, thence S.88'S7'12W., a distance of W.14 fast; thence a distance of 41.84 fast along the are of curve to the left having a ra this of 1,980.00 feet and a ON" angle of 01'1239' (chord beam 8.88'2D'63"W. 41.84 last)! ;hence 3.8744'33'W., a distance of W90 feet thence a distarco Of 98,45 feet along the arc of curve to the dot having a radkm of 5,020.00 feat and a central angle of 0107'26` (crom beam SAII.18 iryti. 98.441¢atk thence S,88'61'51M. a dnanco of 321.28 feat: thence a distance of 46,22 east alag the arc o(cuvo to the right having a radius of 505.50 fast and a moral atgio of 0S`O7`3r (dead Doha N.88'341151W, 45.21 toot} to ono POINT OF BEGINNING. Containing 79,696 swore foot or 1.630 some, Tssm or loss. PkWn Corry, Colorado. lava AM3 aSnd, 1Aar CARMAIDAR001,00 008188 (a70) M-0-31 racy onJzalos zw,nanMr ono Road Easement Agreement 1 Stage Road Planned Unit Development/Subdivision 211 1111 1��1111 III 111 I 11111 11�11 I II515 Page: 0/0789©012?526 8F SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Private A sOwrA.[s and UtilityEasement Exhibit Ma A STRtAOr LAND SITUATED IN SECTION 2 TIP YO SOt11N. RANGE WEST UFTRE IXb P.Ad, CKOAYI`r CR FRIW, STAIE tN (G<Y..ORAL%1 SHEET 1 OF 2 a. a ' ®�Pa'i®� ®® `�'.3 � NOR C tot CEb .1 BoWo u'YE;SJ i'GFYc Fe�Y� - 0 a�,y t66 7 N L- 6N NO =i r� ies mY� sAe•ST-vc GRSAPH_ICa SbAG....L, LttEE4Eeqt 1+IW.0I:5kbaaS " Ns5Nc8bba3Yv.'"taAAsfrSww T sw lETI 0i2LNA3Yw IN FEE, 1 lY w Ewsrg 50 WE It I \ 7F 90.9N 9wmWw \\ +Eta ar;w aAr4rww rnv. comsaarAtrss bb8 CNOA si]tlCer. SUfi'E A9 �.a ANRfINWW, CWARADU tll8fE5 xxy#b M!<]JM 1kf3lpie+_PtlG 12 - Road Easement Agreement 212 Pubcontrol Document, Development and Vested Rights Agreement: 515890 I IIIIII IIIIIIIIIIIIIIIII IIIIIIIII IIIIIIIII IIIIIIIII IIIIPage: 213 of 226 0000 07/202:58F I Recording Requested By, And When Recorded Mail To: Herbert S. Klein, Esq.. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 Road Easement Agreement (Bar/X Ranch LLC & City of Aspen for the benefit of Constance Harvey) This document is a component of the Final Approval of the Stage Road PUD/Subdivision, 2005 Stage Road Planned Unit Development/Subdivision 213 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII II IIII 1 00 07//2200012:58F This page intentionally left blank Road Easement Agreement: 214 PUD Control Document, Development and Vested Rights Agreement: 515890 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII /0702:58C 1131.00 0 000 ROAD EASEMENT AGREEMENT THIS ROAD EASEMENT AGREEMENT, made and entered into as of the _ day of Septem- ber, 2005, is by and among: Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611, hereinafter referred to as "Grantor' and the City of Aspen a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereinafter "City"), for the benefit of Constance Harvey ("Harvey" or "Grantee"). RECITALS WHEREAS, Grantor is the owner of that certain private road (the "Road") that is legally de- scribed on Exhibit A hereto (the 'Road"), which Exhibit is incorporated herein by this refer- ence; and WHEREAS, Harvey is the owner of that certain real property that abuts the Road that is described as the real property owned by Harvey legally described in that certain easement agreement recorded October 16, 2002, at Reception No. 473552 of the records of the Clerk and Recorder of Pitkin County, Colorado ("Harvey Property"); and WHEREAS, City has agreed to be responsible for certain maintenance of the Road according to the terms set forth herein; and, WHEREAS, Grantor is the Declarant under the Stage Road Planned Unit DevelopmenUSub- division (the "PUD"), according to the Plat thereof, recorded in Plat Book _, Page _, Reception No. ,of the records of the Clerk and Recorderfor Pitkin County, Colo- rado (the "Plat') and has shown on the Plat the dimensions and description of the easements granted hereby as 'TYPICAL ROAD AND UTILITY SECTION (STAGE ROAD)" shown on sheet 4 of the plat, which is incorporated herein by this reference (the "Easement Section"). WHEREAS, the parties hereto desire to enter into thisAgreement in order to memorialize their mutual agreement and understanding pertaining to the grant by Grantor to the Grantees of an easement to use the Road for a non-exclusive access easement to each of their respec- tive Harvey Property, and pertaining to conditions regarding the Grantees' use of such ease- ment. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid by each of the Grantees, individually, to Grantor, and in further consideration of the mutual covenants, conditions, obligations, and promises of the respective parties hereto, the receipt and suf- ficiency of said consideration being hereby acknowledged, the parties hereto agree as fol- lows: Bar/X Ranch LLC & City of Aspen for the benefit of Constance Harvey 3 Stage Road Planned Unit Development/Subdivision 215 515890 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllll t 00 10/07/2005 00 2:58; SIL I Grant of Easement Grantor hereby grants to the Grantee (and to her successors and assigns in the Harvey Prop- erty), and to her respective guests, licensees, and/or invitees: 1A A perpetual, non-exclusive, surface easement, over and across the portion of the Road that contains the "20' Roadway" shown on the Easement Section, (the "Vehicle Easement") for the purpose of providing motorized vehicular access, ingress, and egress to and from the Harvey Property; 1 B A perpetual, non-exclusive easement, under the surface of the ground in the portion of the Road that contains the "24' Utility Easement" shown on the Easement Section, that may be used by any public utility for purposes of constructing, operating, maintaining and repairing those public utilities located under, or across said easement including future facilities as deemed necessary to provide said public utilities to the Harvey Property (the "Utility Easement"). If Grantee exercises the rights granted herein to use said Utility Ease- ment, Grantee shall be responsible for removing and replacing any fencing, landscaping and/or access improvements, including without limitation, the road surface and subsurface material, within the Utility Easement existing at the time of her use of the Utility Easement, wherein Grantee initiates or causes the removal or replacement of said fencing, landscap- ing or access improvements in order to accommodate public utility improvements. If any utility company, in connection with an extension of service to the Grantee, requires a direct easement from Grantor through the Utility Easement area, Grantor, for itself and its suc- cessors, agrees to cooperate in making such grant of easement to the utility company. 1C Grantor reserves the right to install one or more cattle guards in any portion of the Road and such cattle guards will not constitute interference with the Vehicle Easement, or the Utility Easement; provided, that no such cattle guards shall be installed in a manner that damages any underground utilities installed within the Utility Easement. 2 Financial Obligations The City will be responsible for maintaining the Road prior to the road maintenance responsi- bility being shifted to the Stage Road Homeowner's Association (the "Association'). There- after, all costs associated with the maintenance and repair, including snowplowing, of the Road, shall be paid by the owners of the Free Market Lots located in the Stage Road Planned Unit Development/PUD (the "PUD"), through the Association as provided for in the Declara- tion for the PUD. City shall be responsible for maintenance, repair and snow plowing of the public portions of Stage Road which provides access from Colorado Highway 82 to the Road. At the time an Access/Infrastructure permit is issued for the installation of the subdivision infrastructure and/or road improvements for the PUD, whichever comes first, the Association shall takeover responsibility for the maintenance, repair and snowplowing of the Road,. The standard and quality of maintenance (including maintaining the Road Oyl TM surface) shall be that normally enjoyed by the citizens of the City of Aspen for public streets bearing equivalent traffic and shall meet with the approval of the City of Aspen Street Department. The City of As- pen shall act as a liaison for the owners of the Harvey Property to ensure that the obligations of the Association are promptly and properly performed. If the Association shall fail to perform its obligations with respect to the Road, the City shall perform those obligations and shall have a cause of action against the Association for the cost thereof, costs of collection and reason - Road Easement Agreement: 216 PUD Control Document, Development and Vested Rights Agreement: 111111111111111111111111111111111111111111111111111 890o12�58r SILVIP DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 able attorney fees. Until such time as the Grantor shall turn control of the Association over to the members/lot owners of the Free Market Lots in the PUD, the Grantor shall guarantee the Association's obligations for road maintenance. 3 Run With The Land It is the intent of the parties hereto that the easements granted hereby shall run with the land, and be a benefit and burden to (and be appurtenant to) the Harvey Property and the PUD to the extent of the grants set forth herein. This instrument shall be recorded in the records of Pitkin County, Colorado. 4 Miscellaneous 4A Additional Documents All parties agree to cooperate fully and to execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and ef- fect to the basic terms and intent of this Agreement. 4B Governing Law The law applicable to this Agreement and its interpretation shall be that of the State of Colora- do (regardless of Colorado's choice of law provisions) and any litigation arising out of or con- cerning this Agreement shall be commenced and maintained in Pitkin County, Colorado, and the parties hereby submit to the personal jurisdiction of Colorado in connection therewith. 4C Modifications This Agreement may not be modified or amended except by an instrument in writing duly ex- ecuted by each of the parties hereto. 4D Entire Agreement This Agreement (together with the Exhibits hereto) contains the entire agreement among the parties and no other representation or promise has been made, or relied upon, by the parties or their representatives or agents. 4E Counterpart Execution This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto have signed the same document. All counterparts shall be construed together and shall constitute one agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of September 2005. Bar/X Ranch LLC & City of Aspen for the benefit of Constance Harvey Stage Road Planned Unit Development/Subdivision 217 IIIIII11111111111111111111111111111111111111111151589 Page: 218 0/0 //2000©o12?S26 ar SILVIR DAVIS PITKIN COUNTY 00 R 1131.00 D 0.00 GRANTOR: Bar/X LLC, a Colorado Limited Liability Company By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, as Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. STATE OF CALIFORNIA ) )ss. COUNTY OF LOSANGELES ) Acknowledged before me this _day of September 2005, by Gary Finkel in his capacity as Trustee of the Survivors Trust Under the Zoline Family 1982 Trust, and Managing Member of Bar/X Ranch LLC, a Colorado limited liability company. Notary My commission expires: Road - 218 PUD Control Document, Development and Vested Rights Agreement: iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1131.00 Page:e 89m0i2?ssr GRANTEE: City: CITY OF ASPEN, COLORADO, a Colorado municipal corporation Mayor ATTEST: S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney STATE OF COLORADO ) )Ss COUNTY OF PITKIN ) The above and foregoing document was acknowledged before me this day of September, 2005, by as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a Colorado municipal corporation. Witness my hand and seal My commission expires: _ Notary Public ti Ranch LLC & City ofAspen forthe benefit of Constance Harvey Stage Road Planned Unit Development/Subdivision 219 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIIIII II IIII 1 00 07890 012:58F Exhibit A: The Road Private Access and Utility Easement Exhibit Ma A STRIP OF LAND SITUATED IN SECTION 2 TOWNSAF 10 SOUTH, RANGE 85 WEST OF THE Ith PJd COUNTY OV PITKIN STATE Of COLORADO SHEET 2Of.2 PRNATE ACCESS AND UTILITY EASEMENT EXHIBIT MAP Pagesrecorded in Plot Book - art r_ of:he PItWo County, Records' $W eeWf*N being located In Section 2, Township To south, Range 85 West Of drafte Shat Principal Meridian and 6 more Particularly described a Bagbnotg at a point on to Wealarly boundary of sold Stage Road Planned Unit DaveloporwwSubdIASIOn, from which the Swth 19 carnal of sold Secton 2 teams Net at degreas. 03 nlraAw 30 seconds West 2.175,34 feet (vAet 81 hearings contained herein being relative to a bearing of N 04*41*1S" E betvreeo the W114 caner, Secdan 2, a found 1954 Kid Cap and the NW roarer, Section 2 a fined Brass Cap In concrete LS 09184):OWN* N,01 TV58"E, aPN said Westerly BoLoydary, a distance of 40.06 feel, thence, living sold Westerly boundary a Of 43,71 vier awe the arc of a nwalangent aim to the left having a radius of 465.50 feel and a control angle of 05*2Y49` (c old Peace S.88"2637'E. 43.69 NetK thence N.88'61'59'E., a distance of 321.28 feet thence a datareo of 97.88 slang to arc of cum to the left having a radius of 4,960.00 Neff and a central Of 0117 Y (d wd boars N,Bo- 18'f 7"E, 97,66 real): thaao N,87'4433'E., a distance of 98.90 fart; therlxt a d1leance of 42.69 bat shag the we at curve to the dot having a radius of 2.020,00 feet and a cwh+.ral angle of DI'12'39" (chord beets W118'20'S31. 42.69 feet): thence, NM5712"E.. a distance of 681.14 foot. thence a stance of 127.75 feel along the are of nave to the right having a redlta of 3M.00 feel and 8 Most 901116 of 02`2525' (dwrd bear8 & ,127,74 lealt thence Sb8`3723'E_ a distance of 30120 tell; thence a distance of 118.20 feel along the arc of curve to the lea having a radius or 120.29 feet and a coastal angle of WInG" (dlrord boars N.63'1330'E.113,50 Naty,1honm a dWwco of 100.06 feel along the arc of a norAer4wq cave to the right having a r**A of 18,43 Nat and a central angia of 73'05'48` (dwrd beam S.29'4859"E. 93A1 (w): Lance S.D6W4Y551W., a dd®res of 142.68 feet thence, S,03'C6'15W,. a dlssenc l of 105.15 tat 10 a pdnt on the bbwde+y of Parcel 2 Do stwwn on the lintel Of Harvey SubdlvsIoN lannod Unit Development recorded In PINE Book 72 at at Pages 9&100 of the Moan County Records, thence N,07"28'46W, along sob boundary, a dlstar" of 69.67 foot: tvence ronthuhng along said boundary N.01'14'15'£. a distance of I t6.63 (eat: theme continuing along $916 boundary S,ti9'094VW,. a dgsNnct Of 8.38 'tat tent wevi g solo boundary, a d1swa s of 28.12 fald slag the are of a nofkangaffi cave to the M haft a retie of 88A fat and a consad angle of 1S`08'36' (chord bears N.20'4110'W. 28.00 Nett', ttaace a dunce of 110.46 fain along to arc of a ecoutanglant curve to the right having a radus of 100.29 feel and a central angle of 39'29D7' (chord team S,71`M%'W, 108,2D Net): thence NAr3723'W„ a distance of 301.20 Nat: Canoe a dlstalea of 126.05 Net along Mr are of curve is to NR having a tales of 2,98D OO flat and a central angle of 02°2$'25' (chord boas N.89W51P06"W, 126.04 vier); thence SJ38`5712W„ a datance, of 681.14 bat t erto a distance of41 A4 feel along the arc of curve to the left twArg a radius of 1.980.00 Net ad a Pentad woe of 0111239' (ohmd bears S.SM'63"W, 41.84 bate thence S,S7'4433'W.. a distance of 98.90 IW Itandr a distance at "A5 door *q the arc of carve to the right having a radius of 5.02000 feel ao1 A control angle of Dt"07'25" (dw al boas S.88'1816W, 98.44 !rot); thence S.88'SI'S9"W„ a distance of 321.28 vial; thence a distsihoo of 45.22 (let along the are of curve to the fight having a radius of 505.50 feet and a cannot angle Of 05'0732" (cad bps N.88"34'15"W. 45.21 feet) to the POINT OF BEGINNING, Cdntolning 79,699 square bet or 1.630 arras, nme Of tars, phldn Cowry, Colorado, 3QER[S F Ji(rCNEERiNG - LLC Cava, CORSULTANT9 We NALM STRIOIf. SUITE AS tin, 04-03tt 97a&5 700/25/05 23a3apa.ga0 (B7OJ 04-09ti Road Easement Agreement: 220 PUD Control Document, Development and Vested Rights Agreement: IIIIII II IIIIII II IIIII II IIIIIIIIIIIIIIII IIII 0/0 8g©a 12:58i SILVIA DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 Private Access and Utffi Easement Exhibit A STRIP CIF b SITUATE ON SECTK] 2 TQ Mr 10a H,F-WOE"WEST6 THE am P.M. CC 1 Y C PIIKIN. STAI OF CMORATIC `SHEET I Cr 2 IM ®®®Oman®PHZIM. v ®�1'®�" ®�L'J�mFe 1 1 I I t 1 , J ME / J S,tA GN�er 3Mt+Pn LVATAtlEF .+ LIIZ iii$S HM'1114'E tE� 6a.80 #a rE EE641411.1� OW #aE'alI M LE6 y113a Saa'JlYYz GRAPHIC SCAt., , I.cz taa.+S s(MWirw Ya M Ww ww nabs #w•+r+8•C LE++aa+.1a Nwsprw 1K rKI 3 +z en+.+r alir" aw aO0 �rL�"ia�w r+ Anm� E+a az+.2a 8w513rw M loll SM".'PA 1`1 ORAMSONlldbk, bMKM MOOS 2"M 00/23^ M33p 1a (aM) iM-Gall Bar/ Ranch LLC 9 City of Aspen for the benefit of Constance Harvey 9 Stage Road Planned Unit Development/Subdivision 221 III II IIIIII II IIII I IIIII IIIII I III Page:0/07/29of 226 SILVIR DAVIS PITKIN COUNTY CO R 1131.00 D 0.00 This page intentionally left blank Road Easement Agreement: 222 PUD Control Document, Development and Vested Rights Agreement: IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIII IIIII IIII 07//220 55of 226 012:58; 1 EXHIBIT RSU-1: Revised Shared Utilities Plan Exhibit RSU-1I Sheet A 0 Qm _ m E ms s =m a8o • -�Emi cO-a®p0 -«mo uUm s8�.C3 'o o LL � • 2 Q U t . m • m EO _ m �' O) o PI � m c a m m `m wa Q � N W /I m qY a N d OS m L Pd No 2 c Z a _ d a {gii3 m 0 L U) wt23333 0; m $I -e m WW Stage Road Planned Unit Develop menUSUbdivision 223 515890 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII Page: 2 07/2000 258F 100 0 Exhibit RSU-1, Sheet B m �w PUD Control Document, Development and Vested Rights Agreement: 1111111111111111111111111111111111111111111Ill 11111111� Page:e00 /200512:58P Exhibit RSU-1, Sheet C Z IL 0 0. CL m J m W a T W � O EL m U Q N a r- m U W L ¢ W w _— 225 Stage Road Planned Unit DevelopmeWSubdivision 51589© IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 2 00 07/ 00001258f SILVIR DAVIS PITKIN COUNTY CO R Exhibit 12 513680 Page: 2 of 19 08/19/2005 08:429 SILVIP DAVIS PITKIN COUNTY CO R 96.00 D 0.00 WHEREAS, the application submitted for the Stage Road PUD/Subdivision proposes development of 18 lots with various zoning and development allowance as follows: • twelve (12) free market units, • twelve (12) accessory dwelling units associated with the 12 free market, • one (1) Resident Occupied (RO) Ranch Manager's dwelling unit, • one (1) free market cabin lot, • one (1) fisherperson's tract, • one (1) ranch residences lot along with approval to increase the size of the four (4) existing structures, • creation of a twenty-one and one half (21.5) acre lot for affordable housing, • creation of a two (2) acre lot for future cultural uses to be zoned Public (PUB) and Specially Planned Area (SPA), • areas of land to be zoned Conservation (C) and Affordable Housing/PUD (AH/PUD) and Specially Planned Areas (SPA), and • the development of private roads, utilities, and related improvements. WHEREAS, the COWOP process pursuant to provisions within Section 26.500, Development reasonably necessary for the convenience and welfare of the public will continue to apply to the subject property and further amendments or entitlements to the Project that warrant land use action by the City of Aspen will be handled as noted in Section 22 of this ordinance; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire District, Streets Department, the Aspen/Pitkin County Housing Authority, Environmental Health Department, Parks and Recreation Department, and the Water Department; and, WHEREAS, the Community Development Department along with said referral agencies reviewed the components of the final land use application of the Project and recommended approval with conditions; and, WHEREAS, pursuant to Land Use Code Section 26.310, Amendment to the Official Zone District Map, Section 26.445, Final Planned Unit Development, Section 26.470, Growth Management Quota System Exemptions, and Section 26.480, Subdivision, and the related sections associated with the land use actions for this application, City Council may grant approval of the development request after considering a recommendation from the Community Development Director, the COWOP Task Force Team, and after considering public comment at a duly noticed public hearing; and, WHEREAS, the Applicant and City have previously entered into a Pre -annexation Agreement, executed on May 21, 2001 for the Applicant's property known as the Bar/X Ranch; and a First Amendment to Pre -Annexation Agreement dated December 17, 2001; a Second Amendment to Pre -Annexation Agreement executed by the City on February 19, 2003; a Restated and Amended Pre -Annexation Agreement, dated January 16, 2004; and a Fourth Amended and Restated Pre -Annexation Agreement, dated December 6, 2004, (collectively, the "Prior Agreements"); and, Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 2 IIIIIIIQIIIIIIIIIIIIIIIIDAVIS NIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIICOUNTY CO R 96. O Page: 3 of 19 8/9//200005008:42F SILVI WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the COWOP Task Force Team, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Stage Road Subdivsion/PUD as generally described below and more specifically described in further sections of this ordinance. • twelve (12) free market residential lots, • twelve (12) accessory dwelling units associated with the 12 free market lots, • one (1) Resident Occupied (RO) Ranch Manager's residential lot, • one (1) free market cabin lot F-2, • a fisherperson's tract • approval to increase the size of the four (4) existing structures, on lot F-1 • a twenty-five and one half (21.5) acre lot for affordable housing, • a two (2) acre lot for future cultural uses to be zoned Public (PUB), • rezoning of land areas to Conservation (C), Affordable Housing/PUD (AH/PUD) and Specially Planned Areas (SPA), and • the development of private roads, utilities, and related improvements. Section 1: Subdivision Plat & Final PUD Plans. Within 180 days after final approval by City Council and prior to applying for a Building Permit on any of the structures within the subdivision, the Applicant shall record a Subdivision Plat and a Final PUD Development Plan. The Subdivision/PUD Plat shall comply with the following requirements relating to plat form and content of the City Community Development Engineer and shall include: 1. The final property boundaries, disposition of lands, and utility and surface easements. 2. Reference to the access easement and any trail easements from adjoining property owners. 3. The areas reserved for future underground general utility easements to be granted to the City for the placement of the utilities. Once the exact locations of utilities are known, easements shall be granted to the dimensions/limitations as follows: Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 III II II IIIIII II III IIII II III III 89 g6of 19 SD 08:42F SILVIA DAVIS PITKIN COUNTY CO R 96.00 D 0.00 • -twenty five -feet (25) in width (12.5 feet on either side of the centerline of the utility), y • -thirty feet (30) in width (15 feet on either side of the centerline of the utility) if a water line crosses slopes in excess of 15% or if the depth of bury is more than 10 feet deep, • -areas reserved on the final plat for these easements which are larger than these widths shall be vacated, • -the easement for utilities necessary to serve the free market and affordable housing development shall be shown on the final plat and shall extend through Lot 1 southerly to the Highway 82 right of way; and in the northerly direction, (along Stage Road and to the west of the building envelopes of Lots 10-12) to the north side of Lot 12 all the way to the boundary of the "20 acre parcel", and • -any residential landscaping materials installed within the utility easements are subject to removal and/or damage caused by necessary repair or replacement of utilities by utility providers. Restoration is at the landowner's expense. 4. The location of utility pedestals with access easements for the utility provider. 5. The Applicant shall provide the final approved subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for building permits on any of the lots within the subdivision. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include the following information as it relates to the plan approved through this ordinance: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with irrigation plan. 3. A utility plan meeting the technical standards of the city engineer and city utility agencies. 4. A grading/drainage plan for infrastructure for the development, but not for residences on the individual lots, including an erosion control plan, prepared by a Colorado licensed civil engineer, which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. Off -site improvement shall be done in coordination with the City Engineer. 5. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan. In addition the right to construct 40,000 sq. ft. of non-residential agricultural buildings on Lot F 1 is approved and on the final plan a note to this effect shall be included. Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 11111 it 1111111111111111 0513 Pae:89 g68o 19 08 42P SILVIR DAVIS PITKIN COUNTY CO R 96.00 D 0.00 Ammary of lots and allowable square footages of construction Lots Lot Area Residential Units FAR S .Ft. Lot Name S .Ft. Acres Free Market i ADU #1 RO Free ;with Market one withtwo! TDR TDRs ADU #1 RO 20 Acre Parcel 940,367. 21.588 to be determined by City of Aspen to be determined by City of Aspen Fathering Parcel F1 1,526,783 35.050 4 4 #2 ! 15,000 16,500 18,000 4,000 Fathering Parcel F2 729,208i 16.740 1 1,500 Lot 1 107,6933 2.472 1 1 7,500 10,000 1,000 Lot 93,494 2.146 1 1 7,500 10,000 1,000 Lot 258,761; 5.940 1 1 7,500 10,000i 1,000 Lot 413,495 9.493 1 1 7,500 ! 10,000 1 1,000 Lots 420,050 9.643 1 1 7,500 10,000 1,000 Lot 666,8971 15.310 1 1 7,500 10,000 1,000 Lot? 155,641! 3.573 1 1 7,500 10,000 1,000 Lot 141,810 3.256 1 1 7,500 10,000 1,000 Lot 170,863', 3.922 1 1 7,500 10,000 1,000 A 10 213,087' 4.892 1 1 7,500 10,000 1,000 ' Lot 11 240,4991 5.521 1 1 7,500 10,000 1,000 Lot 12 183,4621 4.212 1 1 7,500 10,000 1,000 Ranch Manager's Lot RM 7,774 0.178 1 3,400 #3 Cultural Use Area: Lot C 87,15& 2.001 to be determined in future PUD to be determined in future PUD Fisherpersons Tract 2,928E E 0.067 Total 6,359,971 146.005 17 Average overall units per acre density: 0.15 minimum: acres per unit 6.80 minimum (Calculation does not include 20 Acre Parcel, Cultural Tract.) Notes 12 0.25units per acre maximum 4.08acres per unit maximum Use Area or Fisherpersons #1 Maximum number possible. ADUs may be between 600 and 1,000 sq.ft. #2 One ADU for each residential unit redeveloped over 4,000 sq.ft. " 3 Maximum 3,000 sci t. of residential space plus maximum 400 sq.ft. of office dace. Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 IIIiIII II II IIIIIIiII IIII II II III III6�0 19 8 Page: g08:429 SILVIA DAVIS PITKIN COUNTY CO R 96.00 D 0.00 Dimensional Requirements Minimum Off -Street Parking Spaces Two (2) parking spaces for each single-family residence and ones ace for each ADU. Setbacks for Ranch Manager Lot 15 feet on south, east, west sides, 5 feet on north. Height for Ranch Manager Lot 25 feet, measured to the highest point of the structure Minimum Front Yard Setback Per Approved Building Envelopes on final plat Minimum Side Yard Setback Per Approved Building Envelopes on final plat Minimum Rear Yard Per Approved Building Envelopes on final plat Maximum Height. 30 feet. measured from existing grade to the highest point of the structure Section 2: Subdivision/PUD Agreement. Within 180 days after final approval by City Council and prior to applying for Building Permit on any of the structures within the Subdivision, the Applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the items detailed in Section 26.445.070 and Section 26.480.070, in addition to the following: 1. The ownership and maintenance responsibilities of the common areas of the project. 2. A phasing plan, if applicable, for the construction of roads and infrastructure serving the development. 3. A statement binding the applicant and homeowners association to take over maintenance responsibilities associated with Stage Road at the time an Access/Infrastructure permit is issued for the installation of the subdivision infrastructure and/or road improvements, whichever comes first. 4. A statement binding the applicant and homeowners association to enforce the "no dog" provisions of the homeowner's covenants and restrictions. Section 3: Building Permit/Access Infrastructure Permit Requirements. The building permit applications shall include/depict items 1-10 as. follows: 1. A signed copy of the final ordinance. 2. The conditions of approval shall be printed on the cover page of each building permit set applied for within the development. 3. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of any removed trees. Tree removal permit applications shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. 4. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 513:g I III III III II I IIII I II II III II II 19 08g680 03:429 SILVIP DAVIS PITKIN COUNTY CO R 96.00 D 0.00 5. A fire sprinkler system plan showing that all residences are sprinklered with a system that meets with the requirements of the Fire Marshal. r 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as -needed cleaning of adjacent rights -of -way, speed limits within and accessing the construction sites within the subdivision, and the ability to request additional measures to prevent a nuisance during construction. 7. A construction site management and parking plan meeting the specifications of the City Building Department. 8. Prior to issuance of building permit for each of the residences within the subdivision: The primary contractor on each lot shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 9. Plans that show how the development of individual Lots 7 through 11 are in conformance with the View Lines as shown on Sheet 6 of the PUD plans. 10. An Access/Infrastructure Permit is required for road, utility and infrastructure improvements. Prior to the issuance of an Access/Infrastructure Permit by the Community Development Engineer, the applicant shall submit the required information as shown on the permit application checklist form supplied by Community Development Department and a Construction Management Plan (CMP) acceptable to the Community Development Engineer. No building permit will be issued by the City of Aspen for a certain lot until the roads and infrastructure serving the subject lot are completed. Section 4: Rezoning to Affordable Housin&Planned Unit Development (AH/PUD Public (PUB), Specially Planned Area (SPA) and Conservation (C) The Official Zone District Map of the City of Aspen shall be, upon the recording of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect the zone districts and areas as shown in the application as Stage Road Subdivision Zoning Map, revision date 9/7/04 and 1/24/05 (attached as Exhibit A), to be specifically shown and described on the final PUD plans. The future site -specific development plan for the Cultural Use Area — Lot C, including uses and any restrictions or conditions concerning them, shall be determined and established in a subsequent PUD and SPA review. Section 5: Development Approved. 1. Approved Lots. The development approves a total of eighteen (18) total lots. There are 14 free market lots that include 12 separate lots for single family/ADU development; the Fathering Parcel "Lot F 1" with 4 existing residential units; and the other piece of Fathering Parcel "Lot 172" for one cabin near Maroon Creek. The additional four (4) lots are a Ranch Manager's RO lot for 1 residential unit, a 2 acre cultural use lot, a fisherperson tract and a 21.5 acre parcel for affordable housing development. This affordable housing parcel shall be conveyed by warranty deed by the Applicant to the City of Aspen promptly after the later of (1) the recording of a subdivision plat; or (2) expiration of the Appeal Period defined in Paragraph 20 of the Fourth Amended Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 7 and Restated Pre -Annexation Agreement, dated December 6, 2004. Such conveyance shall be designated for the affordable housing component of this 70/30% AH/PUD development project and will be developed by the City of Aspen. The fisherperson tract shall also be conveyed to the City of Aspen. 2. Free Market Lots - FAR. The allowable floor area of houses, exclusive of accessory buildings, on each of the 12 free market lots (Lots 1-12) shall be 7,500 square feet. The allowable floor area of each house may be increased to 10,000 square feet with the purchase and extinguishment of one Transferable Development Right ("TDR") as such TDR's are established under the Pitkin County Land Use Code, from sending sites located within the upper portion of the Roaring Fork Valley (lands that drain through the Roaring Fork River at Gerbazdale) and said TDR shall allow for 2,500 square feet of additional allowable floor area. Such TDR shall be administered by the Community Development Director to ensure compliance with this section. The floor area shall be measured by using the City floor area regulations for square footage inclusions and exclusions as calculated under the City code provisions in existence on June 1, 2000. Instead of providing a TDR for additional floor area, the owner of the lot seeking additional floor area shall have the right to make a payment in the amount of.$240,000.00 plus an annualized increase in said amount of 3% computed thereon beginning on the first anniversary of the date of recording the Plat. If such fee in lieu is selected by said owner, it shall be made to the City's Housing or Open Space Fund. The choice of which fund is at the sole discretion of the City Council. The 12 Free Market Lots shall be zoned AH/PUD. N 3. Free Market Lots —Building Envelopes Landscaping etc Building envelopes for the m w free market lots shall be those shown on the Composite Plan sheet of the Final PUD Plans. N Insubstantial amendments to the building envelopes will be reviewed and approved pop ° m m administratively by the Community Development Department. Those not qualified for of N CV) administrative handling shall be evaluated pursuant to the City of Aspen Land Use Code I a m standards and reviewed by the City Council. Landscaping associated with houses shall be m limited to within 100 feet of building exteriors. Landscaping, ponds, fences, and ranch, m farming, equestrian and recreational uses and accessory structures associated with equestrian activities shall be allowed outside of building envelopes on all lots. The remainder of the land within specific lots, but outside of building envelopes shall be subject to protective covenants that limit its use to agricultural, equestrian, recreation, or open space uses or otherwise incorporated into ranch use. All lands that are subject to the protective covenants shall be limited to the above uses or shall be required to remain in their natural vegetative state. The term "natural vegetative state" may include the introduction of indigenous plant and tree species as approved by the Community Development Department. Y H N 4. Accessory Dwelling Units. Each of the Free Market residences approved herein shall include an Accessory Dwelling Unit (ADU) with a minimum of 600 square feet and a maximum of 1,000 square feet. Each ADU required to be constructed shall be constructed at the same time as the construction of the Free Market residence to which it is attributable. The ADU's shall be subject to the occupancy requirements and allowances of the City's ADU regulations in effect on June 1, 2000. The square footage of the ADU's shall not be included in the calculation of square footage for the free market units. The ADU's may be either Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 8 attached to the main residence or may be detached. The requirement to build an ADU maybe exempted with the purchase and extinguishment of a Transferable Development Right (TDR) from Pitkin County or by a payment in -lieu thereof in the same manner as for additional floor area for free market units as set forth in Subsection 2 above. (Each purchase and extinguishment of a TDR shall be designated for use as either an exemption of the requirement to build an ADU or to increase FAR.) No ADU is required for the cabin, but the residences on the Fathering Parcel shall have one for each residence if the residence is developed to over 4,000 sq. ft. or exempted by the purchase of a TDR or by a cash in lieu payment as set forth in Subsection 2 above. 5. The Fathering Parcel. The Fathering Parcel generally refers to Lots F1 and F2. Lot F 1 shown on the Composite Plan sheet in the application is currently developed with four (4) residential units and agricultural buildings. Through this ordinance, Lot F is approved to be subdivided into separate parcels: • One lot (Fl) for general residential Ranch Complex uses that can be redeveloped with a total maximum number of four (4) residential units and the floor area expansions as provided for in this ordinance and the allowance of floor area of up to 40,000 square feet for non-residential agricultural buildings. • one lot (F2) for the Cabin Site that can be developed with one cabin and includes conservation land. (The cabin is addressed in Subsection 6, below.), • one lot (RM) for the Ranch Manager's RO residence, and • one lot (C) for the Cultural Use Area. � N S m No further subdivision is allowed of these parcels except for the possible internal subdivision w m of land within the Lot C, Cultural Use Area, with proper amendments approved, and for the m N G possible condominiumization of the residences located on Lot Fl. (r7 v rn r The allowable floor area for the four (4) residences on the Fathering Parcel shall be a total of lil 12 m m 15,000 square feet shared among the residences. The floor area of 15,000 square feet maybe m increased to a total of 18,000 square feet with the purchase and extinguishment of TDR's from Pitkin County. Only two (2) TDRs may be used each allowing 1500 square feet of additional allowable floor area, or at the option of the lot owner, a payment -in -lieu for each TDR (as provided for in Subsection 2 above) in order to increase the allowable sizes of the g houses up to the maximum stated herein. The total FAR may be divided among the four (4) houses at the option of the owner of Lot Fl . Floor areas shall be measured by using the City 'g floor area regulations for square footage inclusions and exclusions as of June 1, 2000. Y Agricultural (non-residential) ranch buildings that exist on property are allowed to increase and/or be replaced to a maximum square footage of 40,000 sq. ft. in the aggregate. Such agricultural buildings are approved and allowed to expand or be replaced to this limit by obtaining a building permit. These buildings shall be measured and used for Agricultural Uses, defined as follows: Agricultural Uses: The use of land and buildings for the production of crops, animals, animal products, and the keeping of livestock including riding stables, arenas, orchards, nurseries, flower production, dairy Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 9 operations, fisheries, animal husbandry services, or similar uses. Agricultural uses shall not receive the general public or support a membership or academic club. Conservation (C) zoning is applied to this parcel with a Specially Planned Area overlay to allow for the continued residential use and expansion in this zone district. SPA Plan approval for Lot F1 is specifically granted hereby for the development allowed and described in the preceding paragraphs. The City acknowledges and agrees that the rights granted hereby for development on the Fathering Parcel are exempt from the City's GMQS due to the extent of the lawful pre- existing development and residential uses on the Bar/X Ranch, which has "grandfathered" legal status under current Pitkin County Zoning and pursuant to the provisions of the AH/PUD Zone. Notwithstanding the above, if any existing residential unit on the Fathering Parcel is replaced with a new unit that exceeds 4,000 square feet in area, then, as described in Subsection 4 above, an ADU shall be either constructed or be exempted by the purchase and extinguishment of a TDR from Pitkin County or by the cash in lieu payment as provided in Subsection 2 above, in the same manner as for other free market units. 6. The Cabin. The Cabin proposed for the Cabin Site of Lot F2 shall have a maximum allowable floor area of 1,500 square feet. The floor area shall be measured by using the City floor area regulations for square footage inclusions and exclusions as of June 1, 2000. The right to build a cabin shall be subject to Applicant being able to satisfy reasonable a requirements for the provision of fire and emergency services; provided, however that due to 0 9 the desire to avoid direct, year round, road access to the cabin, alternative access such as via © o 0 m a stairway or funicular will be permitted and in such case the cabin shall be sprinklered, a fire QD m 0 m hydrant, hoses and other non -vehicular fire fighting equipment shall be placed at or near the 10 cf v mcabin and the Applicant shall execute a waiver and release of claims in favor of the City and LD a m all emergency service providers for any injuries, death, or property damage which may occur m due to the absence of a year round road to the cabin. �o m 7. The Cabin - Additional Restrictions. Stream Margin review is not required at this time because the cabin as shown is located more than 100 feet back from the mean high water line. The site of the cabin shall be subject to Sec. 26.435.040 of the City of Aspen Land g Use Code or any other provisions of said Code related to aesthetics, wildlife migration corridors, trail development, river impacts and other similar matters and where necessary, approved by the Planning and Zoning Commission pursuant to the above referenced section. The Applicant understands that construction of the cabin may cause unreasonable disturbance to wildlife during certain times of the year. The lot containing the cabin shall be burdened with restrictive covenants that (i) if approved by the Fire Marshall, prohibit the construction of a future access road to the cabin site; (ii) limit lighting of the cabin to periods of time when it is occupied; (iii) prohibit dogs on the cabin site at all times; and (iv) limit Nexterior construction to the months of July through September of each year. Following the construction of the cabin, the Applicant shall be responsible for the complete restoration of any construction access roads or utility access easements required during construction. w.- Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 10 8. Ranch Manager's RO Lot. The Ranch Managers (RM) lot is approved as a residential lot, zoned AH/PUD, for a single Resident Occupied Unit. The building envelope is established in the final PUD plan and may have a maximum floor area of 3,400 square feet. The maximum height is restricted to 25 feet and 15-foot setbacks are required on all sides except the north side is set at 5 feet. This lot shall remain the property of the Applicant, except if sold to the Ranch Manager, and shall have the right to connect to (1) the Burlingame Ranch AH project public road system, and (2) adjoining Burlingame Ranch AH project utilities. The Applicant shall have the right to use this lot in a manner allowed by the City of Aspen Municipal Code and the Aspen/Pitkin County Affordable Housing Guidelines, including retaining or disposing of title provided that the lot is occupied by an employee engaged for employment on the Bar/X Ranch. Before the recordation of the final Plat, Applicant shall prepare for the City Attorney's review, a deed restriction consistent with this paragraph to be recorded for this RO unit. Said RO unit shall not be counted towards the proposed number of units of the affordable housing component of the project. The cost of building the RO unit shall be borne entirely by the Applicant or the Ranch Manger, including the cost of any utility lines such as water, electric, cable, etc. taken from a point where these utilities are installed by the City to serve the Burlingame Ranch AH development. 9. Cultural Use Lot. The Cultural Use (C) lot is approved as a separate two (2) acre lot, zoned Public (PUB), and is intended to provide for a cultural/educational multi -use complex under the general uses of the PUB zone district. The lot also is zoned with a Specially Planned Area (SPA) overlay so that land uses shall be specifically established along with a u site -specific development plan. No site -specific development plan for this lot is approved through this ordinance. All of the land uses, design and dimensional requirements shall be o established through a PUD Amendment and a Specially Planned Area approval to the Stage 00 ° ppm Road Subdivision/PUD. Such amendment of the PUD and SPA review shall be handled by ..mm m o the City Council as a continuation of the COWOP designation of the property. The Cultural M Use lot is approved for Agricultural Uses as defined in subsection 5, above, until such time LO n m o as other uses are proposed and approved. There shall be no reliance by the Applicant that m any use other than agricultural uses shall ever be approved by the City Council. rc Section 6: Residential Design Standards The Design Guidelines of the Stage Road Subdivision/PUD shall apply to and guide all residential development, except for the Cultural Use Lot which shall be determined in conjunction with a PUD amendment process. The City of Aspen Residential Design Standards set forth in Land Use Code Section 26.410 shall not apply to this development. Such guidelines shall be recorded with the Final Subdivision/PUD Agreement. Y f Section 7: Maroon Creek Viewplane. " Construction on the free market lots shall not impact the "Maroon Creek Viewplane" as depicted on Sheet 6 of the Final PUD Plan. The purpose of the Maroon Creek Viewplane is to ensure that no rooms, decks, or lighting create an adverse visual impact as viewed " from the floor of the Maroon Creek Canyon and to a height of six (6) feet above such floor in the area below each home site. The General Declaration of Covenants, Conditions and Restrictions to be imposed upon the free market lots shall include a covenant restriction requiring, prior to construction on any such lot, a site specific analysis by a certified surveyor or engineer demonstrating that the proposed construction Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 11 does not impact the Maroon Creek Viewplane as established on Sheet 6 of the Final PUD Plan. The City of Aspen and the owner of Lot 3 of the Harvey Subdivision or the future holder of a conservation easement on Lot 3 if such easement is granted in the future shall be the beneficiary of this covenant. Section 8: Gates and Fencing. No gates are allowed at the entrance to or within the Stage Road Subdivision/PUD. All fencing in or surrounding the free market lots shall be of a design, type and material that is approved by the Colorado Division of Wildlife as consistent with ranch operations and which does not unreasonably impede the movement of wildlife. The following design parameters are approved. • The top wire of the fence will not be barbed and will not exceed 42" above ground level. • The bottom wire of the fence will not be barbed and will not be less than 16" above ground level. • Intermediate wires may be barbed but will not be closer than 8" to the top and bottom wires. • Bar/X Ranch will be allowed a period of 3 years to conform all fences to this design. Although the pre -annexation agreement allows for the installation of different fencing along Stage Road and along the boundary with the Burlingame Ranch AH project, the Applicants shall initially install the same fencing defined above, and shall only alter it if trespassing N becomes a problem. Such change may be approved administratively by the Community m w Development Director m w m © o n m to N m m Section 9: Access, Circulation and Streets. M 10 All roads and driveways must meet the minimum standards, including accommodation of a m turning movements of fire trucks of the Aspen Fire District to allow for emergency access to m all lots. Road widths are approved as proposed in the Bar/X Ranch Engineering Plan, C-4.2; m however, a minimum of two (2) foot wide shoulders are required on Stage Road (which may be road -based sloped shoulders that are meant to structurally stabilize the traveled road •� surface and not to widen the traveled road surface itself.). Special provisions for access to the cabin are explained in Section 5, Subsections 6 and'7. �> The City of Aspen will be responsible for maintaining Stage Road prior to the road omaintenance responsibility being shifted to the Stage Road Homeowner's Association. Stage Road will be vacated in compliance with 43-2-301, et. Seq., C.R.S. and the Applicant shall provide permanent non-exclusive easements to the adjoining properties presently owned by N Connie Harvey and David Belford ("Adjoining Properties"). Upon and after takeover of Stage Road by the Association, the standard and quality of maintenance (including maintaining the Road Oyl surface) shall be that normally enjoyed by the citizens of the City !nnnmd of Aspen for public streets bearing equivalent traffic and shall meet with the approval of the City of Aspen Street Department. The City of Aspen shall act as a liaison for the Adjoining Properties to ensure that the obligations of the Association are promptly and properly performed. If the Association shall fail to perform its obligations with respect to Stage Road, the City of Aspen shall perform those obligations and shall have a cause of action against the Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 12 Association for the cost thereof, costs of collection and reasonable attorney fees. Until such time as the Applicant shall turn control of the Association over to the members/lot owners, the Applicant shall guarantee the Association's obligations for road maintenance. The Stage Road Subdivision Homeowners Association shall bear the cost of all future road maintenance and repair even with any increase in the number of dwellings on the Adjoining Properties from the number that exist on May 21, 2001, without any requirement of reimbursement from the owners thereof or the City of Aspen. The Applicants shall amend the associated covenants, agreements and documents for the PUD such that the owners, at any time, of the Adjoining Properties, their agents, invitees, guests, service personnel and grantees shall have permanent unobstructed access to those properties via Stage Road with no cost to such owners for maintenance, repair or improvement of Stage Road. The owners of the Adjoining Properties shall be direct beneficiaries of those documents as to the rights and benefits thereof conferred upon them with the right to specifically enforce the provisions thereof and such status shall be acknowledged therein. The provisions contained therein relating to the rights and benefits conferred thereby for the benefit of the Adjoining Properties shall not be amended or rescinded without the written consent of the owners of the Adjoining Properties. Section 10: Water Department Standards. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing N Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water m Department. The Applicant shall work with the Water Department to establish water line m m locations and necessary easements to allow for efficient and compatible line locations and 00 m m easements in conjunction with the Burlingame Ranch AH development. In the event of any t0 ^ m o inconsistency with said standards and the terms of the Water Service Agreement attached as cT 0 , an exhibit to the Fourth Amended and Restated Pre -Annexation Agreement, dated December a m m 6, 2004, the terms of the Water Service Agreement shall control. m Section 11: Sanitation District Standards The Applicant shall work with the Aspen Consolidated Sanitation District to establish sewer line locations and necessary easements to allow for efficient and compatible line locations and easements in conjunction with the Burlingame Ranch AH development. The Applicant shall comply with the following Aspen Consolidated Sanitation District rules and 0 regulations. U Z 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. N a2. All clear water connections are prohibited, i.e. ground water, (roof, foundation, 5 perimeter, patio drains), including entrances to underground parking garages. N 3. On -site drainage plans require approval by the district, must accommodate ACSD service requirements and comply with ACSD rules, regulations and specifications. 4. On -site sanitary sewer utility plans require approval by ACSD. Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 13 5. Oil and Sand separators are required for public vehicle parking garages. Containment areas will be required for the hydraulic lift facility and generator fuel tanks. 6. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 7. Plans for interceptors, separators and containment facilities require submittal by the Applicant and approval prior to building permit. 8. When new service lines are required for existing development the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 9. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line, as in the case of an ADU. 10. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. 11. All ACSD total connection fees must be paid prior to the issuance of a building permit. a 12. Where additional development would produce flows that would exceed the planned o; reserve capacity of the existing system (collection system and or treatment system) an © `o m m additional proportionate fee will be assessed to eliminate the downstream collection CO a N m system or treatment capacity constraint. Additional proportionate fees would be mv m collected over time from all development in the area of concern in order to fund the Lo d m improvements needed. m m m Section 12: Fire Department. Sprinkler and fire alarms are required in all of the buildings. The sprinkler and alarm designer should meet with the Fire Marshall before starting design. Adequate water volume and pressure for the sprinklers will need to be shown. 0 U r Section 13: Trees and Landscaping For landscaped areas that are common in nature or part of the infrastructure of the development, seed mixes and specific landscaping features must be specified on the Landscape Sheet of the Final PUD Plans. These plans must meet with the approval of the N Parks Department. 6 0 The Applicant shall install tree saving construction fences around the drip line of any trees to d be saved such that no excavation, storage of materials, storage of construction equipment, " construction backftll, foot or vehicular traffic shall be allowed within the drip line. The Parks Department must be contacted to inspect this fence before any construction activities commence. Stage Road Subdivislon/PtJD Ordinance No. 6, Series of 2005 14 At the time of building permit application for each lot, the Applicant shall provide detailed landscape plans (including seed mixes), restoration plans, and erosion control plans, that meet with the approval of the Parks Department. Section 14: Transportation Management/PM 10 Mitieation The Applicants shall only utilize a suitable road surface dust suppressant to be used during construction and over time as found acceptable to the Environmental Health and Streets Departments. The Applicant has agreed to provide cash in lieu in an amount comparable to the originally proposed shuttle van. The amount of such payment shall be S20,000 for transportation management strategies to be implemented by the City of Aspen, due at the time of issuance of the Access/hifrastructure Permit. Section 15: Vested Rights. The land use approvals and GMQS allotments received by the Applicant shall vest for a period of twenty-five (25) years or such longer time as may be allowed under any applicable law, regulation or court decision. The vested rights shall last for a period of 25 years after the date the final PUD and subdivision plat is recorded. Such vesting shall apply to all the rights and entitlements set forth in the Fourth Amended and Restated Pre -Annexation Agreement, dated December 6, 2004, or a Final Annexation Agreement if any, between the City of Aspen and Bar/X Ranch, and the final development order for the Stage Road Subdivision/PUD. Section 16: Further Subdivision. The Stage Road Subdivision/PUD, shall be deed restricted in perpetuity against any further subdivision, except that this restriction shall not limit the condominiumization of the m m residences located on Lot Fl upon filing of the required condominium plat, an amendment to co N m the development plan which results in residential density that is equal to or less than the cr)cr) ^ C o density approved through this ordinance for the final development plan, and the possible m r m internal subdivision of land within the Lot C, Cultural Use Area, with proper amendments m� a m m approved. m Section 17: School Land Dedication Fees. School Land Dedication Fees shall be assessed based on one-third the value of the unimproved land within the Stage Road Subdivision/PUD valued as of September 22, 2004, divided by the proposed fourteen (14) new residential lots (12 free market lots, one cabin site (Lot F2) and one Ranch Manger's RO lot) on a per acre basis according to the Land Dedication Standard of Section 26.630.030 of the City of Aspen Land Use Code. The calculation shall not include units within the proposed affordable housing parcel (the 20-acre parcel) commonly referred to as the Burlingame Ranch AH project. The calculation shall not include and fees shall not be required for the four (4) existing residential units on Lot F1 of the Fathering Parcel at this time or at the time of expansion as allowed through this ordinance. Notwithstanding the foregoing, the valuation for the parcel containing the cabin site may be based upon a valuation that takes into account the conservation easement on the land upon which it is located which is a requirement of the subdivision approval of the Stage Road Subdivision/PUD. Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 15 The City of Aspen shall verify the unimproved land value of the lands underlying the Project from information provided by the Applicant and information from the Pitkin County Assessor. The subject subdivision is not conducive to locating a school facility and a cash -in - lieu payment shall be accepted. A schedule specifying the school impact fees shall be included in the Subdivision Improvement Agreement, or a subsequent amendment thereto. The project shall not be subject to amendments to impact fees required by the City of Aspen, including new impact fees or amendment to existing impact fees, during the period of vested rights. Substantial amendments to the project that increase impacts that relate to impact fee categories shall require a new calculation of impact fees. Impact fees commensurate with each residential unit shall be payable upon issuance of a building permit for such residential unit and paid by the applicant for said building permit. Section 18: Park Development Impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance based on the current code in place at the time. Section 19: Noise. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. Monday through Saturday. ry Section 20: Lightin2. 06 All exterior lighting shall meet or be more restrictive than the City of Aspen Lighting Code v a N m pursuant to Land Use Code Section 26.575.150, Outdoor Lighting, as may be amended from ap cc time to time. The provisions regarding lighting contained within the Stage Road Design N v m Guidelines shall be enforced by the homeowner's association. r m. Loa"mm m Section 21: Annexation. m All approvals contained within this ordinance shall be subject to the successful annexation of the subject property into the City of Aspen. All approvals contained herein shall be null and void should annexation not occur. Section 22: Amendment Process for COWOP Project The Stage Road Subdivision/PUD is a COWOP project, and as such, amendments to the _ = PUD Development Order and all approvals associated with the PUD and contained within z this ordinance shall be handled in a manner consistent with the COWOP process, except as otherwise noted in this ordinance and specifically as noted in Section 5, paragraph 7. a Insubstantial amendments to a Stage Road Subdivision/PUD development order may be Sauthorized by the Community Development Director. J Other amendments found by the Community Development Director to not be insubstantial may be approved by the City Council pursuant to Convenience and Welfare of the Public, Section 26.500.050 E. At the discretion of City Council, a COWOP team may be convened to consider the amendment and provide advice to City Council pursuant to 26.500.050 D. Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 16 Section 23• Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during the project review. Section 24: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing, in the application or documentation presented before the Community Development Department or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 25• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 26: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 27: The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 28• A public hearing on the Ordinance shall be held on the 14th day of February, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of January, 2005. Attest: P Kathryn . Koch, City Clerk Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 17 FINALLY, adopted, passed and approved this 14`h day of February, 2005. Attest: 011 Kathryn S. K , City Clerk Approved as to form: Cityttorney Exhibit A — Zoning Map for the Stage Road Sub/PUD property 51365© I IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII IIIIIIIIIIII IIII 00 899 19 r) 0.00 842f'. SILVIA DAVIS PITKIN COUNTY MyDocsBarSlashXSubPUD/Feb l40rdinance2l .doc Stage Road Subdivision/PUD Ordinance No. 6, Series of 2005 18 \ I IIIIII IIIIIIIIIII IIIIII IIIII IIII IIIIII III IIIIII III IIIIO 89 960 00 8942C rA 0 O BAR X RANCH F1 CONDOMINIUMS