HomeMy WebLinkAboutcoa.lu.an.Burlingame Bar X 1998BAR X ANNEXATION
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RESOLUTION NO. 01
Series of 2001
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN
AMENDMENT TO A PRE- r' ` '. .. _ WITH BAR\X RANCH, LLC,
AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE SAID
DOCUMENT ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council an Amendment to the Pre-
AnneXali(in ° �_ �� �„ W
between the City of Aspen and the Bar\X Ranch, LLC, a copy of which
agreement is annexed hereto and made a part hereof; and
WHEREAS, the City Council believes that it is in the best interests of the City that the
development plan described in said pre -annexation be pursued at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, that the City Manager and the Mayor are hereby authorized to
execute said amendment to the pre- and all related documents on behalf of
the City of Aspen.
FIRST AMENDMENT TO PRE -ANNEXATION AGREEMENT
BAR/X RANCH
THIS FIRST AMENDMENT ("Amendment") to the PRE -ANNEXATION
AGREEMENT ("Agreement") is entered into and made on December, 2001, 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 Bar1X
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
Amendment shall become effective following approval by the City Council of the City of Aspen
evidenced by a duly approved resolution and by the execution of this Amendment by either the
City Manager, Mayor, or Mayor Pro-Tem and execution by the Landowner.
RECITALS AND REPRESENTATIONS
WHEREAS, City and Landowner have previously entered into a Pre -Annexation
Agreement for the Landowner's property known as the Bar/X Ranch which contained, among
other things, provisions for the joint processing of a development application for both the Free
Market Component and the Affordable Housing Component; and
WHEREAS, the joint planning for both components has reached a stage where their
Conceptual Plan submissions to City Council have occurred, however, it is anticipated that the
Final Development Plan submission for the Affordable Housing Component will take Ionger to
complete while the Final Development Plan submission for the Free Market Component is
expected to take significantly less time to complete; and
WHEREAS, City has halted processing of the Conceptual Submission of the Affordable
Housing Component pending an analysis of the City's affordable housing program, a master plan
for said program and financial information concerning the program; and
WHEREAS, as a consequence of the analysis referred to in the preceding paragraph,
the parties do not expect to complete the requisite land use approvals within the time
contemplated; and
WHEREAS, the Pre -Annexation Agreement provides at paragraph IC that if the final
approvals for the Free Market Component and the Affordable Housing Component are not
obtained by December 31, 2001, the Pre -Annexation Agreement is null and void; and
WHEREAS, City and Landowner desire to amend the Preannexation Agreement to
provide for the processing of the Final Development Plan for the Free Market Component
separate from the Affordable Housing Component; and
WHEREAS, the parties desire to amend certain other provisions of the Preannexation
Agreement as more fully set forth hereinafter.
NOW THEREFORE, for good and valuable consideration including the mutual covenants and
promises contained herein, the sufficiency of said consideration being hereby acknowledged, the
parties agree as follows:
I. PROCESSING OF DEVELOPMENT APPLICATIONS. Paragraph 1H on pages 11-12 of the
Agreement is hereby amended by the addition of the following subparagraphs after subparagraph
b. of Paragraph 1H:
b.I. 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 Component.
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
therefor 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. Notwithstanding the separate
processing of the Free Market Component from the Affordable Housing
Component, Landowner remains interested and affected by the development plan
for the Affordable Housing Component. 'Therefore, Landowner shall be given
notice of all meetings, public hearings and work sessions concerning the
development plan for the Affordable. Housing Component and an opportunity to
provide comment on such development plan.
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.
2. TIMING OF CONVEYANCE OF THE 20 ACRE PARCEL. The second sentence of
paragraph I on page 2 of the Agreement is hereby deleted and replaced with the following:
A parcel from the -/X Ranch consisting of approximately 20 acres ("20 Acre
Parcel"), the exact size and location to be determined during final planning and
design, but substantially in the location as shown on Exhibit B, shall be conveyed
by warranty deed by Landowner to City following the recording of a subdivision
plat for the Free Market Component 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 Agreement.
3. DEVELOPMENT RIGHTS. The last sentence of paragraph I C (on page 3) of the Agreement
is hereby deleted and replaced with the following:
In the event that by May 1, 2003, or such later date as may be mutually agreed
upon by the parties hereto, the Aspen City Council does not approve all requisite
land use applications for the final plat and related approvals for the Free Market
Component with terms and conditions consistent with this agreement and other
conditions reasonably acceptable to Landowner, this Pre -annexation Agreement
shall terminate.
4. MEANING OF THE TERM "DEVELOPMENT PLAN" IF
'%J r1rrv1'rlA19Lt HUUSING COMPONENT.. Notwithstanding the
Provisions of paragraphs 2 e, f and g on pages 14-15 of the Agreement and paragraph 19 on page
19 of the Agreement, in the event Landowner has obtained Final Plat approval for the Free
Market Component prior to the time City has obtained Final Plat Approval for the Affordable
Housing Component, then, the references in paragraphs 2 e, f and g and paragraph 19 of the
Agreement which refer to the Development Plan shall meats the Free Market Component of the
Development Plan.
5. LANDOWNER'S REMEDIES. Paragraph 5 on pages 16-17 of the Agreement is amended by
the addition of the following language at the end of subparagraph b as follows:
"In the event the breach by City is its failure to extend utility service and
facilities 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 property and/or along its existing utility facilities where
such easements are necessary for Landowner 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." .
6. CONSERVATION EASEMENTS. Paragraph 1 E on pages 10-11 of the Agreement is hereby
deleted and replaced with the following provisions.
E. 1 The City may develop the area depicted as the Back Bowl of Deer Hill on
Exhibit B (the "Back Bowl"). In the event City determines it is appropriate to
develop the Back Bowl, its development shall be subject to the following
conditions: 1) There shall be no more than the lesser of eighty (80) dwelIing units
or 100,000 square feet (gross) of affordable housing constructed in the Back
Bowl; 2) The height of structures in the Back Bowl shall not exceed twenty-five
(25) feet, measured as provided in the City Land Use Code as it is in effect at the
time of execution of this Amendment; 3) Landscaping and/or land forms shall
screen the light sources and roadways in the Back Bowl so that sight lines from
15 feet above existing grade on the building envelopes designated for the Free
Market Component are screened by berms from 0 light sources emanating from
roads, parking areas, external light fixtures and windows within the Back Bowl;
4) Landowner shall be notified of City's determination to develop the Back Bowl
within thirty days of City's decision to do so and shall have the right to review
and approve all plans related to such development, which approval shall not be
unreasonably withheld, provided such development meets the criteria set forth
herein; and 5) prior to any development of the Back Bowl, City shall first attempt
in good faith to negotiate, without limitation, a land trade, sale, purchase or other
mechanism which would result in the preservation of the Back Bowl from
development and in lieu thereof, acquire rights to place development of affordable
housing on the adjacent property owned by the Aspen Valley Land Trust, d/b/a
Park Trust Ltd. If such a land trade, sale, purchase or other mechanism is
achieved and the development of affordable housing is permitted on the Aspen
Valley Land Trust, d/b/a Park Trust Ltd. property, then 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. In the event the City is
not able to obtain rights to develop the property owned by the Aspen Valley Land
Trust, d/b/a Park Trust Ltd., then the development of the Affordable Housing
Component shall include the construction of recreational trails within the Back
Bowl area in order to provide a recreational/open space amenity for the residents
of the Affordable Housing Component.
E. 2 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 for the Back Bowl (unless as provided for in paragraph IE.I above), the
Development 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 conservation easement shall protect open space values and its
terms shall be determined during the land use approval process for the Affordable
Housing Component. Exhibit B to the . Agreement is hereby amended by the
exclusion of the Back Bowl from the "New Conservation Area" shown thereon.
6. 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 as contemplated by paragraph 1 E.2
4
above in this Amendment, which changes the allowed use of the areas as permitted in the
conservation easements. Likewise, City's consent shall be required for any amendment to the
conservation easements placed on the Free Market Component by Landowner as contemplated
by paragraph 1 H.c (on page 12) of the Agreement, which changes the allowed use of the areas
as permitted in the conservation easements. Landowner and City, respectively, shall be named
as a beneficiary of each other's conservation easements in order to exercise such rights.
7. LEASE OF 20 ACRE PARCEL. Subsequent to the conveyance to City of the 20 Acre Parcel
and prior to commencement of development activities on it for the Affordable Housing
Component, 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 Iease
Landowner shall be entitled to use the water rights appurtenant to the 20 Acre Parcel to maintain
its historic irrigation.
8. ANNEXATION OF ADDITIONAL LAND. Landowner has identified two tracts of land,
designated as Tract A and Tract. B on the legal descriptions attached hereto as Exhibits 1 and 2
respectively, that are not presently in the record title of Landowner, but which tracts Landowner
believes it has acquired rights to through adverse possession. At such time as Landowner obtains
record title to any or all of such tracts or portions thereof, Landowner and City agree that: 1)
such property may be annexed to the City upon terms and conditions mutually acceptable to City
and Landowner; and 2) whether or not such tract(s) are annexed, Landowner agrees to convey to
City a perpetual non-exclusive access easement across Tract A for roadway purposes to serve the
Affordable Housing Component. The easement shall be 40 feet in width and along an alignment
to be mutually agreed upon between Landowner and City with the intent that such roadway shall
provide access between two topographic benches within -the 20 Acre Parcel.
8.1 Notwithstanding the foregoing, if City obtains rights to develop the property
presently owned by the Aspen Valley Land Trust, d/b/a Park Trust Ltd. adjacent to the 20 Acre
Parcel, then, if Landowner has obtained record ownership of Tract A, Landowner agrees to
convey Tract A to the City for its use in the development of affordable housing in accordance
with the requirements of the Agreement and this Amendment and said tract shall be included
within the development plan for the Affordable Housing Component and subject to its
limitations and requirements. In such event, upon the conveyance of Tract A to the City, City
shall reconvey to Landowner one and one-half acres (the "1.5 acre Parcel") from the 20 Acre
Parcel. The 1.5 Acre Parcel shall be configured by locating its southerly boundary along the
southerly boundary of the 20 Acre Parcel and extending in a northerly direction parallel to said
southerly line a sufficient distance so that it is 1.5 acres in size. The 1.5 Acre Parcel boundary on
the west shall be adjusted to avoid any interference with any access road that may be located on
the south=westerly edge of the 20 Acre Parcel.
8.2 The parties agree that until title to either of such tracts is clarified, they are not be
deemed a part of the Property Proposed to be Annexed as referred to in the Agreement and that
Landowner shall have no obligation to pursue efforts to acquire record title to such parcels;
provided however, if Landowner has not obtained record title to Tract A by the time final plat,
annexation and rezoning of the Free Market Component are completed and recorded in the
public records, Landowner shall convey all of its interest in Tract A to City by Bargain and Sale
Deed and shall obtain the reconveyance of the 1.5 Acre Parcel as described in paragraph 8.1
above upon the sooner to occur of: 1) City obtaining record ownership of Tract A, either through
a conveyance of or disclaimer of the rights of the record owner thereto or a decree or settlement
in any quiet title suit that City may pursue; or 2) City making use of Tract A for purposes other
than the roadway easement referred to in paragraph 8 above.
8.3 The City acknowledges that Landowner has instituted litigation to obtain title to Tract A and
may settle such litigation in a manner that places restrictions on the use of Tract A prohibiting
certain uses thereon. City agrees that any .conveyance by Landowner of Tract A to City may be
subject to such restrictions.
8.4 Landowner has not commenced any litigation concerning Tract B, which, upon information
and belief is held in record ownership by Pitkin County. Nothing herein shall impose any
obligation on Landowner to undertake efforts to obtain title to Tract B nor is Tract B intended to
be included in the development plan for the Affordable Housing Component.
9. ADJUSTMENT TO MAXIMUM NUMBER OF AFFORDABLE HOUSING UNITS. The
City and Landowner agree that, subject to paragraph 9.1 below, the maximum number of
Affordable Housing dwelling units that may be constructed within the Affordable Housing
Component shall .be increased from 225 units to 330 units. Therefore, the provisions of
paragraph 1 C. 12 (on page 8) of the Agreement and paragraph 1 D (on page 10) of the
Agreement which refer to the 225 units of affordable housing intended to be constructed as the
Affordable Housing Component are hereby changed to 330 units. The parties further agree that
the provisions of paragraph 5 of the Water Service Agreement (Exhibit F to the Agreement) are
hereby amended to change the number 225 which appears therein to the number 330.
9.1 Notwithstanding the foregoing, if City does not obtain rights to develop the property
presently owned by the Aspen Valley Land Trust, d/b/a Park Trust Ltd. adjacent to the 20 Acre
Parcel, then the maximum number of affordable housing units and bedrooms that may be
developed on the 20 Acre Parcel and the "4.5 Acres Tract From Burlingame Ranch East" as
shown on Exhibit B to the Agreement, shall be limited to the lesser of 330 dwelling units or 700
bedrooms.
10. ROAD ALIGNMENTS.
A. The City and Landowner agree that notwithstanding the access road shown on
Exhibit B to the Agreement, said Exhibit B is not intended to specify the location of internal
roads within the 20. Acre parcel necessary to serve the Affordable Housing Component nor to
limit City's ability to extend the roads through the 20 Acre Parcel to serve lands adjacent thereto
presently owned by Aspen Valley Land Trust, d/b/a Park Trust Ltd.
B. The paragraph 1 H.f (on page14) of the Agreement is hereby deleted and replaced by
the following paragraph:
f. Access and Utility Easements. The access to the
Affordable Housing Component of the Development Plan shall be
either across Landowners property as shown on Exhibit B or
through a different road alignment westerly of the Soldner
property, as shall be determined through the Iand use review
process for the Affordable Housing Component. If the alignment is
determined through said process to be as shown on Exhibit B,
Landowner shall convey the access road right-of-way easement
shown on Exhibit B and an underground utility easement to the
City. The right-of-way easement shall be a maximum of sixty (60)
feet wide which shall accommodate a road, parallel trail, and a
berm with a height of five feet above the adjacent finished grade of
the road along the boundary of the Free Market Component, or
some other landscape solution mutually acceptable to City and
Landowner that is designed through natural landscape design that
considers protection of the adjacent agricultural use from traffic
impacts. The parties shall endeavor on a best efforts basis during
the land use review process to minimize the width of the right-of-
way to accommodate the uses proposed in the previous sentence.
The final design of the access road and its related components and
landscaping shall be developed through the land use approval
process. The road shall be built in accordance with any
requirements imposed by the Fire Marshal. The easement shall also
entitle City to use it to serve property- adjacent to the 20 Acre
Parcel presently owned by Aspen Valley Land Trust, d/b/a Park
Trust Ltd. and a connection from Stage Road to the Aspen Airport
Business Center. Notwithstanding the foregoing, City shall have
the right to establish an access route to serve the Affordable
Housing Component that is along an alignment extending to the
Aspen Airport Business Center. If such route is selected and if City
determines that it shall be the sole access route to serve the
Affordable Housing Component, then neither of the above
described access roads shall be used and Landowner shall not be
obligated to provide the access easement described above, or if
such easement has been granted to the City by the time of a
determination to have the only access through the Aspen Airport
Business Center, then in such event, City shall vacate and release
the easement given by Landowner.
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I I. REIMBURSEMENT SCHEDULE. Notwithstanding the provisions of Paragraph 1 H. e. on
page 13 of the Agreement, the City and Landowner agree that unless sooner paid according to
the terms of said paragraph I H. e., Landowner shall reimburse City for its share of the costs of
the particular utilities provided and the costs of the utilities to be shared with the Affordable
Housing Component and the Free Market Component as described in said paragraph, not later
than the fifth anniversary of the completion and activation of said utilities, subject to any
subsequent adjustments as provided in said paragraph.
12. SPECIALLY PLANNED AREA ("SPA") USES. The provisions of paragraph I B. on page
3 of the Agreement are hereby amended by the deletion of the third sentence thereof and its
replacement with the following sentence:
"The detailed description of such uses and any restrictions or conditions
concerning them shall be determined in the SPA land use review process and any
subsequent amendments thereto, in the sole discretion of the City."
13. 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, that are generally applicable throughout the City to all
residential construction, as the same may exist from time to time.
14. CAPITALIZED TERMS. Except as otherwise modified her capitalized terms used
herein shall have the same meaning given them in the Agreement.
15. PRIORITY OF DOCUMENTS. In the event of any inconsistency between the provisions of
this Amendment and the provisions of the Agreement, the provisions of this Amendment shall be
given paramount effect. Except as specifically amended by this Amendment, the Agreement
shall remain unchanged and in full force and effect.
16. WAIVER. A waiver by any party to this Amendment of the breach of any term or provision
of this Amendment shall not operate or be construed as a waiver of any subsequent breach by
either party.
17. BINDING EFFECT. The parties hereto agree that this Amendment, by its terms; shall be
binding upon the successors, heirs, legal representatives, and assigns thereof and shall constitute
covenants running 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 obligations set forth in this Amendment.
18. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents or take any additional action that is necessary to carry out this Amendment.
19. EXECUTION IN COUNTERPARTS. This Amendment may be executed in several
counterparts, each of which shall be deemed an original and all of which shall constitute but one
8 l
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and the same instrument.
CITY OF ASPEN, a municipal corporation
ATTEST:
*Cityclekrk
APPROVED AS TO FORM:
.�W4- � . ��
LANDOWNER
Bar/X LLC, a Colorado Limited Liability Company
"9,) , —z- (, 0
By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust.
STATE OF C-rA.Ikv"I.f )
COUNTY OF Los pm-Q (t S )ss.
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Acknowled ed before me this �L O day of
2001, by _ _ ary �Cr'nk4 in his/�r
capacity as Tr u s+e �. " of
ih2 S ur,n 'ycS T►-Urf (l ra%Rr -t'k Q Zo/rh Pm 982 IrLef:
Notary
My commission expires: S Iy 1-7 7-00
I ANA L. MAN
CR -- - on 01 m00/
PkftV ftft Colloid
STATE OF COLORADO ) W A OWN Cow*
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)ss.
COUNTY OF PITKIN }
My commission expires:
JPW-12/18/2001-G:j ohnlwordlagr\zoline-preannrx-amend-fmal.doe
before
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EXHIBIT
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TRACT A
LOCATED OVER A PORTION OF SECTION 2, TOWNSHIP 10 $OU T.H, AGE 85 WEST OF THE 61h
PRINCIPAL MERIDIAN. C.QIMTY OF PrmK STATE OF COI, . DIEING bES dA BED AS FOLLOWS:
BEGINNING at She Southeast Comer of Lot 5, bald Section 2;
thence, along the South Line of sold Lot 5, North 88.1548" West, 436.30 feet to said South Une's latemecIlOn wish
the Northeriy ca Wmmdorr of the existing ferns Bne as, 910ed bo In deed recorded In Book 354, page 444 of ihe-Piddn
County Reconkr,
thence, along said fence One through the following courses:
North i3'S05r East f14.50 tnt North ir44W But 264.79 feet; and North 12W4r East, 263.95 feet
to the Sop of a steep slope above the Roaring Fork River.
thence, leaving said fence One, along said top of slope through the following courses:
South 59034W East, 6027 feet to a point an a non4angent,1000.W foot md(us cum concave South t
a rod[al:lirie to said pbint:baNrs 1!foiM 5?'12'53' Emit, Southeasterly " Sf aprye, thrq�ta8 h
of 104tiik a.letipttl of 179.4bfeed South drI11W East, 50.03 feetr S0UIh 21*1V17' tAik 4+4.53 fD0k
South 05'M'10" Wes#. &60 teat; South 10'32W Fast. 45 00fset to fha I@glaruLtg of a bmoQnt, 40.t10 foot
cu r rve concave.Nost tt; southerly, Southeasterly, Easterly abed Noddy along sold cycxe, through
a central -Moe, of 109'11'304;a.lero of 10.23 feet; South 2SW410 East. 42.24 feet; South 3V09"d9' East,
43.07 feet; South 20'30'32" Ese, bo.20 feat and South 2T41'19" Eask 17.40 feet to said bop of slope's
Intersection with the East Una of said Lot 5;
thence, along said East Une, South 4'08'52" West,135.85 feet to the POMfr OF BEGINNING.
The hereinabove described Bar/X Rands Parcel contains 3.915 Acres, more or less.
EXHINT
TEA= B
LOCATED OVER A PORTION OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 61h
PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE -OF C011)RADO. B21NG DESCRIBED AS FOLLOWS:
BEGINNING at the Southwest Comer of Lot 4, said Section 2;
thence, along the Wed Line of said Lot 4, North 4-WSr East,135M feet to the top of a steep slope ahov+e the
Roaring Fodc River;
thence, leaving said West line, along saM bop of slops through the fogowing courses:
South 2r4l'IT F, #.12.62 feet South 5W54'4W Eeat, 59.52 foot South 38.1T52- Fast. 50.81 feet;
souparsni 8• i 41.,$f} fek and South t8'3biW P� 34.951ie�et 10 said tap of sbpet Wsrsecdon
with the Sii6'Une of said Lot 4;
thence, ab% said SKdh tine, North 88.1648' West 149.37 fast to the POINT OF BEGINNING.
The hemInabove d0od bed Bar1X Ranch Parcel ' contains 0262 Aaes, more or less.
RESOLUTION NO.
_ Series of 2000
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A PRE -
ANNEXATION AGREEMENT WITH BAR1X RANCH, LLC, AND AUTHORIZING THE
MAYOR AND THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF
THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council a Pre -Annexation Agreement
between the City of Aspen and the Bar1X Ranch, LLC, a copy of which agreement is annexed
hereto and made a part hereof, and
WHEREAS, on August 8, 2000, the electors of the City of Aspen were asked whether
the City should enter into said pre -annexation agreement; and
WHEREAS, a majority of the electors of the City of Aspen recommended to the City
Council that it enter into said pre -annexation agreement; and
WHEREAS, the City Council believes that it is in the best interests of the City that the
development plan described in said pre -annexation be pursued at this time.
NOW, THEREFORE, BE IT- RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, that the City Manager and the Mayor are hereby authorized to
execute said pre -annexation agreement and all related documents on behalf of the City of Aspen.
Dated: C1L // 204
RJh_e1 E. Richards, 1�
I, Kathryn S. Koch, duly appointed and acting City Clerk do ce rtify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held
2000.
JPW-"/17/2000-G: \john\word\resos\zoline-preannex.doc
0
X
RANCH �-
THIS PRE -ANNEXATION ,. r
made on d is entered into and
2000, 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 "Ci
Colorado limited liability company whose address C c/o Herbert BaSRanch LLC, a
N. M� St. #203, Aspen, CO. 81611, hereinafter referred to as Mein, Esq. 201
Agreement shall become effective following execution by the Landowner "Landowner
eand 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, ,
or Mayor Pro-Tem.
RECITALS AND REPRESENTATIONS
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 � Exhibit A appended. hereto and inco grated herein b y
y this reference
(°Property Proposed to be Annexed" or "-/X Ranch,'); and
WHEREAS, the Property Proposed to be Annexed is more than 1/6 contiguous
with the existing 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, gt s_ec .; 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
cooperatively planned by the parties; and Annexed be
WHEREAS, the Development Plan described in this Agreement and the ri hts
granted to the Landowner hereby will assist in the creation of affordable housing, g
space and a reduction in free market residential density below that which would
Otherwise be likely to be developed on the -/X of the City; and Ranch, thus fulfilling high priority goals
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 jo
and application to the City's Community Development De int development
nt proposal
Pursuant to the Department for processing
City's Land Use Code; and
WHEREAS, the parties hereto .desire to condition the annexation
herein and the execution of the Development Plan as described herein on the proposed
all requisite land use approvals, following public input and cogranting of
mment
the City's Land Use Code; and , consistent with
WHEREAS, the City is a home rule municipality of the State of Colorado
authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and and
this legally .capable of suthe Landowner is, in accordance with C.R.S. Section 3 - _
bmitting a Petition to Annex in a form substantially the sameas,
Exhibit C appended hereto.
NOW, THEREFORE, in consideration of the covenants
herein, IT IS AGREED AS FOLLOWS: mutual covecontained
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 Bur ' lingame Ranch ("The Development Plan") constitutes the desired
result of this Agreement as it sets forth the best land use for the Property pro 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 Parties
s
Code and the Aspen Area Community Plan. AspenLand Use
acres,
DEVELOPMFtyT PARCEL The parcel of land, of ap roximate
acres, to be developed is ly
depicted graphically in Exhibit B appended he eto and
shall consist of the -/X Ranch plus a portion of the Burlingame of Highway 82, less the areas of Burl' Ranch lying East
Housing) m9ame Ranch known as Parcel B (MA, ing) and Parcels C, and D (the proposed U.S. West and Ventnor Avenue
Housing), the exact size to be determined during finalPlanning
Phases. A parcel from the -/X Ranch consisting of approximately 0 acres ('120
Acre Parcel"), the exact size and location to be determined during final planning
and design, but substantially in the location as shown on Exhibit B, shall be
conveyed by warranty deed by Landowner to City at the time of recording a
subdivision plat consistent with the Devel
acres to be conveyed to the City opment Plan. City has inspected the
and deems them suitable for construction of
affordable housing as contemplated herein.
2
B. ZONII�TG_ OF PR PERTY PRO___ POSED FOR
all applicable processes and approvals, theXATTON. Subject
development shall be zoned Affordable Housing/planed Parcel of Unit proposed
e p°S� for
(AH/PUD) pursuant to Section 26.710.110 of the Aspen veloPment
amended from time to time. The development application Lanall mc s e a ode' as
that it include a Specially Planned Area (SPA) overlay requestingquest
Permitted uses within the underlying a variance in
equestrian, recreation, or Open space activities,
i district to allow agricultural,
activities within the Fatheringparcel. and cultural and academic
any restrictions or conditions concerning them shall be determidescription ned
in uses and
land use review Process. It is understood d m the SPA
such as hog farms, feed lots or large-scalet no high intensity agricultural uses
will be permitted. The parties acknowledge the food
Pr zone district
that incentive zone district to provide for the use of land for the production of
f
category 1, 2, 3 and 4 affordable housing and resident occupied lots and uni
(as defined by the Aspen/pitkin County Housing AuthorityGuidelines).is
Parties further acknowledge that the zone district requires that affordable
housing and resident occupied units must comprise at least seven
percent of the total bedroom mix in seventy (70 %)
"Affordable Housing Component"). In additive only development (hereinafter the
development's bedrooms y rty (30 %) percent of the
may be located within the free market units
(hereinafter the "Free Market Component").
C. DEVELO MENT
RIGHTS- The Development Plan anticipates and it is
of the essence of this Agreement that the development rights and restrictions set
forth below shall be applied for b the
Development Department pursuant y parties herein to the City's Community
p scant to and consistent with the standards and
procedures set forth in the Ci 's
dCode. In the December 31, 2001, or such later date.ansmayebe mutually agreed.
up that hby
e
Parties hereto, the Aspen City Council doeon by
applications with termss not approve the requisite land use
conditio' and conditions consistent with this agreement ns reasonably acceptable to Landowner, this pre- and other
annexation
shall be deemed null and void. Agreement
1 Free Mark
t Lots • Landowner shall have the right to develop
total of 12 free market lots, plus one ranch compound knowas 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 build a cabin shall be subject, appended hereto. The right to
to satisfy reasonable however, to Landowner being able.
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
3
access "su h
c as via a stairway or funicular will be e
ted
such case the cabin shall be sprinklered, a fire hydrantrl t ho and in
other non -vehicular fire fighting e , hoses and
near the cabin and Pment shall be placed at or
release of claims in the
o d��Cl shall execute a
waiver and
Providers for anin' ' and all emergency service
Y injuries, death, or property damage which may
occur, due to the absence of a year round road to the cabin. Y
2 Free MarkgtLots = FAR. The allowable floor area
f
exclusive of accessory buildings, on each of the 12 lotsshall be
7,500 square feet. The allowable floor area of each house be
be increased to 10,000 s se may
extinguishment square feet with the purchase and
inguishment of a Transferable Development Right (TDR) from
Pitkin County that may be, on the effective da
Agreement, used in the Metro Area of Pite of this
tkui Coun
drain dough the Roaring Fork River at Gerbazedale). The floor
at
area shall be measured b oor
for square footage inclusions sand ethic itY floor calculated regulations
the City code provisions in and
exclusions
June 2 under
event that TDR's are not for purchase after a reasonable
e
effort is made to do so, `a available.
of a TDR s Payment -in -lieu, equivalent to the cost
hall be made to the City's Housing Fund in order to
increase the allowable sizes of the houses up to the maximum
stated herein. The equivalent cost of TDR's shall be the avers
Price of the last four (4) TDR's traded in average
in Pitkin County. arms -length transactions
3 • FreeMark-et Lots -
_ es lands_ -mg etc. The lot sizes within
the Free Market Component shall be as shown on
Building envelopes and areas of potentiExhibit B.
al disturbance Burin
construction activity for each parcel shall be de
te g
the land use approval proces s contem fated here�ed during
landscaping within the build' P All urban
opes
within 100 feet of buildingexteriors�Vel sca shall
in l be limited to
and ranch, farming, Landscaping, ponds, fences,
g, equestrian and recreational uses
and
accessory structures associated with equestrian activities shall be
allowed outside of building envelopes on all lots. Of the land shall be subject to pThe remainder
rotective covenants that limit its
use to agricultural, equestrian, recreation, cultural, academic 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 natura
vegetative state. The term "natural vegetative state" l
may include
4
the introduction of indigenous plant and tree species.
4. Free Market Lots
Acc_ e_n, lin Each house
within the Free Market ..0welomponent, other
Parcel, shall include an Accessory than the Fathering
Minimum of 600 square feet and Dwelling Unit (ADU) with a
imum
feet. Each ADU required to be constructed s of 1,000 square
the same time as the construction of the house of the Freebe constructed
uMarket
Component to which it is attributable. The ADU's shall
subject to the occupant re be
y 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 calculatiq aze
square footage for the free market units. The on of
either attached to the main residence or may ADU's may be
requirement to build an ADU y be detached. The
and extinguishment may be exempted with the Purchase
guishment of a Transferable Development Right (TDR)
from Pitkin County that may be, on the effective date of this
Agreement, used in the Metro Area of Pitkin County (lands that
drain through the Roarin
event that TDR's are not availableFO iver at erbazedale). In the
ble
effort is made to do so, a payment -in -or lieu, equivalent t these after a cost
of a TDR, shall be made to the City's Housing Fund in order to
exempt the ADU requirement. The equivalent cost of T be the average price of the last four (4) TDR's 's shall
length transactions in Pitktraded in
in Counbe designate ty
arms -
extinguishment of a TDR shall' (Each Purchase and
exemption of the re uuement to bwld d for use as either an
FAR.) q ADU or to increase
5• Free Market Lots.
Maroon Creek Vielane Construction on
the free market lots shall not impact the Viewplane" as depicted on E "Maroon Creek
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
ThOf the Maroon Creek Canyon in the area below each homesite.
e General. Declaration of
Covenants, Conditions and
Restrictions to be imposed upon the free market lots shall include
a covenant restriction requiring, e
lot, a site specific q g, Prior to construction on any such
Pe analysis by a certified surveyor or engineer
demonstrating that the proposed cact
Maroon Creek Viewplane. Ponstruction does not impact the
beneficiary of this covenant. The City of Aspen shall be a
6. The
Fat Parcel Th F
have one main residence u towering Parcel shall be permitted to
one cabin. The final p ' ' three (3) additional residences and
that prohibits anAgreement shall contain a provl.ision
y further subdivision of the Fathering
allowable floor area for the residences on the Fathering P The
shall be a total of 15,000 square feet forareside
a Parcel
to three (3) other residences. The total FAR main residence and up
may be increased to a total of 18,000 sou refe square feet
Purchase and extinguishmentsquare feet with the
County. The total Fof two (2) TDR's from pig
the option of Landowner�y be divided among the four houses at
The Cabin located at the Cabin site as
shown on Exhibit B, shall have an allowable floor area
square feet. Floor areas shall be measured b of 1,500
area regulations 'for s y using the City floor
Jquare footage inclusions and exclusions as of
June L.
2000. All non-residential ranch buildings shall be
excluded in the calculation of
mitted
acknowledges and agrees tha
development on the Fathet thee ri floor area. City
ring parcel are exempt ted hereby for
from the Ci
GMQS due to the extent of the lawful ty's
and residential uses on the - Pre-existing development
legal status /X Ranch, which has "grandfathered ,
g under current Pitkin County Zoning the provisions of the AH/PUD Zone. Notwithstanding the above
if any existing residential unit on the FatheringParcel '
with a new unit that exceeds 4,000 s 1 is replaced
described in Section 4 above, an square feet in area, then, as
or be exempted b ADd shall be either constructed
from Pitkin County the
and extinguishment of a TDR
Units. y manner as for other Free Market
7. bFen_ All fencing in or surrounding
of a design, the free market lots shall
type and material that is approved b
Division of Wildlife as consistent with ranch perat ons y the rand
which does not unreasonably impede the movement of
except that fencing along Old Stage Road and fencing between the
Free Market and and the 20 Acre Parcel may be '
which protects agricultural operations n installed
limitation, the grazing of cattle and horses including, without
from interference b and other land uses,
y trespassers.
8• The abin. The site of the cabin shall be as which site shall be subject to Sec. shown on Exhibit
26.435.040 of the City of
Aspen Land Use Code or an
related , to aesthetics y other provisions of said Code
, wildlife migration corridors, trail
6
development, river impacts and other similar
change in the location of the cabin site may re uire matters. Any
its development to be reviewed and approved b applicable,
Zoning Commission pursuant to the standards of review l sett rig h
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
understands this Agreement. Landowner
that construction of the cabin
unreasonable disturbance to wildlife durin may cause
Y . Accordingly, Landlord g certain times of the
agrees to limit the construction of
the cabin to those periods of. time determined
the City during the land use approval Process. ollownainreasonable by
construction of the cabin, Landowner shall be responsible for the
the
complete restoration of an y
access easements re wrier
access roads or utility
the cabin shall be burdened with construction. The lot containing
tractive covenants that (i) if
approved by the Fire Marshall pursuant to paragraph 1C.1 above,
Prohibit the construction of a future access road to the cabin site,
(u) limit lighting of the cabin to periods of time when it is
occupied, and (iii) prohibit dogs on the cabin site at all times;
9. Veste Ri h
— The land use approvals and GMQS allotments
years or such l
received b
Y Landowner shall vest for a period of twenty-five (25)
onger time as may be allowed under any alicable
law, regulation or court decision. The vested rights s allla t for
a period of 25 years after the date the final PUD and subdivisi
plat is recorded. Such vesting shall on
apply
entitlements set forth in this A eemen nd the all the rights and
order for the Free Market Component. As a final
nddition development
annexation of the -/X Ranch f the
development agreement that sets forth the Parties
nfindin ter s° a
support this extension of vested rights in accordance with CRS
24-68-104(2).
10. F_r bdivis'on. The Free Market Component, including
Fathering' parcel, shall be deed restricted inperpetuitythe
any further subdivision, except that this restriction o against
an amendment to the development plan which results in
residential density that is equal to or less
approved under this Agreement and the final development than the nsity
for the -/X Ranch. plan
7
11. Vacation of S a >e R=. Stage
The City shall request Pitkin Coun as is a Pitt o County Road.
Process to privatize Stage Road east of the part
stern bow d use
the Soldner property; provided, however, �Y of
Provisions are made to ensure that adequate
Stage Road (Caudill and Harve that other Properties served by
y Properties) are not financially
harmed by any new arrangements for access to their properties
and that maintenance of the road will be
additional cost to the Caudill and Harve undertaken without
current densities. In the event that p Properties at their
tkin County Portion of Stage Road, non-exclusive easements ssha11 be granted
that
for access and underground utilities to the H granted
Properties- The portion of Stage Road sou t to Harvey and Caudill
the location of the easementsg to be be vacated and
Exhibit "E" appended hereto. are illustrated on
12. Ranch Manager RO Lot. City shall approve one re '
zoned AH/PUD, contiguous to Burl' sidential lot,
owned b Burlingame
Village on land
Y Landowner for a single Resident Occupied Unit, as
shown on Exhibit B ("Ranch Manager's House" remain the property of Landowner, )' This lot shall
connect to (1) the Burlingame Village public all h system,
the right to
adjoining .Burlingame Village utilities. Landowner and (2)
right to use this lot in an shall have the
Municipal Code and the manner allowed by the City of Aspen
P tkin County Affordable Housing
Guidelines, including retaining or disposing of titre provided that
the lot is occupied by an employee engaged for e the '� Ranch._ Before the recordation of thfinalePlatnt n
Landowner shall prepare for the Ci
restriction, consistent with this tY Att°rney's review, a deed
RParag�'aph to be recorded for this
O unit. Said RO
unit shall not be counted towards the 225 units
Proposed as part of the Affordable Housing Component of the
Project. The cost of buildin
by Landowner g the RO unit shall be borne entirely
including the cost of any utili
water, electric, cable, etc. ty lines such as
1.3. Water fth—ts The Free Market Component Fathering Parcel and Resident Owned Ranch Manager the
the Cabin, shall receive Cityanager lot, and
Service Agreement appended water in accordance with the Water
PPe�ed hereto as Exhibit F. Among other
things, the Water Service A
shall convey to the Ci Agreement provides that Landowner
Attorney) certain water tY im a form acceptable to the City
rights described on Addendum 1 (the
8
i
1
Dedicated Water Rights" and the
Rights.,,) ") "Dedicated Raw Water
g 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 believe
sufficient in quantity and quality to allow the Ci d t0 be
quantity of water which is City to divert a
curtailment, to meet necessary, without administrative
water needs of the Fee °mot of water re
gained .for treated
Fathering Parcel, Resident OMar et Component, including the
referred. to in Exhibit G and the raw Manager
aterr lot, the Cabin
irrigation of the open' space associated terwitrequirements for
Housing Component, as conditioned the Affordable
detail in ed
the Water service Agreementhereto.nfurther
shall be no material enlazgement of historic water use on
Property to be Annexed. The the
be reconfiguration of areas Parties acknowledge that there may
water uses. irrigated, means of ligation, and
Landowner shall be solely responsible
rights, changes of water rights, and
for obtaining any water
to permit storage of water for an augmentation plans necessary
Free Market area. y requirements or needs of the
In connection with its conveyance of water rights to
Landowner shall contemporaneously convey to the City the City
mutually acceptable to the Ci tY (in form
Proportionate interest in an City
Attorney and Landowner) a
y ditches, flumes, headgates or other
structures and easements, or rights therein, necessary to utilize
such water rights. ize
Such conveyance shall be a prerequisite to
Provision of water service to the Subject Property. Landowner
will also contemporaneous)
its possession, or available oP t re ardin e City all information in
water rights, includingregarding the historic use of said
irrigation records well Pumping records, diversion records,
aerial photographs, affidavits, and all other
available information concerning the use of said water rights.
City shall, through the Willow and Herrick Company or by other means agreeable. to both Par Creek Ditch
share of operating, Parties, pay its fair
P maintenance, maagement, professional and
legal costs associated with the pr
water to the 20 Acre Parcel ovision of surface irrigation
thr°ugh the Willow Creek Ditch. and
other distribution ditches.
6
14. Transportation D_nd Mana emPnt The parties
heret
understand that it is the intention of each to develop a project tha0
reduces the use of the automobile. Accordingly, it is the intention
of the parties hereto to consider during
process, certain automobile disincentives the
ro and use approval
referred to as Transportation Demand MP grams commonly
(TDM's). Management systems
D. AFFORDABL HOUSDEVELOPMENT OBLIGATI
City shall assume all obligations and associated costs to develop the A S' The
Housing Component of the P Affordable
AH/PUD zone district. The Affordable Housing
Component shall be built within the parcel to be conveyed by nc the Landowner to
the City and within an adjacent area of the Burlingame
housing to be constructed shall be located in the geneal area within h. a the affordable
as illustrated in Exhibit "B"; the exact location to be determined during age
Planning and design. The City agrees that the conveyance of the acreage final
Landowner to the Cityg b
and the City's obligation to improve such land and plat
a1 the
into lots, fully satisfies all obligations of the
affordable housing Landowner to provide the
ing necessary to support its Free Market Component
development andthatsuch conveyance and method of sans fully complies with all applicable City housing and land use suchobligationsAspen/Pitkin County Housing Authorityre non and
Component shall be developed at a densityof no g greater
Affordable Housing
P g than 225 units. The
parties agree that the City is responsible for constructing the minimum number
of affordable housing bedrooms necessary
the AH/PUD zone district, based upon the 70/30 beedroom y with ratioreas seeforth iof
n
Exhibit G. The City retains the right, in its sole discretion to develop additional
units in
units up to the maximum of 225 units, including the Re referred to in Exhibit G. Required Affordable Units
The City's obligation to develop affordable housing units shall include faith effort to develop such units on a schedule commensurate de a good
development of free market units b the with the
Certificate of Occupancy for three (3) affordable housing unitst he City hall receive a
time each free market lot development receives final buildin r before the
such time as the City has developed the _ g inspections, until
required by the AH/PUD zone district. The developbmentf of the freehousing
residential lots shall not be delayed or hindered in any way in the event emarket
e City
fails to develop the affordable housing units in accordance with this Agreement.
E. -N—O DEVELOPMENT IN
CONSERVATION EASEMENTS T BASK BA AND
QN BURT:TNc -e-ML NCH. The City
shall not develop, or sell for development, the area depicted as the Back Bowl
10
Area on Exhibit B. The City shall place a conservation easement
dedicating the parcel to Open Space inperpetuity.City shall place conservation
easements to the benefit of the Ci
similar organization that prohibit furthermres residential dee Aspen Valley Land Trust or other
Burlingame Ranch east of State Highway 82," except development
the D Develon all of pment
Parcel, Parcel B the
( MAA housing project), Parcels C and D (US West and
Ventnor Avenue Housing projects) and a 150 foot wide strip toe of the
slope (whichever is wider) of the Burlingame or to the Ranch which adjoins highway The conservation easement shall be based upon a wildlife g a 82.
g
maintain the integrity of the Back Bowl Area. Such plan shall be develon to
ped
during the land use approval process.
F. D- In order to protect wildlife, ranch cattle, hors
livestock from harassment, the General Declarations of Cand other
es ovenants, Conditions
and Restrictions to be imposed on both the Free Market and Affordable Housing
Components shall include provisions and g
(other than farm dogs belonging to owners or penalties
of the 1Fatheringnership
t do
and specially trained service dogs for use by visually impairedpersons Parcel
Persons with other medical needs.) The respective homeowners associations
shall be required through appropriate covenants to vigorously enforce
restrictions. No dogs shall be allowed on the cabin site, including doss
belonging to the owners of the Fathering parcel. g
G. ;PARKS AND PLAN 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 an
City's recreation program nor shall the Cityschedule an or fields as part activities the
the City on these fields. Members of the homeowners association Organized
hall onve f
title to any such fields to the homeowners association of the Affordable Housing
Component with appropriate covenants ensuring maintenance and enforcement
Of regulations for their use. ment
H. JQINI PLAN-A—NNING OF THE PROPERTY PROPOSED T
ANNEX—ED. The parties recognizeO BE
that, notwithstanding their
regarding the development proposal and potential affordable housing obligations
set forth above, additional planning -and design willbe required before final land
use applications can be submitted to the Ciry's Community Development
Department. The parties hereto agree to cooperatively 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.
11
W
a.
fees C1-� Costs. The City shall be responsible for the cost o and preparing all documents and applications for the following fling
i • Pre -annexation Agreement
ii. Annexation Petition and plat.
iu. Rezoning Application for initial AH/PUD designations
and zoning code amendments.
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 responsible 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 (50150) basis.
C. Conservation Fasemen 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".. 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 in substantially the same
form as the document appended hereto as Exhibit "E".
d• Pu lic Trails. The parties agree that no public trails shall be
required to be dedicated or created within the Property Pro
Annexed, except that trails shall be located within
to be
in the rig posed
of the
entry road to the Burlingame Ranch from Stage Road to the Affordable
Housing. Component. . Exhibit "B", appended
es
location of all proposed trails. Said trails hallbe des gn dl and ustrat
the
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
by
the Aspen Valley Land Trust, connecting the uin Ranch lesen ynch to the
wned
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 partof the land review process for the project.
12
eCost of roads, ut�lrties and ails. 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 accommodate 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 t
Landowner shall reimburse City an additional one-third
of Landowners
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
be reimbursed the remaining amount of Landownersharer of the tot al
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 anntun 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 (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 Component and the Free Market Component, including the
Fathering Parcel, `including,
without 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 thent.
e
Fathering parcel, to the ECUs in the Affordable Housing
Compon Exhibit G shall be used to estimate the number of ECU's in
the Free
Market and Affordable Housing Components. Adjustments to the initial
charge for
the Free Market Component shall be made upon final
construction of all residences in the Free Market Component. "ECU"
An
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
Exhibit D. are shown on
.. _ -.
.., ,,.13
f• ccess and Ut ty Eas_entsThe access to the Affordable
Housing Component of the Development Plan shall be as shown on
Exhibit B. Landowner shall convey the easement shownaccess road right-of-way On Exhibit B and an underground utility easement to the
City. The right -of --way easement shall be a wide which shall accommodate a maximum of sixty (60 feet
road, parallel trail, and a berm with a
height of five feet above the adjacent finished grade of the road along the
boundary of the Free Market Component, or some other landscape
solution mutually acceptable to City and Landowner that is designed
through natural landscape design that considers protection of the adjacent
agricultural use from traffic impacts. The
the land use review process `to m parties e widthshall endeavor during
accommodate the uses Proposed epe ousos th right-of-way
of- ay to
design of the access road and its related components and landscaping
shall be developed through the land use approval process. The road shall
be built in accordance Marshal. with any requirements imposed by the Fire
2. SCHEDLTLL FOR ANNEXATION
a Upon execution by the parties of this Agreement, City shall, at its cost,
Prepare an annexation map of the Property Proposed a , Annexed.
b• Upon completion of the annexation Map, Landowner shall execute the
Petition to Annex appended hereto as Exhibit C. Said petition shall be
conditional upon the terms and conditions of this Agreement.
C. City shall prepare, at its cost, all requisite documents and applications
necessary to annex the Property Proposed to be P 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 1B above
(conditional upon annexation).
d• City shall initiate, at its cost, annexation and the re -zoning application in
accordance with the City's Land Use Code.
e• Upon conditional approval of the re -zoning application the City and
Landowner shall cooperatively and 'ointl ty
Provided for in this Agreement, an,applicatpion for atDevelopmentexpense,
Order as
for
both the Affordable Housing and Free Market Plan meeting all the requirements oComponents of the Development
f the Ciry's Land Use Code. The application
for a Development Order shall specifically state that all land use approvals shall
14
be conditional upon annexation of the Property Proposed to. be Annexed.
f Upon the granting of all requisite land use approvals by the Aspen City
Council, evidenced by the adoption of an appropriate Ordinance (conditional
Upon annexation of the Property proposed for Annexation) that is consistent
with the Development Plan, City shall annex the Property Proposed to be
Annexed into the municipal boundaries of the City.
g. 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 maintenance, stream bank disturbance mitigation, street st control construction, m asures,
setbacks, as -built drawings, fireplaces and woodstoves, residential 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 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. 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 thereafter 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.
15
4. CITY'S OBLGATION
a• Ci 's Obli anon with Resp
Sct to Ann a Ci agrees a
to ex the
Property Proposed to be Annexed provided all of the terms and ty conditions of ann
thus Agreement are met. The parties acknowledge that annexation and zoning
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 language to the contrary contained in this Agreement, no
assurances of annexation or zoning have been made o
Landowner. r relied upon by
b. Ci 's Obli ation with Re --SD Ct to Access. City shall provide sufficient legal
and physical vehicular and pedestrian access to the Burlingame Ranch and the
/X Ranch so that the development of the Affordable Housing and requisite Free
Market Components contemplated by this Agreement can be undertaken. If
sole cost and expense.
necessary, City shall utilize its condemnation powers to obtain such access at its
action to occur by City shallnot enter into any agreement nor permit any
it or third parties which will, or may, diminish or alter the
existing access rights and conditions 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 necessa
ry and written conveyances, agreements
is confirwhicmations1. o - such access rights from owners of land or easement
rights over h 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 responsible for
Providing the minimum number of affordable housing unitsnecessary for the
free market development to comply with the requirements of the AH/PUD zone
district.
5. LAND0WNEf2'S RE Dy FOR DEF_TJ T BY CITY.
a. In the event that, any action herein contemplated is not taken by the Ciry, then Landowner's remedies for the breach hereof may include the withdrawal of
the annexation petition by Landowner, the right to reimbursement for
Landowner's costs' and fees, including reasonable attorney fees, incurred in the
negotiation, draftvng and/or Landowner's performance of this Agreement or in
Landowner's performance of any acts required of City hereunder and all the
costs incurred as a result of City's breach, including,
preparation and processing the
of the development plan and any 1attornt o ,fees
16
10. GOVERNING LAW
AND ENFORCI�T 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
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 understood 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. d
11. ADDITIONAL DOCUMENTS OR additional dACAC_,_TION. The parties agree to execute any
Agreement.ocuments or take any additional action that is necessary to carry out this
..
12. EXECLTTLON 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. IThe captions of the paragraphs are set forth only
for the convenience and reference of the parties and are not intended in any wa to
define, limit or describe the scope or intent of this Agreement. y
14. INTEG_N 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. ASSIGNMEN
T. All or part. of the rights, obligations or responsibilities set
forthin in this Agreement may be assigned by the Landowner to an entity in which the
Landowner or its affiliates have an interest, without requiring the consent of the City.
16. SEVERABILI'Ty, Invalidation of any of the provisions of this Agreement or
any paragraph sentence, clause, phrase, or word herein or the application thereof in any ion of this
given circumstance shall not affect the validity of any other provis
Agreement, except that if such invalidation diminishes the rights Landowner may elect to terminate this of Landowner,
Agreement and render it null and void.
17. RECORDATION a AGREEIVIENT - T
City shall record this Agreement with the Clerk d RecorRUN der; THE LAND. The
tkin
County. The City shall pay the reasonable cost of recordation of this Agreement Office of P1The
18
terms, conditions, rights and benefits of this agreement shall run with the lands to be
annexed hereunder.
18.INCORPORATInN OF EXHIBITS. Unless otherwise stated in
Agreement, exhibits referenced in this Agreement shall this
incorporated into this
Agreement for all purposes.
be
19. ACTIONS AQAINST ANNEXATION AND"DEVELOPMENT. In
that any person, corporation, special district, municipal or coon the event
other entity or person.asserts any claim against the City,�' government, or any
its officials, or employees
Pursuant to the provisions of the Colorado Munic
101 et sipal Annexation Act, C.R.S. § 31-12-
eq., or asserts any other claim, based on any theory of last, 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
voiding the annexation or reach another means Ofsettlement of t the entry laims, provide ty the court Of an order
no
consent to an order voiding the annexation or settlement which adversely affects tthe
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 referendum or initiative,
or is subjected to a judicial court proceeding, all provisions of this A
with the duties and obligatiogreement, together
ns of each party, shall be suspended pending the outcome
of the election or court proceeding g .(including any appeals). If the referendum,
initiative, 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.
19
21. CITIZEN MANAGEMENT OF GROWTH INITIATIVE. The parties hereto
are aware that a citizen initiative entitled the "Citizen Management of Growth"
initiative has been proposed for the November, 2000, state election. If the electorate of
the state of Colorado approves that initiative, it may have an impact upon the schedule,
Procedures, steps and development plan as set forth in this Pre -annexation Agreement.
Accordingly, the parties hereto hereby agree that in the event that the electorate
approves the Citizen Management of Growth initiative and that the state Constitution is
amended as proposed in the initiative, that this Pre-
amended, as needed, annexation Agreement shall be
to comply with the requirements of the initiative.
22. 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
free and clear of all encumbrances whatsoever which would impair the `usepof 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 conve conveyed to the City 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 aproposed or
s which would make the dedications or conveyances -unacceptable, the may
take
whatever action or seek whatever, remedies it deems advisable, including without
limitation disconnection from the City of the property Proposed to be Annexed, if
already annexed into the
City, .withholding of any development reviews, or declaring
this Agreement null and void ho
against Landowner.wever City shall not have any right to seek damages
..
23. PROPERTY TAX VALUATION. Any owner of a lot within the Free Market
Component, other than lots within the Fathering Parcel, who improves a lot or on for .lots with
residential improvements which result in a new property
such lot
or lots based on a change of use from agricultural t dennaashall be forever barred
from subsequently applying for reclassification of such lot or lots to anything other than
a "residential real property, category for ro e
P P rtY tax valuation and assessment
purposes, as's"uch term is defined and applied in Section 39-1-102, et seq., C.R.S.
20
,.t:U*ts ht.bx .fca:tFi 4.r f.+:.
CITY OF ASPEN; a municipal corpora ' n
ATTEST: APPROVED AS TO FORM:
i�M
City Clerk
y �imey
LANDOWNER
Bar/X LLC, a Colorado Limited Liability Company
BY Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust.
STATE OF COLORADO )
COUNTY OF PITKIN )ss.
Acknowledged before me this day of
in his/her capacity as 200b�1 by
of
Notary
My commission expires:
COMMbdConolvimp
Natty ftbft Cc Rift
L= coin,
21CortYn.f2uf 17.p4
i
f
LIST OF EXHIBITS
A - Legal description of -/X Ranch proposed to be annexed
B - Map of area including Back Bowl and Zoline -/X Ranch
C - Petition to Annex - (Standard City. of Aspen petition for annexation)
D - Utility Location Map
E - Conservation Easement - (To be drafted as part of land use process)
F. Water Service Agreement
G. - Estimate of ECU's and Assumptions Regarding Cost Allocation - as part of land use process) (To be dra fled
JPW-07/11/2000-Crljohnlwordlagr\zoline-pre-7-'I1-OO.doc
�rnn� hk - preannex-f-9-5-00-rev9-28-00 ,
� f-10-25-00
23
LOCATED OVER PORTIONS OF SECTIONS 2 AND 11, TOWNSHIP 10 SOUTF{ �'I
PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, BEING DESCRIBED AS WEST
O
. RANGE 85 WEST OF THE 6th
BEGINNING at a point on the Easterly Right -of -Way line of Colorado State Highway No. 82 (Project Number S0821-05
Unit 1) said point being the Northeasterly comer of Parcel No. 120, Pro ect Code 12269 of the Colorado De
Transportation, from whence the 1/4 Comer common to said Sections and 11 bears North 10°25'20" East, 708.43 feof
et
and is monuntented by a 3-1/4" Brass Cap on a 2" steel pipe in a mound of stones, stamped "U.S. Cadastrala08.43 e
Bureau of Land Management 114 S21S11 1954";
Survey
thence, along said Easterly Right -of -Way line, North 60 10'52" West, 177 27 leaf; thence, leaving said Easte c�
Way line, along the Easterly line of Goif Course Parcel A", as shown on Final Pit; then P.U.a for Maroon Creek Club,
recorded in Plat Book 33, g Creek Ri Club,
Records
-North 01'48'31" East, 915.89gfeet• North 35 3 27" Vlfest 724.96 feietCand North 08'Othrough athe st, 762 following feet t courses -
on nthe Southerly line of Stage Road; as shown on unmIddrded survey for Joe Zoline Prepared by Scarrow and Walker, t
r Ina dated February 18, 1991, -
r thence, along said Southerly tine, South 89°14'S2" West, 862.11.feet to the Southe
line as refered to In deed recorded in Book 351 a 144 of the Prtkin County dy Prolongation of the existing fence
ty Records;
thence, along said fence line, its Southerly prolongation, and the. Northe
hereinabove described, through the following courses_ rtY continuation of the fence as it has been
North 01 es 5 2 East t; Nor feet North 02'02 27" East, 109 93 feet• North 00°1927" East, 298.14 feet; North 00°
10 -0 West North feet; North 0' - 43"East 176.55 feet; North 00*1 V54" West, 242.47 feet; North 19°20'26" West
106 07 feet 1 North West
58-44""Vlfast, 52.44 feet; North 22*1 V10" West, 127.60 feet; North 20°48'24" West, 89.09 feet;
North 120.06 fee
West, 58.92 feet North 17°70'46" West, 24.94 feet; North O6.17'20" Wes
East, orth 1 feet; North 02.53'04" East, 185.29 feet North 03°3527" East, 202.25 fear North 03°56'25' East; 196.99
feet; North 11.4T31"East 113.32 feet; .North 13'et, N Ea t North
0 feet North 01°96.99
line of Lots 6 S 7 of said Secton 2, st. 0.34 feet to said fence's intersection with the Northerly
thence, along said Northerly line, South 88.15'48" East, 1470.20 feet to an'
25.00 feet Westerly of when measured at right angles to, the West Bank of Maroon Creek
1Mersection with a fine which is parallel to and
page 481, said Pitkin County Records; ,per deed filed in Book.166,
thence along said parallel line through the followin�q courses
South 4T16'S6" East, 93.51 feet; South 40°44'00 East, 99.92 "
40'59" East, 51.42 feet; South 43°12 00 East, 75.48 feet;' South 26°
38'15" East,
South 2 East,
27.37 feet; 50" East, 82.66 feet; South 44*111East, 78.16 feet; South 70°00'04" East, 104.72 feet; South50°
South West 48" East, 56.82 feet; 'South 29°58'10" WestS4 56 feet South 76°08'32" West, 43 65 feet; South
46'52" West 118.50 feet
South 9. 5feet East, 92.53 feet South 07°32'08" East,"36 99 feet; South 52°15,52"East, 34.18 feet; South 11009'08"
East, 24'5 feet
South East, 170 East, 160.49 feet North 82.30'12 East, 92,23 feet; North 66 4V51
48'00" East, 170.52 feet; " East,.24.39 feet; South 12°
South EastWest83. ; 10 feeSo
54'49" East, uth 07.05'08" East, 34.83 feet; South 00°01'32" West, 45.24 feet; South 18•
, 72.69 feet t;
SouthSouth East, 43" East,7511 feet; South 13'40'31"West; 4718feet; South 04°1T31"East, 66,15 feet; South.08°
East, 13" Ea feet
South 04°29156" West, 65.63
09'35"• West, 28.08 feet � South 05°54'39" East, 34,46 feet; South 20°5018";Wes t, 88:41 feel; South, 02°
South 5W2East 59" West, 34.41 feet; South 12°35'25" West, 80.60 feet South 15°11'24" West,
South East 30.10 feet; ' 30.24 feet; South 14•
Easth 3.55feet. East, 49.45 feet. South 33°44'33" East, 3140 feet East, 72.55 feet; et: Souttt25°5T56"East, 65.95 feet; South 15°52'18"
South 07°20'49" West 27.44 feet, South 45°10'43" West, 20 69
1"0" East, 36.47 feet; � South 32°45'51" West, 51.58 feet South 02°
South 08'34 fee West, 19.54 feet;'South 08°75'44? East 25.11 feet; South 13°20'02" East, 27.63 feet; South 31'23'52"
East,` 113.34 feet:
56"
South'West, 6.6 feet.19.09 feet South 14°O6'83" West11 ., 60 96 feet;: South.11 *55116" East, 57.1.6 feet: South. 08^
0T37"Vlrest, 5.56 feet;
North West West, 21.47 feet North 86°08'02". West, 47.08 feet; South53 1948" West, 28.16:feet; South 76°
North West, 36.92 feet;
.
SOS 12°43'14" West 40.76 feet; South 32°4f'52" West;:99 52 feet; South 01 °29'59" East, 44.65 feet to a point on a
non -tangent, 4 " e foot
us curve concave
ine to
central angle of 33°27 25" East, length olf 233.57 feet; t; Point gent toars outh 78*4P40" East said curve, outh 20°75'0 " said curve, the Northerly line of that certain parcel of land described in Book 228, page 590, a doFltid Col ntgg,, Records;
fo through a
5 East , 63.87 feet to a point on
P
thence, along said Northerly line, and the Westerly Tine of said certain area[, through the following courses:
p
North 88°4 est West, feet, fo et,'to a point hereinaRer refered to as Point "A"; thence' continuing along said line, North
88°4T53" West, 142.88 feet, South 06°25'S7" West; 295.40`feet; South 17°18'06" 1Nest, 66.38
West, 94.16 feet; and South 26°52'06" West, 124.81 feet to a point on the Northerly line of Lot 27 of said Section 2, said
point also being the Northeast corner of that certain pparcel of land described South 11 °15' 16"
!n a deed recorded in Book 335, page 468, said Pltkin County Records;
_thence, along the East line of last said certain parcel South 21.16'53" West, 636.61 feet to a
Lot 1, Aspen Golf Course Subdivision, per plat filed in Book 17, page 35, sold Pi'61 County RPe rontrn the Westerly line of
tkinthence, along said Westerly line through the following courses: South 00°13'15" East, 150.65 feet; South 01.04'50"
West, 84.63 feet; South 07°20'14" West, 166.04 feet; and South 24'59'36" West, 5.56 feet to the POINT OF
J
EXHIBIT B -'/- _------NrcN—
x-- — --���_
=" 1 ��' LsoToor,■AnROMNwFFWAraww. .
SCALE 1" 400' NORTH-� --� --_r-
\\ I / TnEaxaE
ASPEN AIRPORT BUStWES NTER\
NOuwIG I I
CREEK CLUB HOUSING
MRCAD�� �l �I ❑I
� I
i MAROON 1
CLUB
A9@L VALLEYSOLDNER / I
LAND TRt5T
D
RDAD
va i
/ CITY OF ASPEN
/ (LEASE TO MAROON CREEK CLUB
FOR GOLF COURSE) RDAD
Rm eurrE nANCN
weorvwoN
�Rweav■YmAIE
mrmRucnw
E
MARDoN CRLHL I J Cvunwcnou Tp O, �AFFro"■+RF
LEGEND
- W.
FARCFI CONEERVATDN UFDAD' AM CAIDYL - - nMODFFaeA
- WRIRJGAMF WAGE •� -'^ .• . � MMOON CRFCREEK
/ C. _�_ VJ lx RANCNDEV9O",EW I � , ( �/
.� _ _ _ ■URIJHGAHE FAST DP/BOFMFNT FARCa WMDMY I \, ///�O '... _ /, �\ .
MAROON CREEK VIEWPLANE
MOM" �DAWA OUTION DEVROP19W FARM1�-----�./�J \) RED XI„E
f�\ gIOPOSFD MIFF MARREF /R)MESLTB I / SUBD
1 p}gMRgWf1Jl gn.PfSiottcaaFwlC'IIGMI NARVEY
- WAN VMWARLG AREk { ROARW MW RAtR
6 Da G NALOMGS NOTE: LOT ROUND/RUM ACRFAM AND NOMFFMF L.00ATDHS ARE AMRO%MATE AND A1RjFCF TO REVISION ■EH]RE SUWmION OF A OFYELOMIBJT MAN
! :aj
a
PETITION FOR ANNEXATION
TO THE CITY OF ASPEN, COLORADO;
The undersigned ("Petitioner"), this S' day of scrnr.&,t 2000, hereby
petitions ("Petition" the City of Aspen, Colorado, to annex to the City of Aspen, the
unincorporated territory located in the County of Pithin, State of Colorado, described as
set forth on Exhibit A attached hereto and incorporated herein by reference ("Annexation
Property"). In.support of this Petition, Petitioner alleges that:
1. It is desirable and necessary that the Annexation Property be annexed
to the City of Aspen, Colorado.
2, The requirements of Section 31-12-104 and 31-12-105 Colorado
Revised Statutes ("C.R.S. ")exist or have been met.
3. A community of interest exists between the Annexation Property and the
City of Aspen, Colorado.
4. The Annexation Property is urban or will be urbanized in the near
future and the Annexation Property is integrated with or is capable of being integrated
with the City of Aspen, Colorado.
5. Not less than one -sixth (116) of the perimeter of the Annexation Property
is contiguous with the City of Aspen, Colorado.
6. The signer of this Petitic` !" Imprises more than fifty percent (50%) of the
landowners in the Annexation Property ,4 ,g more than fifty percent (50%) of the
Annexation Property, exclusive of streets anal ileys; and the signer of this Petition hereby
consents to the establishment of the boundaries of the Annexation Property as shown on
the annexation plat submitted herewith.
7. The signer of this Petition comprises the owner of one hundred percent
(10001,) of the Annexation Property.
S. The Annexation Property is not presently a part of any incorporated
city, city and county, or town; nor have any proceedings been commenced for
incorporation or annexation of an area that is part or all of the Annexation Property; nor
has any election for annexation of the Annexation Property or substantially the same
territory to the City of Aspen, Colorado been held. within the twelve (12) months
immediately preceding the filing.of this Petition.
9. The proposed annexation will not result in detachment of area from
any school district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the
Annexed Property held in identical ownership, at least fifty percent (50101o) of which are
within the three (3) mile limit, the proposed annexation will not extend the municipal
boundary of the City of Aspen more than three (3) miles in any direction from any point
of the current municipal boundary.
11. The proposed annexation will not result in the denial of reasonable
access to any landowner, owner of an easement, or owner of a franchise adjoining a
platted street or alley which has been annexed by the City of Aspen but is not bounded on
both sides by the City of Aspen.
12. In establishing the boundaries of the Annexation Property, no land
which is held in identical ownership, whether consisting of a single tractor parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the
written consent of the landowner or landowners thereof; or
(b) comprising twenty (20) acres or more and together with
buildings and improvements situate thereon having a valuation for assessment i e
excess of $200,000.00 for ad valorem tax purposes for the year next preceding the
proposed annexation, is included in the Annexation Property without the written
consent of the landowner or landowners.
13. The legal description of the land owned by the signer of this Petition
is set forth underneath I the name of such Petitioner. on Exhibit B, attached hereto and
incorporated herein by this reference. As more particularly described on Exhibit B, the
land owned by petitioner BarW Ranch, LLC ("Bar/X Property") constitutes one hundred
percent (100%) of the Annexation Property pursuant to Section 31-12-107(1)(g) of the
Annexation Act.
14, The affidavit of the circulator of this Petition certifying that each
signature on this Petition is the signature of the person whose name it purports to be and
certifying the accuracy of the date of such signature is attached hereto as Exhibit C and
is incorporated herein by this reference.
15. This Petition is accompanied by four prints of an annexation map
containing, among other things, the following information:
(a) A written legal description of the boundaries of the
Annexation Property; .
(b) A map showing the boundary of the Annexation Property;
(c) Within the annexation bour.r?w�y .map, a. showing of the
location of each ownership tract in unplatted land o d, if part or all of the area is
platted, the boundaries and the plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Annexation Property, a drawing
of the cdntiguous boundary of the annexing municipality abutting the Annexation
Property.
16. The Petitioner requests. that the City of Aspen institute the zoning
approval process for the Annexed Property in accordance with C.R.S. Section 31-12-115
and Sections of the Land Use Code of the City of Aspen, and that the
City approve and execute an annexation and development agreement ("Annexation and
Development Agreement") which establishes vested property rights for the Annexation
Property and otherwise establishes the development plan for the Annexation Property in
accordance with the Pre -annexation Agreement dated , 2000, executed between
Petitioner and the City (the' "Pre -annexation Agreement").
17. The signer of this Petition hereby reserves the right to withdraw this
Petition at any point prior to the later to occur of (i) thirty-five (35) days after the
effective date of a final ordinance approving the Annexation and DevelopmentAgreement
pursuant to applicable provisions of the City Code of the City of Aspen, and C.R.S.
Section 24-68-101 et seq.; (ii) three days after the expiration of the time period prescribed
by the Charter of the City of Aspen for filing a referendum petition challenging the
ordinance approving the annexation; NO any later date provided for in such Annexation
and Development Agreement; (iv) thirty-five days after the date of final approval by the
City of a site specific development plan for the. Annexation Property; or (v) in the event
that the City of Aspen and/or Pitkin County fail to include the Annexed Property within
their respective delineated "Committed Areas" on or before December 31, 2001, pursuant
to the terms of the proposed consttuttona amend
men t;'corrdriionly referred to as "Citizen
Management of Growth," should the same be adopted by the voters of Colorado in the
2000 General Election. Neither the City nor the Petitioner shall cause the occurrence of
the conditions necessary to the effectiveness of this annexation pursuant to 31-12-113
(2)(a)(I)(17) C.R.S. by recordation of the annexation ordinance and annexation maps, until
the expiration of the latest of the foregoing enumerated events.
18. Upon the annexation ordinance becoming effective, and subject to the
conditions set forth in this Petition and in the Annexation and Developm<entAgreement,
2
the Annexation Property shall become subject to all ordinances, resolutions, rules and
regulations of the City of Aspen, except as otherwise set forth in the Annexation and
DevelopmentAgreement, and except for general property taxes of the City of Aspen which
shall become effective on January 1 of the next succeeding year followingpassage of the
annexation ordinance.
19. This Petition is filed on the condition .that, concurrently with its
approval of annexation.of the Annexation Property: (i) the City of Aspen approve zoning
Of the Annexation Property that is substantially consistent with the application for zoning
approval which Petitioner will submit following the City of Aspen making the required
finding of this Petition's substantial compliance with the requirements of the Annexation
Act, • and (ii) the City of Aspen approve and authorize execution of the Annexation and
DevelopmentAgreement consistent with the Pre -annexation Agreement, and (iii) the final
approval by the City of a site specific development plan for the Annexation Property
consistent with the Pre -Annexation Agreement.
20. Except for the terms and conditions of this Petition and of the
Annexation and Development Agreement as made subject to the terms hereof, which terms
and conditions Petitioner expressly approves and which therefore do not constitute an
imposition of additional terms and conditions within the meaning of C.R.S.
Section 31-12-107(1)(g), no additional terms and conditions shall be imposed upon
annexation of the Annexation Property to the City of Aspen.
THEREFORE, Petitioner requests that the City Council of the City of
Aspen, Colorado complete and approve the annexation of the Annexation Property,
pursuant to the provisions of the Annexation Act.
Respectfully submitted this 8 day of Ser-r wA&a , 2000_
eionat„re of Lando rvnar/Petitioner: Bar/X Ranch LLC, a Colorado limited liability
w cgmpa Ey " ..
$y; �� ,, n v Bras its M wI►G;N� /1/Crt2x
,%J
- C% T SvRuwa;t3 Tda.ti! 6'�-0
By:
Name:
Title:
Date of Signature: Sol * -P ado
Mailing Address: e% Herbert S. Klein, Esq., 201 North Mill Street, Suite 203, Aspen,
CO 81611
Resident of the Annexation Property? NO
LEGAL DESCRIPTION'
BARM RANCH
PARCEL 1
LOCATED OVER PORTIONS OF SECTIONS 2 AND 11, TOWNSHIP 10SOUTH, RANGE 85VVEST OFTHE
Offi7.051 Unit 1 said point being the Northt-cf-W. STATE OF COLORADO, LNG DESCRIBED WS
ft PRINCIPAL MERIDIAN COUNTY OF PIT ..
BEGINNING at a point on the Fasbrly Right-af-Way brae oI- obnado Sate Highway No. ffi (Prt'ijed Number
j rty corner of Parcel No. 120, Project Code 12289 of the Colorado
Department of Transportation, from whence the 114 Comer convirion to said Sections 2 and 11 bears
North 10'2570" East, 708.43 feet and is mcournnNed by a 3-114" &ass Cop bh a 2" steel pipe in a mound of
stones, stamped "U.S Cadastral Survey Bureau of Land Management 114 S21S11 1954";
thence. along said Easterly Right -of -Way line, North 80'11057' West 177.77 feet
thence, leaving said Easterly Right -of -Way line, along the Easterly line of Goff Course Parcel "A", as shown on
Final Plat and P.U.D. for Maroon Creek Club, recorded in Plat Book 33, pages A through 15, inclusive, ofthe
Pekin County Records throuphiare follof+irg oourses:....
North 01'48'31" East 915.89 feet; North 35'3112T' West 724.96 feet and North 08'W25" East 76233 feello
is shower by
on the Southerly line of Stage Road, as shOn unrecorded survey for Joe Zoline prepared b/ 'arcav '
and Walker. Inc. dated February 111,1991;
thence, along said Southerly line, South 89'14'S7 Waal 80211 feat, tote Southerly reb prlpeltardthaeclumng
fence line as retered to in deed recorded in.Bpoi papa 144 of fate PitltinCotrtty RaoardR
thence, along said fence line, its Southerly prolongation, and the Northerly continuation of ihefwm a It has
been hereinabove described, through the following eotssas:
North 01'01'5W EasL 20209 feet: North 0210727" East 109.93 feet North 00"11727" East 298.14 feet
North 00°41'S3" West 62.14 feet North 02W43" East 170.65 feet North 00'11'64' West 242,17 feet
North 19'20'28" West 106.07 feet North 24'38'44" West, 52-44 fact North 22'11'10" West 127.80 feet
North 20'48'24" West So.06 feet; North 25"N'le\Nei( 58.92 feet North 17'1046' West 24.94 fret
North 06'1720" West 40.52 feet North 01'1i725' Eest 120.961eet North 02'STd4" Fast 18&i.29 feet
North 03'95'2T East 202.25 tact North 03W2S'"Ead 198.98 feet North 11'41'31" East 113.32ftet
North 13'S0'57' Fast, 0.34 feet to said fence's intersaetion with the Northerly line of Lob 6 8 7 of said Section 7
thence, along said Northerly line, South llIVIV48" East 1470.20 feet to an intersection with a 1inevhich is Peraw
to and 25.00 featWestariy of, when measured at rightangles tit, the West Bank of Maroon Creek par deed filed
in Book 166, page 461, said Piticin County Records: _... .
thence, along said parallel line through the follov" Courses'. -
South 47"1656" Esst 93.61 (set South 40"44'00" East 09.92 feet, South 43"170tT East, 75.48 bet
South 28'40'S9" East 51 42 feet, South 29 29'19" East 62 Be feet South 44-11'50- East 78.16 bet
South 70'00'04" East 104.72 feet South 50'W"5" East 27.37 feet _South 01'16'46" East 56.82feet
South 29'ST10' West 34.56 feet South 76'08'37 West 43.65 feet South 00648'67 West, 118-50feet
South 24 05114" East 92.53 feet South 07"32 W' East 36.99 feet South 52'15'57' East 34.18111
South 11*1908" East, 79.45 feet South 40-07'51' East 180,49 feet, North 82'30'17 East, t7223 feet
North 86'41'S1" East 24.39 feet South 174600`East,1uth70.52 feet So08'1143" Weat83.10feet
South 07'WO8"East 34.83 feet South o0'01'37 West, 45.24 feet Souf 18'S4'49" East 7289feet
Sarah 10'SV43".East, 76.11 feet South 13'4011'West 47,18 feet South 04'1781" East 66.15bd
South 06�20'24" East, 136.42 feet South 04'29'S6"West 85.63 feet South 05'5419" East, 34.46 feet
20°5018" West 88.41 feet South 02'W35" West 28.08 feet South 53WSV West, 34.41 feet
Seth
South 20W00.90 feet South 15'1 t'24" West 30.24 feet South 14*51'24* East 3010feet
"25"West
Seth 30'3e'S5" East 49.45 feet South 33'44 33" East, 31.40 feet South 25'5T56" East e5.95 feet
South 15*5718" East 72.55 feet South 07'20'49" West 27 44 feet South 45'1043" West 2p.69bet
South 32`45'S1" West 51.58 feet South 02'19'30" East 36.47 feet South 08'S0'53" West 19:54 feet
South 08-15'44" East 25.11 feet South 13'20`07 East 27.03 feet: South 31'23'57' East,113.34 feet
South DO'17'56' East 19.09 feet, Seth 14*Wr53" West 80.96 feet South 11'55'16" East, 57.16 feet
South 08'0T3T' West 5.58 feet, North 39°20'13" Wiest 21,47 feet North 86'W'02" West 47.06 feet
South 53"19'46" West 28.16 feet South 76'OT5T Walt 3092 feet, South 1214314" West, 40.76teet
South 32.41'52' West, 99.52 feet, South 01'29'S9" East 44.66 feet to a point on a non -tangent 400.00 foot
radius Curve concave East, a radial line to said point bean South 76474W East Southerly along said curve,
through a central angle of 33°2725r a length of 233.57 feet tangent tit said Curve, South 20*1 SW East, 63.87
feet to a point on the Northerly line d that certain parcel of land describedin Book 228, Pape 590, said
Pitkin County Records;
thence, along said Northerly line, and the Westerly line of said certain parcel, through the f OmV Courses:
North 88.4-red' West 18e.92 feet to a point hereinafter refered to as Point "A`, thence continuing along said
Pure, North 88'A753' West, 14218 feet South 06-W57i' Wei(, 20640 feet South 17'18'W' Walt 66.38 feet
Seth 11 *15,161, West. 9A 16 feet, and South 28'671)e" Wfacti , 124 ii feet to a point on the Nort arty line
of Lot 27 of said Section.2, said point also being '' Noritieeat corner of that Certain parcel of lard described
in a deed recorded I.p I3ook_335, page 468, said Pff in County Records;
Was" of
the East line of last said certain pared South 21'1853r Wiest SW 81 feet b a point on the
line Lot 1, Aspen Golf Course Subdivision, per plat ffledin Book 17, page A said Pitkin County
Records�
thence, along said Westerly fine through the follow" courses'
South 00'13'15" East 150.65 feet South 01'04'50" West 84.83 feet., South 07 2014" West 106.04 feet
and South 24'5036' West 5.56 feet to the POINT OF BEGINNING.
The hereinabove described Pared oorMaining 142.465 Acres, more or lam -
EXCEPTING THEREFROM a strip of land 30.00 feet in width, as defined in deed recorded in Boole 166,
page 481, said Pitkin County Records, and repositioned by virtue of this survey, lying 15.0D fed on Cher
side of the folloving described line:
Beginning at hereinabove describe Point"A'; thence, North 07'50'30" East 23370feet
thence, North 03'51'30" West 250.40 feet thence, North D4'5V30' West 151.80bet
thence, North 03'44F3C" Fast 233.40 feet; thence, North 77'22W' West, 30.90 test
thence. South 31'3730" West 38.00 feet thence, South 81'373U' West 109.00 feet m the
terminus of said ship.
The heremabove described Parcel containing 0.721 Acres, more or less.
The heremabove described Bar1X Ranch Parcel 1, contains 141.744 Acres, more or less.
As shown hereon and by thin rderenw made a part hereof
PARCEL2
LOCATED'OVER A PORTION OF SECTION 2, TOWNSHIP 10SOUTH, RANGE 85MST OF THEft
PRINCIPAL MERIDIAN, COUNTY.OF'PITKIN", STATE OF COLORADO, BEING DESCRIBED ASFOLLOWS
BEGINNING at the Southeast Corner df Lai S. said Seotiort Z "
thence, along the South Line of said Lot 5, North 88*1 V48" West' 436.30 feet to said South Line's Feersectiai with
the Northerly continuation of the existing fence line as refered to in deed recorded in Book 351. page 144 dhhe Pilkin
County Records,
thence, along said fence line through the following rmuraea:
North 13"50'57" East, 114.50 feet North 12°44'S8" East, 254.79 feel; and North 12Wiie East 28195'%d
to the top of a steep slope above the Roaring Fork River;
thence, leaving said fence line, along said top of slope through the fdbv4rp courses:
South 59"34'09" East, 09.27 feet to a point on a non -tangent 1000.W foot radius curve conave Southwest
a radial line to said pomt tears North 57'1253" East Southeasteriyalong said erve; fit high a car fret angle
"
of 10'165Y' a length of 179,45 feet South 07`11.',W East W.03 feet; South 21'1 V1 T' East 44.53 feet
South 05°31'10" West, 32.00 feet South 10'320q East. 45.00 feet"to the beginning of s tangent 40.00 fool
radius curve concave Northeast Southerly, Southeasterly. Easterly and Northeasterly along sad curve, through
-
a central angle of 109`11'30" a length of 76.23 feet South 25°20'41" FasL 42.24 feet; South 35'07X' East
43.07 feet South 20'30'32' East 50.20 feet and South 27"41'IV East" 17.40 feet to said top dsbpes
.
intersection with the East Line of said Lot 5;
thence, along said Es Una South 4'08'57' West 135.85 feet to the, POINT OF BEGINNING
The hereinabove, described SarfX Ranch Parcel 2, t ontaft 3,915 Acres. more or Nits.
As shown hereon and by this reference mode a part hared.
-
PARCEL 3
LOCATED OVER A PORTION "OF SECTION 2, TOWNSHIP 10SOUTH, RANGE05 WEST OF THEft
PRINCIPAL MERIDIAN, COUNTY OF'PITKiN. STATE OF COLORADO, BEING DESCRISEO'AS'FOLLDWS.
BEGINNING at the Southwest Corner of Lot 4, said Section 2,
thence, along the West Line of said Lot 4, North 4 W57' East 135.85 feet to the top of a steep slope above the
Roaring Fork River,
thence, leaving said West tine, along said top of slope through the folbNing courses:
South 27'41'19" East, 12.62 feet South 58'S4'4V' East 59.52 feet South 38`17'S7' East 50.81 feet
South 57°5 OV' East 47.30 feet end South 181835" East 34.05 feet to said top of slope* intersection
with the South 1:ini of said Lot4;
thence, a" said South line, North W'15'48" West 149.37 feet to the POINT OF BEGINNNG.
The herainabwe described Bar.'X Ranch Parcel 3, contains 0.2e2 Acres, not or loss
EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation. of
lands to the City of Aspen, consisting of pages, including this page, and that the
signature of -,,q2 /NKa 4 thereon was witnessed by the circulator and is
the true and original signature of the person whose name it purports to be, and that the
date of such signature is correct.
Circulator
STATE OF _W Vd f IXJ T )
) ss.
COUNTYOF 7� /rAJ )
The f�o,regoing AFFI AWT OF CIRCULATOR was subscribed and sworn to before
me this 1 i .day ofc 2000, by ) (/-O /d(JC�7
Witness my hand and official seal.
My commission expires:
.. ..
Notary Public
cwa- pwrrnieuc
*O �
- rma Segembr It m
I
zolin&etition.l
Final Execution Copy 5-9-01 I 48 1 �09 19
I I of
I 0 I 4/ I SI I LVIq DgVIS PITKIN O.eCOUNTY CO R 96,00 22/20.0 10.47q
Exhibit F to Pre -annexation Agreement e
WATER SERVICE AGREEMENT
Water service shall be provided to the -/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 20 acres in size,
and certain irrigation requirements of the Property all as set forth in the 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 Property to be Annexed will be annexed to the City pursuant to the
parties' pre -annexation agreement; and
WHEREAS, -lx Ranch, LLC, (hereinafter "Landowner") plans to develop the Free
Market Component and the Fathering Parcel of the Property to be Annexed as described
in Paragraph 1(C)(1) of the pre -annexation agreement ( the "Free Market Area "); and
WHEREAS, the City of Aspen (hereinafter "City" or "the City")
Affordable Housing Component of the Project described in parag aphn1(D) of the pre -
annexation agreement, in the area depicted on Exhibit "B" to the pre -annexation agreement
(the "Affordable Housing Area"); and
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, waterservice forthe Project will require the construction and installation
of certain water mains, lines and related facilities as described in this Agreement; and
WHEREAS, the City has agreed to design and construct, at its own cost, subject to
the cost sharing provisions of this Agreement, 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
extraterritorially; 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
1 Waler Sernice Agreement (new developmem) 12197 (Rev. 06-98) 1
I481709
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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 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 Agreement in such
quantities and to the extent herein provided so as to serve the structures and uses
authorized by the 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. Pursuant to this
Agreement, the City shall provide treated water service adequate to meet the approved
demands and uses of the Project, provided, however, that the City shall not be required
to supplywaterto serve more than 78.2 ECUs forthe Free Market, Fathering Parcel, Cabin
and Ranch Manager lot components of the Project (hereinafter "Private Project Compo-
nent"), and further provided, that the maximum volume of treated water the City shall be
exceed 32 acre-feet per year. Only those structures and uses approved by the
required to provide to the Private Project Component pursuant to this Agreement shall not
Cityforthe
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") being 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 geograph-
ical boundaries while also promoting environmental 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 consolidated 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 efs 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
Wafer Service Agreement (neiv developmew) 12197 (Rev. 06-98) 2
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: 3 of IsFinal Execution Copy 5_ _01loll 1111111111111111111111111111111111111111111111 04i22i2003
BILVIA DAVIS PITKIN 10.47A
COUNTY CO R 96.00 D 0.00
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 cfs 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
l
Private Project Component has not been recorded by December 31, 2003, uness that
as de
deadline is delayed by mutual agreement of the parties or by force ma fined in
paragraph 29 below, in which case the deadline shall be extended by the same number
of days as the force Ma delay that prevented recording of the plat.
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 accordance 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 provisions in paragraph
Component, that cannot be shared with the Private Project Component will be the
6 below. (Water mains, lines and infrastructure required to serve the Public P oject
sole responsibility, as set forth in paragraph 5 below.) City's
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 for the Public
Project Component and the Private Project Component ("Shared") shall be shared on the
basis that 78.2 ECUs bear to the total ECUs within the Project (a fractional formula where
the numerator is 78.2 ECUs and the denominator is 78.2 ECUs plus the maximum number
of ECUs to be used within the Public Project Component). The Public Project Component
is estimated to be 225 units, at an estimated 1 ECU per unit, representing 75% of the total
ECUs. Adjustments may be made as noted in the Pre -Annexation Agreement, but in no
event shall the Landowner's responsibility be greater than 25% of such "Shared" costs.
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 described 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
Water Service Agreement (new development) 12197 (Rev. 06-98) 3
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SILVIA DAVIS PITKIN COUNTY Co R 96.00 4/22/20 0010:47A
.
"Landowner Only" will be designed, constructed and installed in conformance with the cost
sharing provisions and reimbursement 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 responsibility. 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 Component.
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 revised 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 "sharedn 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 engineerwhose findings shall be binding and
conclusive as to the allocation 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 preconstruc-
tion planning and design of the water system 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 expiration 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 determination 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
Water Service Agreement (new development) 12197 (Rev. 06-98) 4
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4.
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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 described herein. 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 treated water required for the Private Project
Component of the Project' (previously labeled "Landowner's Dedication Requirement").
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
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 "B" to the 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 an
y portion of the ivate Project
Component. Landowner 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
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 convey to the City a proportionate interest in any ditches,
flumes, headgates or other structures and easements, or interests therein, necessary to
utilize such water rights2. All conveyances required by this paragraph shall be in form
mutually acceptable to Landowner and the City Attorney, and shall be a prerequisite to
1The 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 privately -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 ofprivately-owned wells within the City or within areas supplied with Citywater
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 certifications thereafter. When the final home using
the we] I has been connected to the City treated water system, the well will be used only for stock watering. The well maybe 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 necessary 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 noti fy 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.
2The 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 ajoinn and support the Ditch Company's
formation. grees to i
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provision of water service to the Private Project Component. In addition, contemporane-
ously 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, including.well
pumping records, diversion records, irrigation records, aerial
photographs, affidavits, and all other available information concerning the use of said water
rights.
g. 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 necessaryforthe operation, maintenance and repairof 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 acts 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 underthe Colorado
Governmental Immunity Act or other applicable law. The City acknowledges that such
easements 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 practicable in an emergency situation. City also agrees to use reasonable efforts
to minimize interference 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 Com onent. 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
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features and all other raw water uses associated with the Private Project Component will
not exceed an annual average of 5.0 cfs. The foregoing amount assumes that a greater
amount of water, corresponding to Landowner's retained water rights plus the Landowner's
Dedication Requirement and the Dedicated Raw Water Rights will generally be diverted
change or balance water use as contemplated in paragraph 21,
into the Willow and Herrick Ditch System's headgates. Landowner shall be free to further
below above limitations on diversion rate and overall irrigated acreage within t, so long as the
he Private Project
Component are not exceeded.
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 coordinates, 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
installation 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 78.2 ECUs to the total
ECUs in the Private and Public Project 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 pursuant to paragraph
5, above).
WATER SERVICE
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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 Component to no more than the total number
of Private Project ECUs (not to exceed 78.2 ECUs) provided for by the a
recorded plat and design drawings for the Private Project Componentpproved final
r the
maximum number of ECUs and volume of water the City shall be requiredto�ssupply 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 amendment of this
Agreement.
The treated water to be delivered by the City pursuant to the terms of this
Agreement may be used for all lawful in -building municipal purposes, and for fire
protection, swimming pools 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 unreasonably 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 irrigation 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 Agreement or the Pre -Annexation
Agreement.
13, Tap Fees and System Development Charges Computation and Payment
Scheduling of Taps. 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 Pre -Annexation Agreement
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
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water user's expense. An automated meter reading system shall be installed for all new
customers who will be served by the Private Project Component.
15. Limitations on Provision of Water Service. This Agreement 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
Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its
ability to provide treated water service to any use or structure except as provided herein,
nor may this Agreement 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 Reciulations 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 hereafter adopted, provided, however, that anyfuture ordinances, rules, policies
Pre -Annexation Agreement.
or regulations do not materially impair the rights of Landowner under this Agreement or the
17. Rules Regarding Water Use. Subject to the provisions of this Agreement,
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
Agreement (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
Agreement, including curtailment during times of shortage, elimination of any potential
cross -connections, and the utilization of water conservation 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 Agreement, and to make reasonable
efforts to enforce such prohibition. The unreasonable or unnecessary waste of water shall
be defined as set forth in the Code.
18. Source of Water Supply. The parties to this Agreement recognize that the
City's watersupply is dependent upon sources from which the supply is variable in quantity
and quality and beyond the City's reasonable control; therefore, no liability shall attach to
the City under this Agreement on account of any failure to accurately anticipate availability
of water supply or because of an actual failure 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
eo�,� promise or guarantee of pressure, quantity or quality of water supply for any purpose,
includingfire
suppression, except as specifically provided herein or as is required 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.
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20. Property Rights in Water. All treated water furnished by the City under this
Agreement is provided on a contractual basis for use on the Private Project Component
as described in this Agreement, and all property rights to the treated water to be furnished
hereunder are reserved to the City. Treated water service provided by the City under this
Agreement does not include any right to make a succession of uses of such water, and
upon completion of the primary use of the treated wateron 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 limitations on treated water use imposed in this
Agreement, Landowner shall have no obligation to create any particular volume of return
flow from the treated water furnished under this Agreement. 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.
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
t^* 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 Agreement 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 Footnote 1 of this Agreement.
Covenants shall be adopted which are mutually acceptable to Landowner and the City
which prohibit any subsequent lot ownerfrom 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
protocols for water use set forth in this paragraph: 1) All raw water delivered by sprinkler
Water Service Agreement grew developarentJ 12197 (Rev. 06-98) 10
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means shall be mapped
by Landowner and the map delivered to the City; this map may
be modified at Landowner's discretion 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.
VIOLATIONS
23. Enforcement by the City. The parties to this Agreement recognize and agree
that the City has the right to enforce its rules, policies, regulations, ordinances and the
terms of this Agreement by the disconnection 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 Agreement.
TERMINATION
24. Termination by Agreement. Except as provided to the contrary herein, this
Agreement shall only be terminated in writing by mutual agreement and the term of this
Agreement shall continue until such termination, and shall not be affected by annexation
of the Property to be Annexed.
25. 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
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.
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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 Agreement 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 Agreement shall
terminate. The City agrees that its contractual obligations 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 Agreement
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 Agreement, this Agreement shall
terminate and be of no further force or effect.
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:
To: City of Aspen: City Manager, City of Aspen
130 South Galena Street
Aspen, Colorado 81611
with copy to City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado
81611.
To: Landowner:
Ax Ranch, LLC
c/o John and Pamela Lifton
P.O. Box 997
Telluride, CO 81435
with copies to:
Herbert S. Klein, Esq. Kevin L. Patrick, Esq.
201 N. Mill St., Ste.203 730 East Durant Ave., Ste. 200
Aspen, CO 81611 Aspen, CO 81611
Water Semite Agreerrterrr (new deve(opmeal) 12197 (Rev. 06.98) 12
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29. Force Maieure. 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. Seve�rability. If any provision of this Agreement shall be or become invalid
or unenforceable, the Pre -annexation Agreement and the remainder of the provisions of
this Agreement shall not be affected thereby, and each and every provision shall be
enforceable 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 performance in any litigation between the parties.
32. Amendment; Assi nment. Neither this Agreement, 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 parties hereto, provided, however, that owners
of individual lots within the Private Project Component shall be subject to the terms and
conditions of this Agreement and, to the extent herein provided, shall be entitled to receive
water service pursuant to this Agreement without amendment orfurther assignment of this
Agreement.
"* 33. Entire Agreement. Except as otherwise provided herein, the Pre -annexation
Agreement and this Agreement (including its Addenda), supersede and control all prior
written and oral agreements and representations of the parties. The Pre -Annexation
Agreement to which this Agreement is attached forms the total integrated agreement
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 Agreement.
35. Time of Essence. Time is of the essence for this A ireement.
36. Binding Agreement - Recording. This Agreement 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 Agreement, 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 Agreement and
the obligations contained herein.
37. Governing Law-
. Venue; Attorneys' Fees. This Agreement and the rights and
obligations of the parties hereundershall be governed byand construed in accordance with
the laws of the State of Colorado. Venue for all actions arising under this Agreement shall
be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any
" dispute or conflict regarding the terms of this Agreement 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 reasonable attorneys' fees.
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38. Authorization of Signatures. The parties acknowledge and represent to each
other that all procedures necessary to validly contract and execute this Agreement have
been performed and that the persons signing for each party have been duly authorized to
do so.
39. Counterparts. This Agreement 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 Agreement the date and
year first above written.
ATTEST:
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and
Home Rule City
By B—r
Ci y Clerk Mayor `
APPROVED AS TO FORM:
.-Ny�Ot .
Waver Sel ice A91-ecn1071 (new development) 12197 (Rev. 06-93) 14
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2010.47A SILvIA TKIN COUNTYCO R 96.0
Landowner
-1x RANCH, LLC
BySc of s V L.," 5
ATTEST: j�"" ` '° ` n*° z ��� , Managing Member
By By
Title:
Title
Approved as to Form:
PATRICK & STOWELL, P.
By
Ramsey L. Kropf, E q.
Attorney for Landowner
WAZo1ine\102 C\Dccs\wsaPSPC 5.9-01 • Final.wpd
Wa/er Service Agreement (new development) 12197 (Rev. 06-98) 15
Water Service Agreement - Addendum 1A
This Addendum 1A shaA apply if City proceeds with construction of
the AABC water main connection at the same time that Burlingame
Village Infrastructure is installed.
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HWY 82 - -
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N no upgrade is required, then this line
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of water supply
Burlingame Ranch
Sotdner
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HM
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481709
Page: 17 of 19
SILVIA DAVIS PITKIN COUNTY CO R 96.00 4/22003 DZ0 0010:47A
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481709
I Page: 18 of 19
SILVIA DAVIS PITKIN COUNTY CO 04/22/2003 a.0 10.47A
R se . 0e ° Oe Final Execution Copy 5-9-01
Addendum 2
Water Service Agreement
City of Aspen
-/X Ranch, LLC
WATER RIGHTS
A. Private Proiect Component Conveyance.
-/X Ranch, LLC will convey 0.35 cfs 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 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
which the total amount decreed is 3.0 cfs; a d date of July 1, 1885, for
2. The Willow Creek Ditch, First Enlargement and water right, Priority No. 174, as
decreed 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 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 former 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. 440Y2, as decreed in Civil Action No.
3330, Garfield County District Court (in former Water District No. 38), with an
adjudication date of February 5, 1940, and an appropriation
1890, for which the total amount decreed is 9.3 cfs absolute; a date of October 1,
5. The Herrick Ditch and 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 decreed is 51.56 cfs, absolute.
B. Conveyance of Dedicated Raw Water Rights.
-/X Ranch, LLC will convey an amount of water sufficient to meet 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 "B" to the Pre -Annexation Agreement as these terms are defined in the
481709
Page: 19 a 19
\SILVIA MIS PITKIN COUNTY Co R 96.00 4�Z2DZ0.0010;47R
Final Execution Copy 5-9-01
Water Service Agreement, which amount of water shall be computed on the basis of 0.09
cfs per acre. The water shall be conveyed proportionately from the -/X Ranch, LLC's
interest in the following specifically described water rights:
1. The Willow Creek Ditch and water right, Priority No. 129, as decreed 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 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 (in former 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 former 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. 4401/2, as decreed in Civil Action 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 cfs, absolute; and
5. The Herrick Ditch and 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 Augu
for which the total amount decreed is 51.56 cfs, absolute. st 1, 1951,
The amount to be conveyed for the Dedicated Raw Water Rights is of the total water
right decreed and is further limited to the irrigation of not more than the total 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.
Water Service Agreement - Addendum 1A
.........................................
This Addendum 1A shall apply if City proceeds with construction of ••'•.•
.. •.••" ••..•••N
the AABC water main connection at the same time that Burlingame '•
Village infrastructure is installed.
HWY 82
a•.•••.
This plan is not a comprehensive utilityows�••.,,����
.. Proposed
which costs are shared, (2) for which the City has to extend roadutilities utilYlines (i) f
under theterns �.
of the Pre -Annexation Agreement, or (3) for clarificallon of the Proposed improvements.
Legend
O PropoeedFr m rketHom" p Maroon Creek Club
4ABC
............... E—fing Water Man
— — - . P WaWMam-'Shoed.UpgradeCost(1)
Prol`Dsed �•
Burlingame Ranch
.
..�...,
water Man - Shared Cost (none dh )
Proposed Watw Makr Gly Ony Coat
• �' . Proposed Water
Main• Lando— Only Cost
. 7. •atured . Upgrade' as defined in FyhUt F - Water
Service Agreement
/
Sokiner
/
/
tip �
`,••
f•
/
,'••. City supply Per extensions of water su I
f urlingame Village Footprint
section 1.Ke of the Pre -Annexation
Distribution within
c••
—
Burlingame Village
o°
�••• ---
- ' —'
Distribution within Burlingame
HWY 82 r
Village meets Landowner loop.
ds _
:-'
at Village boundary
•------ -- -. / Bar/X Ranch
i
- Limit of City extension of water supply
•'
i
-- '
If no upgrade is required, then this line
•`
automatically reverts to a Shared Cost.
i ,0
- -
- Jmn tra, sea,
- _ _
Final Execution Copy 5-9-01
Addendum 2
Water. Service Agreement
City of Aspen
-/X Ranch, LLC
WATER RIGHTS _
A. Private Proiect Component Conveyance.
-/X Ranch, LLC will convey 0.35 cfs 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 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 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 (in former 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 former 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.. 440Y2, as decreed in Civil Action 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 cfs, absolute; and
_5. The Herrick Ditch and water right, Priority No. 683, as decreed in CivilAction 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 decreed is 51.56 cfs, absolute.
B. Conveyance of Dedicated Raw Water Rights.
-/X Ranch, LLC will convey an amount of water sufficient to meet 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 "B" to the Pre -Annexation Agreement as these terms are defined in the
:- Final Execution Copy 5-9-o1
Water Service Agreement, which amount of water shall be computed on the basis of 0.09
cfs per acre. The water shall be conveyed proportionately from the -/X Ranch, LLC's
interest in the following specifically described water rights:
1. The Willow Creek Ditch and water right, Priority No. 129, as decreed 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 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 (in former Water
District No. 38), with an adjudication date of May 11 1889 and. an appropriation
Y
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 former Water
District No. 38), with an adjudication date of June 23, 1892, and an appropriation
date of April 15, 1891, forwhich the total amount decreed is 30.0 cfs and
4. The Herrick Ditch and water right, Priority No. 440%2, as decreed in Civil Action 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 cfs, absolute; and
5. The Herrick Ditch and 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 decreed is 51.56 cfs, absolute.
The amount to be conveyed forthe Dedicated Raw Water Rights is of the total water
right decreed and is further lirriited'to the .irrigation of not more than the total 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
acres. exceed 10.
I
Aspen Consolidated Sanitation District
Paul Smith * Chairman Frank Loushin
Michael Kelly * Vice- Chair Roy Holloway
John Keleher * Sec/Treas Bruce Matherly, Mgr
REQUEST FOR LINE EXTENSION
Service Area: Burlingame Affordable Housing/Bar X Ranch
The undersigned hereby request that the Aspen Consolidated Sanitation District
provide such necessary collection line extension so as to provide sewer service to the
undersigned. The undersigned further state and represent as follows:
1. That the proposed service area which said line extension would serve is more
fully described in the study plan attached and marked "Exhibit A".
2. That the undersigned are landowners within the boundaries of such proposed
service area.
3. That the Exhibit A attached hereto also contains a proposed design for such
line extension; preliminary cost estimates therefor; a description of existing development
and future possible development within the proposed service area; an estimate of the total
sewer taps to be served by the line extension, expressed in terms of single family residential
taps or their equivalent; and a preliminary estimate of the unit cost per single family
residential tap or its equivalent. We the undersigned agree to pay to the District any
engineering fees incurred by the District to assist in developing the attached Exhibit A.
We, the undersigned, do hereby express our intent to the Aspen Consolidated
Sanitation District to connect to the District sewer system when such system becomes
available to serve the above described property. We offer this assurance to the District so it
can plan to provide such service based on the needs and desires of the anticipated users.
We further understand that this request does not bind the District to provide immediate
service, but in the event the request is granted, we agree to pay such line extension fee for
the use of such line as may be ultimately calculated pursuant to the regulations of the
District.
We also understand that should an easement be required by the District through
lands owned by the undersigned, we will each grant such an easement executed and
recorded on the standard District easement form and we recognize that if other landowners
within the proposed service area shown on Exhibit A do not agree to furnish such
easements on the same basis, the acquisition cost of such easements within the proposed
service area will be directly borne by the landowners within such area and the costs
therefor reflected in the line extension fee.
We, the undersigned, agree to pay the District for the District Engineer's plan and
profile review fee and construction observation fee, and for the District's cost to televise the
completed line extension.
565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537
We, the undersigned, also agree to pay any and all additional line or tap fees prior to
connecting to the District line extension; to provide a survey of the line extension to the
District; to provide easements and a bill of sale on the standard District form of the line
extension, which have been executed and recorded with the Pitkin County Clerk; to provide
a mylar with three copies of both the plan and profile of the line extension to the District, all
at the owners expense; and to abide by all District regulations and specifications.
Legal Description of Property:
See attached exhibit A.
STATE OF COLORADO
COUNTY OF PITION
s�
DEVELOPER: Burlingame Affordable Housing
Signature
Title
?rint Name Date
PRY"PUB
JACKIE
LOTHIAN
aged, subscrribgd, and sworn to before me
20A5 by, 42 Wa-r'ci 'So+rOl ID-- as
My commission expires
ary Public
1
Attest:
DEVELOPER: Bar-X Ranch
Signature Title
Print Name Date
Title
STATE OF COLORADO )
) ss:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged, subscribed, and sworn to before me
this day of , 20_, by as
My commission
Notary Public
i
r+ei La, c 11 a I -.iJjr w f'CRCCf 1 r.LCIIY.
I'ip�RI,?h N.
DEVELOPER:
Dar/X LLC, a Colorado Limited Liability CuinFaaay
By: Jo n, authorized agent
STATE OF
ss.
COUNTY Uk' ,)
The foregoing was subscribed and sworn to before me this 'w " day of ,
2003, by John Litton, authorized agent of Bar/X LLC, a Colorado Limited Liability ompatay.
Witness my hand and official seal.
My commission expires: s
PRY.
LYNN
SHERLOCK
; ;y Commission Expires 05/25/2004
otary Public
SCHMUESER GORDON MEYER
ENGI NEERS SURVEYORS
SPR1NC=
1 1 8 W. 6TH, SUITE 200
GLENWOOD SPRINGS, CO 81601
970-945- 1 004
FX: 970-945-5948
MEMORANDUM
TO: Michelle Bonfils, Aspen / Pitkin Housing Office
FROM: Jay Hammond, P.E., SGM, Inc.,
DATE: April 30, 2003
ASRE:1
P.O. BOX 21 55
ASPEN, CO 61612
9 70-9 2 5-67 2 7
FX : 9 7 0-9 2 5-4 1 57
RE: Burlingame Ranch Affordable Housing, Aspen Consolidated Sanitation District
Line Extension Request
Attached are two copies of items to serve as Exhibit "A" to the Line Extension Request to the
Aspen Consolidated Sanitation District for the sewer main to serve the Burlingame Ranch
Affordable Housing project. I have provided three drawings, the first of which is an overview
map of the area to be served by the proposed mainline sewer extension. The proposed line
may serve up to 330 units on the Burlingame Ranch Affordable Housing development site at
the west end of the proposed alignment. The units within the Burlingame Ranch site will likely
represent 1 single-family equivalent per unit.
The line that is the subject of this application will also serve up to 7 freemarket development
sites on the Bar \ X Ranch (Zoline property) north of the Old Stage Road. I have assumed 2.5
single family equivalents for each of the sites on the Bar \ X for a total of 17.50 single-family
equivalent units. The proposed sewer main extension, therefore, will serve up to 347.50
single-family equivalent units on the Burlingame Ranch and north portion of the Bar \ X Ranch
properties. There will be a separate sewer main extension to serve freemarket units on the
Bar \ X property to the south of the Old Stage Road, but that extension is independent of this
line.
Also attached are our drawings UP11 and UP12 representing more detailed plan and profile
drawings of the actual main extension through the Bar \ X and to the Burlingame Ranch
development site. The final attachment is a cost estimate for the main extension. For
purposes of the cost estimate, I have ended construction at our manhole No. 9A at the
boundary of the Burlingame development site. The further extension into the Burlingame
development site will be laid out and designed when the internal design of the housing project
proceeds. We also anticipate that there may be units within the Burlingame Ranch site and
several units in the Bar \ X property that will need to be served via some type of pump station
or pump stations to reach the gravity collection line. It is anticipated that any required pump
station(s) would remain the responsibility of the homeowners that are located on sites below
the gravity main and would not be dedicated to the Aspen Consolidated Sanitation District.
I hope this will be sufficient for your Line Extension Request application to the Aspen
Consolidated Sanitation District. Feel free to contact me if you require any additional
information.
SCHMUESER I GORDON I MEYER
k • E N G I N E E R S & S U R V E Y O R S
PJ3(111-CM.ZUS1l A-1 W1k —Q- -!7%—VVkL[)S---ER0J - # - rT.0 V J rt-A! QQ 1
SHEELNO--------- --_OF_L— ------... --
CALCULATED- BY.L I— —_ ___DATEL w J.'_z�C�
CHECKED -BY*
GLENWOOD SPRINGS 1 18 W. GTH, SUITE 200 GLENWOOD SPRINGS, CO 8 1 501 970-945- 1 004 FX: 970-945-5948
ASPEN P.O. BOX 21 55 ASPEN, CO 81 81 2 970-925-6727 FX: 970-925-41 57
CRESTED BUTTE P.O. BOX 3088 CRESTED BUTTE, CO 81 224 970-349-5355 FX: 970-349-5358
o••.-ii t—NESSCUST! b7`I•rinlh,el mrVice M! tor. 1, IVR'a-t;2
City of Aspen
Annexation Impact Report
BAR/X Ranch Annexation
BAR/X Ranch Boundary
Proposed for Annexation
j \ Current City Boundary
k . Maroon Creek
Club
NIX.
Cemetery LanNeighborhood
Buttermilk Ski Area I
11� % t'�• / ya,
Annexation Area
1000 0 .1000 Feet
Prepared By:
Aspen Community Development Department
Submitted to:
Pitkin County Board of County Commissioners
June 22, 2001
Table of Contents
OVERVIEW 3
MUNICIPAL SERVICES TO BE PROVIDED 5
CITY DEPARTMENT IMPACTS 6
OTHER AGENCY IMPACTS 11
EFFECT UPON PUBLIC SCHOOL DISTRICT SYSTEM (RE1) 13
EXISTING AND POTENTIAL ZONING DISTRICTS 14
ATTACHMENTS 15
K
OVERVIEW
The City of Aspen is considering annexation of approximately acres known as the
Aspen Valley Hospital. The land is located south and west of the confluence of Maroon
Creek River and the Roaring Fork River. The land has been primarily used for
agricultural and cattle purposes, although such operations have lessened in the past
few years. The property is currently accessed from New Stage and Old Stage roads.
(Please see map, attachment "A.")
A pre -annexation agreement between the City of Aspen and BAR/X Ranch LLC was
approved pursuant to a municipal vote and describes a potential development plan
including market -rate housing, affordable housing, limited ranch uses, and preservation
of land as open space. The agreement contemplates a joint project between the City of
Aspen -owned Burlingame Ranch and the BAR/X Ranch, subject property of this
annexation report. The Agreement is included as Attachment "B."
BAR/X Ranch Property
Information
Acres 141.74
Square Miles .22
Because the majority of the coMbined project is proposed on BAR/X Ranch property
and because the two properties are linked by virtue of the pre -annexation agreement,
this annexation report contemplates the entire development scenario described in the
pre -annexation agreement.
The potential development consists of two components: the "Private Sector" component
—_..con-sistsofi12-new-free-marketiotsfathering-parcet-to-contairr 5--residences,-and--a,--"-------------
ranch managers house deed restricted to Resident Occupancy Guidelines of the
Aspen/Pitkin County Housing Authority. This private sector component has recently
been submitted for conceptual planning approval and is more fully described in
attachment "C."
The remaining component, "Burlingame Village," consists of 225 residential units deed
restricted to the Affordable Housing Guidelines of the Aspen/Pitkin County Housing
Authority. This number may not be exceeded according to the pre -annexation
agreement. This component has been the subject of an ongoing planning process with
a citizen task force, known as the "Burlingame Village COWOP." Initial findings of this
task force have been summarized in attachment "D."
3
1"IV UUMU VI11L5 Oc rlydK %JtA;U dIR;
Projected Peak
Unit type Unit Number Occu "anc
Free Market
Free Mkt. Single Family 17 59.5
Free Mkt. Accessory
Dwelling Units 12 18
RO Ranch Manager unit
1
3.5
Affordable Housing
30% Single Family
68
238
10% Carriage House
23
34.5
30% Attached Units (2
bedroom)
67
167.5
30% Attached Units (3
bedroom)
67
201
TOTAL`
722 .
Notes:
• The affordable housing unit counts are based on the preliminary finding of the
Burlingame COWOP task force contained in the "Burlingame Ranch Affordable
Housing Land Use and Development Plan," dated May 15, 2001. The Final unit
mix may be influenced by the final site design for Burlingame Village. Financial
realities may also suggest modification of these unit counts.
• Multipliers of 3.5 residents per single-family home, 1.5 residents per carriage
house and accessory dwelling unit, 2.5 residents per 2 bedroom unit, and 3
residents per 3 bedroom attached unit were used for the purpose of estimating
occupancy.
• Accessory dwelling units are required for the 12 new free-market lots unless a
Pitkin County TDR is extinguished. The remaining free-market lots may have an
ADU. For estimating purposes, 12 ADUs were assumed.
0
MUNICIPAL SERVICES TO BE
PROVIDED TO ANNEXATION AREA
If the City of Aspen decides to annex the BAR/X Ranch property the City will provide to
the annexation area all municipal services normally performed by the City or provided to
other parts of the City. These services might include: police/law enforcement services,
water utilities, trail maintenance, municipal administrative services such as planning and
zoning, and parks/recreation facility access.
Infrastructure and services required to support development but not specifically
provided by the City of Aspen are expected to be provided to this property by outside
agencies and service providers. Those services are expected to include Aspen
Consolidated Sanitation District sanitary sewer, electricity by Holy Cross Electric
Association, natural gas by Rocky Mountain Natural Gas, telephone service by U.S.
West Communications and TCI cable. Capital infrastructure to convey these services
will be at the sole cost of the developer. Ongoing services will be administered by these
outside agencies at the sole cost of the residents.
The annexation area is located within the Aspen Fire Protection District, and fire
suppression is by the Aspen Volunteer Fire Department. The RE 1 Aspen School
District will serve the school aged children within the annexed area. All roads within the
potential Annexation Area will be developed at the sole cost of the developer. The City
of Aspen shall reserve the right to accept maintenance responsibilities for some or all of
these roads.
Following are more detailed analyses of the services necessary for the combined
development.
5
CITY DEPARTMENT IMPACTS
General
The project is not sufficiently defined to enable the City Finance Department to estimate
specific effects upon the City's overall budget. For this level of analysis, property values
and the exact assets requiring maintenance would be needed. Likewise, many of the
project's potential elements that would affect general fund expenditures are not known
at this time. A financial analysis of the City's general funds has, therefore, not been
developed. This section includes impact estimates for various Departments of the City
and of outside agencies.
Many of the fundamental maintenance services that would normally accompany a
residential subdivision are expected to be provided by the subdivision residents through
homeowners' dues. These services include general on -site maintenance requirements
such as snow plowing and landscaping and have not been analyzed herein.
The City of Aspen may elect to accept maintenance responsibilities for infrastructure
serving the project. This could include maintenance of open space areas, public parks,
and collector streets. Although it is premature to speculate the impact these
maintenance requirements may have upon the City, the primary roads serving the
project are the most likely to be dedicated to the City for which further analysis is
provided.
101
Police
The Burlingame + BAR/X Ranch development would have impacts on the Aspen Police
Department. The project is not expected to have a commercial component, which
reduces impacts associated with other recent large annexations. The following
analysis is based upon national standards and upon the current level of service on an
extrapolated officer -per -capita basis. Actual staffing needs may differ as certain
efficiencies may be realized for actual service.
City Police Officers
Unit
Projected
Projected
Projected
Projected :
Projected
Unit Type'.
Number
Total
New Police
New Police
New Police
New. Police
Occupancy
Officers *1
Officers *2
Officers *3
Officers *4
Free Market
Free Mkt.
Single Family
17
59.5
0.12
0.30
0.07
0.06
Free Mkt.
Accessory
12
18
0.04
0.09
0.02
0.02
Dwelling
Units
RO Ranch
1
3.5
0.01
0.02
0.00
0.00
Manager unit
(fordable
Housing
Single Family
68
238
0.48
1.19
0.29
0.55
Carriage
House
23
34.5
0.07
0.17
0.04
0.08
ttached
Units (2 bed)
67
167.5
0.34
0.84
0.20
0.39
Attached
Units (3 bed)
67
201
0.40
1.01
0.24
0.46
TOTAL
255
722
1.44
3.61
0.87
1.56
Notes: 1 Based on National Standard- Permanent Residence
2 Based on Current Level of Service -Permanent Residence
3 Based on National Standard- Peak Population
4 Based on Current Level of Service -Peak Population
7
Aspen/Pitkin County Housing Authority
APCHA increased staff with the addition of one project manager for this project. This
position is not exclusive to this project. This impact was expected, budgeted, and has
been accommodated. The Housing Authority is currently in need of an additional unit
sales administrator although insufficient office space has prevented hiring this additional
staff member. The impact of administering additional sales could be accommodated
with the existing staff, assuming the currently needed staff position is filled. Not filling
this position would create significant difficulty in providing customer service. Depending
upon the staging of the project and the rate at which units are completed, temporary
assistance in administering unit sales could be useful.
It should also be noted that Affordable Housing Real Estate Transfer Tax (HRETT)
revenues from the project would augment the Housing Authority budget. HRETT is
calculated by reducing the sales price by $100,000 and multiplying the remainder by
1%.
Per unit
Free Market '
Units
Est. Cost
HRETT
Free Mkt. Single
Family
17
4,000,000
663000
Free Mkt. Accessory
Dwelling Units
12
0
0
RO Ranch Manager
unit
1
450,000
3500
Affordable Housing
30% Single Family
68
220,000
81600
10% Carriage House
23
120,000
4600
30% Attached Units (2
bedroom)
67
175,000
50250
bedroom)
67
190,000
60300
TOTAL
255
$863,250.00
Engineering
During the development and implementation phase of improvements, the Department
will be required to inspect all site improvements and conduct Right -of -Way inspections.
The estimated level of work performed during this construction phase could require one
half-time Engineering Technician. Approximately 40% of the Engineering Technician's
time will be required to insure conformity with safety performance standards for the
constructed improvements.
�661
Water
The Burlingame + BAR/X project is within the City's water service area. The Pre -
annexation agreement includes a Water Service Agreement for the BAR/X Ranch. This
agreement addresses costs of supplying infrastructure and the conveyance of water
rights. No construction costs have been developed for the project that can be used for
analyzing the potential public costs at this time.
The City of Aspen will oversee all infrastructure maintenance, service, and operation of
the water system. Costs associated with these ongoing services are expected to be
offset with utility billing.
Streets
Streets within the affordable housing and free-market portions of the development are
expected to remain in private ownership and maintenance. It is likely that, after
construction, the primary roads serving the development will be dedicated to the public
and become an ongoing maintenance requirement of the City. Although the exact
alignment of these roads has not been determined, roughly 6,000 linear feet of roadway
would be necessary to access the primary development areas. Internal road systems
and driveways will also be necessary.
The development of a signalized intersection on State Highway 82 is also a requirement
of this project according to a settlement agreement with the Maroon Creek Club. The
Burlingame COWOP Task Force has identified preferences for this intersection and the
manner in which roads should access development areas (see Burlingame Ranch
Affordable Housing Land Use qnd Development Plan, Transportation section). This is a
project cost for which no information concerning financial impact has been provided.
Some funding for the highway intersection may be available from the Colorado
Department of Transportation.
An additional snow plowing requirement may represent a threshold for the City's current
----- -_._ plowing -infrastructure: -The- City's -snowptow-routes-are-cun-entty-9 =1-0 hours-iong-(i e: __
already in overtime mode as standard operation). An increase in plowing could require
the purchase of a new plow and staff to operate it. Approximately $42K/year for the
personnel and $220K one time for the plow (plows are on a 7-year replacement
schedule).
Community Development
The Community Development Department has already experienced an increase in
workload for the planning of this project. A "Housing Planner" position was budgeted
and has not been filled at the request of City Council. This additional impact is
expected to continue through the planning process for the project.
9
Zoning review for the projectwill be substantial and may require the use of contract
labor. Building permit review will be substantial and can be accommodated with the
recently budgeted "Housing plans inspector." Depending upon the staging of the project
and the season in which the project is submitted, some contract labor may be
necessary. Contact labor is routinely used and is normally offset with permit fees, which
may not be required for this project. Development inspection service will also be
substantially impacted. Depending upon the staging of the project, an additional
dedicated field inspector may be needed for the project.
Ongoing zoning enforcement, individual planning amendments, and remodels will have
continuous impacts upon the Department. Enforcement of the Wildlife Protection
Ordinance will also require additional resources of the City Environmental Health
Department.
Parks
The chart reflects park and trail needs based on level of service standards established
in 1987 with the park impact fee methodology. It is premature to consider how possible
recreational facilities within the project may mitigate these impacts.
Parks and Trails
Projected New
Projected New
Projected
Park Acreage
Trail Needed
Unit `'
Total
Needed *
(Linear Feet)*
Unit Type
Number
Occupancy
Free Market
Free Mkt. Single Family
17`
59.5
1.19
803.25
Free Mkt. Accessory Dwelling
Units
12
18
0.36
243
RO Ranch Manager unit
1
3.5
0.07
47.25
(fordable Housing
Single Family
68
238
4.76
3213
Carriage House
23
34.5
0.69
465.75
Attached Units (2 bed)
67
167.5
3.35
2261.25
Attached Units (3 bed)
67
201
4.02
2713.5
OTAL
255
722
14.44
9747
Note: Based upon current ratios which exceed national averages
Development of the project itself will require administrative tasks to ensure proper
landscaping, restoration, and any bonded obligations. The project may increase
maintenance requirements of the Parks Department with regard to trails.
10
OTHER AGENCY IMPACTS
While the City may not directly finance these departments' services, they are added to
demonstrate some additional impacts of this subdivisions development to the residents
of the up -valley community.
Aspen Volunteer Fire Department
The property currently resides within the Aspen Fire District. The area will be attached
to city water and it is expected, by the Fire Chief, that all buildings will be equipped with
fire suppression devices. This largely reduces the potential need for emergency event
response. According to the Fire Chief, the Fire District does not expect this project to
require additional staffing or capital infrastructure.
New Project
Current Number of Unit served by District* Units Percent increase
5,941 255 4.29%
* Considers Highlands Village complete
Holy Cross Electric
Due to the complicated array of existing line systems and other improvements taking
place to core electric system infrastructure, determining specific impacts is difficult.
Currently, the Aspen Substation is capable of handling approximately 75 megawatts
and current peak draw is approximately 60-65 megawatts. The Highlands Village
project is expected to draw and additional 8-12 megawatts at build -out. Burlingame +
BAR/X may require an additional 1-4 megawatts.
While the development of Burlingame + BAR/X may not be directly responsible for the
addition or upgrade of an Upvalley electrical substation we can assume that its build -out
will accelerate system upgrades.
11
Library
The Pitkin County Library is not maintained nor funded by the City of Aspen. The library
is contemplating al0,000 square foot expansion in addition to the recent mezzanine
level expansion. Based upon a purely quantitative extrapolation, number of volumes
per capita, the Library will find need for approximately 4,108 additional volumes.
Unit
Projected
Projected New
Ue
it Type
Number
Residential
Library
Population
Volumes
Free Market
Free Mkt. Single
17
59.5
338.56
Family
Free Mkt. Accessory
12
18
102.42
Dwelling Units
RO Ranch Manager
1
3.5
19.92
unit
Affordable Housing
Single Family
68
238
1354.22
Carriage House
23
34.5
196.31
Attached Units (2
67
167.5
953.08
bed)
Attached Units (3
67
201
1143.69
bed)
25.E __7.22 _
410-8-1-
12
EFFECT OF ANNEXATION UPON THE LOCAL PUBLIC
SCHOOL DISTRICT SYSTEM (RE1)
Children of school age residing within the Annexation Area would attend schools
provided by the Aspen School District RE1. In 1995 both the City and the County
adopted conformed ordinances with respect to school land dedication standards.
Projections in the table represent student generation numbers as determined by the
RE1 School District and City of Aspen Municipal Code. Required capital will be
captured through fees at the time of building permit issuance.
Projected New
Projected
Number
Students
Land
Land
Staff
Housing Type
of UnitsRequired
(Based on 1995
Dedication
Dedication.New
for
Aspen School
(Sq. Ft.)
(Acres)
Students .
District Survey)
Free Market
Single Family (5 bed)
17.00
20.23
21,030.77
0.48
2.02
Acc. Dwelling Units (1
1.2.00
0.60
0.00
0.00
0.06
bed)
RO Ranch Mngr. (4
1.00
1.04
1,080.29
0.02
0.10
bed)
Affordable Housing
Single Family (4 bed)
68.00
70.72
73,459.58
1.69
7.07
Attached Units (3 Bed)
67.00
45.56
47,280.02
1.09
4.56
Attached Units (2 Bed)
67.00
26.80
27,725.94
0.64
2.68
Carriage House (1 bed)
23.00
1.15
1,202.26
0.03
0.12
IfeTA
13
EXISTING AND POTENTIAL ZONING DISTRICTS
The existing zoning within the Annexation Area is Pitkin County AFR-2 (one residence
per two acres). Within 90 days of Annexation, the City must assign the property zoning.
The City anticipates adopting zoning compatible with the land use parameters
established by a Final PUD Development Plan for the property. This may require the
use of zoning overlays to accommodate and limit the land uses and intensities to those
represented in the pre -annexation agreement.
In the event a Final PUD Development Plan is not adopted within 90 days of final
annexation, the City anticipates zoning the property consistent as practical with the
Pitkin County zoning. This would result in zoning the property Rural Residential (RR).
This RR zoning allows for one residence per two acres and is the most similar zoning to
the County's AFR-2 zoning. Variations to the zoning may occur through the public
hearing process and City Council reserves the right to assign this property to any of the
City's zone districts.
14
ATTACHMENTS:
A CITY OF ASPEN PRESENT AND PROPOSED BOUNDARY
B BAR/X RANCH PRE -ANNEXATION AGREEMENT
C BAR/X RANCH PROPOSED DEVELOPMENT PLAN
D BURLINGAME RANCH PROPOSED LAND USE AND DEVELOPMENT PLAN
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ORDINANCE NO.55
(Series of 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE " BAR/X RANCH"
ANNEXATION.
WHEREAS, on September 22, 2004, one hundred percent of the owners of the property
proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for
Annexation of territory to the City of Aspen; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in §31-12-107, C.R.S.; and
WHEREAS, the owners of one hundred percent (100%) of the area proposed to be
annexed, exclusive of streets and alleys, have consented in writing to the annexation; and
WHEREAS, the City Council, by resolution (Number 99, Series of 2004) at its regular
meeting on October 12, 2004, did find and determine said Petition for Annexation to be in
substantial compliance with the provisions of §31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 115, Series of 2004) at its regular
meeting on November 22, 2004, did find and determine, following a public hearing, said Petition
for Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the " Bar/X Ranch", and as shown on the annexation map, is hereby
annexed to the City of Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file two copies of this annexation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of
this annexation ordinance and of the annexation map with the Division of Local Government of
the Department of Local Affairs, State of Colorado.
Section 3. The City Engineer of the City of Aspen is hereby directed to
amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to
this annexation ordinance.
Section 4. That 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 5. That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
2
A public hearing on the ordinance shall be held on the /113 day of , 2004,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the day of '12.,If- , 2004.
ATTEST:
74
Helen Kalin lflanderuX Mayor
Kathryn S. h, Ci Clerk
FINALLY adopted, passed and approved this day of
2005.
el n li a erud, Mayor
ATTEST:
X/� -� J�� -
Kathryn S. Ko , City Clerk
JPW- saved: ,. ;._ � ... �.._......
THE CITY OF ASPEN
October 26, 2004
Aspen School District
0199 High School Road
Aspen, CO 81611
The City of Aspen Council has scheduled a public hearing Monday, November 22,
2004 at 5:00 p.m. in the City Council Chambers, on the Lot 10 Aspen Highlands Subdivision
Annexation petition.
The purpose of the hearing is to determine and make a finding whether the area
proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-
5060 if you have any questions.
Sincerely
Kathryn S. Koch
City Clerk
Enclosure
Resolution #96, 2004
Petition for Annexation
By certified mail
0
130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5000 • FAx 970.920.5197
www. aspengov.com
Printed on Recycled Paper
COUNTY OF PITKIN ) AFFIDAVIT OF NOTICE &
) ss MAILING PURSUANT TO
STATE OF COLORADO ) PITKIN COUNTY LAND USE
CODE SECTION 4-90
I, P 1� (,2 L42L ! ) o w P! / , being or representing an Applicant
to the Pitkin County Development Permit, personally certify that I have complied with the public
notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations in the
following manner:
at least 30 days prior to
to all owners of
property adjacent IS'l ect as indicated on the attached list, on the
day of _ hich is days prior to the public
hearin ). The name dresses of the adjacent
prof'e`Tity owners shall be those on the current tax records o ounty as they
2. By posting a sign in a conspicuous place on the subject property (as it could be
seen from the nearest public way) and that said sign was posted and visible
continuously from the l -- day of J �q t,I , 200s to the I ( I day of
P to w< <-- vt , 20c5. (Must be posped.for at least 15 full days before the
hearing date.) A photograph of the poste ign,is attached hereto.
Applicant's Name
(Attach Photograph Here)
SEAL
forms\affidavit-LU posting
Signd before me this L— day of J
20USby Ioce,- iollou - I I
Witness my hand and official seal.
My co fission expires: 2 L^
Notary Public ( f (�
Address:�—
COUNTY OF PITKIN ) AFFIDAVIT OF NOTICE &
) ss MAILING PURSUANT TO
STATE OF COLORADO ) PITKIN COUNTY LAND USE
CODE SECTION 4-90
1, Susan R. Gardner , being or representing an Applicant
to the Pitkin County Development Permit, personally certify that I have complied with the public
notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage
prepaid U.S. Mail at least 30 days prior to the publish hearing to all owners of
property adjacent to the subject property, as indicated on the attached list, on the
rv-7- day oflat i ,4 _, 20s (which is2# days prior to the public
hearing date of F�8, 2L��� ). The names and addresses of the adjacent
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than 60 days prior to the public hearing.
BZjLosting a sign in a conspicuous place on the subject property (as it could be
seen from est public way) and that said sign was posted and visible
continuously from the , 20_ to the day of
, 20_. (Must
hearing date.) A photograph of t:
L
Applic is Name
(Attach Photograph Here)
�cAR
Uo
`QwSTF OF'Gp�.
SEAL __kX
forms\affidavit-LU posting
15 full days before the
posted sign is
rQv-
Signed before me this 1 Z day of a In,
200 ), by ai J-4 uI" )V JJQA
Witness my hand and official seal.
My commission expires: 2 �, /a f,
Notary"Public U U
Address: �2 7-6 l
Ap ".-t _X ztr" C-4 /-,/V 60
PUBLIC NOTICE
RE: STAGE ROAD SUBDIVISION/PUD/REZONING (BAR/X RANCH)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 14, 2005
at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130
S. Galena St., Aspen, Colorado, to consider an application submitted by Bar/X Ranch LLC
requesting approval of Subdivision, Planned Unit Development (PUD), Vested Rights and
Rezoning to Affordable Housing/PUD, Conservation, Public (PUB) and Specially Planned Area
(SPA) on various lots within the subdivision. The hearing will also consider related land use
requests to develop twelve (12) free market lots, twelve (12) accessory dwelling units, one (1)
Ranch Manager's dwelling, one (1) cabin on a separate lot, provisions to increase the size of the
four (4) existing residential structures on the parent parcel with an SPA overlay, the development
of private roads and ancillary improvements. The subdivision also creates a separate parcel
proposed to be zoned PUB with a PUD/SPA overlay for future cultural uses. The property subject
to the application is commonly known as the Bar/X Ranch property and is located east of Deer
Hill and accessed from Stage Road. The legal description and map of the property subject to this
application is available at the City of Aspen Community Development. For further information,
contact Joyce Allgaier at the City of Aspen Community Development Department, 130 S. Galena
St., Aspen, CO, (970) 429-2754, joycea@ci.aspen.co.us.
s/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on January 28, 2004 (Submit to newspaper on 1/25)
City of Aspen Account
Jam Free Printing www.avery.com AVERY0 51600
Use Aaery® TEMPLATE 51600 1-800-GO-AVERY
CITY OF ASPEN HARVEY DR HAROLD K MAROON CREEK LLC
130 S GALENA ST 42D AABC 10 CLUB CIR
ASPEN, CO 81611 ASPEN, CO 81611-3548 ASPEN, CO 81611
MIDLOTHIAN INVESTMENT LLC PITKIN COUNTY
650 S CHERRY ST #920 530 E MAIN ST STE 302
DENVER, CO 80222 ASPEN, CO 81611
SOLDNER FAMILY LTD PARTNERSHIP ZOLINE FAMILY PARTNERSHIP RBR 12, LLC
PO BOX 2238 624 N CANON DR 950 Fifth Avenue
FRISCO, CO 80443 BEVERLY HILLS, CA 90210 New York, NY 10021
RBR 345, LLC
950 Fifth Avenue
New York, NY 10021
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Important Reminders:
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■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a dupliipate return receipt, a USPSS postmark on your Certified Mail receipt is
required.
to For anY additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, ditach and affix label with postage and mail.
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Internet access to delivefy information is not available on mail
addressed to APOs and FPOs.
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A record of delivery kept by the Postal Service for two years
mportant Reminders:
m Certified Mail may ONLY be combined with First -Class Mail® or Priorty Mail®.
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valuables, please consider Insured or Registered Mail.
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delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
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addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label withpostage and mail.
MPORTANT: Save this receipt and present it when making an inquiry.
ternet access to delivery information is not available on mail
tressed to APOs and FPOs.
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
�SpEn, L.o �lC9ll
A. Signatur�
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B. R ceiv b/y (PrintW Na%e) C. Date of Delivery
D. Is delivery address different from item 1 ? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
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(Transfer from service label) 7004 0 7 5 0 0 0 01, 6 51, 8 0925
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
KO
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
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or on the front if space permits.
Article Addressed to:
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If YES, enter delivery address below: ❑ No
3. Serv1 pe
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7004 1350 0002 3073 0856
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
-LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted belivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
R+K;V% � �0nvv%133(0r%M
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D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7004 1350 0002 3073 0863
(rransfer from service
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
)JSPS
111111 Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
K A��\ V-o
1 r1C %—II I Ur flor CIN
October 26, 2004
q -
Aspen School District
0199 High School Road
Aspen, CO 81611
The City of Aspen Council has scheduled a public hearing Monday, November 22,
2004 at 5:00 p.m. in the City Council Chambers, on the Bar/X Ranch annexation petition.
The purpose of the hearing is to determine and make a finding whether the area
proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-
5060'if you have any questions.
Sincerely
Kathryn S. Koch
City Clerk
Enclosure
Resolution #99, 2004
Petition' for Annexation
By certified mail
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 - FAx 970.920.5197
www. aspengov.com
Printed on Recycled Paper
I
THE CITY of ASPEN
October 26, 2004
Aspen School District
0199 High School Road
Aspen, CO 81611
The City of Aspen Council has scheduled a public hearing Monday, November 22,
2004 at 5:00 p.m. in the City Council Chambers, on the AMCORD-AVLT annexation petition.
The purpose of , the hearing is to determine and make a finding whether the area
proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-
5060 if you have any questions. _
Sincerely
A
Enclosure
Resolution #100, 2004
Petition for Annexation
By certified mail
Kathryn S. Koch
City Clerk
130 SOUTH GALENA STREET • 'ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 FAX 970.920.5197
www. aspengowom
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TO: Mayor and Members of Council
FROM: John P. Worcester
DATE: December 14, 1998
RE: Burlingame Ranch Annexation Ordinance — First Reading
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Attached for your consideration and review is a proposed ordinance which, if adopted, would annex
the Burlingame Ranch Property to the City of Aspen. This matter is before you for First Reading.
The original petition for annexation was filed with the City Clerk on July 20, 1998. On july 27,
1998, City Council adopted a resolution finding substantial compliance with Section 31-12-107(1),
C.R.S. A public hearing was held on November 9, 1998, at which time Council determined that the
proposed annexation was in compliance with § § 31-12-104 and 31-12-105, C.R.S.
Attached for your information please find a copy of the Burlingame Ranch Annexation Report
prepared by the City Community Development Department for the Pitkin County Board of County
Commissioners. The report was prepared in accordance with state law as the area proposed to be
annexed is greater than twenty acres. Appended to the report is a copy of a map of the area
proposed to be annexed.
City staff will be present at the public hearing to answer any questions you might have on the
proposed annexation and potential impacts the annexation will have on City operations.
The decision to annex property to the City is a legislative act and is entirely within your
discretionary powers. You may annex, or not, for any reason, or no reason at all.
ACTION REQUIRED: A Motion to approve Ordinance No. Series of 1998, on First
Reading. �!
JPW-12/08/98-G:\John\word\memos\burlingame.doc
TO: Pitkin County Board of County Commissioners
c/o Suzanne Konchan, County Manager
THRU: Amy Margerum, City Mane
FROM: Julie Ann Woods, Interim Community Development Director.
DATE: October 14, 1998 ,
SUBJECT: Burlingame Ranch Annexation Impact Report
Attached please find the Burlingame Ranch Annexation Impact Report for your review
and consideration. This copy is provided to you to meet the statutory requirements which
mandate this report for properties of twenty (20) acres or more considering annexation.
The City Council opened the hearing on this annexation at their meeting on September
28th, but continued the hearing until November 9th to allow the county adequate time to
consider this report.
If you or any of the County Commissioners have questions regarding this Impact Report,
please feel free to contact Julie Ann Woods at 920-5 100. Otherwise, we look forward to
the joint meeting between the City Council and the BOCC on this project.
cc: Mayor and City Council
John Worcester, City Attorney
Cindy Houben, Pitkin County Community Development Director
klpl—mg/npeWc.sa/enn vburco d.
City of Aspen
Annexation Impact Report
Burlingame Ranch Annexation
Prepared by :
Aspen/Pitkin Community Development Dept.
October 15,1998
Table of Contents
Overview
1. Municipal Services to be provided for the Annexation Area
2. Financing of Municipal Services for the Annexation Area
3. Existing Zoning Districts within the Annexation Area
4. Effect of Annexation upon the Local Public School District System
5. Map Appendices
A. Present and proposed boundaries of the City of Aspen in the vicinity of the
proposed annexation
B. Streets, water mains, and other utilities in the vicinity of the proposed
annexation.
C. Existing Zoning Districts
D. Proposed Zoning Districts
E. Existing land use patterns in the vicinity of the area to be
annexed
F. Proposed land use patterns in the vicinity of the area to be
annexed
Overview
The City of Aspen is considering the annexation of approximately 215 acres in two
parcels known locally as the Burlingame Ranch in Pitkin County. The property is located
south and east of the Aspen Airport Business Center and Highway 82 (east parcel--90
acres), and south and southwest of the Pitkin County Airport and Highway 82 (west
parcel--125 acres). A portion of Highway 82 is also included in the proposed Annexation
Area. The City of Aspen is the owner of the subject property (excluding the highway)
and purchased the property with the intent of developing it primarily for affordable
housing. The Aspen-Pitkin Housing Authority has been working on a master plan for this
area in cooperation with neighboring properties. It is anticipated that a development
application for the subject property will be filed in late 1998 or 1999. Currently, the
property is vacant.
1. Municipal Services to be Provided to the Annexation Area
The City of Aspen will provide to the annexation area all municipal services normally
performed by the City or provided to other parts of the City, including road maintenance.
These services include police and fire services, water and sewer utilities, trail
maintenance, municipal administrative services such as planning and zoning, and
recreation facility access.
Specifically, the Annexation Area is scheduled to be served by City of Aspen municipal
water, Aspen Consolidated Sanitation District sanitary sewer, Holy Cross Electric
Association, Rocky Mountain Natural Gas, U.S. West Communications (telephone) and
TCI Cable (television). Law enforcement will be provided by the City of Aspen Police
Dept. The Annexation Area is located within the Aspen Fire Protection District, and fire
suppression is by the Aspen Volunteer Fire Dept.
It is anticipated that the area will be developed for affordable housing and some limited
free-market residences and a significant amount of open space and conservation areas.
2. Financing of Municipal Services for the Annexation Area
Municipal Services will be financed through existing sources of revenue generation,
including property taxes, real estate transfer tax and user fees. No new sources of
revenue generation are anticipated. Attached is an analysis prepared by the City of Aspen
Finance Office of the costs of the provision of municipal services to the Annexation Area
and the sources and amounts of revenue anticipated from the Annexation Area.
Memo
To: Amy Margerum, , John Worchester, Steve Barwick, Julie Ann Woods
From: Tabatha Miller, Finance Director N%
Date: October 7, 1998
Re: Burlingame Annexation
The annexation of the Burlingame parcel will have little immediate financial effect on the
City of Aspen. The property is currently vacant land owned by the City and therefore will not
increase our property tax or sales tax collections. There are no maintained streets or
residents to add to City responsibilities. The only current financial implication appears to be
weed control for the property, estimated to cost $3,000 a year.
0 Page 1
3. Existing and Proposed Zoning Districts within the
Annexation Area
The existing zoning within the Annexation Area consists of AFR-2 and AFR-10 zoning
within Pitkin County, which is intended for agricultural, forestry and residential use with
2 acre and 10 acre minimum lot sizes respectively. Within 90 days of Annexation, the
city must establish the zone districts for the land. It is anticipated that the property will
include lands zoned Open Space, Conservation, Rural Residential, and RMF-A for
Affordable Housing. A map of these existing (county) and anticipated (city) zoning
districts is provided as an appendix to this report.
4. Effect of Annexation upon the Local Public School District
System
Children of school age residing within the Annexation Area would attend schools
provided by the Aspen School district RE 1 whether that area was under City or County
jurisdiction. In 1995, both the City and the County adopted conformed ordinances with
respect to school land dedication standards.
For these reasons, annexation would have no effect on the number of students generated,
or the capital required or available to educate such students. It is anticipated, however,
that when development does occur within the annexation area, that fees would be
generated for the school district through the subdivision of lands.
5. Map Appendices
�planning\asprnl—Wbmling.do
0
THE CITY OF ASPEN
September 18, 2000
Pitkin County Attorney
530 East Main
Aspen, CO 81611
Gentlemen
The City of Aspen Council has scheduled a public hearing Monday, October 23,
2000 at 5:00 p.m. in the City Council Chambers, on the Bar/X Ranch annexation. The
Bar/X Ranch is east of town. and adjacent to the city -owned Burlingame property.
The purpose of the hearing is to determine and make a finding whether the area
proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-
5060 if you have any questions.
Sincerely
Kathry Koch
City Clerk
Enclosure
Resolution #123, 2000
Petition for Annexation
By certified mail
130 SOUTH GALENA STREET • ASPEN, COLORADo"81611-1975 • PHONE 970.920.5000 • FAx 970.920.5197
Printed m Recycled Paper
PETITION FOR ANNEXATION
TO THE CITY OF ASPEN, COLORADO:
The undersigned ("Petitioner"), this SY day of s&i7nro.&sg 2000, hereby
petitions ("Petition" the City of Aspen, Colorado, to annex to the City of Aspen, the
unincorporated territory located in the County of Pitkin, State of Colorado, described as
set forth on Exhibit A attached hereto and incorporated herein by reference ("Annexation
Property"). In support of this Petition, Petitioner alleges that:
1. It is desirable and necessary that the Annexation Property be annexed
to the City of Aspen, Colorado.
2. The requirements of Section 31-12-104 and 31-12-105 Colorado
Revised Statutes ("C.R.S. ")exist or have been met.
3. A community of interest exists between the Annexation Property and the
City of Aspen, Colorado.
4. The Annexation Property is urban or will be urbanized in the near
future and the Annexation Property is integrated with or is capable of being integrated
with the City of Aspen, Colorado.
5. Not less than one -sixth (116) of the perimeter of the Annexation Property
is contiguous with the City of Aspen, Colorado.
6. The signer of this Petition comprises more than fifty percent (5001o) of the
landowners in the Annexation Property owning more than fifty percent (50°Io) of the
Annexation Property, exclusive of streets and alleys; and the signer of this Petition hereby
consents to the establishment of the boundaries of the Annexation Property as shown on
the annexation plat submitted herewith.
7. The signer of this Petition comprises the owner of one hundred percent
(10001o) of the Annexation Property.
8. The Annexation Property is not presently a part of any incorporated
city, city and county, or town; nor have any proceedings been commenced for
incorporation or annexation of an area that is part or all of the Annexation Property; nor
has any election for annexation of the Annexation Property or substantially the same
territory to the City of Aspen, Colorado been held within the twelve (12) months
immediately preceding the filing of this Petition.
9. The proposed annexation will not result in detachment of area from
any school district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the
Annexed Property held in identical ownership, at least fifty percent (5001o) of which are
within the three (3) mile limit, the proposed annexation will not extend the municipal
boundary of the City of Aspen more than three (3) miles in any direction from any point
of the current municipal boundary.
11. The proposed annexation will not result in the denial of reasonable
access to any landowner, owner of an easement, or owner of a franchise adjoining a
platted street or alley which has been annexed by the City of Aspen but is not bounded on
both sides by the City of Aspen.
12. In establishing the boundaries of the Annexation Property, no land
which is held in identical ownership, whether consisting of a single tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the
written consent of the landowner or landowners thereof, or
(b) comprising twenty (20) acres or more and together with
buildings and improvements situate thereon having a valuation for assessment in
excess of $200,000.00 for ad valorem tax purposes for the year next preceding the
proposed annexation, is included in the Annexation Property without the written
consent of the landowner or landowners.
13. The legal description of the land owned by the signer of this Petition
is set forth underneath the name of such Petitioner on Exhibit B, attached hereto and
incorporated herein by this reference. As more particularly described on Exhibit B, the
land owned by petitioner BarW Ranch, LLC ("Bar/X Property ") constitutes one hundred
percent (10001o) of the Annexation Property pursuant to Section 31-12-107(1)(g) of the
Annexation Act.
14. The affidavit of the circulator of this Petition certifying that each
signature on this Petition is the signature of the person whose name it purports to be and
certifying the accuracy of the date of such signature is attached hereto as Exhibit C and
is incorporated herein by this reference.
15. This Petition is accompanied by four prints of an annexation map
containing, among other things, the following information:
(a) A written legal description of the boundaries of the
Annexation Property;
(b) A map showing the boundary of the Annexation Property;
(c) Within the annexation boundary map, a showing of the
location of each ownership tract in unplatted land and, if part or all of the area is
platted, the boundaries and the plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Annexation Property, a drawing
of the contiguous boundary of the annexing municipality abutting the Annexation
Property.
16. The Petitioner requests that the City of Aspen institute the zoning
approval process for the Annexed Property in accordance with C.R.S. Section 31-12-115
and Sections of the Land Use Code of the City of Aspen, and that the
City approve and execute an annexation and development agreement ("Annexation and
Development Agreement") which establishes vested property rights for the Annexation
Property and otherwise establishes the development plan for the Annexation Property in
accordance with the Pre -annexation Agreement dated , 2000, executed between
Petitioner and the City (the "Pre -annexation Agreement").
17. The signer of this Petition hereby reserves the right to withdraw this
Petition at any point prior to the later to occur of: (i) thirty-five (35) days after the
effective date of a final ordinance approving the Annexation and Development Agreement
pursuant to applicable provisions of the City Code of the City of Aspen, and C.R.S.
Section 24-68-101 et seq.; (ii) three days after the expiration of the time period prescribed
by the Charter of the City of Aspen for filing a referendum petition challenging the
ordinance approving the annexation; (iii) any later date provided for in such Annexation
and Development Agreement; (iv) thirty-five days after the date of final approval by the
City of a site specific development plan for the Annexation Property; or (v) in the event
that the City of Aspen and/or Pitkin County fail to include the Annexed Property within
their respective delineated "Committed Areas "on or before December 31, 2001, pursuant
to the terms of the proposed constitutional amendment, commonly referred to as "Citizen
Management of Growth," should the same be adopted by the voters of Colorado in the
2000 General Election. Neither the City nor the Petitioner shall cause the occurrence of
the conditions necessary to the effectiveness of this annexation pursuant to 31-12-113
(2)(a)(I)(II) C.R.S. by recordation of the annexation ordinance and annexation maps, until
the expiration of the latest of the foregoing enumerated events.
18. Upon the annexation ordinance becoming effective, and subject to the
conditions set forth in this Petition and in the Annexation and Development Agreement,
Pa
the Annexation Property shall become subject to all ordinances, resolutions, rules and
regulations of the City of Aspen, except as otherwise set forth in the Annexation and
Development Agreement, and except for general property taxes of the City of Aspen which
shall become effective on January 1 of the next succeeding year following passage of the
annexation ordinance.
19. This Petition is filed on the condition that, concurrently with its
approval of annexation of the Annexation Property: (i) the City of Aspen approve zoning
of the Annexation Property that is substantially consistent with the application for zoning
approval which Petitioner will submit following the City of Aspen making the required
finding of this Petition's substantial compliance with the requirements of the Annexation
Act, and (ii) the City of Aspen approve and authorize execution of the Annexation and
Development Agreement consistent with the Pre -annexation Agreement; and (iii) the final
approval by the City of a site specific development plan for the Annexation Property
consistent with the Pre -Annexation Agreement.
20. Except for the terms and conditions of this Petition and of the
Annexation and Development Agreement as made subject to the terms hereof, which terms
and conditions Petitioner expressly approves and which therefore do not constitute an
imposition of additional terms and conditions within the meaning of C.R.S.
Section 31-12-107(1)(g), no additional terms and conditions shall be imposed upon
annexation of the Annexation Property to the City of Aspen.
THEREFORE, Petitioner requests that the City Council of the City of
Aspen, Colorado complete and approve the annexation of the Annexation Property,
pursuant to the provisions of the Annexation Act.
Respectfully submitted this 8 day of 5gr-ra-m,3a/1 , 2000.
Signature of Landowner/Petitioner: BarlX Ranch LLC, a Colorado limited liability
company
By: ,.,�:k.,2T" s ras its �u+.��c,,uw �rld,.va•'rr
or- rm4 SuRv 1vot s -ra, i t i ,Oo'4
By: —
Name:
Title:
Date of Signature: Saerv"dcrt -*,L640
Mailing Address: c% Herbert S. Klein, Esq., 201 North Mill Street, Suite 203, Aspen,
CO 81611
Resident of the Annexation Property? NO
3
EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of
lands to the City of Aspen, consisting of pages, including this page, and that the
signature of C,q2Y thereon was witnessed by the circulator and is
the true and original signature of the person whose name it purports to be, and that the
date of such signature is correct.
la"'A 6krl�
Circulator
STATE OF NVO 441AM )
/ ) ss.
COUNTY OF
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before
me this day of 2000, by(//��/QJ��
Witness my hand and official seal.
My commission expires:
Notary Public
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Cw tod abo
VA soon Expires
zolinOpetition.l