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Z �� O O a� .� pcn a>a O.� 0 C V () u ( O "- c a`) cg En Q �L. O N (q Q= X W � 0 a E Q ❑ r- CA C❑ n. r CO V N n co a) O U « > E ro o� a) 3 cn a) w o a) U460 a) 'ca co U, E m f v _ C o CO E Q N `J rn ro 3 T• ro o f o 0 o ai O o N o � �P 'D ? y GI CJ ro�Zj a r C7 ro —0 C5 a) cn0€�c.CD CV Q I coCO o E Q > M •cn W � � o >' Q) F! -0 � a) a)O � � v cri c ZEE�2roEc•> N Q O rn O LL 0 0 •a LU i i i U i a i i U) C7 L6 cD a Z,apis asaanaa 9 1 uo pajajdLuoo ss3aaOV Nunn anoA sl ITYC S. GA I F N A City of Aspen Y. Annexation Impact Report ��� �� Air North Maroon Creek Annexation South Maroon Creek Annexation Prepared by: Aspen/Pitkin Community Development Department 16 May 1996 Contents l . Copy of the Preannexation Agreement 2. Municipal Services to be provided for the Annexation Area 3. Financing of Municipal Services for the Annexation Area 4. Existing Districts within the Annexation Area 5. Effect of Annexation upon the Local Public School District System 6. 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 and proposed land use patterns in the areas to be annexed. x 1. Copy of the Preannexation Agreement The Preannexation Agreement in this instance is a water Service Agreement, dated 26 July 1996. This Agreement details the nature of the development to be served, provides for the installation and maintenance of the water service facilities, and provides for eventual annexation by the City of Aspen. A copy of this Agreement is attached following, specific attention is drawn to section 33, Annexation, on page 16 of the Agreeement. 7� i i .L J: -� i 1 IL', I'•. ' -- 4 1 i.! '• ;�•. f 30 J 797 363 2-58 � - J•_V L Pi-? WATER SERVICE AGREEMENT THIS WATER SERVICE AGREEMENT ("Agreement") is entered into this day of 1993, in Aspen, Colorado, between th City of Aspen, Colorado, a municipal corporation and home rule city (hereafter "City"), and Pearce Equities Group II Limited Liability Company, a Utah limited liability company (hereafter "PEG II"), and Arthur 0. Pfister, Elizabeth H. Pfister and the SEP Residence Trust and the CDP Residence Trust, Colorado Trusts (together hereafter "Pfister") and the Aspen Skiing Company (hereafter "Company",). W I T N E S S E T H WHEREAS, PEG II owns, leases or holds an option to own or lease certain real property comprising approximately 369 acres situated in Pitkin County (and more specifically described on Addendum "A" attached hereto and fully incorporated herein) upon which it seeks to construct a residential development and golf course project generally consisting of forty-three (43) single- family free-market homes, thirty-seven (37) free-market town - homes, forty (40) affordable residential housing units (39 multi- family rental units and-1 single-family sale unit), and expand the existing Maroon Creek Club, f/k/a the Grand Champions Club, including the construction of an 18-hole championship golf course with supporting facilities (the "Project Property"); and WHEREAS, PEG II holds an option to purchase a certain portion of the Project Property from Arthur 0. and Elizabeth H. ` Pfister, more particularly described in Addendum "B" attached hereto and fully incorporated herein (the "Pfister Property I") which will be conveyed to PEG II should PEG II exercise its option to purchase same; and WHEREAS, PEG II and Pfister seek to obtain municipal water services from the City for the development of the Project Proper- ty, inclusive of the Pfister Property I; and WHEREAS, Pfister also owns other property in the vicinity of the Project Property as more particularly described in Addendum "C" attached hereto and fully incorporated herein for which potable water service is desired from the City (the "Pfister Property II"); and WHEREAS, the Company will own Lot 49 within the Project Property for which potable water service is desired from City (the "Company Property"); and I' -J' t_);-� , t.�C._ r !1f_i . �_� _ r . 730 F�i_7 798 •� I .� .� I t { } : ';' :L '.� z 1 .F =: I l+I !� 1 !� L e 1'. L� iJ WHEREAS, the Project, the Company Property, and the Pfister Properties I and II ("Pfister's Properties") are situated outside the corporate limits of the City; and WHEREAS, detailed subdivision approval for the Project Property development (known as Maroon Creek Ranch, f/k/a Pfister Ranch/Golf) has been granted, as amended, by the Board of County Commissioners for Pitkin County, a copy of which is attached and incorporated herein as Addendum "D" (the "Project"); and WHEREAS, water service for Pfister's Properties, the Company Property, the Project, and the Project Property will require or has previously required the installation of certain water mains and related facilities as otherwise described in the Agreement; and WHEREAS, the Municipal Code of the City of Aspen, Colorado (hereinafter "Code") requires that the extension of water service outside of the boundaries of the City shall be made pursuant to a written agreement with the City, that the City shall not be obligated to extend such service and may provide such service only upon a determination that it is in the best interests of the City, and that the City may impose such requirements by agreement as the City determines are necessary to protect the best inter- ests of the City; and WHEREAS, the City has determined that this Agreement and all covenants herein are necessary to comply with the Code and the water policies of the City of Aspen and the City is not entering this Agreement as a public utility nor holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and WHEREAS, the Code provides for the rating of new or expanded water service based on potential water demand as expressed in equivalent capacity units (hereafter "ECU"); and WHEREAS, the City desires to encourage the use of raw water supplies for the purpose of lawn and other outside irrigation 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 Project Property and Pfister's Properties; and WHEREAS, the City, PEG II and Pfister wish to enter into this water service agreement which shall supersede the defunct water service agreements dated July 9, 1990 entered into between the City, the Maroon Creek Development Corporation ("MCDC") and Pfister, as well as other agreements between and among the parties as more particularly described in paragraph 1 below; and 2 Rtic 5 C',C` _ F:: 730 799 9. -= Z i • _i. 1' 1 F ` 1 ? i': 1 i! C i-1 1 _ WHEREAS, this water service agreement (the "Agreement") is designed and intended to comply with the water service extension policies as adopted'bythe City through the passage of Resolution No. 5 (Series o,f' 1993), as amended June 28, 1993 pursuant to Resolution No. 49 (Series of 1993). NOW, THEREFORE, in consideration of the premises, mutual promises, and covenants contained herein, the parties agree as follows: PURPOSE OF AGREEMENT 1. Replacement of Prior Agreements. This Agreement super- sedes: (1) the defunct water service and raw water agreements dated July 9, 1990, among the City, MCDC, and Pfister; (2) and paragraphs 9, 12, 13, 14 and 15 of the Amended Agreement between Arthur 0. Pfister and Elizabeth H. Pfister and the City of Aspen, recorded with the Pitkin County Recorder on February 3, 1984, at Book 460, page 373-83 (Reception No. 257066) (the "Amended Agreement"); (3) and the entire Agreement between Arthur O. Pfister and Elizabeth H. Pfister and the City of Aspen dated August 8, 1982, and recorded with the Pitkin County Recorder at Book 431, pages 617-626; (4) and that certain Water Main Exten- sion and Service Agreement dated September 30, 1985, between the City and Owl Creek Development Corporation, a predecessor in interest to PEG II, to the extent the provisions of such agree- ment have not been fully performed or are inconsistent or con- flict with the terms of this Agreement. Notwithstanding the above, nothing herein shall be construed to vacate any easements as provided City under the terms of the agreements as identified in this paragraph, except as specifically provided for in this Agreement. 2. Water Service to Project and Project Property. The City hereby agrees with PEG II to provide potable water service to the Project and the Project Property, inclusive of Pfister Property I, under the terms of this Agreement in such quantities and to the extent herein provided so as to serve the structures and uses as authorized by Pitkin County under the approvals as granted in PEG II's detailed final plat submission for the Project (see Addendum "D"). Subject to the terms of paragraph 17 below, the City shall provide potable water service to the Project and the Project Property not to exceed 550 ECUs ("equiva- lent capacity units") under this Agreement; provided, however, that the maximum volume of treated water the City shall be required to provide to the Project and the Project Property under this paragraph shall not exceed 185 acre-feet/year. Subject to the terms of paragraph 17 below, the structures and uses as ap- proved for the Project and Project Property may be served without ._i r } i L , i. __� f _ _ . _ C_ 3; t:i {..� 1 ! i' •. 730 �i 8O "I .-i. S i '✓ a ': i; 1 f-S I_ I i T' t 1 +_'r • k. q D o any ECU limitation per unit or use so long as the total of 550 ECUs as specified herein is not exceeded. The parties agree that of the 550 ECUs herein provided, 'Che Maroon Creek Club (f/k/a the Grand Champions Club) present Ily utilizes 15 ECUs. PEG II hereby waives any tap fee credits that may be available to it under the Code with respect to existing structures on the Project Property that are to be demolished. 3. Water Service to Pfister Property II. The City hereby agrees with Pfister to provide potable water service to the Pfister Property II under the terms of this Agreement to serve up to a total of five (5) single family homes of up to 15,000 square feet each and five (5) employee units to be located at the West Buttermilk site, and two.(2) single family homes of up to 15,000 square feet and two (2) employee units to be located at the Tiehack (also known as the "out parcel") site, with a total ECU limit of 57; provided, however, that the total volume of treated water provided to the Pfister Property II shall not exceed 12 acre-feet/year. Pfister may allocate the 57 ECUs among the 14 residential units as described above.at his discretion. However, the parties agree that of said 57 ECUs, 8 are presently allocated to existing structures on the Tiehack parcel. If such existing structures are demolished, new structures built on the Tiehack parcel will be assessed tap fees based on those fees in effect at the time of construction, less the 1983 tap fee attributable to the original 8 ECUs. Should the new structures require or utilize more than 8 ECUs, the ECUs in excess of 8 will be deduct- ed from the remaining 49 ECUs herein provided to Pfister. The,provision of water service to the Pfister Property II is contingent upon Pfister having obtained all land use/development approvals from Pitkin County or such other governmental entity with jurisdiction over said property. 4. Limitation of Time to Provide Service. The City's obligations to provide water service to the improvements located within the Project, the Project'Property, the Company Property, and Pfister's Properties pursuant to the terms of this Agreement shall terminate if PEG II has not completed construction of the water transmission and distribution mains, internal distribution lines, and related facilities to serve the Project by December 31, 1997, unless completion of construction is delayed by force majeure as defined in paragraph 37 below, in which case the deadline shall be extended beyond December 31, 1997, by the same number of days as the force majeure delay that prevented comple- tion of construction. 4 j.:' 1 ` � =� :t � y-� r e �i 1 . i�=) F;r : 73O r'?7 8O 2 - - - CONSTRUCTION BY PEG II 5. Mains, Lines and Facilities. PEG II and/or Pfister will design and construct the water transmission and distribution mains, associated facilities -and internal distribution lines for the Project, the Company Property, and Pfister's Properties, in accordance with and subject to the City's design, material and construction specifications and approval, and at PEG II's and/or Pfister's own expense; provided, however, that to the extent the City desires any mains or facilities with capacities larger than necessary to meet the needs of the Project or Pfister's Proper- ties, the City will be responsible for the incremental cost of such enlarged or additional mains or facilities. "Incremental costs" shall be defined as the difference between the total cost of a particular facility designed and constructed solely to meet the needs of the Project and/or Pfister and the total cost of such facility as enlarged at the City's request. 6. Preconstruction Exhibits. The following exhibits concerning the Project have been prepared by PEG II and/or Pfister and have been reviewed and relied on by the City in entering into this Agreement.' Exhibit A. A description of the water mains and relat- ed facilities required for the Project; Exhibit B. A map (schematic) of the water mains and related facilities required for the Project; Exhibit C. Schedule for completion of the Project water mains and associated facilities to be constructed pursuant to this Agreement as approved by the City; 'The parties acknowledge that PEG II and Pfister have not at the time of the execution of this Agreement prepared and submit- ted to City detailed design drawings for the Project water transmission and distribution mains, internal distribution lines, storage tanks and/or other related facilities. Additionally, meaningful cost estimates for the construction of the water system have not yet been calculated. City retains the right and discretion to have submitted to it for review all design drawings and cost estimates for all water lines and facilities prior to the construction of the water system. Furthermore, and as provided in paragraph 5 of thi-s Agreement, all design, materials and construction specifications for all water lines and water system facilities must be approved by the City prior to construc- tion and/or installation. 5 730 FG 802 �' 1I 1 'F' TJ Exhibit D. Estimated gross water requirement (gpd) and water flow requirement for the Project for in -building use at full development, and estimated potable water irrigation requirements, including number of acres (not including the golf course) to be•irrigated with potable water; Exhibit E. Fireflow provisions, including location, size and description of fireflow storage to serve the Project and the Project Property; Exhibit F. Any other circumstances affecting the cost or type of construction required for the water mains and associated facilities to be constructed pursuant to this Agreement; and Exhibit G. ECU computation assumptions. (These exhibits will not be recorded with the Agreement due to their length and bulk.) 7. Bond Requirements. Prior to the commencement of construction, PEG II and/or Pfister shall provide payment and performance bonds (or other financial assurances acceptable to the City) to the City in a form approved by the City in the amount of one hundred percent (100%) of the water service system construction costs (less those incremental costs for enlarged or additional facilities to be borne by the City) which bonds shall insure the completion of the construction and hold the City harmless for payment to the contractor or any subcontractors, materialmen, or others involved in the construction of the water transmission and distribution mains, lines and associated facili- ties, or for the provision of materials therefor. This require- ment may be satisfied by naming the City as an additional or co- insured with Pitkin County on such performance and payment bonds as furnished by PEG II and or Pfister to Pitkin County as a condition of approval for the recordation of the final -plat for the Project. PEG II and/or Pfister shall also furnish to the City, in.a form approved by the City, a maintenance bond equal to 100% of the construction costs of the water transmission and distribution mains, lines and associated facilities, less those incremental costs for enlarged or additional facilities to be borne by the City, ensuring the proper condition and operation of such facilities for a period of two years from the date of completion and acceptance of the system by the City. 8. Construction. Upon completion of the prerequisites described in paragraphs 6 and 7 above, PEG II shall proceed with due diligence to construct the water transmission and distribu- 1.1 { E_ ; ;, Y : , :; e .i':_;.;i.r,; , �_;�_; ;r:: 730 �' ^ 803 i 6 . , �-- ..l t ; '_.. r is I' CD tion mains, lines and associated facilities in accordance with the plans and specifications and the construction schedule. 9. Fees. PEG II and/or Pfister shall be responsible to timely pay all fees imposed by the City in connection with reviewing and approving this Agreement, the design drawings and construction plans, as well as construction inspection and review fees, which fees shall be charged to PEG II on the same basis as they are charged to other parties similarly situated to PEG II. PEG II and/or Pfister shall also be responsible for acquiring and paying for all permits and permit fees from entities other than the City, such as Pitkin County and/or other regulatory agencies, necessary for construction of the water transmission and distri- bution mains, lines, and associated facilities. 10. Inspection of Construction. Construction must be in- spected by the City's engineers or other designated personnel prior to burial or final installation. PEG II and/or Pfister shall give the City reasonable advance notice when the mains, lines and/or associated facilities are ready for burial or installation, and the City's engineer or agent shall inspect said mains, lines and/or associated facilities within 24 hours of said notice. 11. Testing - Conveyance. Upon completion of construction and before any water is delivered pursuant to this Agreement, all distribution and transmission mains and all associated water lines and facilities shall be tested and, upon approval by the City, conveyed (excluding individual service lines) with all necessary non-exclusive easements to the City, free and clear of all liens and encumbrances, excepting liens/encumbrances securing financing for the Project, by deed in a form acceptable to the City Attorney. Performance and payment bonds provided by PEG II and/or Pfister pursuant to paragraph 7 above shall be reduced -for that construction successfully completed and accepted by the City in the same proportion to that fraction the numerator of which is the cost of the construction successfully completed and accepted by the City which is not attributable to enlarged or additional facilities requested.and paid for by the City, and the denomina- tor of which is 1000 of the water service system construction costs (less those incremental costs for enlarged or additional facilities to be borne by the City). The maintenance bond(s) required by paragraph 7 above must be in place reflecting actual construction costs prior to the City's acceptance of any line or facility. 12. Relocation of Lines and Mains. The City agrees that PEG II, the Company and/or Pfister shall be entitled to relocate the water mains and appurtenant facilities crossing the Project 7 k : i - 1 �. J. •_: i _ .:.i ...: r. r_, �4 �_, , „ ! r, , •. 7 30 1 804 Property, the Company Property, or Pfister's Properties, respec- tively, at their sole expense; provided that the City shall approve all relocations in advance in writing in order to assure that the relocated water mains, lines and/or appurtenant facili- ties will operate properly as part of the City's water system;. and further provided that the design, materials and construction of such relocated facilities shall be approved by the City prior to commencement of construction. City shall not unreasonably withhold said approvals. If any main lines, distribution lines or appurtenant facilities are relocated, the City will convey back to Pfister, the Company and/or PEG II the easements granted pursuant to this Agreement and Pfister and/or PEG II will convey to the City new non-exclusive as -built easements meeting the requirements set forth in paragraph 13 below for the relocated water mains and appurtenant facilities, subject to the same terms and conditions set forth in that paragraph. 13. Easements. PEG II, the Company and/or Pfister shall obtain at their own cost and convey in perpetuity to the City as - built non-exclusive easements for water mains, lines, tanks and other water facilities situated upon or crossing the Project Property, the Company Property, or Pfister's Properties, along with all necessary access easements for maintenance and repair purposes ("easements"). The water main and water line easements must be large enough to provide the City with at least 10 feet on either side of water mains, and lines and must specify that (1) sewer lines must be located at least ten feet from any water main or line, and (2) other utilities must be located at least five feet away from any water main or line. Access easements and easements for tanks and other facilities shall be of a size determined by the City to be reasonably necessary for the opera- tion, maintenance, and repair of the tank or other facility to be located on such easement. Each party shall be solely responsible for any injuries or damages, including costs and attorney's fees, to persons or property arising from its own negligent acts or om- issions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall mean or result in any waiver or diminishment of any defense or limitation available to City under the Colorado Governmental Immunity Act or other applicable law. The City shall reconvey to Pfister and/or PEG II all easements received by the City from Pfister and/or PEG II pursu- ant to the defunct water service agreement of July 9, 1990, as are no longer necessary to or utilized in the construction and installation of the water delivery system as described herein. �'3 {-` 1 .t r:- i 1-1 I. i' I j- V MAINTENANCE AND REPAIRS OF LINES 14. Maintenance and Repair of Water Lines. To the extent reasonably possible, the future maintenance and use of the easements as provided for and described in this Agreement by the City shall not interfere with any lawful use of Pfister's Proper- ties, the Project, or the Project Property. The City acknow- ledges that PEG II plans to build a championship golf course on a portion of the Project and the Project Property and that land- scaping is an important element to the operation of the golf course. The City, therefore, shall use its best efforts to maintain and/or restore the original contours of any disturbed golf course areas within 30 days of any installation, construc- tion or repair of the water mains or associated facilities. All repairs (other than emergency repairs) and maintenance of lines or facilities located on the golf course shall be limited to the fall or spring and, preferably, to times when the golf course is not open for use, and shall be undertaken in a manner to mini- mize, to the extent reasonably possible, disruption of the golf course. WATER SERVICE. 15. Use of Water. The potable water to be delivered by the City pursuant to the terms of this Agreement may be used for all lawful purposes, including but not limited to in-house domestic uses, fire protection, swimming pools and the normal outside irrigation of trees, lawns and gardens, not to exceed 5,000 square feet per residential unit. All water use will be consis- tent with the City' Water Policy Resolution (Resolution No. 5 (as amended) (Series of 1993)) and water conservation ordinances. 16. Water Use on Golf Course. Notwithstanding the provi- sions of paragraph 15 above, PEG II agrees that the golf course will be irrigated with raw water only, provided, however, that in the event delivery of raw water to the golf course must be suspended due to unanticipated and/or unavoidable damage to the raw water delivery system serving the golf course, PEG II may use potable water for golf course irrigation on a temporary short- term emergency basis so long as: (1) the City is able to meet all of its other water service commitments at the time potable water is needed for such irrigation; (2) the physical connection between the potable water system and the irrigation system is approved by the City; (3) the use of the potable water system to irrigate the golf course is only made at such time and in such manner as approved by the City Water Department; (4) the service is metered and paid for at the current and applicable billing area rates; and (5) such potable water is used only for temporary emergency purposes in quantities no greater than needed to E 806 i . _ _ _: properly irrigate the golf course. Because potable water as provided for in this paragraph will only be delivered and uti- lized in extraordinary and infrequent circumstances, PEG II shall be required to pay only a nominal tap fee (1 ECU) for the tap connecting the irrigation system to the water system in addition to all normal hookup charges. Additionally, any water delivered under this paragraph will not be debited against the ECU or acre feet maximums set forth in paragraph 2 above. 17. ECU Computation. The parties understand and agree that the 550 ECUs to be provided to the Project Property and the 57 ECUs to be provided to the Pfister Property II were determined on the basis of the assumptions contained in Exhibit G attached hereto and that regardless of any subsequent amendment to the Code, those assumptions will be applied to determine the ECUs allocated to a particular structure or use under this Agreement; provided that in no event shall the Project Property or the Pfister Property II be entitled to the delivery of more than 185 acre feet or 12 acre feet, respectively, of treated water per year. It is the intent of the parties hereto that the volume of water to be delivered to the Project Property and Pfister Proper- ty II under the terms of this Agreement not be reduced by future amendments to the Code redefining or recalculating ECUs. 18. Dedication of Water Rights - Cash in Lieu. Pursuant to the City's Water Policies, all extraterritorial extensions of water service are to be accompanied by a dedication or transfer of water rights from the water user to the City comparable to the water services to be delivered. Alternatively, a cash payment in lieu of the required water right may be accepted by the City in its discretion. PEG II and/or Pfister own certain water rights appurtenant to the Project and/or Pfister Properties. The parties hereto agree that such water rights should be retained by PEG II and Pfister and utilized for raw water irrigation of the golf course and other Project areas. Therefore, and in lieu of the dedication or transfer of said water rights to the City, PEG II and Pfister shall make a cash payment to the City in the sum of $27,000, such sum to be paid upon the execution of this Agreement. The parties agree and acknowledge that said cash payment is an adequate substitute for the water rights otherwise required to be transferred to the City for the potable water to be delivered by the City to the Project, the Company Property, and Pfister Properties under the terms of this Agreement. 19. Tap Fee Computation. All tap fees for potable 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 10 h :t t '�' 1 .a- �� : a- -.� 1 .-� 1" � .I = 4•�: i I'l '..., i it `J 7�Q 1907 ' t `U 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. 20. Service Line Meters. Each service line shall be me- tered in accordance with the Code at the sole expense of PEG II or Pfister or their successors, as the case may be. 21. Limitations on Provision of Water Service. This Agreement is only for the supply of potable water service as herein described and no expansion of uses, connections, or water services beyond those set forth herein and in the addenda and exhibits hereto is in anyway authorized by this Agreement. The City is not by this Agreement prejudging, certifying or guaran- teeing its ability to provide potable water service to any use or structure other than 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. 22. Service Subject to City Charter, Codes, Rules, Regula- tions and Policies. PEG II and Pfister 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. PEG II and Pfister shall also be bound by, and all water.service provided hereunder shall be subject to, all applicable rules, policies or regulations of the City now in effect or as may be hereafter adopted, except that to the extent such rules, policies or regulations conflict with this Agreement, the terms of this Agreement shall govern. 23. Responsibility for Payment of Water Rates. In no event shall PEG II or Pfister be responsible for the payment of water rates for the delivery of water to property other than that property which they lease or to which they have title at the time of water delivery. 24. Rules Regulating Water Use. PEG II and Pfister agree to adopt all provisions set forth herein as the rules and regula- tions governing the use of water on the Project, the Project Property and Pfister's Properties and agree that this Agreement shall be recorded as covenants running with the land and shall be as fully enforceable on the Project Property and Pfister's Properties as if the same were situated inside the City. PEG II and Pfister also agree to assist the City in every manner reason- ably possible to enforce City rules and regulations made to protect purity, safety and supply of the water delivered pursuant to this Agreement, including curtailment during times of short- age, elimination of any potential cross -connections, and the 11 utilization of water conservation devices as set forth in the Code. PEG II and'Pfi.ster also agree to prohibit all unnecessary or unreasonable waste of water on the property served pursuant to 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. 25. Source of Water Supply. The parties to this Agreement recognize that the water supply for.the City is dependent upon sources from which the supply is variable in quantity and/or quality and beyond the reasonable control of the City. No liability shall attach to the City hereunder on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to inadequate run-off, poor quality, or occurrence beyond the reasonable control of the City. 26. No Guaranty of Water Quality, Quantity or Pressure. The City makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppres- sion, except as specifically provided herein or as is required by applicable federal, state and local statutes and regulations. The City agrees to treat its water to meet all mandatory local, state, and federal potable water standards and to exercise reasonable care and foresight in furnishing water hereunder equal in quality to that water furnished inside the City. 27. Property Rights in Water. All water furnished under this Agreement is on a contractual basis for use on the Project Property or Pfister's Properties as described herein and all property rights to the water to be furnished hereunder are reserved to the City. Such water service does not include any right to make a succession of uses of such water and upon comple- tion of the primary use on the Project Property and/or Pfister's Properties, all dominion over the water so leased reverts com- pletely to the City. Subject to the prohibition against waste and any other limitations on water use imposed herein, PEG II and Pfister have no obligation under this Agreement to create any particular volume of return flow from the water delivered hereun- der. PEG II and Pfister agree to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting is required by the Colorado State Engineer or his agents. VIOLATIONS 28. Enforcement by 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 12 _ r • 'Y _ �41_:1--•.'�' J. �_%�_1f, 730 PC3 v07 }.j .•r. i _.. q s '- i � !;_- ^I ! _ •� t-.+ .� }�• : q )✓} 1 1 !._ • r _i � - Agreement by the disconnection of the supply of water provided hereunder. Additifonally, in the event that PEG II, or Pfister, or any user who,has purchased or leased a portion of the Project, the Project Property, or the Pfister Properties, violate the rules, policies, regulations or ordinances of the City, the City shall have all remedies available to it at law or equity, or as provided in the Municipal Code of the City of Aspen. Should any person or entity violate the terms of this Agreement (other than by non-payment of water service charges), the City, except in cases of emergency as determined by the City, shall give prior written notice to the violating party specifying the grounds upon which the City believes a default or violation has occurred. The violating party shall then have 30 days from the receipt of said written notice to cure the default or violation (except in cases of emergency); or in the alternative, if the default or violation by its nature cannot be cured within said 30 days, the violator shall initiate action to cure said default or violation within said 30 days and shall act with due diligence to complete.the cure of said default or violation within a reasonable period of time thereafter. In all events the City shall be free from any liability arising out of the exercise of its rights under this paragraph. Notwithstanding the above, in no event shall a violation by any user who has purchased or leased a portion of the Project and/or the Project Property or Pfister's Properties, as the case may be, provide a basis for the termination of this Agreement as the same relates to any other non -violating party or its property, nor shall said violation provide any basis for turning off or disconnecting the supply of water to any non - violating party or its property. TERMINATION 29. 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. 30. Termination if Illegal. The parties agree, intend and understand that the obligations imposed by this Agreement are only such as are consistent with state and federal law and the Aspen Municipal Code. The parties further agree that if any provision of this Agreement becomes in its performance inconsis- tent with the Code or state or federal law, or is declared invalid, the parties shall in good faith negotiate to modify the Agreement so as to make it consistent with the Code or state or federal law, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall terminate. 13 730 u �� i 1 Cl 'y' i_1 ? r " iJ CD WATER SERVICE TO ASPEN SKIING COMPANY FACILITY 31. Water Service to Restroom Facility. The parties ac- knowledge that the Aspen Sl�iing Company ("Company") wishes to have potable water service provided to a ticket office/restroom facility located at the base of the Buttermilk/Tieback ski area on Lot 49 of the Project Property and that such service can be provided through the water transmission and distribution mains be constructed pursuant to this Agreement. The City hereby agrees to provide potable water service under the terms of this paragraph to serve said ticket office/restroom facility for up two (2) ECUs, which ECUs shall not be charged against the ECUs allocated to PEG II under.paragraph 2, or to Pfister under paragraph 3 of this Agreement. ECUs shall be assigned to the facility as provided by the Code.2 to i• • 32. Agreement by Aspen Skiing Company. In consideration of the water service provided in paragraph 31 above, and by its signature on this Agreement, the Company, for itself, its succes- sors and assigns, agrees as follows: a. No potable water service shall be provided pursu- ant to paragraph 31 and this paragraph 32 unless and until the water service facilities to be constructed by PEG II and/or Pfister on the Project Property pursuant to this Agreement have been fully constructed and accepted by the City as provided in this Agreement; b. Potable water provided pursuant to paragraph 31 will be used only for indoor purposes at the ticket office/rest- room facility and for no other purpose; C. The Company is bound by and shall comply with the provisions of paragraphs 19-22, 25, 26, 29, 30, 34-38, 41, and 43-45 of this Agreement as fully and completely as if it were identified along with Pfister and/or PEG II in said paragraphs as a party bound thereby and subject thereto; d. The Company is and shall be responsible for the payment of all tap fees, hookup charges, and water rates for the delivery of City water to the facility situated on Lot 49; 2This structure shall be considered a "retail" and not a "commercial recreational" facility under Section 23-44(a) of the Code so long as it remains strictly a ticket office/restroom. 14 1 _ T 730 P G 81 1 •J .:. ._ Vr t •:i r. _' :'y •Y• 1 '.._ q .L - 1'•. i -_ �.._ �::: 1�� [�i :.._ 'i . (-1 �.-i e. The provisions of paragraphs 31 and 32, upon recording with the Pitkin County Recorder, shall be covenants running with Lot 49 and shall be as fully, enforceable on said property -as if said property were situated inside the City; f. The Company shall assist the City in every manner reasonably possible to enforce City ordinances, rules and regula- tions made to protect purity, safety and supply of the water delivered pursuant to paragraphs 31 and 32, including curtailment of water during times of shortage, elimination of any potential cross -connections, the utilization of water conservation devices, and prohibition of all unreasonable or unnecessary waste of water (as defined in the Code) an the property served pursuant to paragraphs 31 and 32; g. The Company agrees that all water furnished to it under paragraphs •31 and 32 is on a contractual basis only for use at the ticket office_/restroom facility on Lot 49, that all property rights to the water so furnished are reserved to the City, that such water service does not include any right to make a succession of uses of such water, and, upon completion of the primary use at the ticket office/restroom facility, all dominion over the water so furnished reverts completely to the City; h. Subject to the prohibition against waste and any other limitations on water use imposed herein, the Company has no obligation under this paragraph to create any particular volume of return flow from the water delivered hereunder, provided, however, that the Company shall 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; i. The Company acknowledges that the City has the right to enforce its rules, policies, regulations, ordinances, and the provisions of paragraphs 31 and 32 by disconnection of the supply of water provided to Company hereunder, and that if the Company violates any such rules, policies, regulations, or ordinances, the City.shall have all remedies available to it at law or equity or as provided in the Municipal Code of the City of Aspen, provided, however, that, no violation by any water user who owns or leases any or all of the Project Property or the Pfister Properties shall provide a basis for the termination of water service.to the Company as provided for in paragraphs 31 and 32; j. The Company, upon the request of the City, and at the City's sole discretion, shall petition for and/or consent to annexation of Lot 49 to the City of Aspen at such time as deter- 15 F; ��3;i t:�<i_;'t; 730 t='�� 812 mined necessary by the City, and agrees that failure to commence and complete annexation proceedings as herein required shall authorize the City to commence and/or complete such annexattion on the Company's behalf, with all costs and fees associated there- with to be borne by the Company. Such annexation shaft not divest or diminish land use approvals or development rights awarded by Pitkin County for Lot 49 as legally vested prior to the annexation of Lot 49 to the City. k. Paragraphs 31 and 32 of this Agreement shall be binding upon, and inure to the benefit of, the Company, its successors and assigns, and may not be amended or assigned with- out the written consent of the City, which consent shall not be unreasonably withheld. Notwithstanding the foregoing provision, the Company may collaterally assign its rights and interest under this Agreement, in whole but not in part, to any lenders as part of a secured financing or refinancing by the Company. After delivery of notice to the City of any such collateral assignment,. such lenders and their assigns shall have a right to written notice of default and the right, but not the obligation, to have a reasonable opportunity to cure any default of the Company. If any such lenders or their assigns shall succeed to the Company's interests under this Agreement, such lenders or their assigns shall assume the burdens and obligations of the Company as of the date such lenders or assigns acquire title to any property covered under this Agreement. GENERAL PROVISIONS 33. Annexation. Upon the request of the City, and at its sole discretion, PEG II and/or Pfister, or their successors in interest, shall petition for and/or,consent to the annexation of the Project and Project Property and/or the Pfister Properties, respectively, or those portions thereof as deemed appropriate by the City, to the City of Aspen at such time(s) as determined necessary by the City. Such annexation(s) shall not divest or diminish the land use approvals or development rights awarded by Pitkin County for the Project or Project Property, or the Pfister Properties, as legally vested on behalf of PEG II or Pfister, or their successors, prior to the annexation of the subject property to the City. Land use approvals or development rights not vested in accordance to law prior to the annexation shall be subject to the terms, conditions and regulations of the Aspen Municipal Code upon annexation. The failure of PEG II or Pfister or their successors in interest to commence and complete annexation proceedings for their respective properties as herein required shall constitute a material breach of this Agreement authorizing the City to terminate same as it relates to the defaulting party. Alternatively, a failure of PEG II, Pfister, or their successors 16 1=7- � j ,- :�.i; , i )i l BF:: 730 F'v B 13 is lCrity r1 rF:, n0 c in interest to commence and complete annexation for their respec- tive properties as herein required shall authorize the City to commence and/or complete such annexation on their behalf, in which event the City shall charge, and.PEG II, Pfister and/or their successors shall pay, all costs and fees associated with such annexation of their respective properties. 34. No Public Utility Status. The parties agree that by this Agreement the City does not become a public utility com- pelled to serve other parties similarly situated. Pfister and PEG II agree that.neither they nor their successors or assignees shall at any time petition the Colorado Public Utilities Commiss- ion 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 public utility by virtue of the Agreement, the Agreement shall terminate and be of no further force or effect. 35. 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. 36. Notices. All notices hereunder shall be given in writing by mail at the following appropriate address of the party, postage prepaid: City of Aspen c/o City Manager 130 South Galena Street Aspen, Colorado 81611 cc: City Attorney 130 South Galena Street Aspen, Colorado 81611 PEG II Pearce Equities Group II c/o Andrew V. Hecht, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 Limited Liability Company cc: Kirk B. Holleyman, Esq. 730 17th Street, Suite 730 Denver, Colorado 80202 17 W 4 R $340 , tit=i BE:: 730 F'G 814 i1via D.-avi S, Pi =k:in Cnty E Ier-k, D$. Arthur O. Pfister and Elizabeth H. Pfister Arthur O. Pfister P.O. Box EE Aspen, Colorado 81612 cc: Kirk B. Holleyman, Esq. 730 17th Street, Suite 730 Denver, Colorado 80202 SEP Residence Trust Andrew V. Hecht, Esq., Trustee Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen,. Colorado 81611 CDP Residence Trust Andrew V. Hecht, Esq., Trustee Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 The Company Andrew V. Hecht, Esq.. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 I The Aspen Skiing Company c/o General Manager P.O. Box 1248 Aspen, Colorado 81612 cc: Arthur B. Ferguson, Jr., Esq. Holland & Hart 600 East Main Street Aspen, Colorado 81611 37. Force Ma'eure. 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 the party. 38. Severability. If any provision of this Agreement shall be or become invalid or unenforceable, the remainder of the provisions shall not be affected thereby and each and every provision shall be enforceable to the fullest extent permitted by law. ON 730 815 Doc 39. Amendments - Assignments. Neither this Agreement, nor the right to receive water service hereunder, may be amended or assigned without the written consent of the parties hereto. Consent to amendments shall not be unreasonably withheld so long as any proposed amendment does not substantially increase the level of water service (total acre feet) or ECU limit as provided for in the Agreement. The City must approve in writing any assignment of part or all of the rights of Pfister or PEG II hereunder, and shall have the right to fully investigate any assignee, and may decline to approve any assignment in its reasonable discretion. Any transfer of ownership or control of PEG II which results in majority control or ownership passing to anyone other than James T.. Pearce, Jr. (member of PEG II), or an entity not wholly owned and controlled by James T. Pearce, Jr., shall be deemed an assignment subject to this paragraph. PEG II or Pfister may collaterally assign its rights and interest under this Agreement, in whole but not in part, to any lenders as part of a secured financing or refinancing by PEG II or Pfister, respectively. After delivery of notice to the City of any such collateral assignment, such lenders and their assigns shall have a right to written notice of default and the right, but not the obligation, to have a reasonable opportunity to cure any default by PEG II or Pfister, as the case may be. If any such lenders or their assigns shall succeed to PEG II or Pfister's interest under this Agreement, such lenders or their assigns shall assume the burdens and obligations of PEG II or Pfister, as the case may be, as of the date such lenders or assigns acquire title to any property covered under this Agreement. Any consent to a previous assignment or amendment shall not be deemed as a consent to any subsequent assignment or amendment. Furthermore, any attempted assignment by Pfister or PEG II, or any assignee or successor of either, in violation of this paragraph shall render the Agreement void. 40. Total Agreement. Except as otherwise provided for herein, this Agreement, including its addenda and exhibits, supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement among the parties governing the matters as provided for herein. 4.1. Interpretation. Neither the titles to this Agreement nor the recitals appearing prior to paragraph 1 of this Agreement shall be used to alter the meaning of this Agreement and in the event of a conflict, the terms and conditions of the numbered paragraphs shall govern. 42. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, m l,)}� e 'i , rlF'� 2 y �_) { 1!_) f f •. 3L! i �� 816 VI•.. �ct`r�1 ,_. � Pi�:I �.. nty` Clerk: � ��� 1c �. (_)C and any sale of the Project and the Project Property or Pfister Properties shall be subject to this Agreement as provided herein. This Agreement (absent the exhibits )3 shall be promptly recorded at PEG II's cost by the City and shall constitute a covenant running with the Project, the Project Property, and the Pfister Properties as described in Addenda "A", "B" and "C", respec- tively, for both the burdens and benefits of each. 43. Applicable Law - Venue - Attorneys Fees. This Agree- ment and the rights and obligations of the parties hereto shall be interpreted and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under the Agreement shall be in Pitkin County. In the event of litigation, the court shall award the in party reasonable attorneys' fees, expert witness fees, and costs incurred by such party in any action enforcing the terms of this Agreement. 44. Authorized Signatures. By signing this Agreement the parties acknowledge and represent to one another that all proce- dures 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. 45. 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 hereto set their hands on the day and year above first written. THE CITY OF ASPEN, COLORADO A Municipal Corporation By:_ Joh S. Bennett, Mayor ATTEST: Kathryn Koch, City Clerk 3The exhibits to the Agreement being lengthy, illustrative and technical in nature, the parties agree that they not be recorded along with the Agreement. 20 730 E317 1 1 v i a. D -V'=, D o APPROVED AS TO FORM: Edward M. Caswall, Esq. City.Attorney APPROVED AS TO FORM: V_ Kirofleyma_n, Es - Hawley & VanderWerf, P.C. APPROVED AS TO FORM: Andrew V. Hecht, Esq. Garfield & Hecht, P.C. 21 PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY A Utah Limited Liability Com- pany j.mes T. Pearce, tr. pre-s+rle-fTt 4A e-'0*9 ARTHUR 0. PFISTER AND ELIZABETH PFISTER ()Z- - 4, � ) .z' Arthur0. P f i dZ'er�' v z9 Efi_z,--ebeth H. Pfister j 3K 730 F'C C # Dr3f- $. (- -) Pi t )avi s AP2ROVED AS TD—FORM: Arthur B. Fergus Jr. Holland & Hart,' O� BY: SEP RESIDENCE TRUST A Colorado Trust Andrew V. Hecht, Trustee CDP RESIDENCE TRUST A Colorado Trust By: Andrew V. Hecht, Trustee ASPEN SKIING COMPANY, a Colorado general partnership By: MKDG III/MKDG IV PARTNERSHIP, a Colorado general partnership, General Partner By: MKDG III ASPEN, INC., a Delaware corporation, General Partner 7 By: NaP4: ✓ Z /Pltle: 611 C 22 2. Municipal Services to be provided for 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, with the exception of 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 TO Cable (television). Law enforcement will be provided by the City of Aspen Police Department. The Annexation Area is located within the Aspen Fire Protection District, and fire suppression is by the Aspen Volunteer Fire Department. The area is being developed under a Planned Unit Development zoning process which calls for the roads within the annexation area to be privately owned and maintained. The City may provide emergency maintenance under extraordinary circumstances, but all routine maintenance and/or reconstruction will be the responsibility of the property owners and any associations they may develop for this purpose. 3. Financing of Municipal Services for the Annexation Area Municipal Services will be financed through existing sources of revenue generation, including property taxes, sales 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. MEMORANDUM TO: Mayor Bennett Aspen City Council FROM: Steve Barwick E. J. Christensen �4_rf�� DATE: March 1,4996 SUBJECT: Maroon Creek Annexation As part of the staff analysis related to the proposed annexation of the Maroon Creek parcel, we have made a preliminary examination of the financial impact upon the City of Aspen. Please note that our analysis is based upon our best estimates of items such as property market values and turnover rates, and the eventual demand for City services. The long-term financial impact will depend upon these issues as well as the outcome of future discussions with the County and the property owner. General Fund Impact Our analysis shows that, after complete build -out, this annexation would generate $148,000 of annual revenue in the General Fund and only $43,000 of annual operating expenses. The vast majority of the new revenue generated would come in the form of property taxes. Since this property would not be added to the City roles until January 1, 1997 and property taxes are collected one year retroactively, no new property tax revenue would reach the City until 1998. We estimate that the cost of general fund services for this area will total only $43,000 per year. This estimate is based upon our assumptions that the City will maintain only a small portion of the area's roads, no public parks will exist, and trail maintenance will continue to be the responsibility of Pitkin County. Please note that the City's expenses could increase dramatically if we are eventually responsible for such services. However, our analysis indicates that it is highly unlikely that the eventual cost of providing General Fund services will ever be greater than the revenues generated by this annexation. Other Funds The largest single source of revenue expected to be generated by this +.annexation is the Real Estate Transfer Tax (RETT). Annually, over $85,000 of RZTT could be generated for the Wheeler Opera House and $160,000 for the Housing/Daycare Fund. Funding 'Timing As noted above, the General Fund will not receive property tax from this area until 1998. For this reason we expect the General Fund to approximately break even financially until 1998. At that time the City's General Fund should see a positive cash flow. The other major revenue source associated with this proposed annexation is the RETT: This revenue will begin to be collected immediately after an annexation takes effect. The amount of RETT from this area may very well be quite high for the first few years as the properties change initial ownership. Summary Preliminary estimates of the financial impacts of annexation of the Maroon Creek area show that the City will receive substantially more revenues than associated expenses. The exact amount of expenses could vary dramatically based upon future negotiations and service levels. However, we currently do not foresee any circumstances under which the City will encounter a negative cash flow because of this annexation. 4. Existing Zoning Districts within the Annexation Area The existing zoning within the Annexation Area consists of a Planned Unit Development previously approved by Pitkin County. The PUD contains lands dedicated to residential development, recreation facilities, and public open space. A map of these districts is provided as an appendix to this report. The bty of Aspen intends to adopt the PUD zoning as previously approved by the County. The City has underlying zoning districts similar to those developed through the County approval process, and would not need to identify new zoning district types in order to adopted the previously approved zoning. Memorandum TO: Stan Clauson, Community Development Director FROM: Mary Lackner, Planner RE: Maroon Creek Club Rezoning DATE: March 5, 1996 This memorandum is in response to your request for the recommended rezoning classifications for the Maroon Creek Club which is being considered for annexation into the City of Aspen. I have reviewed the Detailed Submission and Final Plat documents to determine approved development and existing zoning of this project. Due to the extensive development. approved for this subdivision (there are 52 development lots and 21 golf course/common parcels) staff is recommending eight different zone districts to be applied to various parcels. We are also recommending a PUD overlay for the entire subdivision and SPA overlay on some of the ski area parcels and Lot 51. Staff also recommends that the existing portion of the Maroon Creek Club which has been annexed by the City be rezoned from OS to P, because the OS zone does not permit a golf course. Staff has attached an existing zoning and proposed rezoning map as exhibits to this memorandum. This project was a complex PUD review with numerous negotiations for the number and size of residences, floor area calculations, and siting of residences for limited visual impact which would be unnecessary and very difficult to recalculate under the City zoning requirements. The recommended rezoning for each parcel takes into consideration the type of development proposed for the site and would enable the PUD approved setbacks, floor area, and height requirements. The most significant difference between the County zoning and the City zoning is that the R-15 zone district in the City permits a 25 foot residence and a duplex unit and the County permits a 28 foot residence and only a single family residence. The City's RR zone district is consistent. with the County's R-30 district in that both permit a 28 foot residence. It is staff's opinion that by approving an annexation agreement that adopts the entire PUD with the existing agreements between the County and the developer, these variations will comply with the Aspen Municipal Code. Staff recommends that the Maroon Creek Club be annexed with all PUD, General Submission, Detailed Submission, Final Plat, and Subdivision Improvements Agreements carried forward for implementation by the City of Aspen. Future variations to the development proposal would be reviewed pursuant to the amendment process of the PUD, and on certain lots the SPA, overlay areas. Exhibit "A" provides an analysis of the approved development, current County zoning, and recommended City zoning for each parcel within the Maroon Creek Club. Staff has also provided an existing and proposed zone district map for this subdivision. O►�� > > xy Oro 'd �n Oro cn Fd cn r r r A N P � s 40aQ. i. ' �� . �3'..., as 0 r) a cu cn «a rye+ oc b o o a N 1 CD CD 'd W Co CCD w CD M W � � 4 ~ � n W x Cn td lC) �1 ✓\ N Cn H O o o� %O 00 �1 0� Vl A W �;,� th O�0 Vet � FW+ N C C < tJ H W 0 R �f fn y CD 0 (D (D , C O C O c-. G C L G C1. (M aq UG (D (D (D z a CD (D CD O O O O tJ ^ J rn{ D coo C CD~ C1 tr p CD C CD (D C (D tr tr cn c L y O O CD (<D a, CL 0 CD (<D N 'U 'd x+ (D CD U) I z re. 5. Effect of annexation upon the local Public School District system. Children of school age residing within the Annexation Area would attend the schools provided by the Aspen School District RE 1 whether that area was under City or County jimsdiction. 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 educated such students. 14 L -Fj At 00 ;001 I I 31-12-104. Eligibility for annexation. (1) An area is eligible for annexa- tion if the governing body, at a hearing as provided in section 31-12-109, finds and determines: i i That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of ry, a public or private a platted street or alley, a public or private right-of-wa transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except count a-0wa �open between or a lake, reservoir, stream, or other natural or artifice Y the annexing municipality and the land proposed to be annexed. Subject e contiguity may to the requirements imposed by section 31-12-105 (1) (), g Y be established by the annexation of one or more parcels in a series, which ' annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 an b 31-12-109 and the annexation impact report required by section 31-12-108.5 . (b) That a community of interest exists between d area isanropose will to be annexed and the annexing municipality; that th or be urbanized in the near future; and that said municipality. area is integrTh d facet that is capable of being integrated with the annexing the area proposed to be annexed has thcontiguity ° subsection oneth the (1) shall be is baseng s for nici- pality required by paragraph (a) of this a finding of compliance with these requirements at the go provided body, fo upon the basis of competent evidence presented in section 31-12-109, finds that at least two of the following are shown to exist: (I) Less than fifty percent of the adult residents on the earea roposed to be annexed make use of part or all of the g types facilities of the annexing municipality: Recreational, civic, social, ,religious, adult redents or commercial; and less than twenty-five percent of darea's are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall n apply. (II) One-half or more of the land in the area prop rs of deco osee annexed al (including streets) is agricultural, and the land land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. (III) It is not physically practicable to extend. to the area proposed to be annexed those urban services which the ann municipality s a d conditions as such in common to all of its citizens on the same to services are made available to such citizens. This sto be ardexeallnot apply s provided to the extent that any portion of an area proposed or will within the reasonably near future be provided with any service by or through a quasi -municipal corporation. a of subsection (1) of' this (2) (a) The contiguity required by paragraph boundary of an area which section may not be established by use of any at the time was reviously annexed to the annexing municipality if the the boundary of p of its annexation,. was not contiguous at any point the annexing muncipality, and was not , and otherwise located liance with para- more than three graph (a) of subsection (1) of this section, andmay such miles from the nearest boundary of the annexing municipality,orhi h is subse- contiguity be established by use `off anybhich oundary indirectly connected through subse- quently annexed directly to, or quent annexations to, such an area. 4.�--bow (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in 'hola- tion of this subsection (2) may be declared by a court of competent jurisdic- tion to be void ab. initio in addition to other remedies whfich may be provided. The provisions of section 31-12-116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan ' in place pursuant to section 31-12-105 (1) (e) directly affected by such annexation, in addition to those described in section 31-12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. 31-12-105. Limitations. (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the land- owners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way.. (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, com- prising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part I without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way. (c) No annexation resolution pursuant to section 31-12-106 and no annexation -petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the pur- pose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolu- tion of intent or by petition for an annexation election is prosecuted without a unreasonable delay after the effective date of the resolution setting the hear- ing date. (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no -annexation resolution pursuant to section 31-12-106 or -annexation peti- tion or petition for an annexation election pursuant to section 31-12-107' is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexa- tion. (e) Except as otherwise provided in this paragraph (e), no annexation may take place which would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1) (a) may be achieved by annexing a platted street or alley, a public or private right-of- way, a public or private transportation right-of-way or area, or a lake, reser- voir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area, which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanita- tion, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. March 18,•1996 Aspen Valley Hospital District 0200 Castle Creek Road Aspen, CO 81611 Gentlemen The City of Aspen Council has scheduled a public hearing Monday, April 22, 1996, at 5:00 p.m. in -the City Council Chambers, on the north and south Maroon Creek annexation. This property is located west of town adjacent to the Zoline parcel and to Maroon Creek. 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 By certified mail 130 SOUTH GALENA STREET • AsPEN, COLORADO 81611 - PHONE 303.920.5000 FAx 303.920.5197 Printed on recycled paper Vllla,�b MEMORANDUM THE CITY OF ASPEN CITY ATTORNEYS OFFICE TO: Mayor and Members of Council FROM: John P. Worcester }` DATE: March 4, 1996 RE: Maroon Creek Club Subdivision Annexation Attached for your consideration are two resolutions which, if adopted, would initiate annexation proceedings for the Maroon Creek Club Subdivision. The City Manager filed annexation petitions with the City Clerk on March 5, 1996, on behalf of the property owners. The property owners previously consented to annexation upon their execution of the Water Service Agreement which obligates the City to provide water service to the subdivision. (Chuck Vidal who represents Pearce Equities and the owners of the property has been made aware that the Citry would initiate annexation proceedings in this fashion) . Annexing the entire subdivision will require two separate annexation proceedings as the 1/6 contiguity requirement is not satisfied for the parcel as a whole. "Series" annexation as proposed by these back to back resolutions is authorized by statute and is frequently employed for odd shaped parcels. This office and the Engineering Department have determined that the petition complies with the technical requirements for a petition pursuant to state annexation laws. According to state law, the next step in the annexation process is for Council to set a date for a hearing, no less than 30 days nor more than 60 days after the effective date of the attached resolution setting the date for the public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12-105, C.R.S. Section 31-12-104 of the Colorado Revised Statutes requires: and (a) That not less than one -sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality.... (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality.... v Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the limitations in the statute appear to prevent this annexation (limitations on dividing land held in identical ownership, commencement of annexation proceedings for annexation to other municipalities, detachment of area from a school district, prohibition against extending city limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so Council can make those specific findings. Before these parcels can be annexed into the City the following steps must take place: (a) A hearing before Council to determine compliance with Sections 31-12-104 and 31- 12-105, C.R.S. as described above. (b) Underlying zoning needs to be established through P&Z which will then make a recommendation to Council. (The Ordinance establishing the zoning can be acted on at the same time the annexation ordinance is adopted.) Adoption of the attached resolutions will cause staff to continue working on the above described steps. Once the steps are completed, two ordinances will be presented to Council to formally annex the area into the City. REQUESTED ACTION: A motion to adopt Resolution No. i0i t , Series of 1996. marroncr. res 2 PETITION FOR ANNEXATION Maroon Creek Club Subdivision (North) Annexation WHEREAS, Pearce Equities Group II Limited Liability Company ("PEG II"), owns certain real property located in the unincorpo- rated area of Pitkin County, Colorado, commonly referred to as the Maroon Creek Club Subdivision (North), more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, PEG and the City of Aspen entered into a Water Service Agreement dated July 26, 1993, and recorded at Book 730, Page 797, in the Pitkin County Clerk and Recorder's office, wherein PEG II, and its successors in interest, consented to the annexation of the property to be served by the City of Aspen Water Department to the City of Aspen at such time as determined necessary by the City of Aspen; and WHEREAS, the City of Aspen has determined that it is neces- sary and desirable to annex the subject property at this time; and NOW, THEREFORE, the undersigned on behalf of the City of Aspen and in accordance with Article 12, Chapter 31, C.R.S. as amended, hereby petitions the City Council of the City of Aspen, Colorado, for annexation to the City of Aspen the unincorporated real property more particularly described below, to be known as "Maroon Creek Club North Annexation", and in support of said Petition, your petitioner alleges that: 1. It is desirable and necessary that the territory described in Exhibit "A" attached hereto and incorporated herein by reference be annexed,to the City of Aspen, Colorado. 2. Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous to the City of Aspen, Colorado. 3. A community of interest exits between the territory proposed to be annexed and the City of Aspen, Colorado. 4. The territory proposed to be annexed is urban or will be urbanized in the near future. 5. The territory proposed to be annexed is integrated or is capable of being integrated with the City of Aspen. 6. The petitioner herein, the City Manager of the City of Aspen, has the consent of the owners by virtue of said Water Service Agreement of one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said petitioner attesting to the facts and agreeing to the conditions herein contained will negate the necessity of an annexation election. 7. No part of the territory to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established less than one year from the date of this Peti- tion. 8. The proposed annexation will not result in the detach- ment of area from any school district. 9. The mailing address of each signer, the legal descrip- tion of the land owned by the signer as legal representative of the owners, and the date of signing of each signature are all shown on this Petition. 10. Attached to this Petition as Exhibit "B" and by this reference incorporated herein is an annexation map containing the information required by Section 31-12-107(1)(d), C.R.S. 11. The territory to be annexed is not presently apart of any incorporated city, city and county, or town. Dated:L-�hk_C4 2 City0Ianager City of Aspen 130 South Galena Street Aspen, Colorado 81611 EXHIBIT "A" MAROON CREEK CLUB ANNEXATION NO. 1 NORTH PARCEL DESCRIPTION A parcel of land situated in Section 2 and 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as follows: Beginning at a point on the northeasterly right-of-way line of Colorado State Highway No. 82, whence the Quarter Comer common to said Sections 2 and 3 bears North 59 Degrees 19 Minutes 12 Seconds East, a distance of 777.77 feet; thence general along the Fence line on the southerly side of Stage Road the following courses and distances; South 60 Degrees 15 Minutes 00 Seconds East, a distance of 308.40 feet; South 64 Degrees 30 Minutes 00 Seconds East, a distance of 37.66 feet; North 42 Degrees 12 Minutes 16 Seconds East, a distance of 2.57 feet; South 64 Degrees 30 Minutes 00 Seconds East, a distance of 328.51 feet; South 62 Degrees 00 Minutes 00 Seconds East, a distance of 70.17 feet; South 58 Degrees 08 Minutes 00 Seconds East, a distance of 86.98 feet; South 55 Degrees 44 Minutes 00 Seconds east, a distance of 75.14 feet; South 64 Degrees 10 Minutes 00 Seconds East, a distance of 79.10 feet; South 73 Degrees 03 Minutes 00 Seconds East, a distance of 50.29 feet; South 78 Degrees 44 Minutes 00 Seconds East, a distance of 203.36 feet; South 75 Degrees 47 Minutes 00 Seconds East, a distance of 94.37 feet; South 69 Degrees 14 Minutes 00 Seconds East, a distance of 39.52 feet; South 59 Degrees 14 Minutes 00 Seconds East, a distance of 131.07 feet; South 48 Degrees 35 Minutes 00 Seconds East, a distance of 15.27 feet; South 10 Degrees 26 Minutes 00 Seconds East, a distance of 26.19 feet; South 87 Degrees 11 Minutes 08 Seconds East, a distance of 67.69 feet; South 87 Degrees 48 Minutes 18 Seconds East, a distance of 142.90 feet; South 87 Degrees 38 Minutes 24 Seconds East, a distance of 105.68 feet; South 88 Degrees 09 Minutes 03 Seconds East, a distance of 98.34 feet more or less to the northwesterly corner of the CTTYIZOLINE OPEN SPACE AND COLORADO STATE HIGHWAY 82 ANNEXATION, as recorded in Plat Book 35 at page 50 of the Official Records for Pitkin County, Colorado; thence southerly along the westerly boundary of said Annexation the following courses and distances, (the bearings being rotated to agree with the Basis of bearings stated on the Maroon Creek Club Subdivision and PUD Plat); South 02 Degrees 31 Minutes 42 Seconds West, a distance of 1310.44 feet; South 01 Degrees 01 Minutes 42 Seconds West, a distance of 226.41 feet more or less to a point on the northerly right-of-way line of Colorado State Highway No. 82; thence northwesterly along said northerly right-of-way line the following; 1934.59 feet along the arc of a curve to the right having a radius of 5680.00 feet; North 34 Degrees 09 Minutes 00 Seconds West, a distance of 124.60 feet; 793.17 feet along the arc of a curve to the right having a radius of 2242.00 feet to the point of Beginning. The above Annexation description bounds property with a area of 38.09 acres more or less. The above description was prepared from the Maroon Creek Club Subdivision and PUD Plat by: Louis H. Buettner LS 13166 0040 west Sopris Creek Road Basalt, Colorado 81621 970-927-3611 PETITION FOR ANNEXATION Maroon Creek Club Subdivision (South) Annexation WHEREAS, Pearce Equities Group II Limited Liability Company ("PEG II"), owns certain real property located in the unincorpo- rated area of Pitkin County, Colorado, commonly referred to as the Maroon Creek Club Subdivision (South), more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, PEG and the City of Aspen entered into a Water Service Agreement dated July 26, 1993, and recorded at Book 730, Page 797, in the Pitkin County Clerk and Recorder's office, wherein PEG II, and its successors in interest, consented to the annexation of the property to be served by the City of Aspen Water Department to the City of Aspen at such time as determined necessary by the City of Aspen; and WHEREAS, the City of Aspen has determined that it is neces- sary and desirable to annex the subject property at this time; and NOW, THEREFORE, the undersigned on behalf of the City of Aspen and in accordance with Article 12, Chapter 31, C.R.S. as amended, hereby petitions the City Council of the City of Aspen, Colorado, for annexation to the City of Aspen the unincorporated real property more particularly described below, to be known as "Maroon Creek Club South Annexation", and in support of said Petition, your petitioner alleges that: 1. It is desirable and necessary that the territory described in Exhibit "A" attached hereto and incorporated herein by reference be annexed to the City of Aspen, Colorado. 2. Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous to the City of Aspen, Colorado. 3. A community of interest exits between the territory proposed to be annexed and the City of Aspen, Colorado. 4. The territory proposed to be annexed is urban or will be urbanized in the near future. 5. The territory proposed to be annexed is integrated or is capable of being integrated with the City of Aspen. 6. The petitioner herein, the City Manager of the City of Aspen, has the consent of the owners by virtue of said Water Service Agreement of one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said petitioner attesting to the facts and agreeing to the conditions herein contained will negate the necessity of an annexation election. 7. No part of the territory to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established less than one year from the date of this Peti- tion. 8. The proposed annexation will not result in the detach- ment of area from any school district. 9. The mailing address of each signer, the legal descrip- tion of the land owned by the signer as legal representative of the owners, and the date of signing of each signature are all shown on this Petition. 10. Attached to this Petition as Exhibit "B" and by this reference incorporated herein is an annexation map containing the information required by Section 31-12-107(1)(d), C.R.S. 11. The territory to be annexed is not presently apart of any incorporated city, city and county, or town. Dated: kA,-4_ 3, Iff& E Ci Manager 0 City' of Aspen 130 South Galena Street Aspen, Colorado 81611 4: 11: MAROON CREEK CLUB ANNEXATION NO. 1 SOUTH PARCEL DESCRIPTION A parcel of land situated in Section 2 and 11, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as follows: Beginning at the West one Quarter corner of said Section 11; thence North 00 Degrees 32 Minutes 10 Seconds West, a distance of 1672.45 feet along the westerly boundary of said Section 11; thence South 89 Degrees 58 Minutes 10 Seconds West, a distance of 6.05 feet to the southwesterly comer of the Pfeifer Leases parcel as shown on the Maroon Creek Club Subdivision and PUD Plat recorded in Plat Book 33 at page 4, of the Official Records for Pitkin County, Colorado; thence East, a distance of 1225.63 feet to the southeasterly comer of said Pfeifer Leases parcel; thence North 00 Degrees 46 Minutes 18 Seconds West, a distance of 900.06 feet more or less to a point on the southerly Boundary of State HIGHWAY 82 as shown on the Maroon Creek Club Subdivision and PUD; thence southeasterly along said southerly Highway Boundary 273.95 feet along the arc of a curve to the left having a radius of 5790.00 feet; thence North 32 Degrees 04 Minutes 00 Seconds East, a distance of 10.00 feet more or less to the southerly Boundary of the CITY/ZOLINE OPEN SPACE AND COLORADO STATE HIGHWAY 82 ANNEXATION, as recorded in Plat Book 35 at page 50, of the Official Records for Pitkin County, Colorado; thence following said Annexation Boundary southeasterly 289.18 feet along the arc of a curve to the left having a radius of 5780.00 feet; thence continuing along said Boundary South 60 Degrees 48 Minutes 00 Seconds East, a distance of 882.76 feet to the northeasterly corner of the Maroon Creek Club Subdivision and PUD, South Parcel; thence departing said CITY/ZOLINE OPEN SPACE AND COLORADO STATE HIGHWAY 82 ANNEXATION, but following the easterly Boundary of the Maroon Creek Club Subdivision and PUD property the following courses and distances; South 18 Degrees 09 Minutes 00 Seconds West, a distance of 176.89 feet; North 60 Degrees 43 Minutes 00 Seconds West, a distance of 311.07 feet; South 29 Degrees 17 Minutes 00 Seconds West, a distance of 72.28 feet; South 60 Degrees 43 Minutes 00 Seconds East, a distance of 60.57 feet; South 29 Degrees 17 Minutes 00 Seconds West, a distance of 86.80 feet; South 89 Degrees 35 Minutes 00 Seconds East, a distance of 304.56 feet; SOUTH a distance of 1412.20 feet; North 87 Degrees 00 Minutes 00 Seconds East, a distance of 256.69 feet; South 00 Degrees 07 Minutes 55 Seconds East, a distance of 288.61 feet; North 89 Degrees 31 Minutes 44 Seconds West, a distance of 297.34 feet; thence departing said Maroon Creek Club Subdivision and PUD easterly Boundary South 64 Degrees 42 Minutes 54 Seconds West, a distance of 433.26 feet to the northeasterly corner of the OUT PARCEL (5.840 Acres); thence northwesterly along the OUT PARCEL's northerly Boundary the following courses and distances; WEST, a distance of 120.00 feet; North 25 Degrees 57 Minutes 30 Seconds West, a distance of 187.83 feet; North 77 Degrees 27 Minutes 55 Seconds West, a distance of 335.00 feet; South 12 Degrees 32 Minutes 05 Seconds West, a distance of 190.00 feet; North 77 Degrees 27 Minutes 55 Seconds West, a distance of 180.00 feet to the northwesterly corner of said OUT PARCEL; thence North 83 Degrees 09 Minutes 02 Seconds West, a distance of 224.08 feet to the Tiehack Road easterly right-of-way as shown on the Maroon Creek Club Subdivision and PUD Plat; thence North 80 Degrees 25 Minutes 09 Seconds West, a distance of 60.00 feet to the Tiehack Road westerly right-of-way as shown on said Plat; thence North 76 Degrees 53 Minutes 58 Seconds West, a distance of 309.26 feet to the southeasterly corner of Lot 42, of the Maroon Creek Club Subdivision and PUD; thence South 88 Degrees 00 Minutes 00 Seconds West, a distance a distance of 440.30 feet along the common boundary between Lots 41 and 42 of the Maroon Creek Club Subdivision and PUD to the southwesterly corner of said Lot 42; thence northerly 11.88 feet along the westerly boundary of said Lot 42, being the easterly boundary of Pfeifer Road, and a curve to the left having a radius of 170.00 feet; thence South 76 Degrees 51 Minutes 06 Seconds West, a distance of 40.00 feet to the westerly right-of-way of Pfeifer Road; thence North 84 Degrees 18 Minutes 46 Seconds West, a distance of 156.70 feet to the point of BEGINNING. The above Annexation description bounds property with a area of 111.84 acres more or less. The above description was prepared from the Maroon Creek Club Subdivision and PUD Plat by: Louis H. Buettner LS 13166 0040 west Sopris Creek Road Basalt, Colorado 81621 970-927-3611 0