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coa.lu.rz.655 Meadows Rd.A034-02
vilm Marqusee/Anthony Rezoning Lot -Line' 655 Meadows Road -1-5 eo4"//,M y/toi3 CASE NUMBER A034-02 PARCEL Ill # 2735-121-13007 CASE NAME Marqusee/Anthony Rezoning, Lot Line Adjustment PROJECT ADDRESS 655 Meadows Road PLANNER James Lindt CASE TYPE Rezoning, Lot Line Adjustment OWNER/APPLICANT Charles Marqusee C/o Garfield and Hect REPRESENTATIVE Joe Wells DATE OF FINAL ACTION 9/23/02 CITY COUNCIL ACTION Ord. 30-2002 PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 9/27/02 BY J. Lindt PARCEL ID: 2735-121-13007 DATE RCVD: 4l1 7 # COPIES: F CASE NO A034-02 CASE NAME: Marqusee/Anthony Rezoning, Lot Line Adjustment PLNR: James Lindt Ak PROJ ADDR: 655 Meadows Road CASE TYP: Rezoning, Lot Line Adjustment STEPS: OWN/APP: Charles Marqusee C ADR 601 E Hyman C/S/Z: Aspen/CO/81611 HN" REP: Joe Wells ADR: 602 Midland Park Plac C/S/Z: Aspen/CO/81611 PHN 925-8080 FEES DUEJ Bill from A022-00 FEES RCVD:1 Bill from A022-00 STAT REFERRALS REF: BYF DUE: MTG DATE REV BODY PH NOTICED I 1 DATE OF FINAL ACTION. REMARKS CITY COUNCIL: PZ: CLOSED: BY: BOA: - �P% !1 DRAC:r PLAT SUBMITD: PLAT (BK,PG): ADMIN:{ ALfa.l- DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Charles Margusee & Julie Anthony, C/o Garfield & Hect, 601 E. Hyman Ave, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Northern 1/3 of Lots 1 & 2, Anthony/Margusee Lot Line Adjustment (Formerly Outlot B, of the Aspen Meadows Subdivision) Legal Description and Street Address of Subject Property Rezoning to R-15 (Moderate -Density Residential) Zone District, Lot Line Adjustment to merge Outlot B with two parcels to south, and an SPA Amendment to remove Outlot B from Aspen Meadows SPA Written Description of the Site Specific Plan and/or Attachment Describing Plan Rezoning- City Council Ord. #30- 2002, Lot Line Adjustment and SPA Amendment- Approved Administratively on 9/17/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 5, 2002 Effective Date of Development Order (Same as date of publication of notice of approval.) October 6, 2005 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 5th day of October, 2002, by the City of Aspen Community Development Director. V Julie;Ann Woods, Community Development Director • ORDINANCE NO.30 (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REZONING THE LAND FORMERLY KNOWN AS OUTLOT B, OF THE ASPEN MEADOWS SUBDIVISION TO THE R-15 (MODERATE —DENSITY RESIDENTIAL) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-13-008 WHEREAS, the Community Development Department received an application from H & C Marqusee Inc., represented by Joseph Wells, requesting approval to rezone the area that was formerly known as Outlot B, of the Aspen Meadows Subdivision/SPA from Academic with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, and the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code, City Council may approve an amendment to the official zone district map during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on August 6, 2002, the Planning and Zoning Commission recommended, by a four to two (4-2) vote, approval of an amendment to the official zone district map to rezone the land formerly known as Outlot B of the Meadows Subdivision/SPA to R-15 (Moderate Density Residential); and, WHEREAS, the Community Development Department reviewed the rezoning application and recommended approval; and, WHEREAS, the Aspen City Council has reviewed and considered the rezoning application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the rezoning application meets or exceeds all applicable development standards and that the approval of the rezoning, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Rectian 1 An amendment to the official zone district map to rezone the land formerly known as Outlot B of the Aspen Meadows Subdivision/SPA to the R-15 (Moderate -Density Residential) Zone District, is hereby approved. Cectinn 2- All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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. Cectinn 5e A duly noticed public hearing on this Ordinance was held on the 12th day of August, 2002 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado and was continued September 9tn A continued public hearing on this Ordinance was held on the 9th day of September, 2002 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado and was continued to September 23rd. A continued public hearing on this Ordinance was held on the 23rd day of September, 2002 at 5:00 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 12th day of August, 2002. Helen Kalin Klanderud, Mayor 0 Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a five to zero (5-0) vote on this 23`d day of September, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney 0 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �a A pen, CO SCHEDULED PUBLIC HEARING DATE: 9200 STATE OF COLORADO ) SS. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ature The foregoing "Affidavit of Notice" was acknowledged beyre rile: t i -Z6, day of t-z,\ . , 200 _:2, by PUBLIC NOTICE RE: OUI'LOT B OF THE ASPEN MEADOWS SUBDI- VISION/SPA REZONING TO R-15 ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 9, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Cruncil Chambers Meeting Room, City Hall, 131) S. --3alena St.. Aspen, to consider an application subi.itted by Charles Marqusee, re- questing approval to rezone Outlot B of the As- pen Meadows Subdivision/ SPA from the Academ- ic Zone District with and SPA Overlay to the R-15 (Moderate -Density Residential) Zone District. The property is described as Outlot B, of the As- pen Meadows Subdivision/ SPA. For further information, contact James Undt at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920. 5095. jamesI@cl.aspe--.co.us s/helen Kalin Klanderud, Mayor Aspen City Council Published in The Aspen Times on August 24, 2002.(9226) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: c / l� B Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL O'kp ay .. ve�'c� 2; SF F,F.H ' OAI GS O (P ::40 10 0Q 0 • MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: James Lindt, Planner Z11- RE: Rezoning of the former Outlot B, Aspen Meadows Subdivision/SPA- Public 2"d Reading of Ordinance No. 30, Series of 2002- Public Hearing- Continued from September 9th DATE: September 23, 2002 PROPOSED ZONING: R-15 (Moderate -Density Residential) SUMMARY: The Applicant requests to rezone the land that is comprised of the former Outlot B of the Aspen Meadows Subdivision/SPA from the Academic Zone District with an SPA Overlay to the R-15 (Moderate- Density Residential) Zone District. APPROVED AND CURRENT LAND USE: The former Outlot B is currently vacant and has been incorporated into the residential lots directly to the south through a lot line adjustment that was approved by the Community Development Director. Currently, the parcels that were merged with the former Outlot B contain land with multiple zone districts (R-15 and Academic). As a condition of approval of the lot line adjustment, the Community Development Director has required that the Applicant pursue rezoning the area that was Outlot B to the R-15 Zone District to avoid creating a parcel with multiple zoning. SUMMARY: The Applicant is requesting to rezone the property that was formerly Outlot B (see attachment "B" for location), of the Aspen Meadows Subdivision from the Academic Zone District with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District. Outlot B was conveyed to the Applicant in consideration for land that he gave for the construction of the New Meadows Road. The former Outlot B of the Meadows Subdivision/SPA was recently merged with the two parcels located directly to the south through a lot line adjustment that was approved by the Community Development Director with the condition that the Applicant seek approval to rezone the former Outlot B to the R-15 Zone District to avoid creating a parcel with multiple zoning. Additionally, the former Outlot B was removed from the Aspen Meadows SPA by virtue of an insubstantial SPA Amendment that was approved by the Community Development Director. LAND USE REQUESTS The Applicant requested approval of the following land use requests: 1) Rezoning Outlot B from Academic with an SPA Overlay to R-15 (Moderate -Density Residential) Zone District; and, 2) An Insubstantial SPA Amendment that removed Outlot B from the Meadows SPA (already approved by the Community Development Director pursuant to Land Use Code Section 26.440.090(A)); and, 3) A Lot Line Adjustment to merge Outlot B with the two lots located directly south of Outlot B (already approved by the Community Development Director pursuant to Land Use Code Section 26.480.030(A)(1), with a condition of approval that requires the Applicant to pursue rezoning the area that was Outlot B to the R-15 Zone District.) REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: Staff believes that the proposal to rezone the land that was formerly Outlot B from the Academic Zone District to R-15, and the merger that occurred with the residential parcels to the south will benefit the City by cleaning up the zoning in this area. The proposed rezoning would rezone the narrow strip of land south of New Meadows Road (formerly known as Outlot B, of the Meadows Subdivision/SPA) to match the zoning of the other parcels that it was merged with by virtue of the recent lot line adjustment approval (please see lot line adjustment description map that is attached as Exhibit "B"). The current zoning (Academic Zone District with an SPA Overlay) of the area that was Outlot B is no longer logical because the land is no longer under the ownership of the Aspen Institute, which would utilize it for educational and cultural purposes as the Academic Zone District intends. The property that was known as Outlot B was given to the Applicant to provide a land buffer as consideration for providing land for the construction of the new Meadows Road. In addition, because the area that was Outlot B was merged with the parcels to the south, those two parcels now contain multiple zone districts. The proposed rezoning would alleviate the existence of multiple zoning on the aforementioned parcels. The proposed rezoning application will not provide additional development rights on the property to be rezoned. Through the lot line adjustment that merged Outlot B of the Meadows Subdivision with the parcels to the south, a plat note was approved that does not allow for additional development rights to be gained by any of the parcels that were involved in the lot line adjustment, pursuant to Land Use Code Section 26.480.030(A)(1)(d), Lot Line Adjustments. Therefore, no additional FAR or development rights were provided to the former Outlot B or the two parcels that were merged with Outlot B as a result of the lot line adjustment. Furthermore, because the area that was considered Outlot B has merged with the lots to the south, and the aforementioned plat note is in place; no additional development rights will be allotted by virtue of rezoning P the area (see map attached as Exhibit B for the area to be rezoned) to the R-15 Zone District. A plat note was also required that does not allow for the siting of structures within the area that was formerly Outlot B. As mentioned earlier in the memo, Outlot B is no longer under the ownership of the non- profit entities that would utilize the parcel in a manner that is consistent with the uses in the Meadows SPA or the underlying Academic Zone District. Staff believes that the proposed rezoning will appropriately avoid allowing two parcels to exist that contain multiple zone districts. Therefore, Staff recommends that City Council rezone the area that was the known as Outlot B of the Aspen Meadows Subdivision to the R-15 Zone District. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, to approve an amendment to the official zone district map. Staff recommends that City Council rezone Outlot B to the R-15 (Moderate - Density Residential) Zone District. STAFF RECOMMENDATION: Staff recommends that City Council approve the proposed rezoning application finding that the applicable review standards have been met. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve the proposed rezoning application. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 30, Series of 2002, rezoning the area formerly known as Outlot B, of the Aspen Meadows Subdivision to the R-15 (Moderate -Density Residential) Zone District." CITY MANAGER'S COMMENTS: Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Map of Area to be Rezoned and Application Exhibit C -- Aspen Institute Insubstantial SPA Amendment Application Letter of Consent Exhibit D -- Planning and Zoning Commission Resolution & Minutes Exhibit E -- Administrative Decision Notice Approving Lot Line Adjustment and SPA Amendment 3 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM ACADEMIC WITH AN SPA OVERLAY TO THE R-15 (MODERATE -DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. The proposed amendment to the official zone district map to change the subject property's zoning designation from Academic with an SPA Overlay to R-15 is not in conflict with any portion of the Land Use Code. Actually, the proposed rezoning in conjunction with the lot line adjustment and insubstantial SPA amendment that merged Outlot B with the two residential parcels to the south brought those residential parcels more into conformance with their zoning requirements. By allowing for the rezoning and the lot line adjustment that occurred, the convergence of the narrow Outlot B and the residential parcel to the southeast corrected an existing setback non -conformity in relation to the existing single-family residence located on the residential parcel. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The 2000 Aspen Area Community Plan's future land use composite map earmarks the area of the former Outlot B, of the Aspen Meadows Subdivision for residential use. The proposed rezoning to R-15 (Moderate -Density Residential) is in keeping with this vision set forth in the AACP. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Staff believes that the proposed rezoning is compatible with the surrounding zone districts and land uses. Both of the parcels that received Outlot B are zoned R-15 and contain single- family residences. Additionally, the parcels located directly across the street are also zoned R-15 with an SPA Overlay. Furthermore, the proposed rezoning will not increase the development rights or FAR on the property that was Outlot B. The Applicant also will not be able to site structures within the area that was Outlot B. Staff finds this criterion to be met. 4 • • D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding Staff does not believe that the proposed rezoning will have an effect on traffic generation nor road safety. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The proposed rezoning application will not increase the allowable development rights of Outlot B. Therefore, Staff does not feel that there will be an increase in the demand for public facilities. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application will not affect the Community Character within the City of Aspen. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff believes that the construction of the New Meadows Road changed the conditions affecting the subject parcel which support the proposed rezoning application. The Applicant was given the property that was known as Outlot B as consideration for giving land for the construction of the New Meadows Road. Staff believes that the Academic Zoning which is currently applied to the area that was Outlot B is no longer appropriate for the parcel in that it is no longer owned by the Aspen Institute and that it has been incorporated into the two residential lots to the south. In addition, the surrounding lots are all zoned R-15 or R-15 with an SPA Overlay for the mostpart, and Staff believes that the proposed rezoning application is appropriate to clean up the zoning for the land that was formerly known as Outlot B of the Aspen Meadows Subdivision. Staff finds this criterion to be met. 0 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. The proposed rezoning application will make the zoning of property that was known as Outlot B consistent with the surrounding parcels and the parcels in which it was merged with. Staff finds this criterion to be met. 2 U) L CL 0 4-0 L 0 c 2 w 06 a�'a'�nacUHc� 3 0 MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directo"D FROM: James Lindt, Planner 3� 0 _�' \11, i % RE: Rezoning of Outlot B, Aspen Meadows Subdivision/SPA- Public Is` Reading of Ordinance No.30, Series of 2002 DATE: August 12, 2002 APPLICANT /OWNER: Charles Marqusee REPRESENTATIVE: Joseph Wells, Joseph Wells Land Planning LOCATION: Outlot B, Aspen Meadows Subdivision/SPA PARCEL ID NUMBER: 2735-121-13-008 CURRENT ZONING: Academic/SPA PROPOSED ZONING: R-15 (Moderate -Density Residential) SUMMARY: The Applicant requests to rezone Outlot B of the Aspen Meadows Subdivision/SPA from the Academic Zone District with an SPA Overlay to the R-15 (Moderate- Density Residential) Zone District. Outlot B was conveyed to the Applicant as consideration for his giving of land for the construction of the New Meadows Road in conjunction with the Aspen Meadows SPA. APPROVED AND CURRENT LAND USE: Outlot B is currently vacant and is intended to be incorporated into the residential lots directly to the south through a lot line adjustment that may be approved administratively. SUMMARY: The Applicant is requesting to rezone Outlot B (see attachment `B" for location), of the Aspen Meadows Subdivision from the Academic Zone District with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District. Outlot B was conveyed to the Applicant in consideration for land that he gave for the construction of the New Meadows Road. The Applicant is requesting rezoning approval in addition to allowing for the merger of Outlot B with the two properties located directly to the south. The merger would subsequently occur through the administration of a lot line adjustment by the Community Development Director. Furthermore, an insubstantial SPA amendment to be administered by the Community Development Director is required and has been requested to remove Outlot B from the Meadows SPA. LAND USE REQUESTS The Applicant is requesting approval of the following land use requests: 1) Rezoning Outlot B from Academic with an SPA Overlay to R-15 (Moderate -Density Residential) Zone District; and, 2) Insubstantial SPA Amendment to remove Outlot B from the Meadows SPA (to be reviewed by the Community Development Director if rezoning application is approved); and, 3) Lot Line Adjustment to merge Outlot B with the two lots located directly south of Outlot B (to be reviewed by the Community Development Director pursuant to Land Use Code Section 26.480.040(A), Lot Line Adjustment). (Please see draft plat attached as Exhibit "B"). REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: Staff believes that the proposal to rezone Outlot B from the Academic Zone District with an SPA Overlay to R-15, and to merge it with the residential parcels to the south will benefit the City by cleaning up the zoning in this area. The proposed rezoning, lot line adjustment, and SPA amendment would rezone the narrow strip of land south of Meadows Road (Outlot B) to match the zoning of the other parcels on the south side of the road. The current zoning (Academic Zone District with an SPA Overlay) of Outlot B is no longer logical because the land is no longer under the ownership of the Aspen Institute which would utilize it for educational and cultural purposes as the Academic Zone District intends. Outlot B was given to the Applicant to provide a land buffer as consideration for providing land for the construction of the new Meadows Road. The proposed rezoning application will not provide additional development rights on Outlot B. Through the lot line adjustment application, the Applicant plans to merge Outlot B with the two residential parcels located directly to the south. The above mentioned lot line adjustment application associated with the rezoning will not allow for additional development rights to be gained by any of the parcels involved pursuant to Land Use Code Section 26.480.030(A)(1)(d), Lot Line Adjustments. Therefore, no additional FAR or development rights would be provided to Outlot B or the two parcels to the south by granting the proposed rezoning and lot line adjustment. In addition, the single-family residence located on the parcel to the southeast of Outlot B is currently non -conforming in regards to it's north setback. Rezoning and merging a portion of Outlot B with the aforementioned parcel will lessen the setback non -conformity by extending the parcel's lot line to the north. Therefore, the proposed rezoning will also allow for the residential parcel to the south to brought more into conformance with it's current zoning by allowing for the lot line adjustment to be completed. Additionally, as previously mentioned, Staff believes that the proposed insubstantial SPA amendment to remove Outlot B from the Meadows Specially Planned Area cleans up the erratic zoning boundaries that were left behind as a result of the construction of New Meadows Road. The proposed SPA amendment would allow for a sliver of land (Outlot B) that is zoned Academic to be converted to the R-15 (Moderate -Density Residential) Zone District to match the zoning of the surrounding parcels of land. The Applicant has also 2 received a letter of consent from Aspen Institute to allow the Applicant to apply for the SPA amendment. As mentioned earlier in the memo, Outlot B is no longer under the ownership of the non- profit entities that would utilize the parcel in a manner that is consistent with the uses in the Meadows SPA and the underlying Academic Zone District. The Applicant has expressed no intention at this time of selling Outlot B back to the Aspen Institute that would utilize it for academic or cultural purposes. Staff believes that the proposed insubstantial SPA amendment meets the applicable review criteria for approval by the Community Development Director pursuant to land use code section 26.440.090, amendment to SPA development order. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, to approve an amendment to the official zone district map. Staff recommends that City Council rezone Outlot B to the R-15 (Moderate - Density Residential) Zone District. STAFF RECOMMENDATION: Staff recommends that City Council approve the proposed rezoning application finding that the applicable review standards have been met. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve the proposed rezoning application. RECOMMENDED MO,% MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve No. 3D , Series of 2002, recommending that City Council approve the proposed rezoning application to allow Outlot B, of the Aspen Meadows Subdivision to be rezoned to the R-15 (Moderate -Density Residential) Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Aspen Institute Insubstantial SPA Amendment Application Letter of Consent Exhibit D -- Planning and Zoning Commission Resolution 3 ORDINANCE NO. (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REZONING OUTLOT B, OF THE ASPEN MEADOWS SUBDIVISION TO THE R-15 (MODERATE —DENSITY RESIDENTIAL) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-13-008 WHEREAS, the Community Development Department received an application from H & C Marqusee Inc., represented by Joseph Wells, requesting approval to rezone Outlot B, of the Aspen Meadows Subdivision/SPA from Academic with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, and the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code, City Council may approve an amendment to the official zone district map during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on August 6, 2002, the Planning and Zoning Commission recommended, by a four to two (4-2) vote, approval of an amendment to the official zone district map to rezone Outlot B of the Meadows Subdivision/SPA to R-15 (Moderate Density Residential); and, WHEREAS, the Community Development Department reviewed the rezoning application and recommended approval; and, WHEREAS, the Aspen City Council has reviewed and considered the rezoning application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the rezoning application meets or exceeds all applicable development standards and that the approval of the rezoning, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 An amendment to the official zone district map to rezone Outlot B of the Aspen Meadows Subdivision/SPA to the R-15 (Moderate -Density Residential) Zone District, is hereby approved. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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• A duly noticed public hearing on this Ordinance was held on the 12th day of August, 2002 at 5:00 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 12th day of August, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 9th day of September, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney 0 • EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM ACADEMIC WITH AN SPA OVERLAY TO THE R-15 (MODERATE -DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. The proposed amendment to the official zone district map to change the subject property's zoning designation from Academic with an SPA Overlay to R-15 is not in conflict with any portion of the Land Use Code. Actually, the proposed rezoning in conjunction with the proposed insubstantial SPA amendment will allow for portions of Outlot B, of the Aspen Meadows Subdivision to be merged with the two residential parcels to the south through a Lot Line Adjustment to be reviewed by the Community Development Director. By allowing for the Lot Line Adjustment to occur, the convergence of the narrow Outlot B and the residential parcel to the southeast will correct an existing setback non- conformity in relation to the existing single-family residence located on the residential parcel. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning applicatio Community Plan. The 2000 Aspen Area Community earmarks Outlot B, of the Aspen Meadows Sub rezoning to R-15 (Moderate -Density Residential) the AACP. Staff finds this criterion to be met. divisi is i n n is consistent with the Aspen Area Plan's future land use composite map on for residential use. The proposed keenine with this vision set forth in C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Staff believes that the proposed rezoning is compatible with the surrounding zone districts and land uses. Both of the parcels directly south of Outlot B are zoned R-15 and contain single-family residences. Additionally, the parcels located directly across the street are also zoned R-15 with an SPA Overlay. The proposed rezoning will not increase the development rights on Outlot B. Staff finds this criterion to be met. 4 D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding Staff does not believe that the proposed rezoning will have an effect on traffic generation nor road safety. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The proposed rezoning application will not increase the allowable development rights of Outlot B. Therefore, Staff does not feel that there will be an increase in the demand for public facilities. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application will not affect the Community Character within the City of Aspen. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff believes that the construction of the New Meadows Road changed the conditions affecting the subject parcel which support the proposed rezoning application. The Applicant was given Outlot B as consideration for giving land for the construction of the New Meadows Road. Staff believes that the Academic zoning which is currently applied to Outlot B is no longer appropriate for the parcel in that it is no longer owned by the Aspen Institute and incorporated into the long range development plan of the Meadows SPA. The surrounding lots are all zoned R-15 or R-15 with an SPA Overlay for the mostpart, and Staff believes that the proposed rezoning application is appropriate to clean up the zoning on Outlot B. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. 0 Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. The proposed rezoning application would make the zoning of Outlot B consistent with the surrounding parcels. Staff finds this criterion to be met. 2 07-22-02 11:10 COLDWELI BANKER ASPEN ID=�59204376 P02/02 [-�X h I L� THE ASPEN INSTITUTE ,A�mY NLk1WZRUM Execadvc Vicc President, Adtniuinradon and Financc 1000 North Third 5trcct A,Spcn. CO 81611 PH 970_544.7905 FY 970.544.7908 amyrnaaspeninsdrutc.urg www.a.�pcninstitu te.org 0 July 16, 2002 Julie Ann Woods planning Director City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms, Woods: I am writing to you on behalf of The Aspen Lnstitute, owner of Lot 1 and Lot IA, Aspen Meadows Specially Planned Area. My letter is to confirm that the Institute consents to the request filed by Charles Marqusee, Helga Marqusee, and H. and C. Marqusee Inc. to Merge Outlot B, Aspen Meadows Specially Planned Area with other parcels owned by these parties. Please contact me if you have any questions or need additional information. Sincerely, Amy argetum Seni ice-PTesident of Administration RESOLUTION NO. 24 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE OUTLOT B, OF THE ASPEN MEADOWS SUBDIVISION TO THE R-15 (MODERATE —DENSITY RESIDENTIAL) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-121-13-008 WHEREAS, the Community Development Department received an application from H & C Marqusee Inc., represented by Joseph Wells, requesting approval to rezone Outlot B, of the Aspen Meadows Subdivision/SPA from Academic with an SPA Overlay to the R-15 (Moderate - Density Residential) Zone District; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the rezoning under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that rezoning meets or exceeds all applicable rezoning standards and that the approval of the rezoning application is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, the Planning and Zoning Commission recommends that City Council approve the application to rezone Outlot B, Aspen Meadows Subdivision from the Academic Zone District with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen by a four to two (4-2) vote on this 6th day of August, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair • I ' INTRODUCTION: This application for review of Subdivision Exemption for a lot line adjustment and rezoning is filed on behalf of Charles Marqusee (owner of Lots G & H, Block 1 and associated vacated rights -of -way), Julie Anthony (owner of Lots A through F, Block 7 and associated vacated rights -of -way) and H & C Marqusee, Inc. (owner of Outlot B, according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision Plat recorded in Plat Book 28, beginning at page 5). The owners of the three parcels have authorized this request to merge the western portion of Outlot B with the land immediately to the south owned by Marqusee and to merge the eastern portion of Outlot B with the land immediately to the south owned by Anthony. In addition, H & C Marqusee, Inc. is requesting approval to rezone Outlot B from the Academic to the R-15 zone designation. Upon approval of these requests, the three parcels will be combined into two parcels designated as Lot One and Lot Two of the Anthony/Marqusee Lot Line Adjustment Plat with an R-15 zone designation. A draft of the Plat is being submitted for review with this application. Outlot B, which is a parcel which was zoned Academic when specific zone district categories were assigned to parcels within the Aspen Meadows SPA, was transferred to H & C Marqusee, Inc. as a consideration for the Marqusees' giving land for the right-of-way to allow the construction of New Meadows Road. The agreement by the Marqusees to give up land for the new road right-of-way was instrumental in resolving a development plan for the Aspen Meadows property, in that it provided an alternative access to the property other than what is now referred to as Old Meadows Road, a portion of which has since been converted to a public trail. This agreement, in turn, resulted in the ownership of much of the land at the Meadows being returned from private hands to several of the important non-profit organizations whose facilities are at the Aspen Meadows. The transfer of Outlot B to the Marqusees was intended to provide a buffer of sorts for the Marqusees' parcels along the south side of the new street. Once New Meadows Road was completed, the City agreed that certain rights -of -way in the area were no longer needed and acted to vacate portions of the Eighth Street A • 9 and North Street rights -of -way under two separate ordinances. Under the first of these, Ordinance No. 11, Series of 1993, the City vacated that portion of the North Street right-of-way lying to the east of the Eighth Street right-of-way and extending to Seventh Street. Under the second, Ordinance No. 14, Series of 1997, the City approved the vacation of the remainder of the Eighth Street and North Street rights - of -way lying to the east of Old Meadows Road and to the south of Outlot B. The Planning Office has concluded that the current City Zoning Map, which shows the north side of vacated North Street with an R-6 designation, is in error, because of the Code requirement that vacated land takes on the zoning of the adjacent private land. H & C Marqusee, Inc. now wishes to divide Outlot B along the centerline of vacated Eighth Street in order to be in a position to give the eastern portion of Outlot B to Julie Anthony, who previously purchased the residence and the land in Block 7 from the Marqusees. This will lessen to some degree (by 6.81 feet, to be precise) the non -conformity as to the front yard setback on the Anthony Parcel which was created when the City approved the New Meadows Road in its present location. The lot line adjustment request is discussed in Section II of this application, beginning on page 3. The applicants want to avoid the possibility of an interpretation in the future that as a result of the merger, the portion of the new lots lying to the south of the Aspen Townsite line (outside of the original SPA boundary) have become subject to the provisions of the Aspen Meadows approval. Therefore, notes clarifying that issue have been added to the draft Plat. Further, H & C Marqusee, Inc. is requesting rezoning of Outlot B from its current Academic zone designation to R-15. This is necessary because of the language of Sec. 26.710.022, which includes limitations on parcels which are designated with more than one zone designation when the proposed use is not allowed in one of the zone districts. In any case, Academic zoning is not an appropriate zone designation for the land now that it has been transferred from the operator of the academic facilities at the Meadows to a residential property owner. The rezoning request is discussed in Section III of this application, beginning on page 18. 2 ► 4.• • 0 II: SUBDIVISION (Chapter 26.480): The applicants propose to adjust the boundary of the three parcels through a subdivision exemption for a lot line adjustment. Chapter 26.480 spells out the City's regulations regarding subdivisions, as discussed below. H A. Exemptions (Sec. 26.480.030): Sec 26.480.030 identifies those activities which are exempted from the City's provisions regarding subdivision. II A.1. General Exemptions (Sec. 26.480.030.A): The general exemptions of Sec. 26.480.030.A include an exemption for lot line adjustments, as discussed below. II A.1.a. Lot Line Adjustment (Sec. 26.480.030.A.1): The merger of the three lots into two new parcels through a lot line adjustment procedure is exempted from the provisions of Chapter 26.480, Subdivision, as a result of the language of Sec. 26.480.030.A.1, which provides for the adjustment of a lot line between contiguous lots exempt from the requirements of Subdivision if five conditions are met. Those conditions and the applicants' responses are as follows: i. "It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels.": The request is to permit an insubstantial boundary change between adjacent parcels to merge Outlot B of the Aspen Meadows Final S.P.A. / Subdivision, presently owned by H&C Marqusee, Inc. with the two parcels to the south. The westernmost of these parcels (Lot One, as proposed) is owned by Charles B. Marqusee, individually and the easternmost (Lot Two, as proposed) is owned by Julie Anthony. ii. "All landowners whose lot lines are being adjusted shall provide written consent to the application.": Letters of consent to the application from the owners of the three parcels are attached as Exhibits Al, A2 and A3. 3 9 • iii. "The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. ": The proposed adjustment will not increase the nonconformity of the parcels. On the contrary, since the three lots will be merged into two, one parcel will be eliminated and any nonconformity which presently exists on the two lots to the south will be lessened. The Plat will be submitted and recorded in the office of the Pitkin County Clerk and Recorder immediately after final approval by the Community Development Director. iv. "It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. ": At the time Outlot B was created through SPA review procedures, the City approved Academic zoning for the parcel but did not establish any development rights for the parcel. Any development rights for the property would therefore have to be established through an SPA Amendment procedure in the future. No such amendment request is anticipated at the present time. The proposed lot line adjustment will not increase the development rights, including permitted floor area or the permitted density of the subdivision exemption as a whole, or create a new lot for resale. By eliminating one of the three parcels, the development rights within the Subdivision exemption are logically reduced. A plat note will be added to the Plat prior to recording indicating that the purpose of the lot line adjustment is to merge Outlot B with the parcels immediately 4 0 • to the south. The note will include an acknowledgement by the applicants that no additional FAR results from the adjustment. II B. Procedures for Review (Sec. 26.480.040): A development application for a subdivision approval or exemption shall be reviewed pursuant to the procedures and standards in this Chapter 26.480 and the Common Development Review Procedures included in Chapter 26.304. II B.1. Lot line adjustment (Sec. 26.480.040.A): After an application for a lot line adjustment has been determined complete by the Community Development Director, the Director shall approve, approve with conditions, or deny the application. II C. Application (Sec. 26.480.060): Although the proposal is exempted from the provisions of Chapter 26.480, Subdivision, and is not an application which is to be considered by either the Planning and Zoning Commission or the City Council, it is necessary to address certain provisions of Sec. 26.480.060 in order to document any administrative approval which is granted. II C.1. Review by the Planning and Zoning Commission (Sec. 26.480.060.A): A development application for subdivision review and approval by the Planning and Zoning Commission is to include the following information: II C.l.a. General Application Information: The general application information as set forth in Sec. 26.304.030, Application and Fees of the Common Development Review Procedures, as discussed below: 5 0 • i. General (Sec. 26.304.030.A): "The requisite number of copies of the development applications shall be submitted to the Community Development Director containing all of the information and materials specified by the applicable Sections of this Title and such additional information or materials identified in the pre -application conference. The development application shall be accompanied by the applicable fee. (See Chapter 2.12 for schedule of fees.)": Three copies of the development application are being submitted to the Community Development Director containing the relevant information and materials specified in Sec. 26.480.030, Sec. 26.480.060 and Chapter 26.304 of the Code. No additional information or materials were identified in the pre -application conference. A fee deposit of S 620.00, as requested by the Community Development Department, has been paid by the applicants. H. Application (Sec. 26.304.030.B): "At a minimum, all development applications shall include the following information and materials.": (a). "Contained within a letter signed by the applicant, the applicant's name, address and telephone number, and the name, address, and telephone number of any representative authorized to act on behalf of the applicant.": Letters from the owner of each of the three parcels authorizing Joseph Wells Land Planning to act as representative of the applicants during the lot line adjustment review are attached as Exhibits Al, A2 and A3. (b). "The street address, legal description, and parcel identification number of the property proposed for development.": The street address of the Marqusee Parcel (Lot One) will either be an address in the 800 block of New Meadows Road or the 600 block of Old Meadows Road, depending on which yard is ultimately designated as the front yard by the Owner. The street address of the Anthony Parcel is presently listed as 655 (Old) Meadows Road. Upon approval, the legal description of the two parcels will become Lot One and Lot Two, Anthony/Marqusee Lot Line Adjustment Plat. The Marqusee Parcel is incorrectly shown on the County Assessor's maps as being part of Outlot B (the H & C Marqusee, Inc. 6 • • Parcel) so it does not have its own parcel identification number. The parcel identification number for the H & C Marqusee, Inc. Parcel is 2735-122-31008 and for the Anthony Parcel is 2735-121- 13007. (c). "A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a Title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.": Ownership & Encumbrance Reports prepared by Stewart Title for the three parcels are included as Exhibits to the application. Exhibit B1 confirms that Charles Marqusee is the record owner of Lots G & H, Block 1 and associated vacated rights -of -way. Exhibit B2 confirms that H & C Marqusee, Inc. is the record owner of Outlot B, according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision Plat. Exhibit B3 confirms that Julie Anthony is the record owner of Lots A through F, Block 7 and associated vacated rights -of -way. (d). "An 8 1/2"x 11" vicinity map locating the subject parcel within the City of Aspen.": A vicinity map locating the subject parcels within the City of Aspen is included on the draft Plat. (e). "A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings.": A draft Plat indicating the proposed boundaries of the parcels and the subdivision exemption's physical relationship to its surroundings is being submitted with this application. 7 • W. "A site improvement survey certified by a registered land surveyor, Iicensed in the State of Colorado showing the current status of the parcel including the current topography and vegetation. (This requirement, or any part thereof, may be waived by the Community Development Director if the project is determined not to warrant a survey document.)": A draft Plat indicating both the current and proposed boundaries of the parcels involved in the lot line adjustment is being submitted with this application. A full survey of all improvements on the two parcels is beyond the scope of this application. W. "A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application.": A written description of the proposal is included in Section I of this application. An explanation of how the proposal complies with the review standards relevant to lot line adjustments is included in Section II of this application, beginning on page 3 and with the review standards relevant to rezoning is included in Section III of this application, beginning on page 18. W. "Additional materials, documentation, or reports as deemed necessary by the Community Development Director.": No additional materials, documentation, or reports other than those provided in this application have been requested by the Community Development Director. The applicants have authorized Joseph Wells Land Planning to provide additional information if needed to complete the review. iii. Consolidation of Applications (Sec. 26.304.030.D): "If an applicant has requested the consolidation of development applications, the Community Development Director may waive any overlapping application submission requirements in the consolidated development application. (See Section 26.304.060(B), Modification of Review Procedures.)": Consolidation of the lot line adjustment application and the rezoning request, as discussed in Section III of this application, is requested. iv. Copyrighted materials (Sec. 26.304.030.E). "The City of Aspen will not accept for development application or recordation purposes any materials to which copyright applications 0 have been made unless the applicant shall waive all claims and indemnify the City. Any person submitting a development application shall consent that any document submitted to the City of Aspen as part of a development application may be utilized by the City in any manner deemed necessary, including recording at the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. ": The applicants agree that any document submitted to the City of Aspen as part of this application may be utilized by the City in any manner deemed necessary, including recording in the records of the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. II C.l.b. "One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located.": A Vicinity Map showing the location of the proposed lot line adjustment and commonly known landmarks in the area is included on the draft Plat. None of the applicants currently own or have under option other lands which are contiguous to the parcels which they own which are the subject of this application. The current City Zone District Map identifies the zoning of the Marqusee Parcel and the Anthony Parcel (both to the south of the Aspen Townsite-line) as R-15 to the north of vacated North Street and R-6 to the south, the latter being a mapping error. As mentioned previously, Outlot B is zoned Academic. II C.l.c. "A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards of this Chapter and this Title, and shall contain the following itemized information: 0 i. "The name of the proposed subdivision, which shall not be the same or similar to any name used on a recorded plat in Pitkin County, Colorado.": The name of the proposed subdivision exemption is Anthony/ Marqusee Lot Line Adjustment Plat. ii. "The name, address, and telephone number of the owner/applicant, designer of the proposed subdivision, and the licensed surveyor.": The name of the owners / applicants are Charles Marqusee, Charles Marqusee, President of H & C Marqusee, Inc., Trustee and Julie Kathleen Anthony. The address and phone number of Mr. Marqusee's attorney is Garfield & Hecht, P. C., 601 East Hyman Avenue, Aspen, Colorado 81611, 970.925.1936. Ms. Anthony's address and phone number is 655 Meadows Road, 925.6091. The designer of the proposed subdivision exemption is Joseph Wells Land Planning. The licensed surveyor is Alpine Surveys, Inc. iii. "The location and boundaries of the proposed subdivision.": The location and boundaries of the proposed subdivision exemption are shown on the draft Plat. iv. "A map showing the existing and proposed contours of the land in the proposed subdivision at two foot intervals, where the slope is less than ten (10) percent, and five-foot intervals where the slope is ten (10) percent or greater, and the designation of all areas with slope greater than thirty (30) percent.": For clarity of the other information shown, existing and proposed contours of the land in the proposed subdivision exemption are not shown on the draft Plat. The land throughout the site of the subdivision exemption is essentially flat and therefore not an issue in future development on either parcel. Since no development is anticipated at the present time, information about proposed contours is not available currently. V. "The location and dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities, and other significant manmade or natural features within or adjacent to the proposed subdivision.": The location and dimensions of all existing streets and other significant manmade features within or adjacent to the proposed subdivision 10 • 0 exemption are indicated on the draft Plat. For clarity of the other information shown, easements, drainage areas, irrigation ditches, public and private utilities, and natural features are not shown. No such features are affected as a result of the lot line adjustment, however. There are no alleys contiguous to the subdivision exemption. vi. "The location and dimensions of all proposed streets, alleys, easements, drainage improvements, utilities, lot lines, and areas or structures reserved or dedicated for public or common use in the proposed subdivision.": No streets, alleys, easements, drainage improvements, utilities, and areas or structures reserved or dedicated for public or common use are proposed as a part of the subdivision exemption. Proposed lot lines are shown on the draft Plat. vii. "The location, size, and type of existing vegetation and other natural landscape features, and the proposed limits of any excavation or regrading in the proposed subdivision, including the location of trees with a trunk diameter of six (6) inches or more measured four and one-half (4 112) feet above the ground, and an indication of which trees are proposed to be removed. Where large groves are to remain undisturbed, single trees need not be located.": For clarity of the other information shown, the location, size and type of existing vegetation and other natural landscape features, including the location of trees with a trunk diameter of six (6) inches or more measured four and one-half (4 1/2) feet above the ground and an indication of any trees which are proposed to be removed are not shown on the draft Plat. No landscaping or other site work has been planned for and any such future work is unaffected by this application. Further, the proposed limits of any excavation or regrading in the proposed subdivision exemption is not known at the present time, but will be defined at the time of any application for building or other required permits. 11 0 0 viii. "The designation of all areas that constitute natural hazard areas including but not limited to snowslides, avalanche, mudslide, rockslide and the one -hundred -year floodplain.": There are no areas within the subdivision exemption which are believed to be natural hazard areas including but not limited to snowslide, avalanche, mudslide or rockslide areas and the one - hundred -year floodplain of any stream. ix. "Such additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters as may be required by the planning agency or other reviewing agency.": - Additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters are beyond the scope of the application and have not been requested by the Community Development Department or other reviewing agency. x. "Such other information as may be required by the planning agency or other reviewing agency in order to adequately describe proposed utility systems, drainage plans, surface improvements, or other construction projects contemplated within the proposed subdivision in order to assure that the proposed subdivision is capable of being constructed without an adverse effect upon the surrounding area. Additional information to adequately describe proposed utility systems, drainage plans, surface improvements or other construction projects contemplated within the proposed subdivision exemption in order to assure that the proposed subdivision exemption is capable of being constructed without an adverse effect upon the surrounding area has not been requested by the Community Development Department and is beyond the scope of the application. 12 xi. "Site data tabulation listing acreage of land in the proposed subdivision, number, type and typical size of lots, structures and/or dwelling units; number of bedrooms per dwelling unit; ground coverage of proposed structures and improvements including parking areas, streets, sidewalks and open space, and the amount of open space that is being provided pursuant to Section 26.480.040(C)(5)(a).": Site data tabulation: (a). Total acreage of land in the three parcels to be merged into two parcels: 27,232 Sq. Ft. (b). Number, type and typical size of lots: Two single-family lots of 10,390 Sq. Ft. and 16,842 Sq. Ft. each. (c). Number of structures and/or dwelling units: One principal residence and permitted accessory structures / uses. (d). Number of bedrooms per dwelling unit: In conformance with Code at building permit issuance. (e). Ground coverage of proposed structures and improvements: In conformance with Code at building permit issuance. . Amount of open space that is provided pursuant to Sec. 26.480.040(C)(5)(a) (No such Code provision): No new public or common open space provided. xii. "In the case of a division of land into condominium interests, apartments or other multi family or time-share dwelling units, the location of all proposed structures, parking areas, structures and/or areas for common use.": A division of the land into condominium interests, apartments or other multi -family or time-share dwelling units is not proposed. xiii. "Where the proposed subdivision covers only a part of the applicant's adjacent holdings, a sketch plan for such other lands shall be submitted, and the proposed streets, utilities, easements, and other improvements of the tract under review shall be considered with reference to the proposed development of the adjacent holdings. ": The proposed subdivision exemption does not cover only a part of the applicants' adjacent holdings. 13 • xiv. "Letters from the public or private utility companies that will service the proposed subdivision with gas, electricity, telephones, sanitary sewer, water, and fire protection facilities stating they can service the proposed subdivision. ": Letters from the public or private utility companies that will service the proposed subdivision exemption with gas, electricity, telephones, sanitary sewer, water, and fire protection facilities are not necessary because the lots in question are pre-existing. The existing residence on Lot Two is presently connected to the named utilities. II C.1.d. GIS Data. "All subdivision applications shall submit the requirements specified in section 26.480.040(C) and section 26.480.040(D) in a digital format acceptable to the Community Development Department. Base information shall be obtained from the Community Development Department. ": These references to Code provisions ("the requirements specified in Sec. 26.480.040(C) and Sec. 26.480.040(D) ") are also in error. If the Community Development Department can clarify the requirement, the applicants will provide the information once any changes have been incorporated on the Plat. II C.2. Review by the City Council (Sec. 26.480.060.B). Subsequent to review by the Planning and Zoning Commission and prior to review of the development application for plat by the City Council, the applicant is required to submit the following additional application contents for a subdivision review: II C.2.a. "A final plat drawn with permanent ink on reproducible linen or mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 112) inches on the left hand side of the sheet and a one-half (112) inch margin around the other three (3) sides of the sheet. It shall include:" 14 i. "Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000).": Accurate dimensions for all lines, angles and curves used to describe boundaries and streets are included on the draft Plat. All curves are the result of prior subdivisions approved in the area. All dimensions have been determined by an accurate control survey in the field which closes within a limit of one (1) in ten thousand (10,000). H. "A systematic identification of all lots and blocks and names for all streets. ": The two proposed lots and the names of all existing streets in the area are identified on the draft Plat. iii. "Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such.": The names of adjoining subdivisions have been identifed on the draft Plat. Most of the surrounding land was subdivided under the original Aspen Townsite Plan and additions thereto. No adjoining land is believed to be unplatted. iv. "An identification of the streets, alleys, parks, and other public areas or facilities, and a dedication thereof to the public use. An identification of the easements as dedicated to public use. Areas reserved for future public acquisition shall also be shown. ": No streets, alleys, parks, other public areas or facilities, easements for public use or areas reserved for future public acquisition are proposed as a result of the lot line adjustment. v. "A written survey description of the area including the total acreage to the nearest one -thousandth (0.001) of an acre.": A written survey description of the area including the total acreage to the nearest one -thousandth (0.001) of an acre is included on the draft Plat. 15 vi. "A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used.": A description of all survey monuments, both found and set, which mark the boundaries of the subdivision exemption, and description of all monuments used in conducting the survey are included on the draft Plat. II C.2.b. "A statement by the land surveyor explaining how bearings, if used, were determined.": A statement by Alpine Surveys, Inc. explaining. -how bearings were determined is included on the draft Plat. II C.2.c. "A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time.": A certificate for signature by Alpine Surveys, Inc. as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time is included on the draft Plat. II CIA. "A certificate by a corporate Title insurer, that the person or persons dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. ": A certificate by a corporate Title insurer, certifying that the person or persons dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances is not required because no dedications to the public are proposed. II C.2.e. "Certificates showing approval of the final plat by the City Engineer, Community Development Director and the Planning and Zoning Commission.": Certificates showing approval of the draft Plat by the City Engineer and Community Development Director are included on the draft Plat. A certificate showing approval of the draft Plat by the Planning and Zoning 16 Commission is not required because Planning and Zoning Commission review is not required. II C.2.f. "A certificate showing approval of the plat and acceptance of dedications and easements by the City Council, with signature by the mayor and attestation by the city clerk. A certificate showing approval of the draft Plat by the City Council is not required because City Council review is not required. II C.2.g. "A certificate of filing for the Pitkin County Clerk and Recorder. A Clerk and Recorder's certificate is included on the draft Plat. II C.2.h. "Complete engineering plans and specifications for all improvements to be installed in the proposed subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements." No improvements are proposed to be installed as a result of the lot line adjustment. II C.2J. "A landscape plan showing location, size, and type of proposed landscape features. ": No landscaping is proposed to be installed as a result of the lot line adjustment. II C.2.j. "Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time.": Copies of any monument records required of Alpine Surveys in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time will be provided upon request. II CIA. "Any agreements with utility or ditch companies, when applicable. ": No agreements with.utility or ditch companies are applicable to the lot line adjustment request. II C.2.1. "Any subdivision agreements as required by this Chapter. ": Since no improvements are proposed as a result of the lot line adjustment request, entering into a subdivision agreement should not be necessary. 17 • 0 II1. AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP (CHAPTER 26.310) Outlot B was given a zone designation of Academic when the Final S. P. A. Development Plan for the Aspen Meadows was approved, one of a number of the parcels at the Meadows so designated at that time. Merger of Outlot B with the two parcels to the south, which are zoned R-15, without rezoning Outlot B would result in two relatively small residential parcels each with two different zone designations, one of which does not permit residential uses, subject to the provisions of Sec. 26.710.022 Zoning of Lands Containing More Than One Underlying Zone District. It is the applicants' position that the presence of Academic zoning unnecessarily complicates the zoning regulations affecting these two single-family homesites. Under current circumstances, Academic zoning is not the appropriate zone designation for Outlot B, principally for two reasons. First, the property has been transferred by the operator of the Academic facilities at the Meadows to a party who owns an adjacent residential parcel. Secondly, Outlot B is completely surrounded by properties which have both a Residential zone designation and a residential use. The land to the west of Outlot B, across Old Meadows Road, is zoned R-15. The four residential lots to the north and east of Outlot B, across New Meadows Road, were also zoned R-15 at the time the Final S. P. A. Development Plan for the Aspen Meadows was approved. Mr. Marqusee and Ms. Anthony own the land immediately to the south of Outlot B. The current City zoning map incorrectly locates the boundary between the R-6 zone (to the south) and the R-15 zone (to the north) along the north side of the North Street right-of-way, vacated through the applicants' respective parcels. Staff has determined that the north half of the North Street right -of way would have been designated R-15 when it was vacated, under the requirements of the Code. In light of the arguments in favor of the rezoning request, H & C Marqusee, Inc. proposes to re -zone Outlot B from Academic to R-15, as discussed below. 1s 0 C III A. Purpose (Sec. 26.310.010): The purpose of Chapter 26.310 is to provide a means for amending the text of Title 26 (the Aspen Land Use Code) and the official zone district map. It is not intended to relieve particular hardships or confer special privileges or rights on any person. III B. Procedure for Amendment (Sec. 26.310.020): III B.1. General (Sec. 26.310.020.A): Under the provisions of Sec. 26.310.020, an application for amendments to the official zone district map may be initiated by the persons identified in Sec. 26.304.040, Initiation of Application for Development Order. Sec. 26.304.040 provides that an application for a development order may only be initiated by a person or persons owning more than fifty percent (50%) of the property subject to the development application and proposed development. In this case, the sole owner of the parcel has agreed to initiate the amendments (see Exhibit Al). An application for amendments shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304, addressed in Section II of this application. III B1.a. General Application Information (Sec. 26.435.080.A): The applicants' responses to the general application information required in Sec. 26.304.030, Application and Fees are included in Section H C.l.a, beginning on page 5. III B.2. Steps Required (Sec. 26.310.020.B): The applicants are not requesting initiation of the rezoning by the City Council utilizing the procedure for emergency ordinances as provided for in Sec. 26.310.020.C. Therefore, two steps, with a public hearing before the Planning and Zoning Commission and a public hearing before the City Council are required to determine if the application meets the standards for amendment to the official zone district map. Publication as spelled out in Sec. 26.304.060.E.3.a is required for the Planning and Zoning Commission hearing and notice as defined for adoption of an ordinance is required for the City Council hearing. 19 III C. Application (Sec. 26.310.030): A development application for amendment to the official zone district map shall include: III C.1. "The general application information required in Section 26.304.030." The general application information required in Section 26.304.030 is addressed above in this Section H C.1.a, beginning on page 5. III C.2. "If the application requests an amendment to the text of this Title, the precise wording of any proposed amendment." This application does not include a request for an amendment to the text of the Aspen Land Use Code (Title 26). III C.3. "If the application requests an amendment to the official zone district map: III C.3.a. "The present zone district classification and existing land uses of the real property proposed to be amended." The present zone district classification of both the Marqusee parcel (Lots G & H, Block 1 and associated vacated rights -of way) and the Anthony parcel (Lots A through F, Block 7 and associated vacated rights -of -way) is R-15. The southern portion of the two parcels (vacated North Street) is incorrectly shown on the current City Zoning Map as R-6 zoning. Under the relevant Code language, however, when City land is vacated, it assumes the zone designation of the adjacent private land, which is R-15. The present zone district classification of Outlot B, according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision Plat is Academic. The Marqusee parcel and Outlot B are presently vacant. The Anthony parcel is developed with a single family residence. III C.3.b. "The area of the property proposed to be amended, stated in square feet or acres, or a major fraction thereof." The total area of Outlot B which is proposed to be re -zoned is 4,470 sq. ft. of land. III C3.c. "An accurate survey map of the real property proposed for amendment. " An accurate map of the real property proposed to be zoned / re -zoned (Outlot B), is included on the draft Anthony Marqusee Lot Line 20 Adjustment Plat, prepared by Alpine Surveys, Inc. A reduced copy of the Plat is included as Exhibit E. III D. Standards of Review (Sec. 26.310.040): In reviewing an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: III D.1. "Whether the proposed amendment is in conflict with any applicable portions of this Title." To the best of the applicants' knowledge, the proposed rezoning from Academic to the R-15 zone district is not in conflict with any applicable portions of Title 26, the Aspen Land Use Code. III D.2. "Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan." The proposed rezoning of Outlot B from Academic to R-15 in order to bring the zoning in line with the surrounding residential neighborhood is so limited in scope as to have little relationship to the broader goals of the Aspen Area Community Plan. In fact, the Plan itself includes the following language: "The Aspen Area Community Plan is broad in scope and does not address every issue or parcel individually. The plan should be interpreted to apply generally to all properties and issues in Aspen and the immediately surrounding area." The Marqusee's past actions in facilitating the adoption of a redevelopment plan for the Aspen Meadows, which in turn resulted in the transfer of Outlot B to the Marqusees, was supportive of several goals of the Plan. The proposal is not believed to be inconsistent with any of the elements of the Aspen Area Community Plan. The 1993 Aspen Area Community Plan established a blueprint for Aspen's future. The 1993 Plan focused on four major themes that were generated by citizen committees. They were: a. Revitalizing the Permanent Community; b. Providing Transportation Alternatives; 21 9 • c. Promoting Environmentally Sustainable Development; and d. Maintaining Design Quality/Historic Compatibility. The 2000 Update added four new themes to help address changes in the community since the original Plan: a. Capturing the Impacts of Growth and_Change; b. Containing Development to Limit Sprawl; c. Economic Sustainability and d. Arts, Culture & Education. The applicant is including responses regarding the following sections of the 2000 Plan Update: a. Managing Growth: The proposal is within the Aspen Townsite and the Urban Growth Boundary and the residential development associated with the proposal is exempt from Growth Management. The proposal is therefore consistent with the intent of the section of the 2002 Aspen Area Community Plan ("AACP") regarding Managing Growth, which is to encourage land use to occur in such a way that it protects and enhances the existing physical and natural environment of the valley and to limit the ultimate population in the Aspen area through a Growth Management System. b. Transportation: Through the prior commitments made by the Marqusees to accommodate a realignment of Meadows Road, a significant new pedestrian trail segment was established on old Meadows Road. The proposal is therefore consistent with the intent of the section of the AACP regarding Transportation, which is to provide a balanced, integrated transportation system for residents, visitors and commuters that reduces congestion and air pollution. Walking, bicycling and transit use is promoted to help reach that goal. c. Housing: The residential development associated with the proposal is exempt from housing requirements, although approval of caretaker units may be requested in the future. The proposal is therefore not inconsistent with the intent of the section of the AACP regarding Housing, which is to create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods, is affordable and respects overall community concerns. 22 d. Economic Sustainability: The intent of the section of the AACP regarding Economic SustainabiIity, which is to maintain a healthy, vibrant and diversified year-round economy that supports the Aspen area community, to maintain and enhance existing business and cultural entities and to support and promote the "Aspen Idea" of "mind, body and spirit" is not applicable to this proposal, which does not include commercial uses. e. Parks, Open Space and the Environment: The intent of the section of the AACP regarding Parks, Open Space and the Environment, which is to preserve, enhance and restore the natural beauty of the environment of the Aspen area, to provide low -impact' facilities to support the sustainable use of unim roved areas and to es of support an environment that betters the livall, preserves our natural resources and provides opportunities and access for all to enjoy is not applicable to this residential proposal. f. Historic Preservation: The intent of the section of the AACP regarding Historic Preservation, which is to preserve Aspen's irreplaceable historic resources, is not applicable to the proposal because there are no historic resources on any of the parcels. g. Design Quality: The applicants will comply with the City's Residential Design Review when required and will therefore comply with the intent of the section of the AACP regarding Design Quality, which is to ensure the character of the built environment in Aspen is maintained through public outreach and education about quality design, historical context, and the influence of the existing built and natural environments. h. Arts, Culture and Education: Through the prior commitments made by the Marqusees to accommodate a resolution of the development plan for the Aspen Meadows, the applicants have supported the intent of the section of the AACP regarding Arts, Culture and Education, which is to recognize the contribution of the arts, culture and education to the quality of life in Aspen and to support the arts and the cultural community in its efforts to increase awareness of its significance to the future and quality of life in Aspen. 23 . LAND USE APPLICATION• PR0.IECT' APPLICANT: Name:,Uhc2tic�— Location: �G��,r (Indicate street address, lot & block number, legal description where appropriate) Name:me'e_r rr-C4 C UIze Address: f>e-L -=7;yn Phone #: REPRESENTATIVE - Name: �7iGIGr c91 �ii (/J Address: Phone #:-71 YPL Ut- F'1PF'LIGA I IUN: (please check all that apply): 0 Conditional Use Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Subdivision ❑ Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use Other: Lot Line Adjustment Text/Map Amendment CJUJ I INU %.UNUI I IUNJ: �descnption or existing buildings, uses, previous approvals, etc.) PROPOSAL: (descnption of proposed buildings, uses, modifications, etc.)zy -o ZO o Ga��GcuG —l� Have you attached the following? FEEs DUE: S d 1?6' v v Pre -Application Conference Summary Attachment 91, Signed Fee Agreement Response to Attachment 92, Dimensional Requirements Form Response to Attachment 93, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents Response to Attachment 95, Review Standards for Your Application 9 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: U C Location: Zone District: Lot Size: ;/0, 39p Lot Area�lY % ' �t CCU 2. 6,f3 a %w� (f r the purposes of calculating Floor rea, Lot Area may be reduced for are within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing.•--- `� Proposed: 2 Number of bedrooms: Existing: l/�t Proposed: k Co w zo� Proposed % of demolition (Historic properties only):_Z4__/A DIMENSIONS: Floor Area: Existing: (�hwAllowable: s� �r 0posed. N� Principal bldg. height: Existing: �Ol hal olfAllowable: 1 ` Proposed: Access. bldg. height: Existing: ::/ Allowable: rhYProposed: A 1f- On -Site parking: Existing: Proposed: % Site coverage: Existing: Required: Proposed: /V/�- Open Space: Existing:, !fir Required. /Y6 n'f Proposed:� Front Setback: Existing: 41)(,� Required: 25 Proposed.• Rear Setback: Existing: Required: 1� J� Proposed: Combined F/R: Existing. t ,� . _Required: o h,f Proposed: i Side Setback: Existing. Required: ' Proposed: Side Setback: Existing:_ h Required: Proposed: t/¢" Combined Sides: Existing: /f Required: Proposed: Existing non -conformities or en roachments: /'V-4111 125 ' 95"iations requested: 0 m f Q �0-1 I IL bL�V .W U- O 9 � -�zZ to • Q 9 ��_� W dv �d� >� la uiISgug < w 0 4)� dW� 2? �-9 w � t � pLi - i uD�mDUUULuuq u �u Hy�•pniC P w ,Il�.l aC ''F'liFwli O •1 • • 0 cc OOP ti O z cc 133813 H1N3n3S I 4 a STEWART TITLE OF ASPF,N, INC. 0*ERS1HP AND ENCUMB&kNCE REPO Exhibit B1. Order No.: 00029194 PREPARED FOR: STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that title to: That portion of Lots O and H, Block 1, lying Easterly of Meadows Road as the no is described in Book 308 at Page 229, CITY AND TOWNSITE OF ASPEN COUNTY OF PITRIN, STATE OF COLORADO situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: CHARLES B. MARQUSEE and that the above described property appears to be subject to the following liens: 1. NONE EXCEPT any and all taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of record. This report does not reflect any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. (2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years. Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. Dated: March 22, 2002 at 7:30 A.M. , at Aspen, Colorado STEWART TITLE ASPEN, INC. By: 1, Authorized Signature STFNVART TITLE O'' ' `7"EN, INC. 16NERSIiil' AND ENCUAILItANCE REP* Exhibit B2. Order No.: 00029194A PREPARED FOR: STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this ofice that title to: Outlot B, The Aspen Meadows Subdivision, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded January 24, 1992 in Plat Book 28 at Page 5 as Reception No. 340938. COUNTY OF PITRIN, STATE OF COLORADO ,0` situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: H & c MARQUSEE, INC., TRUSTEE and that the above described property appears to be subject to the following liens: 1. NONE EXCEPT any and all taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of record. This report does not reflect any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. (2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years. Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. Dated: March 22. 2002 at 7:30 A.M. STEWART TITLE OF ASPEN, INC. By: Authorized S , at Aspen, Colorado STEWART TITLE OF ASPEN. INC. OWNWHIP AN)) ENCUMBRAN E REPORT • Exhibit B3. Order No.: 00029194 PREPARED FOR: 99999oo STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that title to: See Attached Legal Description �t situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: JULIE KATHLEEN ANTHONY and that the above described property appears to be subject to the following liens: 1. A Deed of Trust dated July 31, 1998, executed by Julie Kathleen Anthony, to the Public Trustee of Pitkin County, to secure an indebtedness of $800,000.00, in favor of Norwest Mortgage, Inc., recorded July 31, 1998 as Reception No. 420148. EXCEPT any and all taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of record. This report does not reflect any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. (2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years. Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. Dated: March 22, 2002 at 7:30 A.M. at Aspen. Colorado STEWART TITLE O�ASPEN, INC. By; ��rV Authorized Signature SCHEDULE A • Order Number: 00029194 LEGAL DESCRIPTION Fractional Lots A, B, C, D, E and F, Block 7, CITY AND TOWNSITE OF ASPEN, TOGETHER WITH and adjacent Northerly portion of vacated North Street and Easterly portion of vacated Eight Street, City and Townsite of Aspen, which is marked the Charles Marqusee Individually Parcel on the Marqusee Vacation Plat recorded July 9, 1997 in Plat Book 43 at Page 18 as Reception No. 406177. EXCLUDING THEREFROM all property within Outlot B Aspen Meadows Specially Planned/Area Subdivision according to the Aspen Meadows Final S.P.A. Development Plan and Final Plat recorded January 24, 1992 in Plat Book 28 at Page 5 as Reception No. 340938. COUNTY OF PITKIN, STATE OF COLORADO. Joseph Wells Land Planning 5� � � j� 602 Midland Park Place Aspen, Colorado 81611 +� `ECOVef) Phone:970.925.8080 Facsimile:970.920.4378 AUG 12 2M A)re,v i rI I KIN August 10, 2002 CONYURI Y DEVELOPMENT Mr. James Lindt Planner Community Development Department, City of Aspen 130 South Galena Aspen, Colorado 81611 Hand Delivered Dear James: I have revised the Anthony/Marqusee Lot Line Adjustment Plat generally as you suggested. I did take a few small liberties with your language and I decided that I could more easily add clarifying language about calculations which include vacated land to Plat Note 3, instead of Plat Note 2. Is there a reason that you want me to remove the clarifying sentence regarding the balance of the two lots not being subject to SPA restrictions? Since Alpine Surveys refuses to use CAD, could you let me know if these revisions are okay so that they don't have to make the changes twice? Please give me a call if you have any questions. MEMORANDUM To: Joseph Wells, Joseph Wells Land Planning From: James Lindt, Planner Date: August 8, 2002 Re: Anthony/ Marqusee Lot Line Adjustment Plat Changes Amend dates on the signature blocks for the City Engineer, Community Development Director, and Pitkin County Clerk and Recorder to read 2002. 2. Remove the Zone District Classifications from the parcel to avoid having to amend the Plat in the event that the proposed rezoning is V approved. 3. Plat note 2 should be amended to read as follows: "Only the fractional lots of Block 1 and Block 7 which are included within Lot One and Lot Two, Anthony/Marqusee Lot Line Adjustment may presently be included in Floor Area Ration Calculations under the provisions of Section 26.575.020 of the Aspen Land Use Code, provided, however, that such provisions may be amended in the future. The Anthony/Marqusee Lot Line Adjustment represented on this plat shall not increase the development rights, allowable floor area ratio, or allowable density on any of the parcels included in the lot line adjustment. 4. Plat note 3 should be amended to read as follows: "The City of Aspen vacated those portions of North and Eighth Streets included within lot one and lot two, Anthony/Marqusee Lot Line Adjustment pursuant to Ordinance No. 11, Series of 1993, and Ordinance No. 14, Series of 1997. Vacated Rights -of - Way may not presently be included in lot area for the purposes of calculating Floor Area Ratio and Density, but may be utilized for the siting of structures (subject to the setback provisions of Section 26.710 of the Aspen Land Use Code). Provided that such provisions may be amended in the future. 08-07-02 09:46 COLDWEL ANKER ASPEN ID=#204378 P02/02 Joseph WeUs Land Planning 602 Midland Park Place Aspen, Colvrado $1611 Phone; 970.925JMO Pacsimtlr- 970.920_4378 August 7, 2002 Mr. James Luidt Planner Community Development Department, City of Aspen 130 South Galena Aspen, Colorado 81611 Delivered by Facsimile to 920--5439 Dear James: I spoke with Charlie and Helga after the P& Z meeft last might They could not shed any Light over what might event have caused. Ron Erickson to harbor such ill, will as a result of a past Board of Adjustment matter. Their recollection was the same as mine, which was that they had applied for a setback variance for what is now the vacant parcel about twenty years ago, which was denied They didn't pursue it further at the time. Ron vas suggesting that they turned around and did a lot split and sold the land, which is completely inaccurate, if that is what he really meant_ The Marqusees didn't sell anything until three or four years ago, when Helga's doctor ordered her not to continue to spend summers and falls at 8,000 feet. That's when they sold their two homes to long-time Aspen residents and resigned themselves to year-round life in Boca Raton.. I believe that I heard you make a point that the lot line adjustment needs to be ,coma pleted before the rezoning goes to Council, because of the concern about zoning a parcel of less than 15,000 sq ft "R-15." If I heard that correctly, we probably should resolve any changes that need to be made to the Plat and get those made so that that the merger can be completed prior to taking the rezoning to City Council_ I know that Plat Dote No_ Three needs to be changed to reflect the formal interpretation that Julie Ann made on calculation of land area in each zone district_ Please let me know if you think that there are other changes that need to be made. Sincerely, -` Joseph Wells ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE 1 J ,Aspen, CO ADDRESS OF PROPERTY: \ Aspen, SCHEDULED PUBLIC HEARING DATE:y l�lr i ) VV— STATE OF COLORADO ) ss. County of Pitkin ) �_ (name, please print) I, 1 AA being or representing an Applicant to the itv of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the follolvin`a manlier: Plrhlication of"notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. !copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (1 5) days prior to the public hearing and was continuously visible from the _ day of 200 to and including the date and time of the public bearing. A photograph of the posted notice (sign) is attached hereto. lvlailinz� of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (1 5) days prior to the public hearing, notice was hand delivered or mailed by first class postage gency, state, county, municipal government, prepaid U.S. mail to any federal a school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. _nature The foreaoina "Affidavit of Notice" was acicnowledaed b fore me thi day of 1�� 100by ell PUBUC NOTICE RE: OUTLOT B or, ^16 ASPEN MEADOWS SUBDI- NOTIC IS HE 2,;Y GIVEOR-IS WITNESS NIY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 18. 2002, at a meet- ing to begin at 4:30 P.M. before the Aspen Plan- ning and Zoning Commission, Sister Cities Meet- Ing Room, City Hall, 130 S. Galena St., Aspen, to iVly commiss n expires: J consider an application submitted by Charles Marqusee, requesting approval to rezone Outlot B of the Aspen Meadows Subdivision/SPA from the Academic Zone District with and SPA Overlay to the R-15 (Moderate -Density Residential) Zone Notary Public �1 A District with an SPA Overlay. The property Is de- �: •. •�� scribed as Outlot B, of the Aspen Meadows Subdi- vision/ SPA. For further Information, contact James Undt at S,lfi the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920- 014 5095, Jamesl@ci.aspen.co.us s/Jasmine Tygre, Chair (� ,•.,� ,f O Aspen Planning and Zoning Commission Published in The Aspen Times on June 1, 2(N)2. 0 •..." ... n' (8W3) ATTACHMENTS: COLO COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL, AGENCIES NOTICED BYIVIAIL f • 0 -� J MEMORANDUM TO: Planning and Zoning Commission '= THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: James Lindt, Planner 3 — RE: Rezoning of Outlot B, Aspen Meadows Subdivision/SPA- Public Hearing - Continued from June 18, 2002 DATE: August 6, 2002 APPLICANT /OWNER: Charles Marqusee REPRESENTATIVE: Joseph Wells, Joseph Wells Land Planning LOCATION: Outlot B, Aspen Meadows Subdivision/SPA PARCEL ID NUMBER: 2735-121-13-008 CURRENT ZONING: Academic/SPA PROPOSED ZONING: R-15 (Moderate -Density Residential) SUMMARY: The Applicant requests to rezone Outlot B of the Aspen Meadows Subdivision/SPA from the Academic Zone District with an SPA Overlay to the R-15 (Moderate- Density Residential) Zone District. Outlot B was conveyed to the Applicant as consideration for his giving of land for the constriction of the New Meadows Road in conjunction with the Aspen Meadows SPA. APPROVED AND CURRENT LAND USE: Outlot B is currently vacant and is intended to be incorporated into the residential lots directly to the south through a lot line adjustment that may be approved administratively. SUMMARY: The Applicant is requesting to rezone Outlot B (see attachment `B" for location), of the Aspen Meadows Subdivision from the Academic Zone District with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District. Outlot B was conveyed to the Applicant in consideration for land that he gave for the construction of the New Meadows Road. The Applicant is requesting rezoning approval in order to allow for the merger of Outlot B with the two properties located directly to the south. The merger would subsequently occur through the administration of a lot line adjustment by the Community Development Director. Additionally, an insubstantial SPA amendment to be administered by the Community Development Director is required and has been requested to remove Outlot B from the Meadows SPA. LAND USE REQUESTS The Applicant is requesting approval of the following land use requests: 1) Rezoning Outlot B from Academic with an SPA Overlay to R-15 (Moderate -Density Residential) Zone District; and, P67 • 2) Insubstantial SPA Amendment to remove Outlot B from the Meadows SPA (to be reviewed by the Community Development Director if rezoning application is approved); and, 3) Lot Line Adjustment to merge Outlot B with the two lots located directly south of Outlot B (to be reviewed by the Community Development Director pursuant to Land Use Code Section 26.430.040(A), Lot Line Adjustment). (Please see draft plat attached at the end of Exhibit "B"). REVIEW PROCEDURE Rezoning, (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: Staff believes that the proposal to rezone Outlot B from the Academic Zone District with an SPA Overlay to R-15, and to merge it with the residential parcels to the south will benefit the City by cleaning up the zoning in this area. The proposed rezoning application and subsequent lot line adjustment and SPA amendment would rezone the narrow strip of land south of Meadows Road (Outlot B) to match the zoning of the other parcels on the south side of the road. The current zoning (Academic Zone District with an SPA Overlay) of Outlot B is no longer logical because the land is no longer under the ownership of the Aspen Institute which would utilize it for educational and cultural purposes as the Academic Zone District intends. Outlot B was given to the Applicant to provide a land buffer as consideration for providing land for the construction of the new Meadows Road. The proposed rezoning application will not provide additional development rights on Outlot B. If the proposed rezoning is approved, the Applicant plans to merge Outlot B with the two residential parcels located directly to the south. The associated lot line adjustment will not allow for additional development rights to be gained by any of the parcels involved pursuant to Land Use Code Section 26.480.030(A)(1)(d), Lot Line Adjustments. Therefore, no additional FAR or development rights would be provided to Outlot B or the two parcels to the south by granting the proposed rezoning and subsequent lot line adjustment. Additionally, the single-family residence located on the parcel to the southeast of Outlot B is currently non -conforming in regards to it's north setback. Rezoning and merging a portion of Outlot B with the aforementioned parcel will lessen the setback non -conformity by extending the parcel's lot line to the north. Therefore, the proposed rezoning will also allow for the residential parcel to the south to be brought more into conformance with it's current zoning (R-15) by allowing for the lot line adjustment to be completed. As previously explained, the lot line adjustment cannot be approved unless the proposed rezoning is approved. I y � • ���I �I P69 In addition, as previously mentioned, Staff believes that the proposed insubstantial SPA amendment to remove Outlot B from the Meadows Specially Planned Area cleans up the erratic zoning boundaries that were left behind as a result of the construction of New Meadows Road. The proposed SPA amendment would allow for a sliver of land (Outlot B) that is zoned Academic to be converted to the R-15 (Moderate -Density Residential) Zone! District to match the zoning of the surrounding parcels of land. The Applicant has also received a letter of consent from Aspen Institute to allow the Applicant to apply for the SPA amendment. As mentioned earlier in the memo, Outlot B is no longer under the ownership of the non- profit entities that would utilize the parcel in a manner that is consistent with the uses in the Meadows SPA and the underlying Academic Zone District. The Applicant has expressed no intention at this time of selling Outlot B back to the Aspen Institute that would utilize it for academic or cultural purposes. Staff believes that the proposed insubstantial SPA amendment meets the applicable review criteria for approval by the Community Development Director pursuant to land use code section 26.440.090, amendment to SPA development order. STAFF ANALYSIS SUMMARY: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning Commission; forward a recommendation of approval to City Council on the proposed rezoning application. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the proposed resolution recommending that City Council approve the proposed rezoning application. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2002, recommending that City Council approve the proposed rezoning application to allow Outlot B, of the Aspen Meadows Subdivision to be rezoned to the R-15 (Moderate -Density Residential) Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Land Use Application Exhibit C -- Aspen Institute Insubstantial SPA Amendment Application Letter of Consent 3 P70 • 0 RESOLUTION NO. _ (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE OUTLOT B, OF THE ASPEN MEADOWS SUBDIVISION TO THE R-15 (MODERATE —DENSITY RESIDENTIAL) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. %F Parcel ID: 2735-121-13-008 WHEREAS, the Community Development Department received an application from H & C Marqusee Inc., represented by Joseph Wells, requesting approval to rezone Outlot B, of the Aspen Meadows Subdivision/SPA from Academic with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the rezoning under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that rezoning meets or exceeds all applicable rezoning standards and that the approval of the rezoning application is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, the Planning and Zoning Commission recommends that City Council approve the application to rezone Outlot B, Aspen Meadows Subdivision from the Academic Zone District with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. P71 F. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th day of August, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair P72 EXHIBIT A ! REVIEW CRITERIA & STAFF FINDINGS REZONING FROM ACADEMIC WITH AN SPA OVERLAY TO THE R-15 (MODERATE -DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. The proposed amendment to the official zone district map to change the subject property's zoning designation from Academic with an SPA Overlay to R-15 is not in conflict with any portion of the Land Use Code. Actually, the proposed rezoning in conjunction with the proposed insubstantial SPA amendment will allow for portions of Outlot B, of the Aspen Meadows Subdivision to be merged with the two residential parcels to the south through a Lot Line Adjustment to be reviewed by the Community Development Director. By allowing for the Lot Line Adjustment to occur, the convergence of the narrow Outlot B and the residential parcel to the southeast will correct an existing setback non- conformity in relation to the existing single-family residence located on the residential parcel. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The 2000 Aspen Area Community Plan's future land use composite map earmarks Outlot B, of the Aspen Meadows Subdivision for residential use. The proposed rezoning to R-15 (Moderate -Density Residential) is in keeping with this vision set forth in the AACP. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Staff believes that the proposed rezoning is compatible with the surrounding zone districts and land uses. Both of the parcels directly south of Outlot B are zoned R-15 and contain single-family. residences. Additionally, the parcels located directly across the street are also zoned R-15 with an SPA Overlay. The proposed rezoning will not increase the development rights on Outlot B. Staff finds this criterion to be met. 0 P73 ,- D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding Staff does not believe that the proposed rezoning will have an effect on traffic generation nor road safety. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The proposed rezoning application will not increase the allowable development rights of Outlot B. Therefore, Staff does not feel that there will be an increase in the demand for public facilities. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application will not affect the Community Character within the City of Aspen. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff believes that the construction of the New Meadows Road changed the conditions affecting the subject parcel which support the proposed rezoning application. The Applicant was given Outlot B as consideration for giving land for the construction of the New Meadows Road. Staff believes that the Academic zoning which is currently applied to Outlot B is no longer appropriate for the parcel in that it is no longer owned by the Aspen Institute and incorporated into the development plan of the Meadows SPA. The surrounding lots are all zoned R-15 or R-15 with an SPA Overlay for the mostpart, and Staff believes that the proposed rezoning application is appropriate to clean up the zoning on Outlot B. Staff finds this criterion to be met. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. 7 P74 • Is Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. The proposed rezoning application would make the zoning of Outlot B consistent with the surrounding parcels. Staff finds this criterion to be met. ■� 22-02 11:10 COLDWELL BANKER ASPEN ■, ■ _ 0 w■ I DI709204378 I all] 9 M] K Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611kj o Phone: 970.925.8080 Facsimile: 970.920.4378 e-mail Address: WellsAspen@aol.com RECEIVED JUL 2 2. MI ASrtw i r it KIN COMMUNITY DEVELOPMENT F,X'rxnNsrvnrrai TO: A�e& FAX NUMBER: %" G'� f 57%7Z FROM: L�o <f 41e v- DATE: 7 22- 07, RE: zr- - �, - - I - . 77 NUA4BER OF PAG S: (including cover) r� u Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 July 1-9, 2002 Ms. Julie Ann Woods, Director Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 Hand Delivered Dear Julie Ann: RECEIVED JUL 16 2002 ASPEN BUILDING DEPARTMENT I am writing to follow up on James Lindt's e-mail to you dated July 10 regarding the pending Insubstantial SPA Amendment, Lot Line Adjustment Application and Rezoning Request for three parcels including Outlot B of the Aspen Meadows Final SPA Development Plan ("Outlot B") on file for H & C Marqusee, Inc., Charles Marqusee and Julie Anthony. The two most recent issues to be raised have to do with taking the Insubstantial SPA Amendment request to the Planning and Zoning Commission and the type of notice required for these procedures. James recently e-mailed a notice to me for the rezoning request and SPA Amendment and suggested that it should be sent to owners within three hundred feet of the parcels. The language of my most recent copy of Sec. 26.440.090 A of the Code does not provide for consideration of an Insubstantial SPA Amendment by anyone other than the Planning Director. Since the owner of Outlot B is only proposing to eliminate the boundary of one of the parcels within the SPA, is not proposing any changes affecting the prior SPA approval and is in conformance with each of the nine standards for approval of an Insubstantial SPA Amendment, it seems to me that the procedure should be approved by the person designated to consider it under the Code. Secondly, on the issue of notice, none of the three procedures under the Code provide for the mailing of notice to owners within 300 feet or the posting of notice. Sec. 26.440.090 does not include a notice requirement for an Insubstantial SPA Amendment, Sec. 26.480.040 specifically states that there is no notice requirement for any of the subdivision exemption procedures except for Lot Splits and Sec 26.310.020 requires only publication of notice as provided in Sec. 26.304.060(E)(3)(a) for the rezoning. July 15, 2002 Ms. Julie Ann Woods, Director Page two of two Please let me know if I am unaware of Code changes that have been made regarding any of these issues. C • Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 9970.925.8M Facsimiles 970.920.4378 July 7, 2002 lvtr. James Lindt, Planner Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 Hand Delivered Dear James: 4 V\ ew l 04-1V 5 6-() G o�vl5 �v1�' I am writing once again to follow up on our discussions regarding the pending Lot Line Adjustment Application/Rezoning Request for three parcels including Outlot B of the Aspen Meadows Final SPA Development Plan ("Outlot B") on file for H & C Marqusee, Inc., Charles Marqusee and Julie Anthony. We would like to proceed to the Planning and Zoning Commission with the request to rezone Outlot B from Academic to R-15. As we have discussed, the owner of Outlot B is proposing only to eliminate the common boundaries with the two parcels to the south and is not proposing any other changes to Outlot B, including changes to the commitments contained in the SPA Agreement, if any. You previously informed me, however, that the City Attorney has taken the position that an insubstantial amendment of the SPA approval for the Meadows will be required and I have provided responses to those criteria which are attached to my June 2.5, 2002 letter. Further, staff is suggesting that the owner of Outlot B must obtain the consent of over 50 percent of the owners of the property within the subdivision in order to pursue the SPA amendment and the merger. Staff has interpreted that consent of the owners of over 50 percent by acreage will satisfy this interpretation. Whether or not this is an appropriate interpretation of Sec. 26.304.040 is an issue that I will attempt to explore later, but I have reviewed the language of the SPA Agreement to refresh my recollection of the language that we used related to amendments of the SPA. Paragraph 12 of the recorded SPA Agreement (page 35) describes different procedures for amendment by the non -profits and those for the owners of 0 0 July i, 2002 Mr. James L,indt, Planner Page two of two Lots Five through Ten_ Lots One through Four are owned by non -profits and Lots Five through "Ten are parcels intended for residential development. Outlot A and Outlot B are both isolated parcels between the right of way for New Meadoivs Road which were given a separate parcel designation on the Final SPA Plan because of the separation from other parcels in the subdivision. These parcels have no documented development rights under the approval, so they cannot reasonably be considered residential parcels. However, since H & C 1liarqusee, Inc. is proposing to merge Outlot B to two residential parcels and wishes to rezone Outlot B to a residential designation, the applicant has decided to concede the point regarding obtaining consent of -0 percent of the other owners in the subdivision. Coincidentally, I have reviewed some of my old files and have run across the attached letters of consent from the three primary non -profits written in 1994. I didn't recall, but apparently, Stan Clausen also took the position that we ,should provide consent letters from the non -profits because of the somewhat unclear language of the SPA Agreement. Some other roadblock apparently prevented us from proceeding further at that time_ Please let me know if you need additional information in order to proceed. Joseph Wells 9 • ASPEN/PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: APPLICABLE CODE SECTION: EFFECTIVE DATE: City of Aspen Section 26.575.020 (C) Lot Area June 18, 2002 WRITTEN BY: James Lindt, Planner APPROVED BY: Julie Ann Woods, Community Development Director COPIES TO: John Worcester, JUN 2 6 2002 (yR Sarah Oates COMMUNI I-1 UtC-....wwi i uo-i&TO SUMMARY CITY OF ASPEN This code interpretation determines that vacated public right-of-way should be included in lot area for all purposes other than calculating floor area ratio and density. PURPOSE The purpose of this code interpretation is to further clarify the language in Land Use Code Section 26.575.020(C), Lot Area. More specifically, this interpretation clarifies the calculation of lot area for purposes other than calculating allowable FAR and density on lots that contain vacated public right-of-way. BACKGROUND Section 26.575.020(C) of the Land Use Code specifies certain inclusions and exclusions to be made when determining the total lot area of a property for the purpose of calculating floor area and density. The specific language, which is the subject of this code interpretation, is as follows: Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that area ... within a vacated right-of-way, or within an existing or proposed dedicated right-of-way or surface easement. Lot area shall include any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irrigation ditch, or any lands subject to an above ground or below ground surface easement such as utilities that do not coincide with road easements. When calculating density, lot area shall have the same exclusions and inclusions as -for calculating -floor area ratio except for exclusion of areas of greater than 20% slope. DISCUSSION The above language specifies certain calculations in which vacated public right-of-way is to be excluded from lot area calculations. More specifically, the above code language states that vacated public right-of-way is not to be included in lot area for the purposes of calculating floor area ratio and density. However, the code language does not specifically state that vacated public right-of-way is not to be included into lot area for other purposes, such as establishing minimum lot size for zoning. Staff believes that because the code language is specific to situations in which vacated right-of-way is to be excluded in calculating lot area, that in all other instances, vacated right-of-way should be allowed to be counted towards lot area. APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. In this case, there is no land use case proposed by the applicant, therefore an appeal would require separate action by City Council. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. C Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 June 25, 2002 Mr. James Lindt, Planner Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 Hand Delivered Dear James: RECEIVED JUN 2 7 2002 ASPEN BUILDING DEPARTMENT I am writing to follow up on our latest discussion regarding the pending Lot Line Adjustment Application/Rezoning Request for three parcels including Outlot B of the Aspen Meadows Final SPA Development Plan ("Outlot B") which I previously filed for H & C Marqusee, Inc., Charles Marqusee and Julie Anthony. As you know, the owner of Outlot B is not proposing any changes to Outlot B other than the elimination of the common boundaries with the two parcels to the south. No additional development rights will result from the merger and the land within Outlot B will remain subject to applicable provisions of the SPA Agreement, if any. Finally, no development will occur on Outlot B as a result of the merger. If I understand correctly, the City Attorney has taken the position that any changes involving Outlot B will require the processing of an SPA amendment. We have no objection to addressing the requirements for an Insubstantial SPA Amendment, since no changes are proposed. However, staff is now taking the position that in order to process the SPA Amendment, the consent of 50 percent of the owners in the Aspen Meadows Subdivision will be required. The owner of Outlot B strongly objects to this latest interpretation of the requirements. My letter is intended to document the basis for that objection. The origin of the original SPA designation for the Aspen Meadows property was that when the City undertook a downzoning of virtually the entire community in the early 1970's, the City Council could not resolve a zone district designation with the Aspen Institute for this crucial property and opted to more or less postpone a decision on the zoning for the Aspen Meadows by applying a designation without zoning criteria to the property. At the time, no underlying zoning was applied. June 25, 2002 Mr. James Lindt, Planner Page two of three The SPA designation remained on the property for many years, with several attempts undertaken to try to resolve a plan for the property, all of which failed. By the mid-1980's, Savanah had acquired the property and formed a "consortium" with the non-profit organizations to resolve a plan for the property. The goal was to create separate parcels so that each of the non-profit organizations could finally control their own property, with a limited number of lots approved for freemarket development to pay for the anticipated transfers of a large majority of the property to the non -profits. During the course of the City's review procedures for this proposal, a decision was made to apply specific zone designations to the lots being subdivided. As the planner in charge of the drafting of the SPA applications, I concluded that some new zone districts would be needed so we prepared the districts and included a zoning scheme for the property in one of the applications. I don't recall whether specific language was included in the approval documents, but I have a clear recollection that the non -profits wanted to avoid a situation where the owners of other parcels in the subdivision could prevent them from proposing future amendments to the Final SPA Development Plan by simply refusing to consent to an application for such amendments. There was particular concern with regard to the owners of the fifteen to twenty freemarket residential units approved under the Final SPA Development Plan. I have now completed a review of all of the files that I could locate in the City Clerk's Office for any sort of proposed amendments to the Aspen Meadows Final SPA Development Plan since the Plan was approved. Virtually all of the lots at the Meadows have been the subject of an amendment of some sort. With the exception of one of the nine applications which I was able to locate, all of the requests proposed some sort of development activity for the parcels in question. Further, in the case of these nine separate applications, the City did not require a single one of the applicants to seek the consent of other lot owners in the subdivision in order to process their request. I have documented these applications on Attachment B so that you can review these files if you wish. The Marqusees have always been completely supportive of the proposals of the non -profits at the Meadows. The Marqusee's willingness to give up their land for the new Meadows Road alignment, enduring the lion's share of the impacts of traffic immediately to the north of their property in the process, indicates the depth of their support. However, it is simply unfair to hold the Marqusee's to a more rigorous standard regarding consent than has been June 25, 2002 Mr. James Lindt, Planner Page three of three applied to the other lot owners in the Aspen Meadows Subdivision, particularly in light of the absolutely inconsequential impact of the Marqusee's proposal in comparison to at least two of the two previously approved applications which have had substantial impacts on the neighborhood ---namely, the reconstruction and expansion of the Music Tent and the reconstruction and expansion of the Center for Physics. Again, both of these significant applications were processed and approved without the consent to the applications by other lot owners in the subdivision. Further, the only reference in the Code to a requirement for ' fifty percent consent" that I am aware of is the one contained in the Co m in o n Development Review Procedures of Chapter 26.304. Sec. 26.304.040, Initiation of application for development order states in part (the other two stated cases are unrelated) that an application for a development order may only be initiated by "a person or persons owning more than fifty percent (50%) of the property subject to the development application and proposed development". The three owners who have filed this application own 100 percent of the propery subject to the development application. The balance of the parcels in the Aspen Meadows Subdivision are = the subject of the development application and no development (or the absence of development, in this case) is proposed on any of the other parcels in the Aspen Meadows Subdivision. If this is the language that staff is relying on (which I point out applies to all development applications under the provisions of Sec. 26.304.010, not just lots in the Aspen Meadows SPA), why are you not requiring the consent of 50 percent of the owners in all subdivisions when individual lot owners file for any sort of development approvals under the Code? Attachment A includes responses to the standards contained in Sec. 26.440.090 of the Code,26.440.090, Amendment to (SPA) Development Order, for the Planning Director's consideration. I hope that we can move forward with this review, so that we can all put this matter behind us. Please let me know if you need additional information in order to proceed. )USCPiI VV C1lb cc Charlie Marqusee (delivered by e-Mail to helga130aol.com) • ATTACHMENT A INSUBSTANTIAL SPA AMENDMENT STANDARDS Page One of Two Under the provisions of Sec. 26.440.090, Amendment to (SPA) Development Order, an insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The proposal is eligible for consideration as an insubstantial amendment because it does not fall within the list of amendments which may not be considered, as follows: a. A change in the use or character of the development: The amendment does not represent a change in the use or character of the development on Outlot B. The parcel will continue to be maintained in open space uses. b. An increase by greater than three percent in the overall coverage of structures on the land: The amendment does not cause any increase in the overall coverage of structures on Outlot B. No structures as defined under the City land use regulations will be permitted on Outlot B. c. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities: The amendment does not result in any increase in trip generation rates from Outlot B, or the demand for public facilities. d. A reduction by greater than three percent of the approved open space: The amendment does not result in any reduction in the approved open space on Outlot B. e. A reduction by greater than one percent of the off-street parking and loading space: The amendment does not result in any reduction in the off-street parking and loading space. No parking will be permitted on Outlot B. f. A reduction in required pavement widths or rights -of -way for streets and easements: The amendment does not result in any reduction in required pavement widths or rights -of -way for streets and easements. No roads are in place on Outlot B. The existing utility easement on Outlot B as shown on the Aspen Meadows Plat requires that all utilities be undergrounded. ATTACHMENT A INSUBSTANTIAL SPA AMENDMENT STANDARDS Page Two of Two g. An increase of greater than two percent in the approved gross leasable floor area of commercial buildings: The amendment does not result in any increase in the approved gross leasable floor area of commercial buildings on Outlot B. h. An increase by greater than one percent in the approved residential density of the proposed development: The amendment does not result in any increase in the approved residential density on Outlot B. i. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements: The amendment does not result in any change which is inconsistent with a condition or representation of the original approval for the Aspen Meadows SPA or which requires the granting of a further variation from the approved use or dimensional requirements. ATTACHMENT B PRIOR AMENDMENTS TO THE ASPEN MEADOWS FINAL SPA DEVELOPMENT PLAN APPROVED BY THE CITY Page One of Two 1. Clerk's File "Aspen Institute Bldg 7' A 27-92 On 3 / 31 / 92, Planning Director Diane Moore approved an Insubstantial SPA Amendment for the Aspen Institute for the relocation of Building 7 on the Institute parcel. 2. Clerk's File "Aspen Meadows Insub SPA Amend" A 47-93 On 9/14/93, Planning Director Diane Moore approved an Insubstantial SPA Amendment for the Aspen Institute for the Health Club facilities on the Institute parcel. 3. Clerk's File "Aspen Institute Insub Amend/SPA" A 48-94 On 7/13/94, Interim Planning Director Leslie Lamont approved an Insubstantial SPA Amendment for the Aspen Institute for the construction of the Japanese Meditation Garden. 4. Clerk's File "Aspen Center Physics/SPA Amend" A 9.95 On 6/13/95, the Aspen City Council approved Ord 26, Series of 95, approving an Amendment to the Aspen Meadows Final SPA Development Plan for the Aspen Center for Physics for a redevelopment plan for the Physics parcel. 5. Clerk's File "Aspen Institute Insub SPA Amend" A 81-95 On 7 / 19 / 95, Planning Director Stan Clauson approved an Insubstantial SPA Amendment for the Aspen Institute regarding the expansion of the seminar buildings. 6. Clerk's File "Aspen Meadows Insub Amend to SPA" A 85-95 On 7/25/95, Planning Director Stan Clauson approved an Insubstantial SPA Amendment for Savanah regarding the dimensional requirements for Lots 7-10. 7. Clerk's File "Aspen Meadows SPA Amendment" A 059-98 On 3/6/00, Planning Director Julie Ann Woods approved an Insubstantial SPA Amendment on the Music Associates parcel for the new Music Tent. ATTACHMENT B PRIOR AMENDMENTS TO THE ASPEN MEADOWS FINAL SPA DEVELOPMENT PLAN APPROVED BY THE CITY Page Two of Two 8. Clerk's File "Aspen Meadows SPA Amendment for Lot 7" A 057-00 On 5/ 22 / 00, the Aspen City Council approved a Supplement to the Aspen Meadows SPA Development Plan for Lot 7. 9. Clerk's File "Aspen Meadows SPA Amendment" A 088-00 On 8/7/00, Planning Director Julie Ann Woods approved an Insubstantial SPA Amendment for the Aspen Institute for two special events. 06-24-02 08:56 COLDWELL BANKER ASPEN ID=9709204378 P02/02 0 • Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 June 24, 2002 Mr. James Lindt, Planner Community Development Department City of Aspen 130 South Galena Aspen,, Colorado 81611 Delivered by facsimile to 920.5439 Dear James: Thanks for the phone message regarding the Planning Office's decision to reverse its position and allow the vacated land on the Marqusee parcel to be included in lot area for the purpose of determining the square footage in each of the two zone districts once the merger occurs_ It's a relief to know that the R-15 zoned portion will now be considered the larger area on this residential lot when compared to the Academic zoned portion_ Because of this interpretation, we would like to put on hold for a short time a decision on the issue of whether or not to process an SPA amendment in order to pursue the rezoning of the Academic portion and would like to proceed with the merger request and see if we can get that resolved first. Please let me know if you need additional information in order to proceed. Sincerely, Joseph Wells cc Charlie Marqusee (delivered by e-Mail to helgal3@aol.com) THE CITY of ASPEN OFFICE OF THE CITY ATTORNEY June 17, 2002 Joseph Wells 602 Midland Park Place Aspen, CO 81611 Re: Charles Marqusee Code Interpretation Dear Joe: This is to acknowledge receipt of your letter dated June 14', 2002, in which you ask'for my thoughts regarding a code interpretation that is currently pending before the Community Development Department. I am sure you will understand that I don't think it is proper for me to give you my thoughts on this matter until such time as the Community Development Department has rendered a decision on your request. Sincerely, John P. Worcester City Attorney cc: Julie Ann Woods, CommunityDevelopment Dept. JPW -06/ 17/2002-G:\john\word\letters\wells.doc 130 SOUTH GALENA STREET • AsPEN, COLORAW 81611-1975 • PHONE 970,920.5055 • FAx 970.920.5119 Printed on Recycled Pape` ' 0 Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 e-mail Address: We1lsAspen@aol.com June 14, 2002 Mr. John Worcester City Attorney 130 South Galena Aspen, Colorado 81611 Hand Delivered Dear John: I am writing to you regarding the Lot Line Adjustment Application/ Rezoning Request which I previously filed for H & C Marqusee, Inc., Charles Marqusee and Julie Anthony which was scheduled for review by City P&Z next week. This is a relatively innocuous request that doesn't seem to me to have any significant impacts on anyone, but which is frought with little technicalities that once again threaten our ability to complete the processing of the request. First, the applicants would like to thank you for your assistance in resolving the issue of the R-6 zoning designation shown on the recently prepared City Zoning Map for the north side of vacated North Street. It was my conclusion that, because the Code clearly provides that vacated land takes on the zone designation of the adjacent private land that it becomes attached to, the R-6 zone designation shown on the map should be considered a mapping error, since the adjacent land is zoned R-15. You apparently came to the same conclusion. I was in the Planning Office yesterday picking up some documents after just returning from "vacation". James Lindt called me aside to tell me that you had concluded that the applicants' request to re -zone Outlot B from Academic to R-15 would also require a request to amend the previously approved Aspen Meadows SPA. Having been the Planning Consultant for the Aspen Meadows SPA procedure, I think that there could be some arguments made to the contrary, but it would require some extensive research of the record to prepare those arguments and I'm not sure this situation merits such a review. I cannot advise my client that what he is trying to accomplish merits going through the brain damage that an SPA Amendment would entail. June 14, 2002 Mr. John Worcester Page two of two We did not particularly want to go through a rezoning process, either, even though I feel strongly that Academic zoning is not appropriate for the parcel given the present ownership situation. However, our decision to attempt to rezone Outlot B resulted from an interpretation that the Planning Office made regarding what lands can be included in "Lot Area". As a result of the interpretation that vacated land may not be included in lot area for the purpose of determining the amount of land within each zone district where more than one zone district has been applied, the majority zone district of Lot One of the proposed Lot Line Adjustment is Academic, rather than R-15. This could be problemmatic to the future use of the property. I previously filed for a formal interpretation by the Planning Director in order to be in a position to take an appeal of this ruling to the City Council. The Planning Director has not yet ruled on this request. In my opinion, this interpretation to exclude vacated areas from calculations other than those specifically provided for in the Code is simply in error. I would be interested in knowing what your position is on this subject. It would certainly simplify the applicants' lives if all of the R-15 zoned land, including the vacated land, could be included in the calculation of land within each zone district. As I point out in the appeal, why, after all, would the City have bothered to include language in the Code which states that vacated land is zoned according to the adjacent zoning if the land doesn't count in the calculation? Please let me know what your thoughts are on this subject. Sirer y, Joseph Wells Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 April 11, 2002 Mr. James Lindt Planner Community Development Department, City of Aspen 130 South Galena Aspen, Colorado 81611 Hand Delivered Dear James: I am forwarding on behalf of Charles Marqusee the attached request for an interpretation by the Community Development Director of the Code language regarding the inclusion of vacated land in the calculation of Lot Area when a parcel includes more than one zone district. The procedure for requesting an interpretation of the text of Title 26 is spelled out in Sec. 26.306.010.C, as discussed on the following page. The applicant's arguments are included following the Code language. Please let me know if you need additional information regarding this request for interpretation of Code language. ON Joseph Wells I. Interpretations of Title 26 (Chapter 26.306): A. Procedures (Sec. 26.306.C): 1. Submission of request for interpretation (Sec. 26.306.C.1): Charles Marqusee is requesting an interpretation regarding the attached issue of vacated lands by the Community Development Director. 2. Determination of completeness (Sec.26.306.C.2): Under the provisions of Sec. 26.306.C.2, within fifteen (15) days after a request for interpretation has been received, the Community Development Director shall determine whether the request is complete. If the Community Development Director determines the request is not complete, he (she) shall serve a written notice on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the request for interpretation until the deficiencies are remedied. 3. Rendering of interpretation (Sec. 26.306.C.3): Under the provisions of Sec. 26.306.C.3, after the request for interpretation has been determined complete, the Community Development Director shall render an interpretation within fifteen (15) days. The Community Development Director may consult with the City Attorney and review this Title and the zone district map, whichever is applicable, before rendering an interpretation. B. Form (Chapter 26.306.D): Under the provisions of Sec. 26.306.D, the interpretation shall be in writing and shall be sent to the applicant by certified mail. Mr. Marqusee requests that the interpretation be sent to Joseph Wells Land Planning, 602 Midland Park Place, Aspen Colorado 81611. C. Official record (Chapter 26.306.E): Under the provisions of Sec. 26.306.E, the Community Development Director shall maintain an official record of all interpretations in the Community Development Department, which shall be available for public inspection during normal business hours. D. Appeal (Chapter 26.306.F): Under the provisions of Sec. 26.306.F, any person who has made a request for interpretation may appeal the interpretation of the Community Development Director to the City Council in accordance with the appeal procedures set forth at Chapter 26.316. Marqusee Code Interpretation Request Page two of three Mr. Marqusee is requesting, as provided in Sec. 26.306 of the Code, an interpretation by the Community Development Director relating to parcels of land subject to more than one zone district. Because of the extent of vacated areas within the Marqusee Parcel, an interpretation that vacated land may not be counted in "Lot Area" for the purpose of determining the amount of land in each zone district would have the effect of causing the Academic zoning to be the zone with the largest square footage of land within Lot One of the proposed Lot Line Adjustment. (The lot area of Lots G & H, Block 1, owned by Mr. Marqusee, excluding the vacated rights -of way, is 2,653 sq. ft. and the lot area of the western portion of Outlot B is 3,322 sq. ft.) The provisions of Sec. 26.710.022 of the Code have previously included very restrictive language regarding limiting uses on parcels with more than one zone designation to only those permitted in the zone with the largest area. The Code section still includes language which unnecessarily limits the use of the merged parcels and there is no assurance that more restrictive language will not be added in the future. Therefore, the applicant wants to be sure that the Code language regarding calculations having to do with vacated land are performed consistent with the Code language. It is the applicant's position that vacated land should be excluded from lot area only for three specific calculations ---the calculation of floor area, as described in Sec. 26.575.020.0 and additionally, for the calculation of density and required open space, as described in Sec. 26.710.024 of the Code. There appears to be no language elsewhere in the Code that suggests that vacated land should be excluded from other calculations relating to lot area. In fact, Sec. 26.710.024 states that whenever a street is vacated, the land shall become a part of the zone designation of the adjoining land and shall be subject to the regulations of the zone district. (Note that the zoning map actually shows the streets as being zoned according to the adjacent zone designation). The actual Code language is as follows: "Whenever any street, alley or other public way within the City of Aspen is vacated by the City Council, the land on which the street, alley, or public way is located shall become a part of the zone district of the lands adjoining such street, alley or public way. Those lands shall then become subject to the regulations that apply to that zone district. In determining land available for development, however, vacated lands shall be excluded from the calculation of allowable floor area, density or required open space." Note that this language requires that vacated lands only be excluded from floor area, density and required open space calculations. The applicants concede that vacated areas are not to be included in those three calculations. However, there would have Marqusee Code Interpretation Request Page three of three been no reason for the City to state in the Code that vacated land "shall become a part of the zone district of the lands adjoining such street"... and "shall then become subject to the regulations that apply to that zone district" given staff's interpretation in this case that vacated land cannot be included in the calculation of land in each zone district. The language of Sec. 26.575.020, Calculations and Measurements and Section 26.575.030, Open Space, do not broaden the prohibitions of Sec. 26.710.024 these sections simply restate the prohibitions, as follows Sec. 26.575.020, Calculations and Measurements: C. Lot Area: ... "Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that area beneath the high water line of a body of water and that area within a vacated right-of-way, or within art existing or proposed dedicated right-of-way or surface easement. Lot area shall include any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irrigation ditch, or any lands subject to an above ground or below ground surface easement such as utilities that do not coincide with road easements. When calculating density, lot area shall have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of greater than 20% slope." Section 26.575.030 Open Space: A. Standards for open space: "Development which is required to provide open space shall comply with the following provisions: ...2. Exclusion: Open space areas shall not include storage areas, utility trash service areas, rear access area, parking areas or structures of any type, except as specifically provided for herein. Vacated rights -of -way shall be excluded from open space calculations as well. " Mr. Marqusee requests that Community Develop ment Director determine that the exclusion of vacated land in calculations relating to Lot Area is limited under the Code to the calculation of allowed floor area, allowed density and required open space. E • Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 April 10, 2002 Mr. James Lindt Planning Technician Community Development Department City of Aspen 130 South Galena Aspen, Colorado 81611 Dear James: I am forwarding one copy of the attached revisions to the Lot Line Adjustment Application for H & C Marqusee, Inc., Charles Marqusee and Julie Anthony to include a rezoning request. Since so much time has passed since we last discussed this issue, could you review this copy of the application to see if you have new comments that we need to discuss before I print the additional copies? I continue to be concerned about the Community Development Department's interpretation excluding vacated areas from calculations other than floor area, density and open space. If the rezoning request should be denied, the interpretation would result in some limitations under the current code and I'm concerned that more restrictive language might be added back in in the future. I don't believe the Code language really provides for such a broad exclusion. Is it the department's position that I formally requested an interpretation on that issue before (and would therefore be prevented from filing an appeal to Council now because of the time requirement)? Could I file a formal request for an interpretation now, so that I could then appeal the interpretation to City Council (since we are appearing before them anyway)? The appeal would only need to be considered if the rezoning request is denied. I also want to respond to the points raised in the earlier memos as well as Ben Ludlow's memo resulting from your review of the original application which addressed only the issues related to the Lot line Adjustment. My responses are on the following page. 0 a Exhibit Al. H & C Marqusee, Inc., Trustee c/o Garfield & Hecht, P. C. 601 East Hvman Avenue Aspen, Colorado 81611 Qctober 22, 2001 Ms. Julie Arai Woods Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms. Woods: I am writing to confirm that H & C Margusee, Inc., a Colorado corporation, Trustee, is the record owner of Outlot B, Aspen Meadows S.P.A./ Subdivision. I have requested that Joseph- Wells Land Planning, Inc. file on behalf of the corporation a Lot Line Adjustment Application to rezone 4rit1otBfra*nAcademic to-R-15and, to - merge the westerly portion. of Outlot B, Aspen Meadows S.P.A./Subdivision with the lots in Block 1, City and Townsite of Aspen which are owned by Charles B. NIarqusee and to merge the easterly portion of Outlot $, Aspen Meadows S.P.A. / Subdivision with the lots in Block 7, City and Townsite of Aspen owned by Julie Anthony. The final configuration of the two lots is illustrated on the draft Plat submitted with the Lot Line Adjustment application, During the processing of this application, Joe Wells will represent H & C Marqusee, Inc. Please contact Joe at 925-8080 if you have any questions or need additional information. Sincerely yours, Charles B. Margusee, President H & C Mar-qusee, Inc., a Co-loradv corporation, Trustee Exhibit A2. Charles B, Marqusee Post Office Drawer X Boca Raton, Florida 33429 November 20, 1999 Ms. Julie Ann Woods Director of Community Devo[opment, City of Aspect 130 S. Galena Street Aspen, CO 81611 Dear Ms. Woods; I am writing to confirm that I am the record owner of fractional Lots G and H, Block 1, City and Townsite of Aspen together with vacated portions of Eighth Street and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page 18. My letter is to consent to the filing by Joseph Wells Land Planning, Inc. of a Lot Line Adjustment Application tQ merge the westerly portion of OUt1Qt B,_ Aspen Meadows S.P.A./Subdivision with the lots in Block 1 which I own. The final configuration of the two lots is illustrated on the draft Plat submitted with the Lot Line Adjustment application. During the processing of this application, Joe v; iL re -resent me. Please contact Joe at 925-SM 7f you have any questions or need additional information. Sincerely yours, Charles B. Marqusee Exhibit A3. JLiii: Kathleen Anthony 65a Meadows Road Aspen, Colorado `S1611 )ctob,2r 20, 190C) Ms. luiie Ann V,'"oods Director o ueveloyMent, C-1ty lit Aspen t 110 5.' Galena Street Aspen, CO 816'-. "l Dear Ms, Wo;ids• I .1111 wr.itint� to confirm that I am the record owner of fractional lots A through F, Block 7, " it% and To�vn,ite of Aspen to, -ether with vacated portioi:s of Eighth Street and Nortr StrL-ct as indicated o� � the Vacation Plat recorded in I'lat .Book 43 at Page Its. My ketter is to c.)nsent to the filing by }oseph Wells Land Planning, Inc. of a Lot Line Adjcstincnt Application to rnv'rge the easte'riy portion of Outlet B, Aspvn i\-lec d:m s S.P.A.,' Subdivision with the lets in Block 7 which I own. The finai configuration of thy: tivo lots is illustrated on the draft Plat sLlbmitted with the Lot Lint' Adjustment application. Dunn`; the processing of this application, 1 will represent myself. Please Contact me at 925-6091 if you have any questions or need additional information. SincervI v vours, Julie Kathleen Anthony • • Exhibit Al. H & C Marqusee, Inc., Trustee C/o Garfield & Hecht, P. C. 601 East Hyman Avenue Aspen, Colorado 81611 October 22, 2001 Ms. Julie .Prom. Woods Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms. Woods: I am writing to confirm that H & C Margusee,. Inc., a Colorado corporation, Trustee, is the record owner of Outlot B, Aspen Meadows S.P.A./Subdivision. I have requested that Joseph Wells Land Planning, Inc. file on behalf of the corporation a Lot Line Adjustment Application to rezone Outlot B from Academic toR-15 and to merge the westerly portion of Outlot B, Aspen Meadows S.P.A./Subdivision with the lots in Block 1, City and Townsite of Aspen which are owned by Charles B. ivMarqusee and to merge the easterly portion of Outlot B, Aspen Meadows S.P.A./Subdivision with the lots in Block 7, City and Townsite of Aspen owned by Julie Anthony. The final configuration of the two lots is illustrated on the draft Plat submitted with the Lot Lime Adjustment application, During. the processing of this application, Joe Wells will represent H & C Marqusee, Inc. Please contact Joe at 425-8080 if you have any questions or need additional information. Sincerely yours, QiV'-moo /�(/�.�-r-� esi t V Charles B Marqusee , Pr den H & C Marqusee, Inc., a Colorado corporation, Trustee Exhibit A2. • Charles B. Marqusee pest Office Drawer X Boca Raton, Florida 33429 November 20, 1999 Ms. Julie Ann Woods Director of Community Development, City of Aspect 130 S. Galena Street Aspen, CO 81611 Dear NL. Woods; I am writing to confirm that I am the record owner of fractional Lots G and H, Block 1, City and Townsite of Aspen together with vacated portions of Eighth Street and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page 18. My letter is to consent to the filing by Joseph Wells sand Planning, Inc. of a Lot Line .adjustment Appticati.QrL to merge the westerly pQrtiQn of OutlotB, Aspect Meadows S.P.A./Subdivision with the lots in Block 1 which.I own. The final configuration of the two lots is illustrated on the draft Plat submitted with the Lot Line Adjustment application. During the processing of this application, Joe Wells will represent me. Please contact Joe at 925-SQS@ if you have any questions or need additional information. Sincerely yours, Charles B. Marqusee WART TITLE OF ASPF,N, INC. OWNWHIP AND ENCUMBRANCE REPORT � Exhibit B3. Order No.: 00029194 PREPARED FOR: 99999oo STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this ofice that title to: See Attached Legal Description situated in the County of Pitkin, State of Colorado, appears to be vested in the name of: JULIE KATHLEEN ANTHONY and that the above described property appears to be subject to the following liens: 1. A Deed of Trust dated July 31, 1998, executed by Julie Kathleen Anthony, to the Public Trustee of Pitkin County, to secure an indebtedness of $800,000.00, in favor of Norwest Mortgage, Inc., recorded July 31, 1998 as Reception No. 420148. EXCEPT any and all taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of record. This report does not reflect any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. (2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years. Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. Dated: March 22, 2002 at 7:30 A.M. , at Aspen, Colorado STEWART TITLE 01',1,SPEN, INC. By:' Tv Authorized Signature • SCHEDULE A • Order Number: 00029194 LEGAL DESCRIPTION Fractional Lots A, B, C, D, E and F, Block 7, CITY AND TOWNSITE OF ASPEN, TOGETHER WITH and adjacent Northerly portion of vacated North Street and Easterly portion of vacated Eight Street, City and Townsite of Aspen, which is marked the Charles Marqusee Individually Parcel on the Marqusee Vacation Plat recorded July 9, 1997 in Plat Book 43 at Page 18 as Reception No. 406177. EXCLUDING THEREFROM all property within Outlot B Aspen Meadows Specially Planned/Area Subdivision according to the Aspen Meadows Final S.P.A. Development Plan and Final Plat recorded January 24, 1992 in Plat Book 28 at Page 5 as Reception No. 340938. COUNTY OF PITRIN, STATE OF COLORADO. Exhibit A3. Julie Kathleen Anthony 655 Meadows Road Aspen, Colorado 81611 October 20, 1999 Ms. Julie Ann Woods Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 816"_1 Dear Ms. Woods: I am writing to confirm that I am the record owner of fractional lots A through. F, Block 7, City and Tmvnsite of Aspen together with vacated portions of Eighth Street and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page 18. My letter is to consent to the tiling by Joseph Wells Land Planiung, Inc. of a Lot Line Adjustment Application to merge the easterly portion of Outlot B, Aspen Mead.)ivs S.P.A.,'Subdivision with the lots in Block 7 which I own. The final configuration of the two lots is illustrated on the draft Plat submitted with the Lot Line Adjustment application. During the processing of this application, I will represent myself. Please contact me at 925-6091 if you have any questions or need additional information. Sincerel v yours, .Julie Kathleen Anthony 9 Exhibit C. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY* PLANNER: James Lindt, 920-5104 DATE: 8/8/01 PROJECT: Marqusee Rezoning & Lot Line Adjustment Preapp #2 REPRESENTATIVE: Joe Wells,925-8080 OWNER: H&C Marqusee TYPE OF APPLICATION: Rezoning- Two Step to P & Z, and City Council. Administrative review for Subdivision Exemption for a lot line adjustment. DESCRIPTION: The`Marqusee's want to give a narrow strip of land dedicated as open space in the Aspen Meadows subdivision to two contiguous lots. The lot line adjustment will remain deed restricted open space, and will not contain development rights or increase the two lots' allowed floor area. The applicant needs to rezone outlot B to R-15 because the Academic Zone District does not allow for detached residential dwellings as a permitted use, thus creating a non- conformity if not rezoned. Land Use Code Section(s): Section 26.310.020 Amendment to Official Zone District Map Section 26.480.030(A)(1), Subdivision Exemptions -- Lot Line Adjustment; Section 26.480.060, Final Subdivision Plat; and, Chapter 26.304, Common Development Review Procedures. Review by: Rezoning- Staff for Completeness, DRC for technical information, Planning and Zoning Commission- Public Hearing for recommendation to Council, City Council- Public Hearing for decision. Lot Line Adjustment - Staff for Completeness, DRC for technical information, Community Development Director for approval after rezoning has been approved. Public Hearing: Yes- P & Z, City Council for Rezoning. Referral Agencies: Engineering. Planning Fees: Planning Deposit- Will utilize deposit from case A022-00 and bill at 205/hour after 2.5 hours of time have been used. Referral Fees: Engineering Referral Fee already paid under case A022-00 Total Deposit: To be billed after exceed deposit paid for case A022-00. To apply, submit the following information: 1. Proof of ownership (for both properties) 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. An 8 ''/z" by I I" vicinity map locating the parcel within the City of Aspen. • • 7. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 8. Draft Plat including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specifics are needed. 9205080. 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the application. 10. Specific Submission Contents for Rezoning pursuant to Section 26.310.030. 11. Copies of all prior approvals relevant to the site(s) of the proposal. 12. 19 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2 *Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit D. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees 1-'7Y OF ASPEN (hereinafter CTTY) and all le-d (hereinafter APPLICANT) AGREE AS FOLLOWS: 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed ,project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY flusher agree that it is in the interest of tho parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certminty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY sraff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision- S. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior t a determination of application completeness, APPLICANT shall pay an initial doposli in. the amount of S�� which is for _ hours of Cotnmuaity Development staff time, and If actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT f,::thc: Fgrccs that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with cast processing have been paid. CITY OF ASPEN APPLICANT� CC���il177!! 0 of -e_e_ B),: By; N/D Julie Ann Woods Community Development Director Date: 2 3 DO Mailing ddres : 74 g:`support\formslagrpnyas.doe 3i i 1199 0 Exhibit C. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY* PLANNER: James Lindt, 920-5104 DATE: 8/8/01 PROJECT: Marqusee Rezoning & Lot Line Adjustment Preapp #2 REPRESENTATIVE: Joe Wells,925-8080 OWNER: H&C Marqusee TYPE OF APPLICATION: Rezoning- Two Step to P & Z, and City Council. Administrative review for Subdivision Exemption for a lot line adjustment. DESCRIPTION: The Marqusee's want to give a narrow strip of land dedicated as open space in the Aspen Meadows subdivision to two contiguous lots. The lot line adjustment will remain deed restricted open space, and will not contain development rights or increase the two lots' allowed floor area. The applicant needs to rezone outlot B to R-15 because the Academic Zone District does not allow for detached residential dwellings as a permitted use, thus creating a non- conformity if not rezoned. Land Use Code Section(s): Section 26.310.020 Amendment to Official Zone District Map Section 26.480.030(A)(1), Subdivision Exemptions -- Lot Line Adjustment; Section 26.480.060, Final Subdivision Plat; and, Chapter 26.304, Common Development Review Procedures. Review by: Rezoning- Staff for Completeness, DRC for technical information, Planning and Zoning Commission- Public Hearing for recommendation to Council, City Council- Public Hearing for decision. Lot Line Adjustment - Staff for Completeness, DRC for technical information, Community Development Director for approval after rezoning has been approved. Public Hearing: Yes- P & Z, City Council for Rezoning. Referral Agencies: Engineering. Planning Fees: Planning Deposit- Will utilize deposit from case A022-00 and bill at 205/hour after 2.5 hours of time have been used. Referral Fees: Engineering Referral Fee already paid under case A022-00 Total Deposit: To be billed after exceed deposit paid for case A022-00. To apply, submit the following information: 1. Proof of ownership (for both properties) 2. Signed fee agreement Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. An 8 '/2" by I I" vicinity map locating the parcel within the City of Aspen. 0 7. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 8. Draft Plat including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specifics are needed. 9205080. 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the application. 10. Specific Submission Contents for Rezoning pursuant to Section 26.310.030. 11. Copies of all prior approvals relevant to the site(s) of the proposal. 12. 19 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies=-1/ea.; Planning Staff = 2 *Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Exhibit D. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment to�off City of Aspen JDevelopment Application Fees �_ 1"IY OF ASPEN (hereinafter CTTY) and e.L Ad l /- 'r -Z,—-- (hereinafter APPLICANT) AGREE AS FOLLOWS: (hereinafter, THE 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possiblo at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thaseafter permir additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its N11 costs to process APPLICANT'S application. 4. CITY and APPLICANT fti Cher agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision_ i. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior t a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of S%vhich is for _ hours of Commuaity Development staff titric; and if actual_ recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, includin; post approval revie,,. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrccs that failure to pay such accrued coete shall be gounds for suspension of processing, and in no case will building permits be .slued until all costs associated with cast processing have been paid. CITY OF ASPEN By: � _ - C� J e Ann Woods ommanity Development Director g;\support\forms'�9grpayo5.d0c 3:11 /99 APPLICANT � AJvr Date: Mailing. ddre ��✓ / � U I MEMORANDUM To: Joe Wells From: James Lindt, Planning Technician v Date: April 3, 2000 "10 Re: Anthony/ Marqusee Lot Line Adjustment Plat Changes 1. Required Engineering Department changes to Plat. Comments are attached. 2. Get rid of signature block for City Council and Planning and Zoning Commission. 3. Take Alley Block 8, and 81h Street off of the Plat and bring plat note 3 together so that it is not all broken up. 4. Plat note 3 should be amended to read as follows: "The City of Aspen vacated those portions of North and Eighth Streets included within lot one and lot two, Anthony/Marqusee Lot Line Adjustment pursuant to Ordinance No. 11, Series of 1993, and Ordinance No. 14, Series of 1997. Vacated Rights- of — Way may presently for the sighting of structures (Subject to the setback provisions of Section 26.710 of the Aspen Land -Use Code) But may not presently be included in lot area, nor floor area calculations under the provisions of Section 26.575.020 of said code, provided, however, that such provisions may be amended in the future. The vacated portions of North and Eighth Streets shall not be subject to the restrictions and requirements of the Aspen Meadows S.P.A./ Subdivision. ORDINANCE NO. 14 (Series of 1997) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VACATING A PORTION OF THE NORTH STREET RIGHT-OF-WAY AND A PORTION OF THE EIGHTH STREET RIGHT-OF-WAY WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, AND RESERVING AN EASEMENT FOR UTILITIES. WHEREAS, a petition to vacate certain rights -of -way or portions thereof has been filed by record owners of all lands which abut the streets or portions thereof petitioned to be vacated; and WHEREAS, the rights -of -way or portions thereof petitioned to be vacated are located entirely within the corporate limits of the City of Aspen; and WHEREAS, the vacation petition has been reviewed by the City Engineer and a determination made that the petition complies in all respects with the City's Public Rights -of -way Vacation Policies and the land petitioned to be vacated is eligible for vacation pursuant to said policies; and WHEREAS, the proposed vacation will not leave any land adjoining the same without a means of access over an established public right-of-way connecting such lands to an established public street; and WHEREAS, the petitioners have satisfied or performed all conditions and requirements imposed by the City Engineer in connection with the requested vacation; and WHEREAS, the City Council has determined that the public use, convenience and necessity will no longer require the hereinafter described public rights -of -way or portions thereof. 1111111111111111111111111111111111111111111111111111111111 IN 406076 07/08/1997 10:09A ORDINANC DAVIS SILVI 1 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO 1 • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the portions of the North Street right-of-way and the Eighth Street right- of-way, City of Aspen, Pitkin County, Colorado, depicted on that map entitled "Map of Area To Be Vacated", and annexed hereto and made a part hereof as Exhibit "A", shall be, and the same hereby is vacated, subject to the reservations set forth below. Section 2. That the vacation shall be subject to the petitioners' executing a Utility Easement Agreement in substantially the form annexed hereto as Exhibit "B" and a Snow Storage Easement Agreement in substantially the form annexed hereto as Exhibit "C". Section 3. That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2-302, C.R.S. Section 4. That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder. Section 5. That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to make all corrections necessary to the Official Map of the City of Aspen. Section 6. 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. 111111111111111111111111111111111111111111111111111111111111 406076 07/08/1997 10:09A ORDINANC DAVIS SILVI 2 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO Section 7. 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. A public hearing on the ordinance shall be held on the J-7 day of 1997, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.or INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the& day o+1997. John S. Bennett, Mayor F Ka,di I och; City Clerk FINALLY,,adopted, passed and approved this day of 1997. John S. Bennett, Mayor Kathryn S. '�h City Clerk i �40 CAL . ;� ``\� I I'llll'llll'll'll IIIII IIIII'IIII' II"I III I'I'I IIII II'I o i 6 07/08/1997 10:09A ORDINANC DAVIS SILVI 3 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO 3 YS dab R8 O @b i � � � cf iee. 1L ,•, \bi r 133N1S HIN9A35 H 1 H 013 W R a W K Q O Q i 1 i Ili 11111111111111110 11111111111111111111111 IN 0 406 406076 07/08/1997 10:09A ORDINANC DAVIS SIL VI 5 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO EXHIBIT "B" UTILITY EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made and entered into thiszJday of 1997, by and between Charles B. Marqusee and Helga Marqusee, Charles B. Marqusee individually and H & C Marqusee, Inc., a Colorado corporation, as Grantors, to the City of Aspen, a municipal corporation, as Grantee. WHEREAS, Grantors are the owners of certain real property (the "Property") situated in the City of Aspen, Pitkin County, Colorado, abutting North Street between Old Meadows Road and that portion of North Street lying between Block 7 and Block 8 which was previously vacated as well as Eighth Street between Old Meadows Road and Outlot B, Aspen Meadows Specially Planned Area according to the Plat recorded in Plat Book 28 at Page 6, et seq, in the records of the Pitkin County Clerk and Recorder; and WHEREAS, the City Council of the City of Aspen, Colorado, by its adoption of Ordinance No. 14, Series of 1997, has vacated those portions of North Street and Eighth Street shown on the map entitled "Map of Area To Be Vacated" attached hereto and made a part hereof as Exhibit "A'; and WHEREAS, as a condition of the adoption of Ordinance No. 14, Series of 1997, the City Council of the City of Aspen requested that all of the Property Owners who shall receive the ownership and title to the land so vacated as provided in and by Section 43-2-302, C.R.S., grant to the City of Aspen the utility easement for the existing water line and for other utilities shown on the map entitled "Map of Utility Easement" attached hereto and made a part hereof as Exhibit "B" (the "Easement") upon the terms and conditions as hereinafter provided. NOW, THEREFORE, for and in consideration of the adoption of Ordinance No. 14, Series of 1997, vacating certain portions of North Street and Eighth Street, Grantors hereby grant and convey to Grantee subject to the terms and conditions hereinafter set forth and the rights herein specifically retained and reserved by Grantor, the right, privilege and easement to construct, install, maintain, operate, repair, remove, and replace the currently existing water main lines and any other future utility line deemed necessary by Grantee along and across the Easement Premises situated on the Property as described and depicted on Exhibit "A", attached hereto and by this reference incorporated herein. Further, Grantors grant to Grantee the right to access said utility lines over, under, across and along the Easement Premises as may reasonably be required for the purpose of exercising the rights, privileges and easement herein granted. Grantors specifically reserve the right to relocate the Easement elsewhere within the Property as shown on Exhibit A or to an alternative location acceptable to Grantee provided that Grantors relocate, at Grantors' sole expense, any and all utilities located within the Easement to the new easement location. In the event that the utilities are relocated by Grantors as provided herein, 1 IIIIII IIIII 111111111111 1111111111111111111111111 0 406076 07/08/1997 10: ORDINANC DAVIS SILVI 6 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO Grantee shall assume responsibility for the maintenance of the relocated utilities upon written acceptance by Grantee of said relocated utilities. The foregoing grant of easement and access shall be subject to the following terms and conditions: 1. The Easement Premises shall not exceed twenty-five (25) feet in width measured twelve (12) feet- six (6) inches on either side of the centerline of the currently existing water main lines or as subsequently relocated by Grantors, at Grantors' expense. 2. Grantee's utility lines and all associated facilities shall be constructed, installed, maintained and operated in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of Grantors' property or shrubs and other vegetation on the property. Grantee's utility lines, including all future lines, shall be installed to underground locations. Any damage to the Grantors' property or to the surface, trees, shrubs or other vegetation caused by Grantee's installation, maintenance, repair or removal of the water main line, future utility lines or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists as of the dare of this easement. 3. Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises except during such times as Grantee's employees or agents are physically present and conducting activities permitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use of the Easement Premises. 5. This Easement is not intended and shall not be construed to grant an easement or access across, over or under any property or premises other than the Easement Premises as described and depicted herein or as subsequently relocated by Grantors, at Grantors' expense. 6. Grantee shall notify Grantors in advance of those dates and times Grantee, its employees or agents, shall access the Easement Premises to undertake any excavations thereon. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 2 8. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assigns. 9. Any rights to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantors, their successors or assigns. IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as of the day and year first written above. 11111111111111111111111111111 406076 07/08/1997 10 7 of 17 R 86.00 D 0.00 N 1111111111111111111111111 ORDINANC DAVIS SILVI 0.00 PITKINCO COLORADO 3 111111111111111111 is 11111111111111111111111111111111 • 406076 07/08/1997 10:09A ORDINANC DAVIS SILVI 8 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO Charles B. Marqusee State of Colorado ) „�. ) ss. County `a f/,,;skin ) ,h The T strument was acknowledged before me this 23" day of 997, by Charles B. Marqusee. WITNESS MY HAND AND OFFICIAL SEAL. T commission expires: 3.01O_ aoc� 1 Notary Public�� .1.. �krav&A-.- State of Colorado ) ss. County of Pitkin ) .,.-The foregoing- ristrurLlent was acknowledged before me this 2-_ day of .1997, by I?elga i,Iarqusee. OtW' WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 3 • z0 - aOC) � Notary Public A 'f I I"III'IIII'�I"I II"I II'II III I' II'II III "II' I'II I"I 406076 07/08/1997 10:09A ORDINANC DAVIS SILVI 9 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO Charles B. Marqusee, sident H & C Marqusee, Inc. State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this ;A3�A -dday of 1997, by Charles B. Marqusee as President for H & C Marqusee, Inc. WITNESS MY HAND AND OFFICIAL. SEAL. My commission expires: 3' ZO • a ego l Notary Public 1111111 Hill HIM 1111111111 ����111111III IIIIII III IN 406076 07/08/1997 10:09 DINANC DAVIS SILVI 10 of 17 R 86.00 D 0.00 .00 PITKINCO COLORADO ll -L 1f.0.3 _1LfLJ'L�J�L g 3 � r kk 133a15 HIN3A-S H 1 H J 1.9 a 00 ET-1 DO E4jM El lid � I ���lL���� 0 Ku+y�r P I � I I I ' I 1 l-, ` � 1 � I I I `y R I , I I ------ I J >> I I I ----- 1 f • I I I (QZ ". •.'.. I i � wr `•' I I - - - - - - - - - - - - 4 0. W / .:. •. :' it I I � r_ / I':' � m j • ', �. � � �� j b j D I I � 1 i� •. '.... � I �J I J '� I I I o jl :`',•,tr�• t��/` ^-_a „�-----04-------------------ti� _) I 1 J' • Q ) •� ��� r 1 J 1 I I m I k14UA I I 1 I n 1 1 1 3 LuI I :4 01 W 1 I �a 1 I Win i 4L . ;:•a----- - Ipw p 1 sw �]'.... .. ,i Pile M i rV� W h us o �> Z Q Ile 0 �za .Q mom � C3 0 z Q rnm o \ �mm e-1 \ to \ W- r p �to r �. �A O xi\ 1 3 3 M 1 S H 1 N 3 A 3 S H 1 H J l 3 77 1' V ' 1111111111111111111MI! 11,111111111111111111111 iff 9 406076 07/08/1997 10:09A ORDINANC DAVIS SILVI 11 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO EXHIBIT "C" SNOW STORAGE EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made and entered into this o 3 —day of 11997, by and between Charles B. Marqusee and Helga Marqusee, Charles B. arqusee individually and H & C Marqusee, Inc., a Colorado corporation, as Grantors, to the City of Aspen, a municipal corporation, as Grantee. WHEREAS, Grantors are the owners of certain real property (the "Property") situated in the City of Aspen, Pitkin County, Colorado, abutting New Meadows Road, Old Meadows Road and Eighth Street; and WHEREAS, the City Council of the City of Aspen, Colorado, by its adoption of Ordinance No. 14, Series of 1997, has vacated those portions of North Street and Eighth Street shown on the map entitled "Map of Area To Be Vacated" attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, as an inducement to the City of Aspen to adopt Ordinance No. 14, Series of 1997, Grantors agreed to grant to the City of Aspen a snow storage easement over and across Outlot B, Aspen Meadows Specially Planned Area, over and across fractional Townsite Lots G, H and I, Block 7 and over and across a ten foot wide area along portions of the east side of the unvaca.ted Old Meadows Road and Eighth Street rights -of way, all as shown on the "Map of Snow Storage Easement" attached hereto and. made a part hereof as Exhibit "B" (the "Easement") upon the 'terms and. conditions as hereinafter provided. NOW, THEREFORE, for and in consideration of the adoption of Ordinance No. 14, Series of 1997, vacating certain portions of North Street and Eighth Street, Grantors hereby grant and convey to Grantee subject to the terms and conditions hereinafter set forth and the rights herein specifically retained and reserved by Grantors, the right, privilege and easement to store snow from the adjacent public streets as deemed necessary by Grantee along and across the Easement Premises situated on the Property as described and depicted on Exhibit "B", attached hereto and by this reference incorporated herein. The foregoing grant of easement and access shall be subject to the following terms and conditions: 1. It is expressly understood and agreed that the grant of easement as herein provided. and. Grantee's use of the Easement Premises shall be limited to the placement of snow (as well as incidental debris contained within such snow) within the Easement Premises. Such snow shall have been removed from areas within the adjacent Public streets by equipment operating within the public right -of way and outside of the Easement Premises. In order to minimize damafe to or destruction of Grantors' property or shrubs and other 406076 07/08/ 1997 10:09A ORDINANC DAVIS SILVI 12 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO vegetation on the Property, it is the intent of the Grantors that, in its exercise of the rights, privileges and easement herein granted, Grantee shall not operate snow removal equipment over, across and along the Easement Premises. 2. Grantee's snow storage activities shall be conducted in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of Grantors' property or shrubs and other vegetation on the property. Any damage to the Grantors' property within the easements or to the surface, trees, shrubs or other vegetation caused by Grantee's snow storage activities shall not be the responsibility of the Grantee, except that Grantee shall repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists as of the date of this easement. 3. With the sole exception of snow (as well as incidental debris contained within such snow) which has been removed from areas within the adjacent public streets, Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be si.i.perior to the Grantors' use of the Easement Premises, provided that Grantee shall, at all times, avoid storing snow within the vehicular accessways to Grantors' property as designated from time to time by Grantors. 5. Grantors agree to not plant any new trees within the Easement Premises. Grantors shall not, however, be prohibited from replacing any existing trees with the same or different species or from maintaining lawns and gardens within the Easement Premises. 6. In order to minimize damage to existing or replacement vegetation along the Old Meadows Road right-of-way, Grantee further agrees to use snow - blowing equipment (as opposed to snow -plowing equipment) to store snow within that portion of the Easement Premises located adjacent to the unvacated Old Meadows Road and Eighth Street rights -of -way. 7. It is expressly understood and agreed that the Easement shall not extend across any portion of Lot A, Block 8. 8. It is expressly understood and agreed that the Easement shall not be considered a "surface easement" and shall not be required to be deducted from lot area under the provisions of Sec. 26.04.100 of the Municipal Code. 9. This Easement is not intended and shall not be construed to grant an easement or access across, over or under any property or premises other than the Easement Premises as described and depicted herein. 2 I I'llll "III'lll'I II II'll IIIII' II"I III I'lll' I'I I"I 06076 07/08/1997 10:09A ORDINANC DAVIS SILVI 13 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO 10. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 11. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assigns. 12. Any rights to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantors, their successors or assigns. IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as of the day and year first written above. 3 111111111111 HIM IIINIII 111111111111111111111111111 • 406076 07/08/1997 10:09A ORDINANC DAVIS SILVI 14 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO ako-t& A - , '/ A LA'4&& Charles B. Marqusee State of Colorado ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this do'"-4day of 1997, by Charles B. Marqusee. �`` ~• �'�' WITNESS MY HAND AND OFFICIAL SEAL.. r .00 My commission expires: 3 RQ 0-CO S 0 ". ~• •a Notarv, Public ---- -- ---��_ . 111✓r ✓. I � ` a � � � State of Colorado ) ) ss. County of j'i±kin ) The foregoing instrument was acknowledged before me this o��`day of 1997, by Helga Marqusee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 3 o avv� hrt}l-v`� Notary Public 4 46 04 pt&-j A - v dv� Charles B. Marqusee, Pre 'dent H & C Marqusee, Inc. State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this = ' day of _ 1997, by Charles B. Marqusee as President for H & C Marqusee, Inc. Uh 0 G. . • o,4A*Ca WITVESS MY HAND AND OFFICIAL SEAL. My commission expires: 3•a-g •aoC> 1 Notary Public I 11111111111111111111111111111111111111111111111111111111 IN 406076 07/08/1997 10:09A ORDINANC DAVIS SILVI 15 of 17 R 86.00 D 0.00 N 0.00 PITKINCO COLORADO 5 FEc $265.�-.O 16 PG%26 iyi./93 161 #358415 Cnty Clerk, Doc $.(rC) 3DA�fh— Silviaavi ORDINANCE NO. 11 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CF Y OF ASPEN, CO CORADO , VACATING A PORTION OF NORTH STREET RIGHT-OF-WAY ASPEN, PITKIN COUNTY, COLORADO, AND RESERVING AN EASEMENT FOR UTILITIES. ight-of-ways or portions thereof has been filed WHEREAS, a petition to vacate certain r b record owners of all lands which abut the streets or portions thereof petitioned to be vacated; Y and ions thereof petitioned to be vacated are located WHEREAS, the right-of-ways or port entirely within the corporate limits of the City of Aspen; and been reviewed by the City Engineer and a WHEREAS, the vacation petition has de termination made that the petition complies in all respects with the City's Public Rights -of- wa s Vacation Policies and the land petitioned to be vacated is eligible for vacation pursuant to y said policies; and WHEREAS, the proposed vacation will not leave any land adjoining the same without a means of access over an established public right-of-way connecting such lands to an established public street; and d or performed all conditions and requirements WHEREAS, the petitioners have satisfie imposed by the City Engineer in connection with the requested vacation; and WHEREAS, the City Council has determined that the public use, convenience and necessity will no longer require the hereinafter described public right-of-ways or portions n y thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C Y OF ASPEN, COLORADO: i • • #k35E41.5 o /01 /93 16: 01 Rec $265. 00 P:: 716 PG 627 Silvia Davis, Pitk:in Cnty Clerk:, Doc: $.iA; Section 1. That the portion of the North Street right-of-way, City of Aspen, Pitkin County, Colorado, depicted on that map entitled "Map of Proposed Vacation", and annexed hereto and made a part hereof as Exhibit "A", shall be, and the same hereby is vacated subject to the reservations set forth below. Section 2. That the vacation shall be subject to the petitioners executing a Declaration of Restrictive Covenants Regarding Vacated Street in substantially the form attached hereto as Exhibit "B", and a Utility Easement Agreement in substantially the form annexed hereto as Exhibit "C". The vacation shall be further subject to the recordation of the above referenced Declaration of Restrictive Covenants Regarding Vacated Street and Utility Easement Agreement with the County Recorder's Office at the petitioners' expense. Section 3. That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2- 302. C.R.S. Section 4. That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder. Section 5. That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to make all corrections necessary to the Official Map of the City of Aspen. Section 6. 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 2 C�i_� Bk:: 71• 6�8 5 i1i /01/9*- 16:ir1 Rec $265. i�6 �t:3..,841 C1 er k: , Dec � .... Silvia Davis, F'itk:in Casty shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7. 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. A public hearing on the ordinance shall be held on the day of 1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City day of /c�� , 1993. Council of the City of Aspen on the . Y 4P ` AT° EST: 'KathtyiiAS• ^ , City Clerk 5-, 13 John S. Bennett, Mayor 3 #358415 07/ 93 16:01 Rec $265.00 BK PG 629 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 FINALLY adopted, passed and approved thi� day of 1993. Ka S vacmion'ord a4 r. /�'� John 9. Bennett, Mayor * I\r 10 U CL N � Im Ul O �1 o� C-a Qi U u 01 >- it -P C . C �1 "i U iL .�.iG CD> 0 w a V W m O W U- O CL -a W HAn 133211S .. L i 9 0 E-X(t+ i a 13 « • VI Ir DECLARATION OF RESTRICTIVE COVENANTS REGARDING VACATED STREET THIS DECLARATION OF RESTRICTIVE COVENANTS is made this .21 - �,v, day of April, 1993, by CHARLES B. MARQUSEE AND HELGA MARQUSEE, ROBERT W. PULLEN AND ANNE W. PULLEN, JOHN NORTON AND ROBIN �+ NORTON, I. MCA. CUNNINGHAM AND STIRLING AUCHINCLOSS COLGATE AND ROSEMARY WILLIAMSON COLGATE, Trustees of the S.A. and R.W. 0 Colgate Trust U/D/T, December 29, 1989 (the "Property Owners"). v RECITALS m WHEREAS, the Property Owners are all of the owners of the U lots abutting North Street between 7th Street and 8th Street; and U Ul � 'C r- WHEREAS, the City Council of the City of Aspen, Colorado, by U its adoption of Ordinance No. 11 (Series of 1993) has vacated that portion of North Street shown on the map entitled "Map of s Proposed Vacation" attached hereto and made a part hereof as +' Exhibit "A"; and U u. WHEREAS, as a condition of the adoption of Ordinance No. 11, N the City Council of the City of Aspen requested that all of the > Property Owners who shall receive the ownership and title to the rri land so vacated as provided in and by Section 43-2-302, C.R.S., restrict the vacated property (the "Restricted Property") against the construction or placement of structures, as hereinafter defined, on the vacated area. u3 NOW, THEREFORE, for and in consideration of the foregoing, the Property Owners do hereby declare, covenant and restrict the Restricted Property, as follows: 1. Declaration of Restrictions. No structure shall be constructed, installed or otherwise placed on the Restricted Property. The term "structure" shall include a moveable building which can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or permanently, roads, walkways, paths, fences, swimming pools, tennis courts, signs, sheds, and other accessory construction. "Structures" do not include fences or walls used as fences less than four (4) feet in height, underground lines, cables or other transmission or distribution facilities of public utilities. 2. Enforcement. The Property Owners hereby declare that any conveyance of the Restrictive Property shall be subject to the declaration and covenants set forth herein, and any and all future owners of the Restricted Property shall be bound hereby, and shall forever faithfully observe and perform the conditions, restrictions and obligations herein. If any of the Property Owners or any person or entity claiming under them, shall at any time violate or attempt to violate, or shall omit to perform or #. 35,8415, F;ec BF: 716 PG 632 Silvia Davi 'itk:in Cn-ty Clerk:, Doc $.( observe any one of the foregoing restrictions, then the other Property Owners benefited by these restrictions, or the City of Aspen, shall be and is hereby entitled to institute and prosecute appropriate proceedings at law or an equity for the wrong done or attempted. Such rights and remedies shall expressly include, but not be limited to, the right to bring an action for the forced removal of any structure violating the provision of this Declaration and obtain injunctive relief against the continued violation of any of the restrictions contained herein, or both. The failure to enforce any provisions of this Declaration at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of this Declaration. 3. Attorney's Fees. In the event the interpretation or enforcement of any of the terms, provisions, rights or obligations contained in this Declaration become the subject of litigation between the parties hereto, the prevailing party shall be entitled to recover its reasonable costs and attorney's fees incurred in connection with such litigation as a part of the judgment entered therein. 4. Duration. The Declaration of Restrictive Covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the Restricted Property or any part thereof, and their representatives, successors and assigns, in perpetuity. 5. Counterparts. This Declaration may be executed in one instrument, signed by all parties, or in counterparts, in which case all such counterparts together shall constitute one and the same instrument and Declaration, binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. IN WITNESS WHEREOF, the Property Owners have executed this Declaration of Restrictive Covenants as of the day and year first written above. 0AC[,,& 6 - Charles B. Marqusee Robert W. Pullen t—u Q,,. ` Y Y \ c� Helga0Karqus �7 OWNERS: Lots A & B, Block 8; all fractional Townsite Lots located in Block 7 2 Anne W. Pullen OWNERS: Lots C & D, Block 8 #3 )841 � ; 7 /t-;1 /9i 3 16: 01 Rec $265. (_)t t:: 716 PG 633 Silvi_ avis, Pitk:in Cnty Clerk:, : $.(-)(,) observe any one of the foregoing restrictions, then the other Property Owners benefited by these restrictions, or the City of Aspen, shall be and is hereby entitled to institute and prosecute appropriate proceedings at law or an equity for the wrong done or attempted. Such rights and remedies shall expressly include, but not be limited to, the right to bring an action for the forced removal of any structure violating the provision of this Declaration and obtain injunctive relief against the continued violation of any of the restrictions contained herein, or both. The failure to enforce any provisions of this Declaration at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of this Declaration. 3. Attorney's Fees. In the event the interpretation or enforcement of any of the terms, provisions, rights or obligations contained in this Declaration become the subject of litigation between the parties hereto, the prevailing party shall be entitled to recover its reasonable costs and attorney's fees incurred in connection with such litigation as a part of the judgment entered therein. 4. Duration. The Declaration of Restrictive Covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the Restricted Property or any part thereof, and their representatives, successors and assigns, in perpetuity. 5. Counterparts. This Declaration may be executed in one instrument, signed by all parties, or in counterparts, in which case all such counterparts together shall constitute one and the same instrument and Declaration, binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. IN WITNESS WHEREOF, the Property Owners have executed this Declaration of Restrictive Covenants as of e day and ear first written above. Charles B. Marqusee Helga Marqusee OWNERS: Lots A & B, Block 8; all fractional Townsite Lots located in Block 7 2 W. Pullen Anne W. Pullen OWNERS: Lots C & D, Block 8 #35: 6415 Silvia. 0 7 /0/ 93 16 a �_� 1 Rec Davis, Pitkin Cnty $2b3 . c �� i Bs ::: Clerk, Doc: ItPG634 Robin Norton OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ss. COUNTY OF ) . McA. Cunningham OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notary Public 3 #k:358415 0/(-)1./9.-3 16:01 Rec $'265- 0 !k. 716 PG635 Silvi.a Davis, F=i.tk:in Cnty CierE::, D«i;c.. John Norton I. McA. Cunningham Robin Norton OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA OWNER*: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notary Public 3 #358 1 �_ 1 IS'.-3 16: (--)1 Rec $2 65. 0 ) 1 f: 16 Fr 636 Si.l.via Da y, pitl<irl Casty Clerk, DocK. John Norton Robin Norton OWNERS: Lots E & F, Block 8 ���tirling Auchincl ss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ss. COUNTY OF ) I. McA. Cunningham OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 i�I �?ev1oN Rosemarjr Williamson C lgate,7T-_i� as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notary Public 9 commission expires: PAUL A. COHEN Notary Public - State of Florida My Comm. Expires Nov 18,1994 Commission # CC 064475 STATE OF ) ss. COUNTY OF ) #35841 c • r /01/93 16: ci f Rec_ 3,?�,c `�9.7.v.1'a U::ivi�s,q F.itk:in Cr-1 i_ ��. �"�'��-� �'f` oc$716 637 �' 1 n r- P.- John Norton Robin Norton OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B. LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ss. . � COUNTY OF ., 4 I. McA. Cunningham OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. Notary Public This instrument was acknowledged before me this day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notary Public 3 # 5841. 5W / (-)1 i 93 1. 6 : (--)1 Rec $2`65. 00 a 716 PG 638 GAilvj.a Davis, Pitk:ir-, Cnty Clerk, Doc: John Norton Robin Norton OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ss. COUNTY OF ) I. McA. Cunningham OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this April, 1993, by Charles B. Marqusee and Helga Marquse_e. Witness my hand and official seal. My commission expires: Notary Public STATE OF `T E Y 4 S ) ) ss. COUNTY OF 1414A, p- i S ) day of This instrument was acknowledged before me this -m- day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notar Public GAYLA F EVANS �• �% = Notary Public, Slate of Texas 3 •= =��•, r, My Commission Expiros fill" � APRIL 23, 1997 -01-Z�, #358415 07 /063 lb: c-;1 Rec $2'65. 00 BF: 7 W G 639 Silvia Davis, Pitk:in Cnty Clark., Do(-.- STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) 5'E' This instrument was acknowledged before me this 7 / --day of April, 1993, by John Norton and Robin Norton. Witness my hand and official seal. My, commission expires: /D/z No y Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this day of PDril, 1993, by I. McA. Cunningham. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989. Witness my hand and official seal. My commission expires: Notary Public 11410. 4 #"35841 1 (*:)1 /93 16: (-)1 Rec E+*16 PG 659 Silvia Davis, Pitk:in Cnty Clerl<:, Doc:. - John Norton I. McA. Cunningham Robin Norton OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ss. COUNTY OF ) OWNER#: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notary Public 3 #337Ln'41 ', /() I /93 16: 01 Fie Silvia Davis, PitN::in (: i?-,�' ` �,6�.c70 fife. 716 PG 660 f 1 E i �. , Doc John Norton Robin Norton OWNERS: Lots E & F, Block 8 ,pP F, � tirling Auchincl ss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ss. COUNTY OF ) I. McA. Cunningham OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemar Williamson C lgate,� as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) day of This instrument was acknowledged before me this day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notary Public 0 • • I1F?1: 841." 1. . (-)'i Rer $226`5. 00 91:: 716 PG 661 Silvia Davis, Pitk:in trr.ty I.:.'ler•l-::, Doc_. John Norton Robin Norton OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ) ss. COUNTY OF ,�,., -4 I. McA. Cunningham OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this / Z-D-day of April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. commission expires: PAUL A. COHEN Notary Public - state of Florida My Comm. Expires Nov 18,1994 Commission / CC 064475 STATE OF ) ss. COUNTY OF ) Notary Public This instrument was acknowledged before me this April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notary Public �3 day of ? 16 F� i�� 662 :kk��,8415 t�"'iia1i9:3 1fa.i:!1 Rec�b.�. p,-,c� i].vi i='iti `�n (;r�tY cl-er,l , Doc::. John Norton Robin Norton OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ss. COUNTY OF ) I. McA. Cunningham OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. My commission expires: Notary Public STATE OF TEXgS ) ss. COUNTY OF 11144- R-01 ) This instrument was acknowledged before me this -OtA day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: NotaryUPublic �''► � GAYLA F. EVANS ��� � Notary Public, Slate of Texas 3 My Commission Expires APRIL 23, 1997 #35e41 5 +: i i /093 :l f.: (:)1 Rec $?65. t is i Fif::: PG 663 Silvia Davie., PitE;:iri Crity C1ei^I::, Doc: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) 5 '- This instrument was acknowledged before me this day of April, 1993, by John Norton and Robin Norton. c'i�itness my hand and official seal. •n commission expires: /O/Z o u C" `, Not&ry Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this day of A,nril, 1993, by I. McA. Cunningham. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989. Witness my hand and official seal. My commission expires: Notary Public 11410. 4 r Ut 1 Bk:: 716 p 64 #3`.58415 i_) 7 / C71 /`a•- �'' c� r�.ityC C;�'J0-.1-:�' Doc Silvicx ravi�sl PitE:in STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this April, 1993, by John Norton and Robin Norton. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) day of This instrument was acknowledged before me this 5 day—o,,., April, 1993, by I. McA. Cunningham. ,�oIoj,� o .• Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989. Witness my hand and official seal. My commission expires: Notary Public 11410. 4 #:35841.5 C i i ? 16: 01 Rec $2265. 0 r BK: ? 16 665 Silvis. Davies, r'7.tE.i n Crity C l er-l.:: , Doc. c: STATE OF COLORADO ) ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this day of April, 1993, by John Norton and Robin Norton. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this day of cl 1.993, by I. McA . Cunn ineYham . Witness my hand and official seal. My commission expires: Notary Public STATE OF & ss. COUNTY OF �&,4M05) This instrument was acknowledged before me this CW day of April, 1993 by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989. Witness my hand and official seal.,, sc My commission expires: � �Sj�/ — /^ otary Public 11410. 4 I 5�9 Xalwls HIM," r U �o / V j 0 sir F•o� J o 0 0 I 0 a o Q LU m LU V Q ' Y O I g Q 1 a 0 L ,0 l - u U /N 4 X c c +-+ U / / • C / u iJ —� l Vj [n I� E 8 c is • y u 0 • = c, t"i-' l 9 x 16 : C)1 Re $2 a> . i;ic_i B 716 F'C 667 Silvia Davis, Pitkin Cnty Clerk, Doc - UTILITY EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made and entered into this Z / day of }�� (' ; ( 19 ?-3 , by and between Charles B. Marquesee and Helga Marquesee, Robert W. Pullen and Anne W. Pullen, John Norton and Robin Norton, I. McA. Cunningham and Sterling Auchincloss Colgate and Rosemary Williamson Colgate, Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989, as Grantors, to the City of Aspen, a municipal corporation, as Grantee. WHEREAS, Grantors are the owners of certain real property (the "Property") situated in the City of Aspen, Pitkin County, Colorado, abutting North Street between 7th Street and 8th Street; and WHEREAS, the City Council of the City of Aspen, Colorado, by its adoption of Ordinance No. 11, Series of 1993, has vacated that portion of North Street shown on the map "Map of Proposed Vacation" attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, as a condition of the adoption of Ordinance No. 11, Series of 1993, the City Council of the City of Aspen requested that all of the Property Owners who shall receive the ownership and title to the land so vacated as provided in and by Section 43-2-302, C.R.S., grant to the City of Aspen a utility easement for the existing water line shown on the "Map of Proposed Vacation" and other utilities upon the terms and conditions as hereinafter provided. NOW, THEREFORE, for and in consideration of the adoption of Ordinance No. 11, vacating certain portions of North Street, Grantors hereby grant and convey to Grantee subject to the terms and conditions hereinafter set forth and the rights herein specifically retained and reserved by Grantor, the right, privilege and easement to construct, install, maintain, operate, repair, remove, and replace a currently existing water main line and any other future utility line deemed necessary by Grantee along and across the Easement Premises situated on the property as described and depicted on Exhibit "A", attached hereto and by this reference incorporated herein. Further, Grantors do grant to Grantee the right to access said utility lines over, under, across and along the Easement Premises as may reasonably be required for the purpose of exercising the rights, privileges and easement herein granted. The foregoing grant of easement and access shall be subject to the following terms and conditions: 1. The Easement Premises shall not exceed twenty (20) feet in width measured ten (10) feet on either side of the center line of the currently existing water main line. 2. Grantee's utility lines and all associated facilities shall be constructed, installed, maintained and operated in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of Grantors' property or shrubs and other vegetation on the property. Grantee's utility lines, including all future lines, shall be installed to underground locations. Any damage to the Grantors' property or to the surface, trees, shrubs or other vegetation caused by Grantee's installation, maintenance, repair or removal of the water main line, future utility lines, l 6 :() :L Fick $?'6 5 . c_l r t L:" 716 PG 668 Silvia Davis, Pitk.in Cnty Clerl::, Do(--- � or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists as of the date of this easement. 3. Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises except during such times as Grantee's employees or agents are physically present and conducting activities permitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use of the Property. 5. This Easement is not intended and shall not be construed to grant an easement or access across, over or under any property or premises other than the Easement Premises as described and depicted herein. 6. Grantee shall notify Grantors in advance of those dates and times Grantee, its employees or agents, shall acceess the Easement Premises to undertake any excavations thereon. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 8. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed Hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assigns. 9. Any rights to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantors, its successors or assigns. IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as of the day and year first written above. 0A 94 0 ' Charles B. Marquesee ■_- �N� 1 Helga :.- Robert W. Pullen Anne W. Pullen 2 • • ##355415 0 /01 /9 3 16.01 Rec $2265, 00 Etf:' 716 PG 669 Silvia Davis, F'itlr::in Cnty Clerk, Doc or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists as of the date of this easement. 3. Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises except during such times as Grantee's employees or agents are physically present and conducting activities permitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use of the Property. 5. This Easement is not intended and shall.not be construed to grant an easement or access across, over or under any property or premises other than the Easement Premises as described and depicted herein. 6. Grantee shall notify Grantors in advance of those dates and times Grantee, its employees or agents, shall acceess the Easement Premises to undertake any excavations thereon. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 8. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assigns. 9. Any rights to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantors, its successors or assigns. IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as of the day and year first written above. Charles B. Marquesee Robert W. Pullen Helga Marquesee zt t� -p%. Anne W. Pullen 2 • • _ �.. F,,F 26 5i �c"� FBI :: 716 PG 670 8i].via Davis, PitVAn Casty Doc John Norton Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 I. McA. Cunningham State of Florida ) ss. County of ) Robin Norton Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 The foregoing instrument was acknowledged before me this day of , 19 , by Charles B. Marquesee and Helga Marquesee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 3 • 16t0l Rec 0358415Da`� sy Fi�k:i� CntY Silvia John Norton S irling Auchincloss Colgate ' as Trustee of the S.A. and R.W. Colgate Tnist U/D/T, December 29, 1989 I. McA. Cunningham State of Florida ) ss. County of ) • C1pr.E::, Doc.00 Robin Norton FCC bT 1 Rosemary Williamson Cblgate,`z- as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 The foregoing instrument was acknowledged before me this day of _ 19 , by Charles B. Marquesee and Helga Marquesee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 3 • E #358415 071 Cy 1 /9:7' 16 a (-.)1 Rec $2`65. (--)� � BV`.' 716 PG 672 Silvia Davis, Pitkin Cnty Clerk:, Doc $.(-)(") John Norton Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 I. cA. Cunningham State of Florida ) ss. County of ) Robin Norton Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 The foregoing instrument was acknowledged before me this day of , 19 , by Charles B. Marquesee and Helga Marquesee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 3 • 0 #k358415 C)7/ci1/93 16:01. Rec $265, c:?ci FBI-. 716 F'G 673 Silvia Davis, F'i.tk.in Cnty Clerk, Doc John Norton Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 I. McA. Cunningham State of Florida ) ss. County of Robin Norton Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 The foregoing instrument was acknowledged before me this /? day of 19 13 , by Charles B. Marquesee and Helga Marquesee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: PAUL A. COHEN Notary Public - State of Florida My Comm. Expires Nov 18,1994 Commission / CC 084475 f C Notary Public 3 •716 0674 :EI.7,584j.`'; i:?iiC?1iy Silvia Davis, pitk:in Cnty C1Gr`E::, Doc State of C ) W W ..3 ) ss. County of -Pitkiti- ) The foregoing instrument was acknowledged before me this PAdaY of , 19?3, by Robert W. Pullen and Anne W. Pullen. WITNESS MY HAND AND OFFICIAL SEAL. GAYLA F. EVANS My commission expires: Li—a3 q'7 zo'• A- Notary Public, Slate of Texas . My Commission Expires ` •• ;•. , APRIL 23, 1997 N=4 Public State of Colorado ) ss. Cnimty of Pitkin ) The foregoing instrument was acknowledged before me this 19 , by John Norton and Robin Norton. State of Colorado ) ss. County of Pitkin ) day of WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public The foregoing instrument was acknowledged before me this day of 19 , by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 4 • 0 0 i / 01 / 9 =; 16 : 01 hec s265 . Ut) BV� 716 p.3 675 Pitkin Cnty Clerl.:'., Doc Silvia Davis, State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this02 day of 19 , by Robert W. Pullen and Anne W. Pullen. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public State of Colorado ) ss. r „a,r,t of Pitkin ) 5f The foregoing instrument was acknowledged before me this�E-day of 19 93 , by John Norton and Robin Norton. WITNESS MY HAND AND OFFICI SEAL. My commission expires: D 2v to NqihPublic T� Cr State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 19 , by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 4 • • : 358415 C) i / U 1 / 93 16 : � )1 Fier_ $265. -)Cl Erg ::, 716 F G 676 Silvia, Davis, F'itl•::in Cnty Merl.%, Doc- $-00 State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 19 , by Robert W. Pullen and Anne W. Pullen. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 19 , by John Norton and Robin Norton. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public IVEld y)1E,e7-e-0 State of ) ,Cos "Mph ss. County of Pitknn ) The foregoing instrument was acknowledged before me this 6Z6 day of 19, by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989. WITNESS MY HAND AND OFFICIAL SEA y My commission" expires: r r.LC"�-z /1K r `' c— �� ' = Notary Public 4 #358415 07/01/93 16:01 Rec $265^00 BK$��1� PG �»// Silvia Davis, Pitkin Cnty Clerk, Doc ^v" State of Colorado ) ) 3S. County of Pitkin The nainstrument was acbnovvledyedbefore me thisday of ' 19`�3 . byl. Mo/\. Cunningham. ' �~ WITNESS MY HAND AND OFFICIAL SF-Aba-.O--,- Notary Public |ln ease=m= 5 # 3 B41.5 ii I/93 1.6:()l Rec- $2615.00 B[:::06 PG 4,410 S i I v i a Dav eq 1='itk:iri CF)ty Clerk, Doc- STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this day of April, 1993, by John Norton and Robin Norton. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this 5A day of April, 1993, by I. McA. Cunningham. Witness my hand and official seal. My commission expires: 5-/7--R5 - I Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989. Witness my hand and official seal. My commission expires: Notary Public 11410. 4 �= ,��1:., 07/01 /9-3 16: 01 Rec s' }:: - 00 SF:': Doc_ 716 f''G 641 �.���� Davis, Fit.E:in Cnty C STATE OF COLORADO ss. COUNTY OF PITKIN ) This instrument was acknowledged before me this day of April, 1993, by John Norton and Robin Norton. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) r. This instrument was acknowledged before me this day of A',-, J ? , 1.993, by I. McA. Cunningham. Witness my hand and official seal. My commission expires: Notary Public STATE OF ft�rj-) ) ss. COUNTY OF 4QS 14"MO5) This instrument was acknowledged before me this day of April, 1993 by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989. Witness my hand and official seals. , My commission expires: otary Public 11410. 4 N U- in W w m O W LL- Q G ''��� F < •aau< w.n.x -71 177^1 s N1M917 V 17 43 _a o J �0 W 0 � I 1� S I u 1 v F— Y V W M O m � I W UTILITY EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made and entered into this day of N? (- P 1 , 19 %-3 , by and between Charles B. Marquesee and Helga Marquesee, Robert W. Pullen and Anne W. Pullen, John Norton and Robin Norton, I. McA. '0 Cunningham and Sterling Auchincloss Colgate and Rosemary Williamson Colgate, Trustees of LL the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989, as Grantors, to the City of v Aspen, a municipal corporation, as Grantee. w" + WHEREAS, Grantors are the owners of certain real property (the "Property") situated M u in the City of Aspen, Pitkin County, Colorado, abutting North Street between 7th Street and 8th w � Street; and WHEREAS, the City Council of the City of Aspen, Colorado, by its adoption of Ordinance No. 11, Series of 1993, has vacated that portion of North Street shown on the map U U--ti.tl.ed "Map of Proposed Vacation" attached hereto and made a part hereof as Exhibit "A"; and m >1 s +� U WHEREAS, as a condition of the adoption of Ordinance No. 11, Series of 1993, the City Council of the City of Aspen requested that all of the Property Owners who shall receive the .y ownership and title to the land so vacated as provided in and by Section 43-2-302, C.R.S., grant to the City of Aspen a utility easement for the existing water line shown on the "Map of Proposed Vacation" and other utilities upon the terms and conditions as hereinafter provided. �n NOW, THEREFORE, for and in consideration of the adoption of Ordinance No. 11, a vacating certain portions of North Street, Grantors hereby grant and convey to Grantee subject U-) 12 to the terms and conditions hereinafter set forth and the rights herein specifically retained and ra reserved by Grantor, the right, privilege and easement to construct, install, maintain, operate, co >0 .-a repair, remove, and replace a currently existing water main line and any other future utility line W deemed necessary by Grantee along and across the Easement Premises situated on the property as described and depicted on Exhibit "A", attached hereto and by this reference incorporated herein. Further, Grantors do grant to Grantee the right to access said utility lines over, under, across and along the Easement Premises as may reasonably be required for the purpose of exercising the rights, privileges and easement herein granted. The foregoing grant of easement and access shall be subject to the following terms and conditions: 1. The Easement Premises shall not exceed twenty (20) feet in width measured ten (10) feet on either side of the center line of the currently existing water main line. 2. Grantee's utility lines and all associated facilities shall be constructed, installed, maintained and operated in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of Grantors' property or shrubs and other vegetation on the property. Grantee's utility lines, including all future lines, shall be installed to underground locations. Any damage to the Grantors' property or to the surface, trees, shrubs or other vegetation caused by Grantee's installation, maintenance, repair or removal of the water main line, future utility lines, or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists as of the date of this easement. 3. Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises except during such times as Grantee's employees or agents Lo are physically present and conducting activities permitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided t` �+ and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use a of the Property. 0 Q 5. This Easement is not intended and shall not be -construed to grant an easement or access across, over or under any property or premises other than the Easement Premises as r4' 0 described and de icted herein. +� � P U 6. Grantee shall notify Grantors in advance of those dates and times Grantee, its U employees or agents, shall acceess the Easement Premises to undertake any excavations thereon. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. Ln 8. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assigns. c° ' 9. Any rights to the Property or Easement Premises not specifically granted to Ln Grantee herein are reserved to the Grantors, its successors or assigns. IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as of the day and year first written above. OA AA Charles B. Marquesee Helga Ma see Robert W. Pullen Anne W. Pullen 2 335 ii i;i.'`'.3 1E�o�_1. i=�t.,, ^��,C ) ref:: 716 F'C 645 Silvia Davis, Piu::in Canty Cler-k., Doc $-00 or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists as of the date of this easement. 3. Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises except during such times as Grantee's employees or agents are physically present and conducting activities permitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use of the Property. 5. This Easement is not intended and shall not be construed to grant an easement or access across, over or under any property or premises other than the Easement Premises as described and depicted herein. 6. Grantee shall notify Grantors in advance of those dates and times Grantee, its employees or agents, shall acceess the Easement Premises to undertake any excavations thereon. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 8. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assigns. 9. Any rights to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantors, its successors or assigns. IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as of the day and year first written above. Charles B. Marquesee Robert W. Pullen Helga Marquesee Anne W. Pullen 2 #:3 8,1.15 t1'r'/O1/`�=y 16. ()I F�s�:_ c!> _'h.�. �X BkF 716 PG 646 Silvia Davis, Pitk:in Cnty Clerk:, Doc $.(-)ij John Norton Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Tnist U/D/T, December 29, 1989 I. McA. Cunningham State of Florida ) ss. County of ) GLt. Robin Norton Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 The foregoing instrument was acknowledged before me this day of _ 19 , by Charles B. Marquesee and Helga Marquesee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 3 . r- ?c-j is -': 716 Pe 6 ? 1# . , �41 16 : c7 l R. P c: C � r E:., ` Doc. � Siivi�� ��.vi�9 Pitn linty John Norton A -Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 I. McA. Cunningham State of Florida ) ss. County of ) Robin Norton Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 The foregoing instrument was acknowledged before me this day of _ , 19 , by Charles B. Marquesee and Helga Marquesee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 3 #353A.15 07/01/93 16:01 }iec: $265- _ _ PMl F-6 648 Silvia Davis, Pitk:in Cnty Clerk:, Doc $•(-)c-' John Norton Stirling Auchincloss Colgate as T_nistee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 41.cA. Cunningham State of Florida ) ss. County of ) Robin Norton Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, - December 29, 1989 The foregoing instrument was acknowledged before me this day of , 19 , by Charles B. Marquesee and Helga Marquesee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 3 • 9 # 58415 07/01/9-; 16:01 Rec $265-C-A) FiF: 716 F'G 649 Jil\/7.EA DaVi=, F'itF-.A'-' Cnty C1c-r-k., Doc: $.()cj John Norton Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 I. McA. Cunningham State of Florida ) ss. County of Robin Norton Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, -- December 29, 1989 The foregoing instrument was acknowledged before me this /i�—day of 19 i3 , by Charles B. Marquesee and Helga Marquesee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: PAUL A. COHEN Notary Public - state of Florida My Comm. Expires Nov 18,1994 Commission / CC 084475 Notary Public c • ;265. r;c 716 F'G 650 DOc- Silvia Davis, F'itl:in CriIY C1�i 1.:• I P�ZS State of Geler:a ) W :;�-, ;.5 ) ss. County of _n:� ) The foregoing instrument was acknowledged before me this day of , 19?3, by Robert W. Pullen and Anne W. Pullen. WITNESS MY HAND AND OFFICIAL SEAL. Rim, F. EVANSMy commission expires:c, Slate of Toxasission Expires23, 1997 N=4 Public State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 19 , by John Norton and Robin Norton. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 19 , by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 4 07/01 lvja Davis t 1 Casty 716 PG, 651 State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this07 day of 19 , by Robert W. Pullen and Anne W. Pullen. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public State of Colorado ) ss. �',:,,unty of Pitkin ) S F' The foregoing instrument was acknowledged before me this,2Z 2—day of 19 93 , by John Norton and Robin Norton. WITNESS MY HAND AND OFFICI SEAL. My commission expires: D 2U f0 No Public State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 19 , by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 4 4 33c41"j 0 /011 3 16:01 rec $' 6 5. 0(? M::� 716 PG 652 Silvia Davis, Pi tkA r, crity Cl er k: , Doc State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 19 , by Robert W. Pullen and Anne W. Pullen. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public State of Colorado ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this 19 , by John Norton and Robin Norton. a -id VnEx-7-c-o State of ectorxdo ) k'qs "ir,a) ss. County of Pitkin- ) day of WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public The foregoing instrument was acknowledged before me this CW day of 4�0—j 19, by Stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989. WITNESS MY HAND AND OFFICIAL S A My commi icni expires: Notary Public 4 � pi . 716 F'-653 DOC • o359415 c, r Cf-It y Silvio. Davis, F'itk:in State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this /5 day of 19c�3 , by I. McA. Cunningham. easemcnLeas WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 5`%7-fir - Notary Public 5 4t N v LYI LI Zo i C1d N if+ U Ql >1 IX 4-J U C p 14 CL r� > 0 ti Cl ti 00 > IP — 0 w L—� 1 W m 0 Q W w 0 Q z Z r 71 177y1C Hl^�na U o I.` o J �0 W 0 0 9 x A f oS 193M .L = s F- 0 9 R, kk"s` B4.1.5 01 / 9 3 16: c-.1 Rem '65. C C ! 716 PG 6 5:Lvi•a. 1javis, FitI::in Cnty Dn-: DECLARATION OF RESTRICTIVE COVENANTS REGARDING VACATED STREET T THIS DECLARATION OF RESTRICTIVE COVENANTS is made this 2/ - day of April, 1993, by CHARLES B. MARQUSEE AND HELGA MARQUSEE, ROBERT W. PULLEN AND ANNE W. PULLEN, JOHN NORTON AND ROBIN NORTON, I. MCA. CUNNINGHAM AND STIRLING AUCHINCLOSS COLGATE AND ROSEMARY WILLIAMSON COLGATE, Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 (the "Property Owners"). RECITALS• WHEREAS, the Property Owners are all of the owners of the lots abutting North Street between 7th Street and 8th Street; and WHEREAS, the City Council of the City of Aspen, Colorado, by its adoption of Ordinance No. 11 (Series of 1993) has vacated that portion of North Street shown on the map entitled "Map of Proposed Vacation" attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, as a condition of the adoption of Ordinance No. 11, the City Council of the City of Aspen requested that all of the Property Owners who shall receive the ownership and title to the land so vacated as provided in and by Section 43-2-302, C.R.S., restrict the vacated property (the "Restricted Property") against the construction or placement of structures, as hereinafter defined, on the vacated area. NOW, THEREFORE, for and in consideration of the foregoing, the Property Owners do hereby declare, covenant and restrict the Restricted Property, as follows: 1. Declaration of Restrictions. No structure shall be constructed, installed or otherwise placed on the Restricted Property. The term "structure" shall include a moveable building which can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or permanently, roads, walkways, paths, fences, swimming pools, tennis courts, signs, sheds, and other accessory construction. "Structures" do not include fences or walls used as fences less than four (4) feet in height, underground lines, cables or other transmission or distribution facilities of public utilities. 2. Enforcement. The Property Owners hereby declare that any conveyance of the Restrictive Property shall be subject to the declaration and covenants set forth herein, and any and all future owners of the Restricted Property shall be bound hereby, and shall forever faithfully observe and perform the conditions, restrictions and obligations herein. If any of the Property Owners or any person or entity claiming under them, shall at any time violate or attempt to violate, or shall omit to perform or if= 5841 5 cii i'i1 /97 16. ci f Rec F`itk26 . c=�c_� i 1 vi a Dav� Bf` `6 PG 656 :in Cnty Clerk:, Doc observe any one of the foregoing restrictions, then the other Property Owners benefited by these restrictions, or the City of Aspen, shall be and is hereby entitled to institute and prosecute appropriate proceedings at law or an equity for the wrong done or attempted. Such rights and remedies shall expressly include, but not be limited to, the right to bring an action for the forced removal of any structure violating the provision of this Declaration and obtain injunctive relief against the continued violation of any of the restrictions contained herein, or both. The failure to enforce any provisions of this Declaration at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of this Declaration. 3. Attorney's Fees. In the event the interpretation or enforcement of any of the terms, provisions, rights or obligations contained in this Declaration become the subject of litigation between the parties hereto, the prevailing party shall be entitled to recover its reasonable costs and attorney's fees incurred in connection with such litigation as a part of the judgment entered therein. 4. Duration. The Declaration of Restrictive Covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the Restricted Property or any part thereof, and their representatives, successors and assigns, in perpetuity. 5. Counterparts. This Declaration may be executed in one instrument, signed by all parties, or in counterparts, in which case all such counterparts together shall constitute one and the same instrument and Declaration, binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. IN WITNESS WHEREOF, the Property Owners have executed this Declaration of Restrictive Covenants as of the day and year first written above. OA,& Charles B. Marqusee Robert W. Pullen I Helga Marqus �7 OWNERS: Lots A & B, Block 8; all fractional Townsite Lots located in Block 7 2 Anne W. Pullen OWNERS: Lots C & D, Block 8 #31584115 (_) i /A/ 93 16: c i 1 Re$^6`5 . c i� i %k:: PG 657 Silvia Davies, Pi�_E::in Cnty Clerl,:, Doi_ .UO observe any one of the foregoing restrictions, then the other Property Owners benefited by these restrictions, or the City of Aspen, shall be and is hereby entitled to institute and prosecute appropriate proceedings at law or an equity for the wrong done or attempted. Such rights and remedies shall expressly include, but not be limited to, the right to bring an action for the forced removal of any structure violating the provision of this Declaration and obtain injunctive relief against the continued violation of any of the restrictions contained herein, or both. The failure to enforce any provisions of this Declaration at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of this Declaration. 3. Attorney's Fees. In the event the interpretation or enforcement of any of the terms, provisions, rights or obligations contained in this Declaration become the subject of litigation between the parties hereto, the prevailing party shall be entitled to recover its reasonable costs and attorney's fees incurred in connection with such litigation as a part of the judgment entered therein. 4. Duration. The Declaration of Restrictive Covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the Restricted Property or any part thereof, and their representatives, successors and assigns, in perpetuity. 5. Counterparts. This Declaration may be executed in one instrument, signed by all parties, or in counterparts, in which case all such counterparts together shall constitute one and the same instrument and Declaration, binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. IN WITNESS WHEREOF, the Property Owners have executed this Declaration of Restrictive Covenants as of e day and ear first written above. ���G � arles B. Marqusee Helga Marqusee OWNERS: Lots A & B, Block 8; all fractional Townsite Lots located in Block 7 eft W. Pullen Anne W. Pullen OWNERS: Lots C & D, Block 8 F'l ou" eon- Q +#-L-k eo r© �11 a,i �o AN Os o l Rockc� ova1 k "2- 1 l �hk (n)c- w(Xx- ; h du(g jFv (- urns , ol� i Z1 Z.Ckn4- a, sf v, (1 l0, k V't K bu4 Vacq� ,04 ` ��� �' w ay ; ss�c� 4 a M'e-Kdl ,,l(�e,w�© `-Dave- o� u,c�e� p ca Q� D , --�;> .rj I I / I c�q, C) d C� I � �+- V,� CQ��cQ ucfu 0 0 #:3—je41 J (-), '(-)1 /93 16• ,'_,1 Rec $265.00 Bs :: 716 F'G 658 Silvia Davis, F'itkin C:nty Clerk:, Dac OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA ) ss. COUNTY OF ) -. McA. Cunningham OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF ) This instrument was acknowledged before me this day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: Notary Public 3 II L rI� b U i t � tz= � 3 � 177111 rr M� i J V 0 I-;t Lj� YJ _ f-- ❑❑ IL i i J' \ E- o �0 I, J • LU w• ' / :'` W jIM W O w / S LU LU �y CL = > w ,o + LL- I ,-� p oo�0 i ` U U J 133�1S �L 7 W yy, = ZOYJ n = O S i V V I J rI4J C '" U a-' P_ > e a ra .� ra .H # co /�'.. I r 4/• m00% v �- O I � m � V m c w 0 #340937 C) 1 /24/92 16: 17 F,!R:-- $400. (:)(-) 667 F-C, 731 Silvia Davis, F'itl-::in linty Cler-l.::, Doc TLAA 0 IQ G � COF �o r\3 o �" LZ�6 "THE ASPEN MEADOWS" SPECIALLY PLANNED AREA DEVELOPMENT & SUBDIVISION AGREEMENT !24 16: 13 F i;c_,, i_;i; 4 667 0 i1via Davis'Pitk:in C,nty rl::, Doc: s.!:;i; THE ASPEN MEADOWS TABLE OF CONTENTS PAGE I. GENERAL REPRESENTATIONS .............................. 5 A. Construction Schedules - General ........................... 5 B. Construction Schedules - Detailed .......................... 6 C. Traffic Mitigation Plan ................................. 6 1. West Meadows Component .......................... 7 2. MAA Facilities Component .......................... 7 D. Site Improvements to Property ............................ 8 1. Utility Plan .................................... 8 (a) Water....................................9 (b) Sanitary Sewer .............................. 10 (c) Electricity ................................. 11 (d) Gas.....................................12 (e) Other Underground Utilities ...................... 12 (f) Drainage .................................. 12 (g) Fire Protection .............................. 12 (h) Vacation and Grant of Easements .................. 13 2. Meadows Road ................................ 13 E. Additional Conditions of Site Improvements ................... 14 F. Financial Assurances .................................. 15 H. INDIVIDUAL PARCELS - THE ASPEN MEADOWS ................. 16 A. Lot 1 - The Aspen Institute ............................. 16 1. Dimensional Requirements ......................... 16 2. Off -Street Parking ............................... 16 3. Site Improvements .............................. 16 (a) Utilities .................................. 16 (b) Landscape Improvements ....................... 16 4. Trails ...................................... 17 5. Financial Assurances ............................. 17 6. Employee Housing .............................. 18 B. Lot 2 - Music Associates of Aspen ......................... 18 1. Dimensional Requirements ......................... 18 2. Off -Street Parking .............................. 19 3. Site Improvements .............................. 19 (a) Utilities .................................. 19 I 1' ^4/92 16. 13 Rec .• . (lri F;k:: 667 PG 733 _TJ.vi.a. I <t•�i.s, FitE::in Cnt•✓ Clerk, _ Doc PAGE (b) Landscape Improvements ....................... 19 4. Financial Assurances ............................. 19 5. Employee Housing .............................. 20 C. Lot 3 - The Aspen Center for Physics ....................... 20 1. Site Improvements .............................. 21 (a) Utilities .................................. 21 2. Financial Assurances ............................. 21 3. Trails ...................................... 22 D. Lot 4 - Conservation Land .............................. 22 1. Site Improvements .............................. 22 (a) Utilities .................................. 22 E. Lot 5 - The Trustee Houses at the Aspen Meadows .............. 22 1. Dimensional Requirements and Variations Therefrom ......... 23 2. Condominiumization and Six Month Minimum Lease Requirement .............................. 24 3. Site Improvements .............................. 24 (a) Utilities .................................. 24 (b) Landscape Improvements ....................... 24 4: Trails ...................................... 25 5. Financial Assurances ............................. 25 6. Employee Housing .............................. 26 F. Lot 6 - The Tennis Townhomes at the Aspen Meadows ............ 26 1. Dimensional Requirements and Variations Therefrom ......... 27 2. Condominiumization and Six Month Minimum Lease Requirement .............................. 28 3. Site Improvements .............................. 28 (a) Utilities .................................. 28 (b) Landscape Improvements ....................... 28 4. Trails ...................................... 29 5. Financial Assurances ............................. 29 6. Employee Housing .............................. 30 G. Lot 7, 8, 9 and 10 - The Residences at the Aspen Meadows ......... 30 1. Dimensional Requirements ......................... 31 2. Site Improvements .............................. 32 (a) Utilities .................................. 32 3. Financial Assurances ............................. 32 4. Employee Housing .............................. 33 H. Additional Provisions and Agreements ...................... 33 1. Access/Emergency Loop .......................... 33 2. Fire Protection ................................ 33 3. Fireplace Regulations ............................ 34 4. Drainage Mitigation ............................. 34 ii i )1 / 24 / 9.^_ 16 : 13 kec $4t. _)(-) M::: 667 F'G 734 Silvia Davis, F-itl::in Casty Clerl•::, Doc $.(-)c_? } PAGE 5. Fugitive Dust Control ............................ 34 6. Energy Conservation - Savanah ...................... 34 7. Energy Conservation - Institute and MAA ......... .. ..... 34 8. Fox Dens .................................... 35 9. Re -Vegetation ................................. 35 10. Manicured Lawn Areas ........................... 35 11. Construction Barricading .......................... 35 12. Amendments .................................. 35 13. Public Access ................................. 35 14. MAA Parking Lot .............................. 36 III. MISCELLANEOUS......................................36 A. Periodic Project Review ............................... 36 B. Non -Compliance and Request for Amendments or Extensions ........ 36 C. General Provisions .................................. 38 1. Notice ...................................... 38 2. Binding Effect ................................. 39 3. Applicable Law ................................ 39 4. Vested Rights ................................. 39 5. Expiration of Development Allotment .................. 40 6. Severability ..................................40 7. Incorporation of Recitals and Written Submittals ............ 41 8. Entire Agreement; Amendment ...................... 41 9. Acceptance of SPA Precise Plan; Ratification by Owner ....... 41 10. Reasonableness ................................ 41 APPENDIX................................................44 savanah\agmts\tablc.con iii •# 74C)c 37 i)1 /24i92 16: 17, $400. (W) Bl::' 667 PG 735 _=;i.lvi.a Davi<_, Pi LF:::in Cn*Clerk, Doc DEVELOPMENT & SUBDIVISION AGREEMENT "THE ASPEN MEADOWS" SPECIALLY PLANNED AREA This Agreement, made and entered into this day of , 1991, by and among the City of Aspen, Colorado, a municipal corporation and home rule city (the "City"), and The Aspen Institute ("Institute"), the Music Associates of Aspen ("MAA"), the Aspen Center for Physics ("Physics") and Savanah Limited Partnership, a District of Columbia limited partnership ("Savanah"). Collectively the Institute, MAA, Physics and Savanah are hereinafter referred to as the "Consortium". RECITALS 1. The City of Aspen after numerous public hearings adopted a Master Plan for the Aspen Meadows as a component of the Aspen Area Comprehensive Plan in September, 1990; and, 2. The Consortium has submitted to the City for approval, execution and recordation, The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat (the "Plat") pertaining to the development of a tract of land known as the Aspen Meadows situate within the City of Aspen, Colorado, legally described on Exhibit "A" (the "Property") to include the following development activities, among others (the "Project"): a. Reconstruction of the existing sixty lodge units of 35,950 gross interior square feet and in addition, renovation of the existing Kresge Building conference space (lower level, Building 5)' -Insti- tute. b. Construction of fifty new lodge units of 42,410 gross interior square feet and additional subgrade mechanical space in Lodge Buildings 1, 2, 3 and 4 totalling 960 square feet of gross interior space - Institute C. Health club renovation and expansion of 1,800 gross interior square feet - Institute. For the purposes of this Agreement, the term "gross interior square feet" or "gross interior floor area" shall mean that floor area contained within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof, exclusive of covered or uncovered decks, balconies, stairways, terraces and similar features, when such features are not surrounded by exterior walls or enclosed. #._ :3 01. /.2,4/92 16: 1. R e c 1:4•' ?�? P :: 667 Pry 7 :.5 Silv:i�.^D.vis, F'itE::in r'n�-i Cler E:, Doc.i?i7 d. Restaurant renovation and expansion of 2,000 gross interior square feet - Institute. e. Tennis shop renovation and expansion, including rest rooms, of 980 gross interior square feet - Institute. f. Music tint backstage expansion of 1,500 gross interior square feet - MAA. g. New rehearsal/performance hall of 11,000 square feet of Floor Area Ratio ("FAR") - MAA. h. Music tent gift shop expansion of 100 gross interior square feet - MAA. i. Renovation of the existing eight trustee houses and their expansion to 2,500 square feet of FAR each - Savanah. j. Construction of ten new townhouse condominiums of 2,500 square feet of FAR each - Savanah. k. Creation of four single family homesites, each homesite to have a single family home and an accessory employee unit totaling 4,540 square feet of FAR exclusive of exempt garage space of up to 500 square feet - Savanah. 3. Following extensive public hearings at which substantial evidence in support of the Project components was produced and considered, the Consortium received all requisite development approvals from the City for the Project. The development approvals that the Consortium has received include the following: a. Subdivision approval to create ten separate lots at the Aspen Meadows. b. Growth Management Quota System ("GMQS") approval for fourteen residential units. C. GMQS exemption for essential public facilities from competition and affordable housing impact mitigation for the Institute and MAA development components. d. Zoning map amendments to create two RMF lots, four R-15 lots, Academic (A), Wildlife Preservation (WP) and Open Space (OS) zones and lots, all as depicted on the Plat. 2 t.;409_; �' 01 /.^_4; 92) 16: 1-3 0_ 4C?C !_?�? Ejt:: 667 PG i..l.vi:a Davis, Fi.tk:in Cnty C1; r f::, Doc $. ?ii e. Variations from subdivision and subdivision improvement requirements, easement and utility requirements, design standards for streets and related improvements and zone district dimensional and minimum lease requirements. f. Condominiumization approval for the eight existing trustee houses, the three new trustee houses on Lot 5 and the seven new townhomes on Lot 6. g. Waiver of the six month minimum lease requirements for the approved development activity in the RMF zone district. h. Conditional use approvals for affordable housing units on lots 7, 8, 9 and 10, and i. Historical Preservation Commission ("HPC") conceptual and final approval for all aspects of the Project which were subject to HPC review. 4. The City has fully considered the Plat and this Agreement as well as the anticipated benefits and burdens to other neighboring properties by reason of the proposed development and improvement of the Property, all in accordance with Chapter 24 and other related provisions of the Municipal Code of the City of Aspen, Colorado (the "Municipal Code"); and, 5. The City has found that the Plat and this Agreement meet the standards set forth in Section 24-7-801, et seq. of the Municipal Code and further finds that the Consortium has met its burden and has demonstrated the reasonableness and suitability of the Project, its conformity to the requirements of Article 7 of Chapter 24 of the Municipal Code and the Master Plan, that the adverse effects of the Project have been minimized to the extent practicable, and that the Project complies with the City Council's intent in originally designating the Property with an SPA overlay, including the reasonable conformance of the Plat and this Agreement with the approval granted to the conceptual development plan; and, 6. The City is willing to approve, execute and accept this Agreement and the Plat for recordation upon the agreement of the Consortium to the matters hereinafter described, subject to all of the requirements, terms and conditions of Article 7 of Chapter 24 of the Municipal Code as presently constituted and such other laws, rules and regulations as are or may be applicable; and, R 409-3 7 O01/24/9 16: 1-; Re ;c_;, i;c l vi a Diavi. F-jt_ L�F:: 667 F' 73& �, i i::in CnFy L k:, Doc•.c;c; 7. The City has imposed conditions and requirements in connection with its approval, execution and acceptance of this Agreement and the Plat for recordation and such matters are necessary to protect, promote and enhance the public health, safety and welfare; and, 8. Under the authority of Article 7 of Chapter 24 of the Municipal Code, the City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by the Consortium and the Consortium's successors and assigns; and, 9. The Consortium is willing to enter into such agreements with, and to provide assurances to, the City; and 10. The Consortium has submitted and the City has approved a detailed construction time line incorporating a specific construction schedule for the installation of the new Meadows Road; and 11. Specific fire hydrant locations for the development have been established and approved in cooperation with the Fire Marshall; and 12. A detailed tree removal and replacement plan has been submitted and approved by the City Parks Department indicating all trees to be moved or removed, their size, location, species and time of planting, transplanting, or removal specifying that all tree replace- ment shall be on a one-to-one caliper inch basis with minimum size at 1 1/2" caliper; and 13. Exact trail locations have been approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to the preservation of existing topography. As built easements shall be executed and conveyed after trail construction; and 14. All property exchanges between Savanah, the Institute, the MAA and Physics are to be effectuated simultaneously with the recording of the final plat or as soon thereafter as is practical in the circumstances; and 15. The Consortium has provided to the City a digitized copy of the subdivision plat. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City it is agreed as follows: 4 • It: 4<;93 1 /2'4/92 16: 1 *$4(- )C:". 00 F.F:' 667 PG 739 iIv:ia Davis, Pits -::in Cnty C].erl<, Doc s.i�!=? I. GENERAL REPRESENTATIONS A. CONSTRUCTION SCHEDULES - GENERAL: The Consortium and City mutually acknowledge that exact construction schedules for the entire Project cannot be submitted or agreed to at this time, due primarily to two factors: (a) construction scheduling depends on the success of fund raising efforts by the non- profit members of the Consortium, and (b) construction will take longer than a normal development because summer programming and activities on the Property will require curtailment of construction activity during summer months. The Project involves five separate areas of construction activity with the following currently estimated sequencing: 1. It is anticipated that the Institute renovation and new construction, including the seven lodge buildings, administration building, health club and pool, parking structure and attendant site work will be undertaken in at least three distinct phases with the major components of each phase beginning in the Fall and ending the following Summer. 2. It is anticipated that the MAA tent improvements (seating expansion, back stage addition and site work), rehearsal/performance facility construction and site work and the reconfiguration of the parking lots on Gillespie will be undertaken in at least two phases, one being the tent related improvements and parking lot work and the other being construction of the rehearsal facility. 3. It is anticipated that the residential component, consisting of site improvements for the single family lots, tennis townhomes and trustee house remodels and additions and all related site work will be undertaken in three phases: the site work for the home sites, the tennis townhomes and the renovation and expansion of the trustee houses. 4. The construction of the new Meadows Road is currently planned for the Spring of 1992, and the conversion of the old Meadows Road to a trail with landscape and the upgrades to the utility and irrigation systems throughout the Property is planned for the Spring of 1992. The utility and irrigation system work will be coordinated with the individual construction phases and with the Public Works Director. 5. The schedule for completion of the City trail and bridge installation from the old Meadows Road to picnic point and across to the Rio Grande trail and from behind the auditorium accessing the Roaring Fork Road side of the campus will be established by the City but will be coordinated with the affected Consortium 9 )977 (:)1 ''='4/92- 1E,: 1 = F;ec >i�, i_;i� f�E:: 667 PG 740 viaDavis,Pit Cnty �. h:, Doc $„i;is members. Disruptive construction activity will be scheduled so as not to interfere with campus programs or activities. The City shall be solely and completely responsible for grading, constructing and paying for all trail, bridge and appurtenant recreation features from the Meadows Road West and North to picnic point and across the Roaring Fork River to the Rio Grande trail and from the Rio Grande trail up the hill to the Roaring Fork Road by the Institute parking lot. B. CONSTRUCTION SCHEDULES - DETAILED: At the time of applicationei a buildin for a particular development component of the Project, an as a condition precedent to the issuance thereof, the individual owner _ shall provide the City Engineering Department with a detailed construction schedule for that component, satisfactory to the City Engineer and the Chief Building Official in connection with the Planning Office in the exercise of their reasonable discretion keeping in mind that disruptive activities shall be scheduled to minimize impacts on adjacent properties and campus activities. The Construction Schedule shall particularly address how construction phasing and other techniques within each separate component will best accommodate the following if appropriate under the circumstances: (a) any barricading and provision of pedestrian protection, (b) excavation access and large truck traffic circulation and staging areas, (c) disposal of demolition and excavation materials, (d) delivery and storage of major construction materials, (e) construction equipment access and storage, (f) contractor vehicle parking, (g) compliance with City noise regulations, and (h) scheduling and design of utility relocations, replacements and undergrounding. Each of such Construction Schedules shall be verified by the City Engineer and the Chief Building Official in consultation with the Planning Office and (if the City so desires) recorded as a supplementary exhibit hereto. C. TRAFFIC MITIGATION PLAN: As part of the SPA approval process the Consortium, in connection with the City and West end neighbors, has developed a traffic mitigation plan dated February of 1991 and attached hereto as Exhibit "B" . The traffic mitigation plan is evolutionary in format. It shall address the needs of the guests, employees and users of the lodge and the concert goers and students of the music facilities as well as the neighbors. The plan requires action on the part of the Institute, any lodge operator, MAA, the Roaring Fork Transit Authority ("RFTA") and the City of Aspen. To accommodate the separate needs of the two distinct facilities at the Meadows, the traffic mitigation plan has the following two components: G • ff-140977 _11. / 24/9' 160 ec P*:: 667 F'G 741 C'r, �l1vi<�. Davis, Pi.i._k:i.n i�ni._}� Clerk, Doi_ $. _ 1. West Meadows Component. This component includes programs to discourage private automobile use and to encourage, through incentives, alternate modes of transportation. Elements include: a. Airport van service for guests and residents. b. Van service to and from town for guests and residents. C. The shuttle van system as incorporated into the development's traffic mitigation plan shall be operated by that company or entity operating the lodge facility. d. Chartered vehicles when appropriate for group activities originating at the lodge. e. Bicycle rental and storage facilities. f. Promotional materials encouraging use of alternate modes of transportation and discouraging private autos. g. Guest parking in a garage to be constructed under the tennis facilities. h. Trail Easements to connect the Property with the Rio Grande Trail. i. Limited employee parking with programs for alternative transportation use for employees. j. Delivery vehicles and delivery routes serving the restaurant facilities shall be limited to those hours of delivery and routes as delineated in the development's traffic mitigation plan, except when severe weather or circumstances beyond the control of the lodge/restaurant operator require a deviation therefrom. The lodge/restaurant operator shall insure and enforce the delivery hours and routes by contractual obligation with its goods and services providers. The Institute (itself or through it's lodge/restaurant operator) shall furnish to the City written evidence of this contractual obligation. 2. MAA Facilities Component. Efforts to reduce auto use have been undertaken in recent years by MAA in conjunction with West end residents. The elements of this plan are a further expansion of these earlier efforts: a. Promotional materials, including maps, encouraging use of transit, bicycles and walkways have been initiated and will be continued. 7 r 01;'.^_4!9'? 1.6: 17% Rec cii Ff': 667 Pr 742 1 ..i. a. Davis, P i t k: i. n i� m y C �_r'�! , r j 1 _ Doc. s . c.. b. Pedestrian/bicycle ways include continued designation of Lake Avenue as auto free. Bicycle racks will be provided in the vicinity of the tent. C. Fourth Street from Main Street to the tent will be closed to all motorized vehicles before large events and will be used for pedestrian and bus egress after large events. d. Enhanced transit service by RFTA to the tent during the summer. e. Truck routing restrictions for deliveries to the tent and the planned rehearsal/performance facility. Institute, MAA and any lodge operator shall conduct a review and provide a written report on the traffic mitigation plan to the City of Aspen Planning Director on June 10 in years 1993, 1995, 1997, 1999 and 2001 and shall continue to conduct and provide such reviews and reports every two years thereafter unless deemed unnecessary by the City Council. Such reports shall include, but shall not be limited to, traffic counts on Seventh Street, number of van trips pursuant to the development's traffic mitigation plan, charter vehicle use, passenger counts and destinations arising from the use of the Aspen Meadows facilities. The review and report shall also incorporate data and information from RFTA illustrating its service to the MAA facilities. The City will review the report and may require modification to the development's traffic mitigation program, including the addition of reasonable new mitigation measures. All modifications of the traffic mitigation plan shall be approved by the Planning and Zoning Commission at a public hearing. D. SITE IMPROVEMENTS TO PROPERTY: Consortium shall and hereby agrees to accomplish the following improvements on the Property: 1. Utility Plan The Consortium shall, when necessary, upgrade and relocate existing water, sanitary sewer, gas, electrical, telephone, and cable television lines in accordance with the approved Utility Plan recorded in Book a $ at Page _6 of the Pitkin County Colorado Real Property Records (the "Records"). The currently estimated cost breakdown of all items are set forth on Exhibit "C". In accordance with the Utility Plan, the Consortium shall construct the following improvements in the Project Area. • - 0 I1:7).a-097;' i>1 /1-24/92, 1.6: 1.._' R_�c �>4c;i). (_;�; F3K: 66? F'S 743 SilviA Dav:Lcs, F'itki.n Cityy Clerl<, Di.)c (a) Water The Consortium shall upgrade or install where necessary a water distribution system for the development meeting no less than the minimum design, engineering, materials and construction standards of the City for domestic municipal and fire protection purposes and shall convey same to the City upon completion, inspection and % acceptance by the City. The Consortium shall also convey to theme City a perpetual twenty foot as -built easement extending ten feet from each side of the centerline of all newly constructed water lines, and a construction easement extending an additional five feet on each side of the centerline, along with a similar twenty foot easement and construction easement for the future installation of A / a connector main to the existing City water main in Black Birch U� Drive to be installed and maintained at City expense. The Consortium shall install and construct two new 8" Ductile Iron water lines within the Project in accordance with the Utility Plan which will replace and upgrade existing 6" cast iron and smaller diameter water lines on the site. Additionally, the Consortium shall: / (i) Install and construct an 8" Ductile Iron water line from the City's existing dead -ended 8" water line in the current Meadows Road, extending northerly and easterly through the Project and connecting to the City's 16" Red Mountain water transmission main. There will be a short section of 6" D.I.P. connecting portions of the 8" loop in front of Chalet No. 1. (ii) Install and construct an 8" Ductile Iron water line from the existing 16" Red Mountain transmission main, extending easterly north of Paepcke Auditorium, southerly and then easterly in the Institute parking lot and terminating with a tie-in to the existing City of Aspen 6" water line in Roaring Fork Road. (iii) Relocate the 16" Red Mountain water transmission main_ around Lot 7 as shown on the Utility Plan. (iv) Where required, all existing service lines will be replaced and up -sized to support the upgraded and proposed con- struction. E #k3• .0 01. i :'4/9? ].6 : 13 R e c $4BI-': 667 PG 744 Cilvia Davicz, Pitkin Cnty (v) Existing on -site water lines no longer used will be aban- doned in place. Plans and specifications for all water system improvements shall comply with at least minimum City water system specifications and be subject to the approval of the City Water Superintendent in the exercise of his discretion. Final acceptance of the water system installation by the City is conditioned upon submission of final test reports by a registered civil engineer verifying conformance with approved plans and specifications. (b) Sanitary Sewer The Consortium shall install and construct 8" PVC sanitary sewer lines within the Project in accordance with the Utility Plan, which will replace, upgrade, and serve existing and proposed facilities on the site. Additionally, the Consortium shall: �\( Install a new 8" PVC sewer line in the new Meadows Road to serve the four Single Family Lots 7-10. The sewer main extension will connect to the sewer main in the existing Meadows Road. (ii) �Install a new 8" PVC sewer main extension along the west side of the proposed Tennis Townhouses and connect to the existing Aspen Consolidated Sanitation District ("ACSD") Castle Creek Trunkline. (iii) Relocate, as necessary, portions of the existing sewer line serving the Trustee Townhouses and connect to the ACSD Castle Creek Trunkline. (iv) Install and construct where necessary a new sanitary sewer collection system for the MAA and Institute property beginning at the proposed MAA Rehearsal/Performance facility, extending westerly, northerly, and then westerly and north of Anderson Park, to the West Meadows portion of the Institute property. The sewer main will collect wastes from the meeting, lodging, restaurant, parking, and health club facilities, extend westerly and north of the Trustee Townhouses, and connect into the ACSD Castle Creek Trunkline. 10 ].. _•+: 1.6• ].._+ RE�r_ s, 667 f='G 745 1.1. is Davis, F'iti-.:in Cnt.y C1er'I:, Doc (v) Install and construct a sanitary sewer collection system on the Physics Property, extending easterly connecting Boettcher Building, across the MAA parking lot and connect into the ACSD sewer main in Roaring Fork Road. (vi) The Castle Creek sanitary trunkline shall be lined wherever practical. If sections of the trunkline must be replaced, such replacement locations shall be identified to the City Engineer and Planning Department and the least disruptive practical methods of construction shall be identified and employed. (vii) Where necessary, all existing service lines will be replaced and up -sized to support the .upgraded and proposed con- struction. (viii) All the existing unused or unnecessary on -site sewer systernk/__ will be abandoned in place according to district regulations. Plans and specifications for all sanitary sewer system improve- ments will comply with generally applied ACSD specifications and be subject to the approval of the District manager. Recordation of the Plat shall indicate acceptance of the proposed system sizing, locations and easements. Final acceptance by the District Manager shall be conditioned upon submission of final test reports by an independent registered civil engineer verifying substantial confor- mance with approved plans and specifications, substantial compli- ance with all generally applied rules and regulations of the District, and submittal of executed and recorded easements on the standard District form. (c) Electricity The Consortium agrees to contract with Holy Cross Electric to install and construct all necessary electrical system upgrades within the Project. Underground facilities will be brought from three points of connection: Meadows Road, the overhead substation on the east side of Castle Creek and the overhead substation on the south side of the Roaring Fork River. All existing unnecessary on -site electrical lines will be abandoned in -place. Routing of new electrical lines will be consistent with the utility corridor whenever practicable. 11 • 7 (_)i./27'4/9, ib- 13 Re_ I f: 667 F'r 746' Silvia Davis, F'i•tk:in Cnty Clerk:, Dor (d) Gas The Consortium agrees to contract with Rocky Mountain Natural Gas to install and construct all necessary upgrades to the gas l system for the Project. Underground facilities will be brought in �\ from two points of connection: Meadows Road and Roaring Fork Road. All existing unnecessary on -site gas lines will be abandoned in -place. Routing of new gas lines will conform to the utility corridor wherever practicable. (e) Other Underground Utilities The Consortium agrees to contract with U.S. West and Canyon Cable Television to install and construct all necessary upgrades to their individual facilities within the Project. Points of connection will be from Meadows Road and Roaring Fork Road. All unnecessary existing underground lines will be abandoned in -place, and new routing will conform to the utility corridor whenever practicable. (f) Drainage The Consortium shall install and maintain storm drainage facilities for storm runoff from the site in accordance with Municipal Code Section 24-7-1004.C.4.f. A detention area designed to detain the on -site 100-year storm runoff as specified by the Urban Storm Drainage Criteria Manual will be constructed north of Anderson Park as shown on the Drainage Plan. The design volume that will be detained is approximately 0.9 acre- foot l of storm runoff. A final plan will be submitted to the Public Works Director for his review and approval prior to the com- mencement of drainage work within the Project. (g) Fire Protection The Consortium agrees to install fire hydrants within 350 feet of all existing and proposed structures. Placement will be reviewed J and approved by the City of Aspen/Pitkin County Fire Marshall prior to commencement of construction. 12 01/'24/92 1.6: 17 Rio ,cii� Dl:: 667 PG 747 �Si1.via Da.vis. Pitl<:i_n C n t y Clerk, Doi: C) ) (h) Vacation and Grant of Easements The City agrees to vacate any water, sewer or other utility reservations at such time as these utilities are either abandoned or relocated in accordance with the Consortium's commitment set forth herein. Consortium agrees to grant any new easements for relocated utility facilities in accordance with the location of the utilities as constructed and in -place as may be required by the individual utility's rules and regulations governing service. 2. Meadows Road There shall be created a new Meadows Road accessing the Institute lodgek1 facilities and the residential properties at the Meadows. Savanah shall construct the new Meadows Road, Seventh Street/North Street intersec- tions, and Meadows Road/Eighth Street intersection in accordance with the Plat. The new Meadows Road shall be dedicated as a public street from its intersection with Seventh Street and North Street to the south boundary of Lot 6. Legal access to and from the new Meadows Road shall be provided where necessary for the benefit of existing and future properties abutting that portion of the old (existing) Meadows Road. Such easements are shown and depicted on the Plat. The speed limit for the new Meadows Road shall be reduced to a speed below thirty miles per hour as determined by the City Engineer. The old (existing) Meadows Road shall be converted at the expense of Savanah to a pedestrian trail/bikeway with ownership thereto to remain in the City. In connection with the laying out and construction of the new Meadows Road approved variations from subdivision design and other standards and elements of the Municipal Code include the following: * Curbs, gutters and sidewalks need not be provided within the development. * Alleys, paved or unpaved, do not need to be provided. * Traffic control signs shall. be installed at the intersection of the new Meadow; Road with Seventh and with Eighth Streets, but no 13 kk i;]. /24/c'2 16. 1.7 Rem ,/},_:,Q(:) F,*:� 667 F'G 748 Silvia Davis, Pitk:in Cnty C1er k, Doc s.(;f_) traffic signals need be provided. Speed zones shall be signed as determined by the City Engineer. * If determined to be necessary by the City Engineer, street lights need only be provided at the intersections of the new Meadows Road with Seventh and Eighth Streets. * No street bridges need be provided. Culverts to accommodate irrigation ditches and drainage shall be installed. * The minimum centerline curve radius for new Meadows Road shall be reduced to 65 feet at and or near the intersection of Eighth Street, and right-of-way widths shall be reduced to 40 feet. Maximum grade shall not exceed 8%. All dimensions shall be specified and confirmed on the Plat. * No street -end dedications need be provided. * Cul-de-sac length for Meadows Road has been increased to a maximum of 2,000 feet with a centerline turnaround diameter at the administration building of approximately 50 feet. * The new road alignment shall be called "Meadows Road". * Street trees lining new Meadows Road shall consist of cottonwoods of 2 inch caliper spaced every 30 feet along the east boundary beginning at the intersection with Eighth Street and extending north to the tennis courts. * The Meadows Road construction shall be a local street in accor- dance with the Plat and SPA approvals. E. ADDITIONAL CONDITIONS OF SITE IMPROVEMENTS: In connection with the installation of all site improvements to the Property: 1. There shall be no interconnection of non -treated water systems to potable water systems. 2�l Pursuant to Section 23-56(g) of the Municipal Code, the Consortium shall convey by special warranty deed to the City any right, title, easement and interest it may have in the Si Johnson Ditch along with any water wells or other water rights appurtenant to the Property. The City shall lease back to the Consortium, or its 14 3 4 () 9 7 7 C ? 1. i 24 i 9^ 16 : 1. 3 ReCIO F [::' 667 PG 749 Silvi D_?.vi Pitk:in C.ni._•, C JEFrl::., Doc successor(s) in interest, raw water for irrigation use within the Project in an amount equal to that amount of water reasonably necessary for the efficient irrigation of the lands historically irrigated. Consortium shall pay to the City its pro rata share of operation, maintenance and repair costs, plus $100.00 per year. The lease as noted above shall not subordinate the use of the water right to the emergency needs of the City for minimum stream flows, hydroelectric power, or municipal purposes. 3. Drainage design for the Project shall not intentionally direct runoff into irrigation ditches or ponds. 4. Utility facility installations shall be restricted to roadway, trailway and cultivated landscaped corridors wherever possible. If utility facility installations must occur outside of these areas, such alternate utility corridors shall be fenced or barricaded to the narrowest width possible so as to minimize vegetation disturbance or destruction from construction activities and machinery. All utilit location corridors shall be inspected and approved by the City Engineer and�l Planning Director prior to the issuance of any excavation permit. lJ 5. Vegetation replacement necessitated by utility installation shall utilize the same plant species as the species of vegetation disturbed or damaged. 6. All ditches, swales, intermediary ponds and detention areas shall be subject to appropriate easements for access and maintenance purposes and be depicted on 0 the Plat. 7. Trench box construction methods shall be utilized for the utility installations whenever possible so as to minimize site disturbance. 8. All trail easements shall consist of the trail width plus two feet on each side of the trail plus required temporary construction easements all as shown on the Plat. F. FINANCIAL ASSURANCES: Financial assurances in amounts and in forms acceptable to the Consortium and City shall be provided by Consortium to ensure the satisfactory installation and completion of the L1 new Meadows Road, all utility infrastructure, including water lines, the trail along old Meadows Road, and the parking facility; provided that only that portion of the financial, assurances found by the Public Works Director to be related to the work for which a( given construction related permit is sought must be in place prior to issuance of that permit. The Consortium shall have the right, at anytime and from time to time, to �/ substitute financial assurances theretofore given with another form of financial assurance,X 15 f- 1�:z RE c r (-)i? BK: 667 F'G 750 Gi].vi� Dav .J, F'i..r1in i� �_� i_ �l r , provided always that such substituted financial assurance is satisfactory to the City Attorney. H. INDIVIDUAL PARCELS - THE ASPEN MEADOWS A. LOT 1 - THE ASPEN INSTITUTE: Lot 1 is the Institute Property and is zoned Academic (A), Open Space (OS) and Wildlife Preservation (WP), all according to and as shown on the Plat. New development on Lot 1 has been approved for 50 new lodge units totalling 78,360 gross interior square feet, for 110 new and renovated lodge units, a health club renovation and expansion of 1,800 gross interior square feet, a restaurant renovation and expansion of 2,000 gross interior square feet, a renovation and expansion of the tennis shop of 980 gross interior square feet and the creation of an underground parking structure for 97 cars below the reconfigured tennis courts. 1. Dimensional Requirements The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) Zone District are shown on the Plat. 2. Off -Street Parking - The Institute shall maintain 97 off-street parking spaces on Lot 1 until completion of the underground parking structure. 3. Site Improvements �(a) Utilities. All telephone, electric and cable lines on Lot 1 servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City sand of the ACSD and as built easements will be provided as required. (b) Landscape Improvements. Institute shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book _� at Page r , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed- ?:l•U9324/9 1.6: 13 R DI::' 667 PG 751 Pi. , - kin Cn*_, 1?rk, Doc -.00 upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 1 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as that portion of the financial guaranty provided for in this agreement, which covers the estimated cost of such unfinished landscap- ing, remains available to the City pursuant to the terms of this agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off -site trails to the development's trail system, including (a) an easement for a trail link from Lot 3 (Physics), running behind Lots 7-10, to Meadows Road, and (b) the trail easement between the tennis townhouses and restaurant .�/� Written easements shall be executed and conveyed after trail constructior�"' confirming the as -built location of each easement. The Consortium and City agree that the racetrack trails are not to be improved. While the Institute is granting the Easements it shall have no financial obligation whatsoever for any trail or related work on the trail around the track or the trail between the Tennis Townhomes and the restaurant as shown on the Plat. 5. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost o �%y such improvements, Institute shall guarantee by irrevocable bond, sight draft of — letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, the Institute and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably" necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Institute to City, in all events, shall give the City the unconditional right, upon and following default by the Institute, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested 17 i;t_; I'f:: 667 PG 752 , Cl. e , il. pia Davis, F'itk:in Cnt. outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Institute. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he /shall authorize the release from the guaranty delivered by Institute of the agreed 1 estimated cost for that portion of the improvements except that 10 % of the actual cost of the site or landscape improvements shall be retained until all proposed site (for landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Institute shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 6. Employee Housing Under the terms of this Agreement the City acknowledges it has granted the Institute a GMQS development exemption for essential public facilities from competition and affordable housing impact mitigation for the Institute's existing and new facilities. B. LOT 2 - MUSIC ASSOCIATES OF ASPEN: Lot 2 is the MAA Property and is zoned Academic (A) and Open Space (OS) all according to and as shown on the Plat. Current development on Lot 2 consists of the performance tent, the back stage area, a gift shop, a refreshment stand, a box office and a parking lot. Approved new development allows for a music tent back stage expansion of 1,500 gross interior square feet, a new rehearsal/performance hall of 11,000 square feet of floor area and an expansion of 100 gross interior square feet to the existing gift shop. Additionally, approval has been granted for a re -configuring of the tent to increase tent seating to a total of 2,050 seats. FARs and the definitions thereof for the rehears- al/performance hall shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive, for not less than the three year period next succeeding June 10, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. 1. Dimensional Requirements The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) Zone District are established on the Plat. M. 0 #7_34 093 7' :_? 1 %::'_'4;' 2' 16: 1.3 f0 1>4i it) . C)(_) BF': 667 PG 753 Silvia. Davis, F'itk:ir-( Cnty Clerk,, DOC 2. 3. El Off -Street Parking The parking lots at the South end of Lot 2 shall be reconfigured to allow for off street bus drop-off, a new pedestrian trail through the parking lot, the addition of bike racks for concert goers and parking for approximately 274 automobiles, as shown on the Plat. Site Improvements (a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written easements confirming the as -built location thereof will be provided if and as required. (b) Landscape Improvements. MAA shall abide by and substantially conform to the tree removal and landscape plans as recorded as part of the Plat in Book A_ at Page 5-, et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed - upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 2 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even thou g the landscaping improvements related thereto have not yet been complet ed, so long as the portion of the financial guaranty provided for in thi agreement hereof which covers the estimated cost of such unfinish landscaping remains available to the City pursuant to the terms of th' agreement. All tree replacement shall be on a one-to-one caliper inc basis throughout the Project as a whole with minimum size at 1 1/2' caliper. Financial Assurances In order to secure the construction of the site and landscape improvements InV Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of�'_/ such improvements, MAA shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in 19 {:t-N40a3(i)1/''24/92 16: 1 kec $400. orli::* 667 F'G 754 'Silvia. Da.vi: , F'itk:in Cnty Clerk:, Doc $..(-)i; the amount of such estimated costs are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, MAA and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b), above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by MAA to City, in all events, shall give the City the unconditional right, upon and following default by the MAA, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already 1 constructed before the unused remainder (if any) of such guaranty is released to MAA. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by MAA of the agreed estimated cost for that portion of the improvements except that 10 % of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, MAA shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 5. Employee Housing Under the terms of this Agreement the City acknowledges it has granted MAA a GMQS exemption for essential public facilities from competition and affordable housing impact mitigation for MAA's existing and new facilities. C. LOT 3 - THE ASPEN CENTER FOR PHYSICS: Lot 3 is the Physics Property and is zoned Academic (A) and Wildlife Preservation (WP), all according to and as shown on the Plat. Development on Lot 3 consists of meeting facilities and library building for Physics. No new development is approved by this plan; however, new development with appropriate review is not precluded. 20 fl:7=F93 i 01 /:=4/ 92 1.6: 130C $4UC), C)0 F:: 667 F'G 755 ._,ilv:i.z�. Davis, Pi.tkin Cnty Clerk, Doc 1. 2. Site Improvements �/� (a) Utilities. Physics shall install and hook up to a sanitary sewer service forte all buildings currently not served. Such improvements shall be inspected and approved by the Aspen Sanitation District and shall be conveyed to the District upon completion, inspection and acceptance by the District. Physics shall, if necessary, convey to the District a perpetual twenty foot. as -built easement extending ten feet from each side of the centerline of all newly constructed sanitary sewer lines, and a construction easement extending an additional five feet on each side of the centerline. Physics shall, within two years of the date of recordation of this Agreement and the Plat, complete the sanitary sewer improvements or post a financial assurance in an amount and form mutually acceptable to the City and Physics to guarantee completion of the sanitary sewer installation no later than thirty months from the date of recordation of this Agreement and the Plat. Financial Assurances In order to secure the construction of the site improvements in Paragraph 1(a) above and to guarantee 100% of the estimated cost of such improvements and related re -vegetation of disturbed areas of Lot 3, Physics shall guarantee bye irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs are held by it for the account of City for the construction and installation of the above - described improvements. All financial assurances given by Physics to City, in all events, shall give the City the unconditional right, upon and following default by the Physics, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Physics. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Physics of the agreed estimated cost for that portion of the improvements except that 10 % of the actual cost of the site improvements shall be retained until all proposed site improve- ments are completed and approved by the Public Works Director. At anytime and from time to time, Physics shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the 21 /2 4i 9 ' 1.h: 1.3 F\'ec $4i?k E:K 667 PG 756 3i]. ia. Da.vi_,, F'i.LErin Cnty requirements for form and content above set forth. Any such substitution shall rj be subject to the prior approval of the City Attorney in his determination. 3. Trails The Final Plat depicts a trail easement across the Physics Property from Gillespie Street to the race track trail on Lot 1. Physics and the City agree that this trail easement is not to be paved. Physics is granting this easement but has no financial obligation of any kind for the trail or any related work. D. LOT 4 - CONSERVATION LAND: Lot 4 is to be sold by Savanah to the City of Aspen for the purpose of open space. Lot 4 shall be zoned Wildlife Preservation (WP). It is the intention of this zone district that this Property remain open with a trail system and appropriate bridge connections to the Rio Grande Trail. Neither the Consortium nor any of its individual members thereof �\ Shall have any responsibility whatsoever for the construction, installation or maintenance f any trail or other recreational facilities to be incorporated into Lot 4. Exact trail locations must be approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to preservation of existing topography. 1. Site Improvements (a) Utilities. The Final Plat shows utility line easements as existing and proposed for electrical, gas, storm and sanitary sewer, and water. E. LOT 5 - THE TRUSTEE HOUSES AT THE ASPEN MEADOWS: Lot 5 is Savanah's Property and is zoned RMF according to and as shown on the Piat. Existing development on Lot 5 consists of the eight trustee houses, each of approximately 1,750 square feet, consisting of three bedrooms and two baths. Development has been approved for an expansion and renovation of the existing trustee houses to create eight three -bedroom units of 2,500 square feet of FAR each. In addition three new trustee houses shall be developed on Lot 5, one on the South end of the existing units and two on the North end of the existing units. Each new unit will be 2,500 square feet of FAR with three bedrooms. Total build -out on Lot 5 shall consist of eleven units with thirty- three bedrooms and 27,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year 22 4c_)9.--7 U1 /24/927' 1! 1.3 R .ii F[:: 667 FG 757 11vi�Davis, Fitkin Cnt1erk, Doc r 00W period next succr.cclinl! ;itulr. ; 0, 19A, any subsequently adopted reduction in or change to the definition or calculation of FARs. The three new residences have received an allotment under the GMQS and have received variations for setbacks, height and open space, as noted on the Plat and as described below. 1. Dimensional Requirements and Variations Therefrom The following dimensional requirements are for the RMF Zone District; variations in these requirements that have been granted for the development activity contemplated for Lot 5 are noted: a) Minimum lot size (sq. ft.): 6,000 b) Minimum lot area per dwelling unit: i) 3 bedroom unit: 3,630 sq. ft. c) Minimum lot width: 60 feet d) Minimum front yard: i) Principal building: 10 feet ii) Accessory building: 15 feet (Note. A variation from minimum RMF Zone District front yard setbacks for accessory buildings has been granted by the City to zero feet for Lot 5.) e) Minimum side yard: 5 feet f) Minimum rear yard: i) Principal building: 10 feet ii) Accessory building: 15 feet g) Maximum height: 25 feet (Note. A dimensional height variation for the two northernmost trustee houses has been granted by the City for up to eight feet.) h) Percent of open space required for building site: 35 % 23 #74i)93. 4/9 ' 1.f:,. 1.31 F:ec $4!=)i?.0C) 'L:: 667 PG 758 Silvia , Pitk:in Cnt CLet (Note. Minimum RMF Zone District open space requirements have been' waived by the City for Lot 5 in consideration of the open space otherwise provided in the SPA development plan.) i) External FAR (maximum): l:l j) Internal FAR: no requirement k) Off-street parking requirement: 1 space per bedroom 2. Condominiumization and Six Month Minimum Lease Requirement Pursuant to findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City has granted and awarded condominiumization approval for all eleven units contemplated for Lot 5. Condominiumization of the eight existing units is subject to payment of an affordable housing impact fee according to Section 24-7-1007A(1)(c). The fee totals $64,240 and shall be paid at time of recordation of the condominium plat and declaration for the units on Lot 5. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is waived as to all the condominium units on Lot 5 as approved by this SPA plan. 3. Site Improvements (a) Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the VCity and of the ACSD and written easements will be provided if and as required confirming the as -built location of each easement. (b) Landscape Improvements. Savanah shall _ abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book of 2 at Page S , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed - upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 5 Construction Schedule, but in no event later than one year 24 c=�� E+K' 667 F'�3 759 04 9 "r 01. - 24/92 16: 13 Rec � Davis, Pit -kin rnty C1er.!::, Do,_: S.00 after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been comple ed, so long as that portion of the financial guaranty provided for in this Agreement, which covers the estimated cost of such unfinished landscap- ing remains available to the City pursuant to the terms of this Agreement. - All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off -site trails to the Project's trail system, including the trail easement between the tennis townhouses and restaurant. Written easements shall be executed and conveyed after trail construction confirming the as -built location of each easement. A portion of the trail Easement for the trail from Meadows Roady�" to Lot 4 crosses Lot 5, as depicted on the Plat. Trail construction on this Easement and any other appurtenant recreational facilities and amenities and landscaping is the sole responsibility of the City of Aspen. Neither Savanah nor the Consortium shall have any financial responsibility for any of this work or for the maintenance of any easements. 5. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of � such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance of a building permit for a portion or all of. the renovation and new construction anticipated herein, Savanah and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be appli A first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already 25 1#3*37 C-)1/124/9'22 1•s: 13 Rec $4. WIC) DV:* 667 PG 760 Silvia Davis, Fitk:in Cnty Clerk. Doc $.(-)(-) constructed before the unused remainder (if any) of such guaranty is released to Savanah. As portions of the required improvements are completed, the Public i orks Director shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10 % of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works irector. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the (( \\ requirements for form and content above set forth. Any such substitution shall \wbe subject to the prior approval of City Attorney in his determination. 6. Employee Housing Savanah and the City acknowledge that the renovation and expansion of the eight trustee houses do not create any employee impact because the bedroom count in each unit remains at 3. Savanah shall pay to the City an affordable housing mitigation impact fee for 1.66 low income employees per unit for each of the three new residential units on Lot 5, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of the building permit for construction of any new V residential unit on Lot 5 and shall be paid in proportion to the number of units sought to be permitted. F. LOT 6 - THE TENNIS TOWNHOMES AT THE ASPEN MEADOWS: Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat. Currently there is no residential development on Lot 6. Approved under this plan is development of seven townhome units of three bedrooms and.2,500 square feet of FAR each. Total build out on Lot 6 shall consist of seven units with twenty-one bedrooms and 17,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year period next succeeding June 19, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. The seven new townhomes have received an allotment under the City GMQS and have received variations for height, open space and setbacks for accessory buildings, all as noted on the Plat and described herein. 26 1*•)937 (DI/24/9.2' 16: 13 Rec 4-10. Bkf' 667 PG 761 Silvia Davis, Fiti:in Cnty Clerk:, Doc 1. Dimensional Requirements and Variations Therefrom The following dimensional requirements are for the RMF Zone District; variations in these requirements that have been granted for the development activity contemplated for Lot 6 are noted. a) Minimum lot size (sq. ft.): 6,000 b) Minimum lot area per dwelling unit: i) 3 bedroom unit: 3,630 sq. ft. c) Minimum lot width: 60 feet d) Minimum front yard: i) Principal building: 10 feet ii) Accessory building: 15 feet ote. A variation from minimum RMF Zone District front yard setbacks for accessory buildings has been granted by the City to zero feet for Lot 6.) e) Minimum side yard: 5 feet f) Minimum rear yard: i) Principal building: 10 feet ii) Accessory building: 15 feet g) Maximum height: 25 feet (Note. A dimensional height variation for the center portion of the tennis townhomes has been granted by the City for up to three feet as shown on the Plat.) h) Percent of open space required for building site: 35 % (Note. Minimum RMF Zone District open space requirements have been waived by the City for Lot 6 in consideration of the open space otherwise provided in the SPA development plan.) 27 # 7 4 0 4 0 J. / _'4 / c 2 1-: ]. Rec $40t_ � F_ F:. 667 F'G 762 Silvia Davis, Pitkin Cnty (--,Ie , Dom $.i)c_; i) External FAR (maximum): j) Internal FAR: 1:1 no requirement k) Off-street parking requirement: 1 space per bedroom 2. Condominiumization and Six Month Minimum Lease Requirement Pursuant to findings made during the approval process and in accordance with --� Section 24-7-1007 of the Municipal Code, the City grants and awards condominiumization approval for the seven tennis townhome units on Lot 6 as e approved by this SPA plan. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is waived as to the seven condominium units on Lot 6. 3. Site Improvements Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer (� lines shall be designed and constructed in accordance with standards of the J City and of the ACSD and written easements will be provided if and as required confirming the as -built location of each easement. (b) Landscape Improvements. Savanah shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book 2g, at Page 5' , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed - upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 6 Construction Schedule, but in no event later than one year after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet been complet- ed, so long as the portion of the financial guaranty provided for in this Agreement which covers the estimated cost of such unfinished landscaping remains available to the City pursuant to the terms of this Agreement. All 0:Ek�4U9:_ < <)1 / '4 1.6. 17 RP7.0 ,s�:�.�_,, 667 F_*G 763 Silvia Dia.vis, Ritr:in Cnty Clerk, roe_ tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off -site trails to the Project's trail system. Two trail easements are associated with Lot 6. The first is a minimum three foot wide unpaved walking path which parallels the Meadows Road on the Eastern edge of Lot 6 and the second is the easement on the Western portion of Lot 6 to accommodate the construction and maintenance of the trail from Meadows Road to Lot 4 and across the Roaring Fork River to the Rio Grande Trail, all as depicted on the Plat. Lot 6 shall be burdened with easements for these trails as shown on the Final Plat. Construction of the walking path shall be completed by Savanah in connection with the construction of the improvements on Lot 6. Savanah and the City , acknowledge and agree that all responsibility for construction of and payment for the trail to Lot 4 and any other appurtenant recreational amenities permitted in the zone district and landscaping is the sole responsibility of the City, and Savanah shall have no responsibility for the maintenance thereof. 5. Financial Assurances In order to secure the construction of the site improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and / installation of the above -described improvements. As a condition for issuance of � a building permit for a portion or all of the construction anticipated herein, Savanah and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and- the r�tu-1a lyagreed upon financial assurances shall be delivered to the City prior to issu_an_ce bf the building permit. All financial av assurances given by Sanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, after notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Savanah. As portions of the required improvements are completed, the Public Works Director shall inspeci them, and upon approval and written acceptance, he shall authorize the release 29 #*— -' 01 .. /2-4/916: 1.7% Rec 9. �. i?i� B'::' 667 F'G 764 �ilvi�,. F'itE:in ni_., i�l r�r 4: , Doc. i, ? from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10% of the actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the U requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of City Attorney in his determination. 6. Employee Housing In connection with the construction of the seven tennis townhome townhouse ,6condominium units on Lot 6 Savanah shall pay to the City an affordable housing (' mitigation impact fee for 1.66 low income employees per unit for each of the seven new residential units on Lot 6, in an amount to be calculated pursuant to those ee-guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of-th =bcd permit for construction of any new residents unit on d_shall in proportion to the number of units sought to be permitted. G. LOTS 7 8 9 and 10 - THE RESIDENCES AT THE ASPEN MEADOWS: Lots 7, 8, 9 and 10 are owned by Savanah and are zoned R-15 according to the Plat. These lots currently are undeveloped. Under the SPA, Savanah has been granted approval to develop, on each lot, a single family residence together with an accessory dwelling unit. Each lot has a FAR of 4,540 square feet, excluding 500 square feet of garage, but including the accessory dwelling unit of 500 square feet above grade. FARs and the definitions thereof for the residences and the accessory dwelling units shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not less than the three year period next succeeding June 10, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. The four single family units have specific building envelopes as showy. n the Platand will be subject to protective covenants that will be placed of rec�rd_prior to the sale o _J any of Lots 7, 8, 9 and 10, which covenants will, at a minimum, prov�dt�--fr Fr 2--)=the�-esilishment and incorporation of an association of homeowners with a esi neview Board, at least one member of which shall be designated by the City of Aspen Historical Preservation Commission, which Board shall have original jurisdiction in all matters involving any change to the then existing state or --' condition of any lot; (b) the manner in which each accessory dwelling unit on any lot shall be used, occupied and rented, including the incorporation of applicable standards and guidelines of the Aspen Pitkin County Housing Authority; and (c) the obligation of each of Lots 7, 8, 9 and 10 and each owner, at anytime, thereof to comport with and 30 #..-?4i i91 /'4 i 9 =' 1 6 : 1.3 F-,ec $4 "-' Dilvia Da. -is, F'itkin Cnty ClerE:. Doc $.-10 abide by the applicable terms, provisions, and conditions of Ordinance 14 and approved Subdivision Plat for said lots. The four (4) residences have received an allotment under the City of Aspen GMQS and have received variations for minimum R-15 zone district lot size per dwelling and minimum side yard setback requirements, as noted on the Final Plat and as described herein. 1. Dimensional Requirements The following dimensional requirements are for the R-15 Zone District: variations in these requirements that have been granted for the development activity contemplated for Lots 7-10 are noted: a) Minimum lot size: 15,000 sq. ft. (Note. The minimum R-15 zone district lot size per principle dwelling unit has been reduced to 12,000 square feet for Lots 7, 8, 9 and 10.) b) Minimum lot area per dwelling unit: 12,000 sq. ft. c) Minimum lot width: 75 feet d) Minimum front yard: i) Residential dwelling: 25 feet ii) Accessory building: 30 feet e) Minimum side yard: 10 feet (Note. The minimum side yard setbacks have been reduced by the City under the SPA to zero feet for the West side of Lot 7 and the East side of Lot 10.) f) Minimum rear vard: i) Residential building: 10 feet ii) Accessory building: 5 feet (Note. Rear yard setbacks for Lots 7-10 are as shown on the Plat.) g) Maximum height: 31 25 feet 74 C)0 i?1/;Z.4/9^ 1,f,:7.7 Rec $4t_1 � F*:: 667 PG 76E. Pitl<in Cnt,, C1erk., Doc h) Minimum distance between detached buildings on lot: 10 feet i) Percent of open space: No Requirement j) External FAR: 4,540 sq. ft. Note. The square footage includes an accessory dwelling unit of 500 sq. ft. and excludes a garage of up to 500 sq. ft.) k) Internal FAR: 1) Off-street parking spaces: 2. Site Improvements no requirement One space per bedroom, and one space per accessory dwelling unit. a Utilities. All telephone, electric and cable lines on the Property servicing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and as built easements will be provided as yrequired. It shall be the requirement of Sabah to install all utilities to the lot lines. The utilities stela rbe installed in connection with the construction of the new Meadows Road. 3. Financial Assurances In order to secure the construction of the site improvements in Paragraph 2 above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above -described improvements. As a condition for issuance o�a building permit for a portion-or-all_of_the utility installation, Savanah and City shall -agrees on that portion of the work outlined iri -Paragraph 2 above reasonably necessary to complete the ,work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such 32 i•• '.:�i_,U 0 1 / 241/ 92 J. 6 : 1, F,e� 4 :?C . C?i Bl::: 667 RG 767 73i.1via Davis, Pi.tk:in Cnty C1er-I::, Dot_ $.Cif default and the repair of any deterioration in improvements already constructed before the unused remainder (if any) of such guaranty is released to Savanah�As portions of the required improvements are completed, the Publ W'o' rks Dir�or shall inspect them, and upon approval and written acceptance, �-shaU-a-utfiorize the release from the guaranty delivered by Savanah of the agreed estimated cost for that portion of the improvements except that 10 % of the actual cost of the site improvements shall be retained until all proposed site improvements are completed and approved by the Public Works Director. At anytime and from time to time, Savanah shall have the right to substitute for the form of financial assurance given, so long as such substituting form meets the requirements for form and content above set forth. Any such substitution shalj be subject to the prior approval of the City Attorney in his determination. 4. Employee Housing In connection with the construction of each single family residence there shall be Ll constructed an accessory dwelling unit of 500 square feet above grade. These one bedroom units shall be deed restricted to the low income rental guidelines in effect from time to time as determined by the Housing Authority. It shall be the responsibility of the owners of each of the four single family sites to lease the employee units to qualified tenants as determined by the Housing Authority. The owners shall have the right to select the tenants. A copy of the deed restriction form for these residential sites is attached hereto as Exhibit "D" and is incorporat- ed herein by this reference. At the time of application for a building permit for any residential lot the City 4L shall, if so requested by the lot owner, consider the appropriateness of accepting, instead of the accessory dwelling unit on the lot, cash in lieu thereof or an off -site employee unit. The decision shall be at the reasonable discretion of the City. H. ADDITIONAL PROVISIONS AND AGREEMENTS: 1) Access/Emergency Loon. The thirteen foot service access/emergency loop drive serving the lodge buildings on Lot 1 shall be constructed with an all weather surface adequate to support fire -fighting apparatus. Such access/emergency loop drive(s) shall be plowed, cleared and maintained to thirteen foot widths at all times of the year and particularly during the winter months. 2) Fire Protection. A buildings be served and accessed from the thirteen foot access/emergency loop rive shall have interior sprinkling fire protection/ suppression systems as approved by the Fire Marshal and such system(s) must be -- approved prior to the issuance of a building permit. 33 • _ec �4_3C_7 01/249? 16: 13 F:•iF:: 667 PG 766 Si.l via. Davis F'itk:in Cnty Clerk, Doi_: 3) Fireplace Regulations. All residential units shall comply with fireplace regulations as contained in the Municipal Code and enforced by the Environmen- tal Health Department. No building permits shall be issued for residential units absent compliance with fireplace regulations. Savanah shall replace the wood burning fireplaces in the eight existing trustee house units on Lot 5 with gas log fireplaces. Minor relocations of existing fireplaces shall be considered replace- ment of existing and not the incorporation of new fireplaces. All disputes concerning the application or interpretation of fireplace regulations to the Project (and individual components thereof) shall be subject to review and determination by the Clean Air Board. 4) Drainage Mitigation. Prior to the issuance of a building permit for each component of the Project, a drainage mitigation plan for that component for run- �off during construction activity shall be submitted to and approved by the City Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 5) Fugitive Dust Control. Prior to the issuance of a building permit for each component of the Project, a fugitive dust control plan for that component must `\` be submitted to and approved by the Environmental Health Department and applicable state agencies. Additionally, a fugitive dust control plan must be submitted and approved by the Environmental Health Department for the MAA parking lot prior to issuance of a building permit for the MAA rehearsal/ performance facility. 6 Energy Conservation - Savanah. All energy conservation and efficiency measures as represented by Savanah in its GMQS application and set forth in Exhibit "E" hereto regarding insulation, glazing, solar orientation, HVAC, and plumbing fixtures shall be incorporated into all residential units and the design(s) thereof must be approved by the City prior to issuance of any building permit for residential construction. These measures shall be further incorporated into deed restrictions and/or covenants for all single family homes and condominia. 7) Energy Conservation - Institute and MAA. Non-residential construction and facilities shall utilize state-of-the-art energy conservation and efficiency measures as represented by the Institute and MAA. Accordingly, detailed plans submitted for building permits for the lodge structures and the MAA rehearsal/performance hall must be accompanied by the energy information provided to staff in the Appropriate Technologies Associates' letter of May 3, 1991, Exhibit "F" and the MAA Rehearsal/Performance Hall Energy Conservation Description document submitted to Planning staff on May 20, 1991, a copy of which is attached hereto as Exhibit "G". The engineered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. 34 #k• y7 r C? 1 / ,4 / r'? 1. 6 : 1 = Rec $0 . C iCi I f:: 667 PG 76. Gi.Ivi<�. Da..vi=_s, Pitk:in C n t y Clerk, Doc $-CiCi 8) Fox Dens. The Consortium has constructed replacement and additional fox dens L in a manner and at locations selected in the field by the City, in consultation with the Director of the Aspen Center for Environmental Studies ("ACES"). ^ , 9) Re-Ve eg tation. Re -vegetation of all areas developed pursuant to the Plan shall l!/may be implemented in accordance with those guidelines as set forth by Design Workshop in its letter of March 21, 1991, a copy of which is attached hereto as Exhibit "H". All re -vegetation shall be inspected and monitored by the City to ensure that re -vegetation efforts and the protection of the same are successful. 10) Manicured Lawn Areas. New manicured lawn areas shall be minimized to the extent possible, except in those areas adjacent to the Music Tent, and as shown on the Plat. 11) Construction Barricading. Prior to excavation, temporary construction barricades and/or fencing shall be erected within five feet of the building envelopes of the tennis townhomes and trustee townhomes to prevent damage from falling debris to the slope bordering the development activity unless unstable soils dictate alternative locations mutually agreed upon by Savanah, the Building Department and Planning Office. Prior to issuance of buildin hermits for individual components, the locations of all fencing and barricades shall be submitted to and approved by the Building Department and the Planning Office. All fencing and barricades shall remain in place throughout the construction process. 12) Amendments. Any SPA or Master Plan amendment or future development applications submitted by any non-profit user of the Property (Lots 1, 2 and 3) shall be applied for jointly by all non-profit property owners but need not receive approval of the owners of Lots 5-10 inclusive. This provision shall supersede any requirement herein or elsewhere in the Municipal Code or otherwise contained requiring SPA submittal approval by all property owners within a Specially Planned Area. Conversely, any SPA Amendment proposed to be submitted by i any residential owner or association thereof (Lots 5-10, inclusive) shall require, in addition to the consent of the owners of the residential component involved, the approval of the resident non -profits of the SPA, which approval shall, however, not be unreasonably withheld. 13) Public Access. Public pedestrian access, excluding access to buildings, will continue to be allowed at reasonable hours throughout the entire academic (A), open space (OS), and wildlife preservation (WP) zone district areas of the 35 fk34_.0 C)1./=4113 R e c $4c=? F?F': 667 PG 774 Silvia Davis, Fii._k::in Cnty, Clerk::, roc $.C)C) Property, subject to reasonable regulations as may, from time to time, be established by the owners thereof in order to protect their property, as well as the academic privacy and serenity of the campus, its programs and the health and safety of other users and visitors. 14) MAA Parking Lot. The MAA parking lot shall be plowed and kept clear of snow during all wintertime performances or functions at MAA facilities. III. MISCELLANEOUS A. PERIODIC PROJECT REVIEWS To the extent practical and necessary, every six months following the date hereof until the construction of all components of the Project is complete, the Consortium shall, if requested thereby, meet with the City Planning Office for the purpose of informing the Planning Office as to the progress in developing the Project pursuant to the terms hereof. If the Planning Office deems it necessary, the Planning Office will report to the Aspen Planning and Zoning Commission on the outcome of one or more of these meetings. The Consortium and the City recognize that these meetings, when deemed necessary, are for purposes of providing progress reports and developing mutually acceptable solutions to any problems that may be encountered during construction. B. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that an individual member of the Consortium is not acting in substantial compliance with the terms of this Agreement and/or one or more of the Construction Schedules submitted to the City Engineering Department in accordance herewith (a "Non -Complying Member"), the City Council may issue and serve upon the Non -Complying Member a written order -specifying the alleged non-compliance and requiring the Non -Complying Member to remedy the same within such reasonable time as the City Council may determine. Within twenty days of the receipt of such order, the Non -Complying Member may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist. 36 i34(")9.<<' 011"2: 4/92 L6: 1. _ R,eW4r)(D. Ali_) ref::: 667 RG 771 D a i =. , P i t k i n C n t y Clerk, Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings or pursuant to such other procedures, formal or informal, upon which the City and the Non -Complying Member shall agree. If the City Council determines by the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding of the City Council that evidence warrants such action and affording the Non -Complying Member a reasonable time, not less than thirty days, to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Non -Complying Member, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with which there has been such established non- compliance; however, under no circumstances will a failure to comply on the part of the Non -Complying Member in respect of any obligations that attend that component of the Project for which it is responsible, as outlined above, affect the approvals for any of the remaining components of the Project. The City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances as an alternative disposition of any finding of non-compliance. In addition to the foregoing, the Consortium or its successors or assigns, or any member thereof may, on its or their own initiative, petition the City Council for a variance, an amendment to this Agreement, or an extension of one or more of the time periods required for performance hereunder, or otherwise. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances; provided in all events that the City Council shall not unreasonably refuse to extend the time periods for performance indicated in one or more of the Construction Schedules if the affected member of the Consortium demonstrates that the reasons for the delay(s) which necessitate such extension(s) are beyond the control of such member, despite good faith efforts on its part to perform in a timely manner. Notwithstanding anything in this Section J.3 to the contrary, the foregoing concerning non-compliance and requests for amendments or extensions shall not apply in connection with any matter with respect to which the Aspen City Charter or the Municipal Code has invested original jurisdiction in other boards, such as the Board of Appeals and Examiners. With respect to such matters the rules of practice and procedure established for and/or by such boards shall, in the first instance, apply. Noncompliance with one or more of the Construction Schedules set forth above due to difficulties with fund raising or other occurrences outside of the control of the non-profit members of the Consortium shall be examined in any non-compliance hearing before the City Council and can be a basis for granting a variance from an extension of any of such schedules. 37 *37 011/2''F;9? 16: 13 R c $ DOL�K: 667 PG 772 Gila. Davi_ F'itl::i.n Cnty Cl �. Doc $ _ r C. GENERAL PROVISIONS 1. Notice. Notices to be given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or at such other addresses as may be sustained upon written notice by the parties or their successors or assigns: City of Aspen: City Planning Director cc: City Manager 130 South Galena City Attorney Aspen, Colorado 81611 Lot 1: Aspen Institute 1000 North 3rd Street Aspen, Colorado 81611 With a Copy To: Gideon Kaufman Wheeler Square Law Offices 315 East Hyman Avenue Aspen, Colorado 81611 Lot 2: Music Associates of Aspen 2 Music School Road Aspen, Colorado 81611 With a Copy To: Alan Schwartz 106 South Mill Street Aspen, Colorado 81611 Lot 3: Aspen Center for Physics 700 West Gillespie Aspen, Colorado 81611 With a Copy To: Nick McGrath 600 East Hopkins Avenue Aspen, Colorado 81611 Lot 4: City of Aspen/City Planning Director 130 South Galena Street Aspen, Colorado 81611 • fl:74C)97 7 i)1/^416: 17 F� $400.00 F F`: 667 F'G 773 Davie. F='i�nt; Cler F::, Doc T. Lots 5, 6, 7, 8, 9 and 10 Savanah Limited Partnership 600 East Cooper, Suite #200 Aspen, Colorado 81611 With a Copy To: Robert W. Hughes Oates, Hughes & Knezevich, P.C. 533 East Hopkins Avenue Aspen, Colorado 81611 2. Binding Effect. The provisions hereof shall run with and constitute a burden upon the title to the Property with the exception of Lot 4, thereof, which is not a part of the Aspen Meadows Specially Planned Area, and shall be binding upon and shall inure to the benefit of the Owner, each member of the Consortium and the City and their respective heirs, personal representatives, successors and assigns. 3. Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. 4. Vested Rights. Pursuant to Section 24=6-207 of the Municipal Code, a Vested Property Right is hereby established for all development activities (including the siting and massing of building improvements) approved by this Agreement and, accordingly, for the three year period next succeeding June 10, 1991 no zoning or land use action by the City, legislative or otherwise, and no citizen initiated zoning or land use action shall in any manner alter, impair, prevent, diminish or otherwise delay any development activities or use of the Property approved by this Agreement, except: a. with the consent of the owner of the property affected by such action; or b. upon the discovery of natural or man-made hazards on or in the immediate vicinity of the property affected by such action, which hazards could not reasonably have been heretofore discovered, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare; or C. to the extent that compensation is paid as provided in Title 24, Article 68, C.R.S. Nothing by the establishment of this Vested Property Right shall exempt the development activities or use of the Property contemplated in or by this Agreement from subsequent reviews and approvals which may be required by WE 4—)4(_)VO C?1 /^4/c ;2 16: 17 F;pc $4i_,(j *Fit::: 667 PCB 774 Silva._. Davis, F'itl::in Cnty Clerk:, Dr,r-: $ CC) other provisions of this Agreement or the general rules, regulations and ordinances of the City provided that such reviews and approvals are not inconsistent with the development activities or use of the Property contemplated in or by this Agreement. Moreover, the establishment of this Vested Property Right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City including, but not limited to, building, fire, plumbing, electrical and mechanical codes and in connection with any such development activities or use of the Property, the owner(s) of the property involved shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless such owner(s) shall have been granted an exemption therefrom in writing. Nothing by the establishment of this Vested Property Right shall preclude judicial determina- tion, based on common law principles, that a vested property right exists with respect to any development activity or use of the Property approved by this Agreement, or that any subsequently enacted or citizen initiated zoning or land use action has resulted in a compensable taking of all or some portion of the Property. In the event of a final determination by the Aspen City Council of a noncompliance with the terms of this Agreement by any Consortium Member, then so much of the Vested Property Right hereby established as relates to that component of the Project for which the Non -Complying Member is responsible, as set forth above, shall from then and thereafter no longer exist; provided that if such determination is ever judicially invalidated then the Vested Property Right formerly extinguished shall, ipso facto, thereupon be revived nunc pro tune to the time of the City Council's determination of non-compliance. 5. Expiration of Development Allotment. The development activity contemplated in Subsection G of Section II of this Agreement shall be eligible for exemption from expiration under the provisions of Section 24-8-108 of the Municipal Code, notwithstanding that a building permit is not sooner obtained in respect of such development activity, if on or before three years next succeeding the effective date hereof application for such exemption is made by the owner(s) of any of Lots 7, 8, 9 or 10 and by the time of such application for exemption any conditions set forth in this Agreement relative to the development activities contemplated in Subsection G of Section H, which were to have been met by the time of such application have, in fact, been met, and all contemplated utilities have been installed to the lot lines of Lots 7, 8, 9, and 10 and the work and activities contemplated by Subsection D2 of Section I of this Agreement have been completed. 6. Severability. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section or the application thereof in any circumstances is validated, such provision, paragraph, sentence, clause, phrase, word or section shall be severed from the Agreement and the remainder shall remain in full force and effect. Ell] i� J77 01 /.27A P7,._' 16: 13 Rec q:� r is a F3k:: 667 F'G 775 �; i s D v;>, Pi t k: i. n C, m y �� 1 F� �.:. , D o �_ �. c j 0 7. Incorporation of Recitals and Written Submittals. The City and the Owner hereby stipulate and agree that the recitals preceding this Agreement, and all of the written submittals (as amended and presently effective) made by Owner to City throughout the course of the Aspen Meadows SPA approval process, shall be deemed to be part of this Agreement and to be incorporated herein by this reference. The City will, upon request from interested parties, including prospective purchasers and lenders, and within a reasonable period of time following such request, issue appropriate written certification as to the compli- ance, or lack thereof, of any component of the Project with such recitals and written submittals. 8. Entire Agreement; Amendment. This Agreement contains the entire understand- ing and agreement between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. 9. AccQtance of SPA Final Development Plan: Ratification by Owner. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the SPA Final Development Plan and Subdivision Plat for the Aspen Meadows, and to accept the same for recordation in the Recording Office of Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For its part, Owner hereby ratifies and confirms each and every representation set forth in the Plan, and made in the course of submittals and hearings (as amended and presently effective), upon which approvals granted may have been based. 10. Reasonableness. In all dealings with one another under, and in connection with all determinations or interpretations that are to be made pursuant to this Agreement, the parties hereto, their agents, employees, designees and affiliates, and any third parties called upon to make any determination pursuant to the provisions of this Agreement, shall conduct themselves reasonably, fairly and in good faith. INWITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above -written. ATTEST: Kat�r'yil� ch,"City Clerk THE CITY OF ASPEN, COLORADO, a municipal corporation By: S ` 3 Johl Bennett, Mayor (Signatures Continued on Page Following) 41 #._ o7f 01 /24/5 7'' 1 13 Rec $/t . 0C) E,f::: 667 PG 776 Silvia Davis, F'iti::in cnty, r1F,rl:, Doc.' $.Oc; STATE OF COLORADO ss. COUNTY OF PITKIN SAVANAH LIMITED PARTNERSHIP, a Distr ci t of Columlia limited partnership THE'A-&`EN INSTITUTE By: ' MUSIC ASSOCIATES OF ASPEN By: ASPEN CENTER FOR PHYSICS By The foregoing instrument was acknowledged before me this Z_ day of I! A N u f-1 12 , 1992.E by a m iq Nip M i t"l as �-pa q qAl i N F L+ T for SAVANAA LIMITED PARTNERSHIP, a District of Columbia timited partnership. WITNESS my hand and official seal. My commission expires: 7 (Notarial Clauses 42 • # 7. ,0. i93 � 0 �4/9^ 16: 1' F��'E #�4i>i„ i?c:r ELF: 667 F'r 777 1. C n t C 1 e r l,: , Doc ,i1•::i.<� Davis,, r•itE;in r STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument Vs ac�nowllr fo e me is day of 1t l�l U 199yby� V.. I � , _6L —, 41— as for/ THE PEN INICTUTE. A WITNESS my hand and of A_ ���' \\ 0 T ---My commission expires- _c � -f AAL)� '�t %" o Sao `i L C .O •, �F COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowlPdaed—befe-r-e—me this day of G N U , 1992 ,."by ZO T k A P as for MIOSle WSSOCWIN f—ASPEN. WITNESS my hand and offici My commission expires: 7j- E�� o ;STA R, l,,',, 'OLORADO ) COUNTY OF PITKIN ) The foregoing instrument was acknowledged befo{� me t is day of A N U 14Q.\l , 199y,, by o p_ T t M4i f-f as `� _ ,�Y�J,,, fr —A P 'ER FOR PHYSICS. (SEAL) WITNESS my hand and official v�'' My commission expires: 7 �'�f7,�nah\agmt�- ,,.,nncado.agt 43 47401 i (?1:'7,4/92 16: 1.3 Rec $4<_,(_). 0, EW:* 667 FG 778 5311.via Da.viPitI:.- in C n t y Cl e r-k Doc APPENDIX "LIST OF EXHIBITS" PAGE NO. EXHIBIT DESCRIPTION 1 A Legal Description of Property 6 B Traffic Mitigation 8 C Utility Cost Estimates 33 D Deed Restrictions for Single -Family Sites 34 E Energy Conservation and Efficiency Measures 34 F Appropriate Technology Associates Letter 34 G MAA Rehearsal/Performance Hall Energy Conservation Description 35 H Design Workshop March 21, 1991, Re -Vegetation Letter savanahVnisclappcndiz.01 44 +k=.;}ii9= �'0:1./24/9''' 1.6. 1.3 F $4OO. 0 R*:. 667 PG 779 i i. 1. v i ok D a v i <s , P i it k: i n C re C 1, e r- I:, D,::) c EXHIBIT "A" The Aspen Meadows I,h;CAL UESCRIMON A tract of land located within portions of the North 112 of Section 12, and the South 1/2 Section I, Township 10 South, Range 85 West of [lie 6th Principle Meridian, Pitkin County, State of Colorado being more particularly described as follows: Bee!inning at the center north 1/16 corner of said Section 12, described as such on (lie "Plat of the Aspen Meadows Subdivision Exception" and being n found in place 3/8 x 1 inch steel bar. 'flrence N 94' 14' 00" W. along the north line of Ben Deane Lot Split Subdivision and Castle Creek Subdivision, 797.62 feet to the easterly line of Red Butte Cemetery; Thence along the easterly boundary of said Red Butte Cemetery, the following nine (9) courses: 1) N 17" 40' 15" E, 84.75 feet; 2) Thence N 13' 01' 35" W, 65.00 feet; 3) Thence N I 33' 10" E, 96.62 feet; 4) Thence N 1' 50' 20" E, 114.04 feet; 5) Thence N 14' 30' 25" W, 64.31 feet; 6) Thence N 4' 08' 30" W, 286.13 feet; 7) Thence N 21' 28' 50" W, 171.56 feet; 8) Thence N 16' 21' 15" E, 305.82 feet; �)) Thence N 1" 02' 20" W, 33.38 feet; '111c11ce N 88' 35' 15" E, 392.52 feet; Thence N 50 30' 00" E, 38.99 feet; Thrace N 7" 06' 18" W, 14.77 feet to the southeast comer of Lot 10, Black Birch Estates. 'thence nlong the easterly boundary of said Black Birch Estates, the following four (4) courses: 1) N 29" 54' 00" W, 199.72 feet; 2) Thence N 14' 17' 00" W, 119.61 feet; 3) Thence N 15' 03' 00" E, 94.24 feet; 4) Thence N 52' 19' 00" E, 57.18 feet to (lie center line intersection of the Roaring Fork River and Castle Creek; Thence southeasterly approximately 3000 feet along the centerline of the Roaring fork River, being described by the following seventeen (17) courses for the purpose of acreage calculations only, and is not intended for the establishment of boundary lines: 1) Thence S 40' 10' 12" E, 126.35 feet; 2) Thence S 64' 18' 32" E, 131.86 feet; 3) Thence S 82" 09' 52" E, 384.76 feet; 4) Thence S 50' 54' 59" E, 92.62 feet; 5) Thence S 17' 30' 46" E, 203.65 feet; 6) Thence S 19' 45' 08" W, 250.14 feet; 7) Thence S 10' 22' 00" W, 192.51 feet; 8) Thence S 44' 55' 01" E, 119.52 feet; 9) Thence S 82' 30' 46" E, 269.67 feel; 10) Thence N 76" 46' 09" E, 141.40 feet; 11) Thence S 8.4" 08' 11" E, 120.42 feet; 12) Thence "S 51' I V 12" E, 217.42 feet; 13) Thence S 70' 55' 07" E, 239.71 feet; 14) Thence S 35' 54' 39" E, 162.80 feel; 15) Thence S 9" 06' 17" W, 129.26 feet; 16) Thence S 41' 26' 27" E, 115.37 feet; 17) Thence S 76" 13' 42" E, 102.93 feet to a point on the westerly houndary line of Lot 1A Second Aspen Company Subdivision; #34( WI /274/92 6: 13 F;ec >4i )< , r,- K. 667 PG 713O Silvia Davis, Fitl::in Cray Clerl::, Doc _f=) d:. rl Thence along the westerly boundary of said Second Aspen Company Subdivision, the following two (2) courses: 1) S 0" 27' 00" E, 470.00 feet; 2) Thence S 16" 35' 00" E, 723.96 feet to a point along the north right-of-wny of Gillespie Avenue; Thence N 99" 58' 15" W along the north right-of-way of said Gillespie Avenue, 869.13 feet to the west right-of-way of Sixth Street; Thence along (lie west right-of-way of said Sixth Street S 0" IT 00" E, 199.71 feet ton point along the north right-of-way of North Street; Thence along the north right-of-way of said North Street N 75' 12' (K)" W, 269.67 feet; Thence S 14' 47' 30" W. 9.06 feet to a point oil the Aspen Township Line 5-6; Thence N 65" 30' W" W along said Aspen Township Line, 498.80 feet to n point along the east right -of --way of the original Meadows Road; Thence along said east right-of-way of said Meadows Road the following five (5) courses: 1) N W 54' 00" W, 400.71 feet; 2) Thence N 65' 21' 00" W, 6.72 feet; 3) Thence N 0" 54' 00" W, 19.12 feet; 4) Thence along the arc of n curve to the right, having n radius of 1403.09 feet, a central angle of 8' 33' 12" for an arc length of 209.46 Net, and whose chord bears N 3" 22' 36" E, 209.26 feet; 5) Thence N 7' 39' 12" E, 296.47 feet; Thence N 84" 14' 00" W. 84.21 feet to the True Point of Beginning and containing 84.536 acre more or less. y7-22-02 11:10 COLDWELL *KER ASPEN r ID=97 64378 P92/02 P75 THE ASPEN INSTITUTE Amy MARGERTIM Executive Vice President, AdmutiQtrauon and Financc July 16, 2002 Julie Ann Woods Planning Director City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms. Woods: I am writing to you on behalf of The Aspen Institute, owner of Lot 1 and Lot IA, Aspen Meadows Specially Planned Area. My letter is to confirm that the Institute consents to the request filed by Charles Marqusee, Helga Marqusee, and H. and C, Marqusee Inc. to Merge Outlot B, Aspen Meadows Specially Planned Area with other parcels owned by these parties. Please contact me if you have any questions or need additional information. Sincerely, 100() North Tntird Swcct Amy/Njargerum Seni ice -President of Administration Aspcn. co S16I 1 PH 970544.7905 FX 970.544.7908 amymoaspeninstitutc.org www.a.spcnimtitote.org ■ P76 is r 1 LINE-i A1)e11JkSr1'311j'Nr1'1111iv, COMMUNITY_ DEVELOPMENT APPROVAL CI - - - - -- TY ENGINEER APPROVAL THIS ANTHONY/i �A GX�EE LOT LIN FLAT WA5 T} I15 gNTI IONY/M C ��EE LOI LINE AQJ(�TMEf_r PLAT WAS �EVIEwED �f� AI�Fr� �� 6�--n-�E r�l��-�.- .- �aL DFP�:�:rV>=r;, �_ �VIE�n/�D A1�ID A�'r�0✓ED r�YTI--IE CITY ENGIt�IEErz OF OF COMMUI I ITY DE/� LOF 1- I T OF THE UTY �F .45I'EN, CC Ll n -' - TG 15--------- DAY OF - ---- �` F CITYOF ASPEN CQLC ADO Ta III----------��Y OF - - _ 2ca� r- 15g D O s R-15 p �° �_y �� SURVEYOR#S CERTIFICAT 800 Q n Jf�MES F i� �_ H 13� 5TMCEtzrl%IFYTHALIAtZAN OENY PEFAte lDEJZ Y �✓f/11ENT LkT W45 r 5/ AND 15 6/Y�ED ON A U JOXZVEYS PEf2�C3FN?D mac` Mom_ AND WHGG IACtC�E= ACADEMIC p no iNIN LIMIT OF 1 : 10 0fr) AND WEB PERfO�f-] �����T vj 1 f crJRDr E WITI C�JIoi O f�EVIS t� STATUTES I'M >posed to be Rezoned to R-15 c= �S' (� I1 LE 3� A+�ncLE 51 LaMENDED Fa aTO-nrMe ITFIEA�PEI 1IUI�ICIP14LCC-?DE 2Co.L�.CXcO. I% 0 NORTH rs��' `os3 N1�V .ME4D0WS��5 Dp�o 1�7f'�ROAD R2•Og -W TLP_IEI�__��Dd OCRN F�ND 1'�G�G G 4a3 IE----v-E- - 15�tz-------- ----- _- - RECORDING CERTIFICATE ------ ITJO,v, 35-, Proposed to be Rezoned to R-15 v CN E �u_ lE�J��r �E P LAB alr�r E / �15PE�,20 L-� Cx1NTYcLE�,4ND Ec�E�2 o Vacated Under ^� N THIS ---- ° R-15 Ord. No. 14, h s 4 " 2��Z--------- PLfT CX�K--------- E Series of 1997 AT P A - LOT ' I ��- h��; �� ------ I ONE 8 LOT TWO - - _ �_ s� N�TA F'UC�LIC ------ o� o '.4 TOTAL- 10310 .i=T TO-FAL ICo g--/i2 O R-15 S 0� 2/.97 --I fZ/�GT10N� LOTS A_-F,—C�LG�K 7, 5G3LI SQ. E IrJTE PfVG�LY VbGATED t�t2EVICUSLi VAC�T�D ---- ------------------ �Y'� _ FllONS OF E1+=1 Tl )T Z AND tJOI�TH �T. fZIG T� FOFT,ONS OF EIGI-Ij-H Sif�EET- 10 OF, WAY 4/ AND N012TH SrI`.EET 15 . �T. OF WAY, 10, O(rC3 FT. (SEEt��'E'31 -Ir131 pQ (SEE NOIf.'�) Vacated Under Ord. No. 11, Series of 1993 o o �I STAi----------- R-6 THE NOTETHEF=<F�nINC� INST�U�IENT Wft�i�CKNOWLEG�ED [ F"FC� ME TrII�-------- -. __-------- 2� UY CF-I,�LL� g, J✓IAf�, SEE. ----- PAY OF , Ml'' COMME�ION EX91I'E5., _ OUT LCT I WITN� MY F IN�ID AI U�FICa4.0 SEAL, ---------- 15 HERE OWNERS' CERTIFICATE KNOW ALA MEN aYTT IESE I"tFESl=NTS THAT GNA�LE� 6. THE O MAv� E, CUEING V�/NEiC OF Ffz O 10I- , LUTE AEI p H nlL K 7, C I JY WITH Tf AF_Z JA�N VaGN,N.T�ELD b TrY O F Efz S5 K T AND EIGHT}- ST�Tb OF ► (AR SEE COLOfeAcO THAT T H G C CNAi�L1=5 �C�, ���QI�EE �UE I NG Ta--I E OWIJEfz OF CUT -LOT b OF T%I1 ASPEN ME�1 LZ�WS FINAL, S.P.,A. DEVELOFt�ENI->- F�NI AND FINA SUI3DlV1510N PLAT A5 KEC0f�'_DEp IN FLAT E50DK 28 AT r-ASE Cn ET THAT QL)"E ANTF IONY bEINC� THE Cx,vNEfz OF FKFC7' ' -iAL LOTS A,D G D SlbTtF,Enr A�CIDIDJITY AND -FOWI��ITFOF A-I-EfJTHEE A-�CENT UAC/TE7NORTH �Of�T1Gt�1� O >=ICE-ITI-I ST�KEEI'� HE-�EC'�Y AC�� TO T_N� L4Y CUT AND j=LTrTIN6 OTHE AC7VE- Dt✓xKII 1D Pfz1 IAMF_ BIND �TYLF Ol LOTS ONE AND TWO OFAt-4THOINY/MAf�Q_>jEE LcF UNE SAIJD OUI-Lf�T D�THND711�IT0 _)Alf) LL�TS C?I',E AN✓ TWtJ A5 Dl=I�I GTE I� ON -TH I- _:5 PLAT. TJ--IE Uv✓NEfRg Ht Ft3 - EtIr2THEiz A .'f�� TO THE �OVI`OIONS SET Fc TI I IN THE NOT�� c �� i� r- j_AT I�ND TO THE ��pLL l ✓ OF APf Ca/,� 5-1- THE CITY OF ;��fEN, GHAi�Lh,�-) 15 F,x i=ff----------- ------------------------------------- CMAi�-'QUt)EEOF H 4 G MAC LSE N6. A COLS CC? COI T1C?N ----------- --- - - - �ULJEA ILEA ,+ONY------ -- NOTICE: Accordu iq to Colorado I—— _.. upon any detect in this survey within three years after you first discover surh tlefect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. W vJ Z Z C� W ---------------------- STATE- ''-OLJh�T`�- _? IE�ING IN�Tt��Iv1Et ,'T WA5 /CKNIC:�+i":ED rAY OF_LEI __--_-.---___-- 2 i3Y CHAi�LES C`. MLYF AS T1�l�lE OF H �` G MA1`�-QU;�EE, Ct�. \ "�lY CIJMMIION EXPIFZI �� - _-- IITNE��--_—_- �.- ---------- OFFIDAL AL ,- ;1._- -------------------------- I.OT�>zY PUELIG- STATE o,- T il= FOt*Eecl IN�T UME]�7 '�d; j AC#GNOWLEDC�EI� CSEK�E NTHION ---- -SAY OF ----- --- --- � LAY 6ULI E K�AT NLEEi�I Y - rr NITNE M\f K_V AND %FFIUsvI /�1------------- AIruna Ii__ Post Office Box 1730 Aspen, Colorado 81612 970 925 2688 -------------------- NOTA>;Y I�COLJC --------------- --- ALLEY BLOCK 8 C CURRENTLY SIGNED "NORTH STREET " a OF TI- ONLY ARE- I' ASFE}-� - 1, IE.feG LDT LAN P >N I� � fe ECs Mi=�W� SPA��XJC'UDIVI�ICC�IJ NED V I TJ-I LOT OH E AN P LOT TWO ANTI- Wr/ E AGZJUSNIE Tt-tT At) IN- ICATrD 6�j TN_I WITHIN CUT -LOT FD ASPEN MEAI✓pn/5�� d FJD 5+ a ALL tQl r�I SUrJT TO TH E ASPEN 1✓IEAIX�vVS FINIAL S.FA, 4--I Af--ID FI NAL EjJP>DI VI51(I PLAT A 5 T I X�IG 22� AT P/ GE C_ ET SEGZ. OFTI IE �I I SIN CC�JNTY rLEP� ,4ND rZ��.� OF THl= C)F-VEt-OFVI�T AND �EEMENF r THE f:�t-ECc(qFI4LLY PLANNEt� OF THE FIT �OUNTEC� E T SEQ. f ,ECOf DEf . _r1_wULr, WITHIN L0FCOHE 1Ai-_I-0 L 2. 5LE LOT UNE ALIJU�-:DTMENT Nip QED IN SFLOOF, EA PATIO CALC( CDIOF E( T7W 2Co. 571_�5. 02 5N 05 MAY 5E AMUEN� IIN Ti- 'Pt'- - LOTD OF ltlbO ,K I AND [5 LT TO T 1-IE AND 5PE�1 MEAC�Tn/5 ,S.P.R./�(3D1 I DLO-K 7 WI-IICN �T TWO ANTI ANY/ )LATIOHSEUNDE RTHE D OF THE. ASPEN f'- THAT SUCH E FUTUKE . THF_ CXK 7 SHALL NOT 13E �EG?UII�EMENTS OF 3' T H F_ GI TY OF ASPEN VACATED THCY-DE FOf�T L- NS C>F N, f T H ^J- ID EJGI--ITI-I STf,E TS II".UJDED WITHIN LOr ONE AND LOTTWC7 TO Of��pI1J/MARQU5EE LOT LINE ADJL�TMENT f SUAt 1T` SESEOF�VA\CATED �IG�46 OF�V�rR�MA CE ?ENTLY SIGNED "NORTH STREET " ) Surveyed Drafted Revisions V K-11NI I T MAN ACADEMIC STREET SMcK�GLEtZ w HALLAM U i3L�-K�fz MAI N 1-771 D 1575°III I°E 75 DA51� OF dEA1�It�JG CITY AK CAP MONUMENT AK `t lnl R-6 ck Q n�t(J2_ 41jes ,p , also fz aP e IPl4�NJGC cpb�,,4} ply+ 4 ;� �r �R i V'Ca& CJev, I--4 LtA(12- W h Title / IFLINE ADMUS NT PLAT Job No 1 2 - 71 Client 51---IEET I OF 2 DESCRIPTION OF LOT ONE A F^fzC.EL OF LAt 0 I N THE GT`r OF COUNTY OF ff IT+:lN, ST^T -- OF COLOfZ7�" COW -A ,�-:5 1 tJG OF FfF,AGTIONAL LOTS (AND H BLOCK I Ai�-)PEN TCvfN:-:-!DITF- VACATED POfzTiONS OF EIC:;4l AND NOrT" ; AND THE WE, iD t�1zTlOhf OF CL�T-l�OT f-EN MG�n/� JFf�15UC�DIV151C?N �t�fOPE F'/41, �ISLY FOLLOWS ° C'�FGINI�IING ATT�-IE INTfff--JFLTION OFTHE GEIJTE1zLINE OF V/\CATED k-p TH �77,-EET WITH THE OF VACATF-0 E.I C-44-FH THENCE 50UT-H 7,5°/5'47" WEST 33.`lU FEET� TC THE WITH TH f EA�Ti Z LY L-I N E- Of- 0 L P f✓1 fE�OAD " THENCE f-O�-,TI-I SAIO EASTEfzLY LIME OF OL.D MEAC�� � �� FHE.NGE �HE .701 FEET ALONG TA.f�CUf G OF A -'/F_ TOTHE BIGHT HA/II--�G A OF CoCvO" 00 FEET A CE�-F f,AL ANGLE OF 7000' 21 " AND WI-ZI E GNOizD NCrz!7-I 10.44' 03 ° WEST bO.Co51 FEET ALONG SAID EAt'�Tff-F--L'f LINE OF OLD MEADOWS fzOAD TO 1 HE II�ITEf� GT1GN WITH LINE 5-Cn, ASPEfJ 701N1-I51TE THENCE_ NOKiH CO' 540011 W EST g�5.00 FEET ALONG THE WESTEfzLY LINE OF AID 0-)T-LOT L6 THENCE NOfFT-� t5'j' OCo' Cb" 15. b,4 FEET ALONG THE NOf�-,TI IWE-5 It�LY LJNE OF SAID OUT -LOT n TO-rHE. E:)a)TH\n/ESTE-fFL`f" LINE OF NEW MEAIL'JW5 1<0AD� THENCE 14Co. 103 FEET ALONG TH- : ^fzC OF A CUf,-VETOTHE- LEFTT HAVING A OF 145,00 FEET, f, GENTf;AL ANGLE OF 57°L,3' 54" AND W4--ICE GHOKD f5EA� YJfI-1 52 °OS' 43 EA5 T 11+o.CXD i=EETALONie, SAID SCXjTHWESTErLr- LJNE Of- 1-IEW WTAUC AIV5 1z014,p TNENGEJTI-I 14' �' 4 `�" W EST Co. b I FEET TO THE INTEfZsEcT10N WIT" Lit-IE 5,&, ASPEN TOVVNSI TL THENCE Ur+ -I 14° 50'49 " WE5 T 95. `, FEAT A Ls7NG THE GE1-41 E1r-,LIN1= OF VACATED EIGHTH STr-EETTOTHE f-01NTOF ;�EC�INNINC�• DESCRIPTION OF LOT TWO A rAfzGEL OF LAND 11-I THr- Gf TY O)` A5f:1D- , COLN- Y OF PIT<IN, .STATE OF C01-0f,-AAPO/ CON51�T1NG OF Ff;F,'�OIONAL LOr� A, It), C, D, E A -0 F E?LLX,K 7, ASPEN TOWi-.151TE • VACATE P POf,-Tl65N OF EIGHTI-I AND �5TMFI=T�" A1J D T1•-I E EA'S� TN POTION OF CX-TLOT n / AW N MEADOWS W0fE--,f= FA-f;rTICULAZf,LY OE--DC� /FOLLONE-D 5ff&I1-,NIN0 ATTHE INTERSF_GTION OF TPE C,F- 4�LI N E OF V/4\CA7-EP NORTH 5TP�ET WITH THE CFD-rff -LINE OF VACATF_D EIC-IC- FH FEET- THE-� 1--I21�-TH 14° t50 4`i " EAST 93. 9� FEET-ALDNG 5AI D CENTER L. INF- OF VACATED EJG-NT�--I ST7.ET- TO TI-4E INTEIZSEGTION WITH LINE. 5-�� ASFIEI-4 TOWNS ITE T+-IENGE NOfzrH ILt- 50'.+'1" EAST Cn.51 FEET TO TH E INTE���GI ION WITH THE -'Ei WESTC-1E,'LY LINT OF NEW MEAPOW5 fzOAD IN ASPEN ME4GZ�n/5 5PA/ SU 50IVL51OI 1 Tl-If tNGE 12.15C, FEET ALONG THE AtzG OF A UJPVE TO THE LEFT I---IAV NG A f:,z&p1(� OF 145.00 FEET/ A GE-f-MEZAL ANGLE OF 04' 4 E)' 55" AND VVHCr----,E C4-I Olzp f) TH G 3 ° 22' Ot" EAST 12. FEET AIONC, LINE OF NEU/ OEAI�- S fZOAD ' THENCE Cn`1 • Cv9 FEET ALONG THE ABC OF A CUIzvE TO THE fE 1, fT IHAVIt-� A fz-�IUS of 50-00 FEET, A CE TFT ' AL At GI —F- OF .49 ° 5450" AND VA-I(�E C, Ot--D DEAf;;�C5 ED�H-40%+'T 10" EASI (07.51 FEET ALONG SAID DTI-►W>✓ST>=L`r LINE OF NEW t✓I�� f�',06\D - THENCE .47• L�Cv5 >=EEf ALONG T HE ��c. OF A CUr,VETO THE LEFT A f,AVIU 5 OF 120.00 FEET/ A CETTi,-AL ANGLE- OF 22 ° 59 ' 47 " At-1 p WIHO�-)F- GHOfzD -E-�I 2701 1' 59 -DT ENGE NQ TH n4 ° 3`f' ao" W EST 20.14 FEAT 77 THE I NTEiz�- LT10N W I T'H THE Ca-4T-E1;;Z11 N E Or VACATED NOf�T}-I �r1�E.1=.T• T7-- ENGE NOtzTN 75° O`I n I I WEST 21 I.50 FEET ALONG SAID OF vAcATEP NOfzT H 5T z'E T TOTHE f DINT OF C�F�fNNINC�. n�nncc n..—� r —.n., — mna—n nay>n A I— Cam. Iw Swvaved up n any defect in this survey within three years after you first discover such defectr%ltj1v rG V %AN Drafted In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Post Office Box 1730 Aspen, Colorado 81612 970 925 2688 % % M dip j %/ % %is Revisions Title ANTE-r�'T'l MAf--QU 5E E LOT LINE ADJU5T1Oi=NT PLAT A5P EN, COLOfF-� Job No Client Q-le7F-.E SHEET 2 OF 2- NWob BOO" 2-- rGGY%Z— ------------------------------- ------ t���TMENT OF COMMUNITY brtvaorwn-t 4,1 r �ti R-15 SURVEYOR'S CERTIFICATE s O Q po0 0 It �j CY�EE L� Lii.l' I�TMENT "-F VVA PAP . '/ !"UNDEtz MY DUI i2�/15tGN AND I5 C��PF_Et- ON /�O-4 Cl F IF-U�) VEY5 Fn:? � ff-P ICY" M } U WHO-4 CLOSE ro WITHIN A LIMIT OF I t 10 GY0O AND MT- PEfZfCO�1� �� pQ O Q IN A6ro E WITH Cf OMApo t;zF_vC 3TAn)TE5 Ig73, O p ,� TANS wI�7`I IA�TT- IE�A PENvLAAN�i"_c�-c� 2 /+ ECG i1ME ��v4 R-15 TOWNS/7-,E- D DLOX K 7 WHICH �EOA TLLY�Eff- ,�-f / 71� LJNI)E THE A5 7 �55HAL.L MENF fc AND . r")F" Y Y Y fact -in�this survey be C°ion based Alpine Surveys,. Inca caned NOTIC W ,,,ego upon airy detect m e gone within three ears char first discover such defect - P.OSt �7 f ice. 1 OX 173 - in no event �Mayyan lG based upon a certificationObn shown here°n.c mmenced yearsyOf Aspen, Colorado 81612 970 925 2688 MAP ACADEMIC STREET �� NOT NOKTH SMWGL� HALL/tM rjEAAKI NG °REDAK� CAP Lam. `I 18L.1 R-6 COMMUNITY DEUELUNMtn t t %-�f �— ANTII�')17Y/3 DESCRIPTION OF LOT ONE, A P/`\F-CE.L OF LAID I H -rHF- Q1Y OFFEN;, CC- TY OF PITkIN, STATE OF 60L.C3� '.Gib, C.OIEI,:::::> nt,& OF FKACT10f- 'AL LoTt) G H. IbLCY,K I �.�PE►�{ TC VA-4�IT� • VACATED PQI TICSNS AMID N01�T� 1 5�T5� AN THE_ WED I -. �I F -TION OF C�UTl �7f C� A�P�N �MOKE MEARCW1�;> PAtzTJl ABLY D�i`I COED A5 FOl1N _. I3>=GINNING ATTNE INTO EGT10N OFTHE C,ITERLIt�IE of VACATED NotiTN �1EET vVITH THE CI✓1�iTE� LINE OF VAcATI=D Die THF_ 50UT}-4 75°Li5'47 WEST 33.�1U FEET Td TT-I1= IHTI=P�EGTION WITHTI-1� 1 �T�LY uNE Of OLD 0 EAC OWE KOAD ' 1,4° ' TH El-r-E 1- t T A 14 13" VV EST Col .77 FEET A ONG f SAID FASTEizLY Ut- � OF OLD'N1EA D THENCE 50 701 ' FEET ALONG THE AfzC OF A Ct )K/E TbTHE i�IGNT �-IAVING?` ► Dlt>5 OF &6aO•UU FEET A CEt- f !_ ANGLE OF 7 °00' 21 "AND / ° WIA36E CNOf V l3EA-Iz5 NOt<T1--1 l0°4 v3 v✓E5T b0. &51 FEET ALOI�IG 5.°�ID EfF�TE LT LINE OF { A OLD MEAL WS f�, p TO THE t1-IT1 GTIGN' VV I T}-1 U N E. 5--0, M -4 1C Wt-E5ITE -1 HF1JGF_ 1 -t CZJ' 541 Cb" WEST g�5.00 FEET ALONG T}-{E WESTEtzLY L1t�IE OF fib Cx1TIDT 6 Tl-10-IC NOQF,1 I t�`i ° ocv' 00" ffA'�-)T I5. 64 BEET ALONG THE NOF�THWE� 11- Y UNE of �.41D 0 IT LOT n TO THE ! Tf W ESTE•rL(' LINE OF NEW • MEAI.�iS EzOAD� . THt=t-r_E 14�• f03 FEET ALDF�IG THI= Af�C OF ,A. CL) VE TO THE- Lf=FT HAVit-4A SDI DF 145• Gb FEET, A CEt TfF.,NL ANGLE OF 57°43' S " At�1CD. Wt 1( E GHOF� ,EAR _-_0_ I A 52 ° 05'.43" EAST 140.cX FEETfNL0N(2�, SP:ID _c-)CUTHWE!�:)TE, LANE OF NEW IVIEAC:, v izOAD (" (_atbl TO Tt-IENGE >1-1 ILt° 50'4+ WEST FEET THE It-4TE9t)EGT1OH WITH: LIME 5,Co, ASPEN -TCwVNSITE • THENCE lTi+-1 14°57'4`1 WEST 13.6K, FMT ALONG TI- E GENTEteUNE OF VACATEC) EIc;,H17•-1 STfzEI✓T TOTHE POINT OF P�EC�INNINCy -DESCRIPTION OF - LOT TWO A PAFZCEL OF LfiNG7 11-I THE. G TY OF ASPEN, COUh-(iY OF f IT<N, STATE OF COLOzARO, r COIF— Ik.3Tt NG Of 9-, 1 ONAL LOTS A, C-), T 1 F C�>LcY 7, ASPEN IINSiT VAGATEi POKTIU' N5 OF I-IC:,,HTH A1--,I0 NOr,-TH �T Fff-T-� AtJ D Tf- I E EA�TE-FN r'C ON OF OUT1OT Cam, AMEN M ff APO V) 5FA/ _ 1r I V1510N 1•ilOr� �FOLLC I AJ T1CULA Y"C)E .lr3ED � 13EG1tJfJi ATTHE INTj;J; F_LTION OF THF_ GEt- T LINE OF V CATS t—X)K 15T - ET WITH THE. CENTE r UI -At OF VAGAT F_0 EIC-4f 11-I T THENCE t�Tl-1 14° 5049" EA�T93.9G FEETAIL�NG N-E_rTO 5AI C� GETE✓M LINE V. OF QC.A= E1C-J-1T" - fiTT 'f HE 1NTFJ,Sr�TON WITH LINE 5,&/ ASPEN TOWN5ITE T1-IEt�IC.E NOtzTI-I W50.49" EAeT Cn.i31 FEET TOTHE JNTGT10N WITH THE ,--O --IWEST"L_ LINT �5E OF NEW VIEAIXW't�OAt�" It,] Alf EN M F_A -,O v5 5�'�/ �UJ3DIV150N • Tt-IIGE 12. l Y3Co Fi�/ET ALn1-IG THE ABC OF A CL EVE TO THE LEFT t-IAul t\,� i°i F.AQ L)�P OF 145 • (�)O FEET-/ A CD-lTzzA AtJC LE OF 0.4 04V 55" AND W1-102:;iE GN DID I E `�fDCUTH & 3 ° 22' Ot)" EAR FEET ALDNC SAIDTNWE�TI✓(zLY LI1JE OF NEV✓ d ' NIEP� � f;Z0 . T 4 FJk-IGE Cn 9 . C�`1 FEET Al 7NC� TH E .°�tzG OF A CUrtvI-TOTHE FC-HT HA\/It-6 A t�lUSOF .Q7 `EEET AL ANGLE OF 49 ° 54' 50" ANO WI >: 0_1 D5NTH -40°4q' 10" EAST C07.51 FEET ALUNG SAID 1-lWE�T1= LY LINE OF NEW 1✓ E1 Pa& f�C1,6\D r THENCE .47 1. &5 FFE:4 a L.ONGTHF Q1,-C.OFA CL)FE /ETo THE L-F->=i Hl&,,vll-, A IFAvV,�pi OF 120.00 FEET A CENTrAL ANGLE OF 220 39' 47" ANP f " WHc G-IOt` 0 L3FA�Z 1- 127° 1 I 3q IfA5T 7HENCE �� TT"TH :�)4° 3i'CYO" WEST 20.14 FF_..I;TTOTHE. INTEtzSEGTtON WITH THE CO-�NE Or VACATED NOKFH S-5 T• �� THF_t- . -I 7500q 1 I WEST 211. 50 F!✓ET ALONG SAI D 1- OF ` ACATEP NOIZTN STI;z E ToTHE rOINT OF Ct)E2)INNING• NOTICE: According to Colorado law you must commence any legal action based - Alpine SurveysVfiyS f I �C. y upon any defect in this survey within three years after you first discover such defect. Drafted In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Post Office BOX 1730 Aspen, Colorado 81612 970 9252688 /i/i/a/ Oil/ Revisions Title AJ-,ff WONY/ MAi U5EE. LOT LINE AQJU.STMQNT FLAT" A5PEN, COLOI;N0 lentt ��,; ���--f 51--1EET 2 OF 2 IIs/CJ.�.K1ri IyiN :: LI WINC . A O* .EL OF I AtJD l N ?a -1 GTr OF A—,r —4, -COU,t�iTY OF PllitJ, STATE OP C�LCAG�, GOIN��I�TIt CaF FflAETIC�NAL LOTS /VJI H I3l Cx K I ` A�-OPEN 7.t f l iTE V'y4C TEiD POKT1Cjl�lS :OF EI69TI I At-40 +iC � �' ieEET�� AND Ta-�E 1�/E5 i�rJ tTION OF CpUTtT t, AflEN i'�'rtzTlCulRt'Y1�IED A5 FJLIGW? �1NNING ATTH INT SEGTfON OF.THE GEi�ITEfzL11.lE C7F V�C�ITED t -. TH --BEET W{7I-� .' THE CE1-ITE-P L1NF- OF VACATi=D EI C�}-ITI=1 SST THfENGE 50UTH 75'/5 47" WEST 33MO, FEET T6. T ff- INTEP EGTIOf�l Wrn4l I F/6r- zL)- LINE OP OLD M EP,CX)W� LOAD . TH ENGE Irk TI-1 11+° I ' 13 WEST Co 1.77 FEET /&LCO CG 5A P FA'�)TE}zLY LIME OF Ol-D `MEAD ! X. THENCE 00.7.,01 FEET ALONG TH t AfzG: OF A CUK\/E TO T=-I E t l Gl-ll" 1-I AVI1 ►DIUS OF foCoO. C30 �n-�IO�� �worzD [3E�� Nor�rN to°��' c�3" WeSr ..CoSf FEET ALONG SAIC� E 12 LINE OF OLt7 t./lEAA1�✓5 1OAb TOTHE INT�Gi1GN . W/ITl-1 -LINE. 5-F t'15PF 1 TOWN5ITE TNENGE 1-10f7T I Q 5L+' OO'� WEST l55.00 FEET . -17HE Wf S] E ?.LY LINE' Ofi AID C7UT1 31' C THENCE` NCTHI°�� 1=A T 15. b4 SET' AL5 THEI1n/E� 1:LY' UN E OF �AIC7 OU1"LOT';U TOT1- 1= 6jjJ 4\1W TE L`�' LINE CIF N1=VW MEAItM� IzDAD; THENCE 14Cv. i 03 FEETLDNG THE ABC of A COWE TU THE LEFT NAWII 41 f OF 145 FEET A GENTKz\L Af LE i- F 57°43' AND GHOPFo ICE (JTh; 32°O'"51'4?: EAn, ISO. C FED -^LONG, gPJ D �5 T WE�:5715ieL1r LIME OF NEW MEAPCW5 tzOAD THE ICE SCX T 1-1 I t' S�'L+9�" WEST -o. bl FEAT TO THE INT -f- EC WIT" LI 1-I E TOut/N51 TE " 504`1 WEST `i3. ` FEET LC3NG TH GENTE-,Ut-4E OF VACATEP EJC-WTI-I STET 10 Tl-1 E POI NT OF t'� I1Nf�11 NCB. DESCRIPTION OF LOT TWO A f-AI-GEL OF LA-4P IH THE. C1 TY OF ASPEN; ux)N1Y OF r IT<N , STATE OF 7LOizA1 , 1--* OF F9AGT10NAL L.OTI:�:, A6, G,1 ,:I- 1, . . A1l3! LX,K 7, ASPE.N 7Z'�vVN51TE: Vftt -V F G` 'iE1 POKTIC51�15 OF EIGHTH A1-,I0 1,10fZTH b4*11 'ET, . J At�l D 71 I E EAST N f0KnCYN OF 0 J 1 TT MEAPOvI/5 5PA/�'U�IVISION; i�/k`�>�.� . FAA TCQ LA 1 LY C If kt�ll i AT THEE I NTEJ2�Ec1 ION OF T141F GE.1-fTKL.wE OF VAC:�TED 1 11-i �Ti Er bt t-C}-1 THE cEt`trt�effNE YAC.4TEtD Elt-fTN `T EAATT} JF}-1 i" R3.9� FEE T1-IEl.E SAID OE�JT M-LINE OF WiATER EIG- t- T.14 Et TO THE INTEIzz EGTK h1„W 14, LINE 0,& ' TOWN -MTh r1=1ENc Nor TE-I ►4.° 50'49" r I FEET ro THI , fNTF��jEGTION WVIT�-i �t1-lE t.Tf1-IV✓F�TF I-Y k It�IE OF NEVI/ MEAPOWt5 SAD 11 I Ae)MH M>~AFXW1E-:, 3PAl )U IVLION TI-1ENGE 12.186, F�'Er AL0NCG THE AieG.OF A C.LiPVE TUTHE LEFT [AAmNG, :1cAob�-, OF ET'r c b-4tRAL_ AFJGL..E of 64 o°.4v 55" AND :V►1H05E C44O=i7 1 Ac 50L�TH Cv3°22'D " EA f I2:IY�3 FEET.ALDN�.�.�''cll�CTI"NVI%E�TE-t`LY L:t1JE OF NEV✓ r :, WIE��I% l�p •' TUENGI=: Cori. C'v`1 FEET AI-4)t �TNE �h Of= �F CUt2vE.TOTHE f p-r 1--1A�/If-�G A wit OF W-M >`EET, A`CEN'i'L��L L�.OF.Lt9°54'50" ANC W1 C��E 0-K�V be;,4 � boLTH /-40o/ i'"1O" EAST Cn7.51 FEET ALCONG AI&.CTHWE-TE+�LY LINE OF NEW IVIIE RC3AID THEt- E—: -r7. 4Co5 "1=EE1�: 6.LONG`i HE /�i�G OF A Ct'V E" THE LEFT 44Vf I- A OF I20.: 00. FEET A CENTrAL-ANGLE.OF 22'3�I' L+7" ANP Wi ;t ' CJ-40, KC3 13EfPAi 27a 1 11,39 It EAST 47 ,157 mEET. T{- f ENGE iJC1{ TI-I 64° `3`i' GYn" WEST 2-D• 1 A FEZT T0 THE INT K,�.)M tO A W111-4 THE CO-t�NE OF VACATED NG?CZTH 5T1 Tl ° , u TI-IEh�,E lit H 75 O`1 1 I webT 2.1 1. 50 FEET ! ALONG : CAI P OEN1F��1 F- OF VACAT'F-P WOZTH T TOTHE f*OI IT OF [5)F6 NNING. _ NOTICE: According to Colorado law you must commence any legal action based All3it1@ Surveys, Inc. upon any defect in. this survey within three years aftei youfirstdiscover such defect. Innoevent may any action based upon any dated in this survey be commenced a Ai more than ten years from the date of the certification shown hereon. Post: Office BOX 1730 30 Aspen, Colorado 81612 970 925 2688 Revisions AWf HON V Wj?-QU5EE LOT LINE A[3JU.STMENT PLAT /ASPEN, COLOKNDO `.°I RECEIVED AUG 12 2002 AJI'Lfi i rl i nIN COMMUNITY DEVELOPMENT 5H EET 2 OF 2