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Home My WebLink AboutLand Use Case.855 Bay St.0007.2016.ASLU85 84-3+ 0007.2016.ASLU OKLAHOMA TRAILS STREAM MARGIN EXEMPTION ~ 6 04 . 4<6~ 7/CO - â‚¬ /1 -}-cÂ«j 3. I ./ l I C vt' PAN-3 --~A...1 4 , , c )~.1 ~ Ibl 1 1 PROPOSED SHRUBS ALONG TRAIL - ' pip I \ P.....0 \1.n RECEIVED 1 \. ~ 2 0 2016 Iluu #[SIBI 1 1 ITECTURE f- ite 102 231970.963.6520 1 0 1 ?70.948.7474 inc. neers and Build, ng f Jnit E 1623 the property OCUMENT The ideas ond ld sho# not be ted on this istrument of DHM Des~gn Corp. Droject without EXISTING TREES TO I TRANSPLANTED TR STREAM MARGIN n REVIEW AREA NATIVE SEED MIX IN ALL - DISTURBED AREAS PPH-4 - PT-2 - PT-2 n PPH-3 n PT-2 -~ - SATE 01.06.16 1 1 1 14-1 \J i Exemption AARGIN TION ,E PLAN ' Â·----------â€¢-- 31 KEAMMARGIN SEIBACK / ~_~0~ TREES TO TRANSPLANT PER 1999 PLAT - fh 421 1 | NATIVE SEED MIX - - - - 15'OFFSET BASED ON s CURRENT TOP OF BANK LS2.0 0 10 20 40 REFER TO 855 BAY STREET SCALE: 1"= 20'-0" STREAM MARGIN EXEMPTION PLANS . -- - - 100 YR FLOOD LINE PER FEMA MAPPING ~ ~ ~ STREAM MARGIN REVIEW AREA 1 , , . . A .. . D . -0 1 . .... A I .. .. 0 - ... .. ... A ..A . -- . 0 ..... . . . . .. 1 ... 1 4 .... . .. 1 0.-0 1 I. D: -- A I. 11 . .......... . 9 8 'A....1 .: . . ....... A I . . 0 -A ... . A ..... , 00 ..:..... .. ...... A. .... .. .. ..A 0 1 -:A .. te, . ... A ... .: . A . ...... ... .. D . -4 . /1. ...., ... ..... A . .0 - I . A e . 0 A . A:. A .::. ... A : ....0 ..... 0 1 . .. ....0 1 I : 3.. ......0 . 0 -Al. A .A. . . . ... ... .. . ... ... ..A . .. . 1 . 0 A .. . 0 0:....i.. D ..... a . ... ./ I ... 0 A. ... 0. - .... 1, . .. . A . . ... A lA .... . . ..D .. . A A. 0 A . ... ... .A. . . D.. .1 ..... A . ... A .... .. -. . ... .0 .. 1 ..1 0. . ... 0 . 0 . 0 - . .... .. .. . A . .A . I. . . A : A D. . A . .......... . . A ... 1 1. ... :I A. .. . 4 - ... :: . A. .. A . ... ..... 0 -9 11,1- 'lltiz"""IL .. . A 00 .. , . . 1 . ... ... 0 I I . I. 4.0 0 - I . A .. .. I. I.I... ..0 I ... . 0.- .. .. 0 - 4 -... . 0 . . 0- . . . ..0 - .. .... I 4 - /,;04-- '.. 1\ I . ... ...... . . ....... I - 0 : -- 0- 4 0 I - ... ..0 - I. I 1 1 .ff . A , 4 . 4 0 . -...... .. I ... .... . 0 ... . e .:..... 1 -y.. .1 0 .. .. .. . ... ... 0/ 1 1 .. . . , 00. 1 4 4 .. 4 \ 0. A : 1 .. A . A., . ... I . .. 11. 0 ... A. A . A ..... D 1 - 0.0 :A A . ./ 0 A . Al .... 0 00 .: .A. 00 STREAM MARGIN AREA PATH PROFILE 00: SCALE D HM HES]RN ~ HORIZ. = 1-:/0' . LANDSCAPE ARCHITECTURE -./-45' PROGRESSIVE VERT.= 1-:10' HEIGHT LIMIT LAND PLANNING EXISTING GRADE -1 1 / 7890 7890 URBAN DESIGN 1-"~~~/ EDGE OFÂ·-BANK SETBACK ./..0, . -1 4-I - -1-- 580 Main Street. Suite 110 ...-14 Â·- TOP:OF BANK - ~ Â· ~ Â· 47. - 7885 Carbondale, CO 81623 I 970.963.6520 31/ . . --------- ..............11 48 7880 Â·jt ~ â€¢ iSO' ~ 7880 .....621.* 1 w + LINEAR FEET OF MSE WALL 1 1 SETBACK. SAW CUTÂ·LINE AT START OF -~ \ IN STEAM MARGIN SETBACK 77 0. / NEW PATH CONSTRUCTION Â·BIKEÂ·PATH-~ . .FINISHED. GRADE 7875 ~--Â·RIVER BO.TTOM .MSE RETAINING WALL START OF PROPOSED ............. 7870 OKLA NOMA FLA TS-1 4 / .- ~.-+~~/.-0/~~1 2 Civil Egineeng EXISTING. GRADE. F-PROPOSED. GRADE. STREAM MARGIN \ 4 f -- Â·Â·17.1 1~ -1 7865 -' 7865 1 PO Box 9554 Aspen, CO 81612 I 970.948.7474 0 em 44 39 0% C\! 5% O C\ 0==*e REVIEW AREA ~ ~ ; : ........ 2 N N a. W LIi ** : RE EN NE &* 29 03 UMNA - KLGA, Inc. 22 &2 22 *E &* G<tAG<~ ~ ' 3,5 h â€¢al E-'1(1111Â· ,â€¢Is yind Al JiliÂ· 1 I. 1 i./1 Structural Engineering 2/ 1. / 1 0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 I +5151 215 N. 12#1 Street, Unit E Carbondale, CO 81623 '4 1 970.927.5174 REUSE OF DOCUMENT ~ This document is the property 9 of DHM Design Corp. The ideas and 2 / . 44/ ... ..... design incorporated on this document is an instrument of 2 3 : Draftsâ‚¬iond ser*ce and snol not be f : used for any other project without ~1 X y . written authorization of DHM Design Corp. :1 2.7 W 4 / 4, ,- - 0 l .. ~ .. 440 /7 it- : LIMITS OF DISTURBANCE - -2 'too 1 . i t i 1 . uBVT OF V\SERETAINING--~~ 6 ~ ... . ~ ~ ~ ~ WALL TO BE ADDED IN STREAM : ~ ~ MARGIN REVIEW AREA 1- 0 g j~ il-i 480 FV OF TRAIL 3 1 TO BE RESURFACED IN STREAM MARG IN AREA i ~~2 1 ~** : .... .... 0 . SAW CUT LINE li 93 I ' -1 l H '-6 I. ar~~yto~ . - t../." Ott V j.. i J.i REMOVE EXISTING TIMBER RETAINING WALL : ~ ~~ 7 : 1 U/." . ..... BETWEEN SAW CUT LINE - ' AND BRIDE j : /,// E A V -0 0 . 44 . f :% i ~ LE.- /' f p O Â¤ STREAMMARGIN E \-~~\ / 1 Â©AN< O.i -C TOP OF BANK IN STRE~MARGINLIGNMENT ..4, ~ 451 0<>A 2 0- 09. i i coz AREA INTERPOLATED BASED ON * SURVEY CONTOURS AND EXISTING CONDITION PHOTOGRAPHS. 7 1,4 / / ..... 8.i. t i O 52 TOABNED SS~ROVWEgUFf-NFINEALT%~ . k ..~ OF BANK AS IT INTERSECTS TRAIL / WILL BE DETERMINED BY COA . ENGINEERING DEPARTMENT. ~ * ~' ' ~ DESIGNED: - /40 0 ji: f . .:~ :.... 2015.29 01.16 / 1 ...El. I i: t i i Â· PROJECT NUMBER: DATE: 1/444...... . t - ~ : : t* Â· CHECKED: .. . . .~ DRAWN: ............. i.~r4 27 4 017 4. ..... ........ 8 I N p GIN Â·.. REVISIONS: .. .. 0 SET :%% 81.Â·Â·Â·dk /. N. JOB DESCRIPTION: /f c )) L L.U. APP. .. SHEET TITLE: i ..AL \ I k. / * ~ Stream Margin Exhibit / 7â€¢ GRAPHIC SCALE / t . 1 1~0~~~0~20~~0 47$ . .. h t. 1 t...0 Â· ' SHEET NUMBER: l rri:i 1 1 / c IN FEET } ./Re.. I inch = 10 ft. Cl.0 / .4. 1.... N.4 .1 0 / ..0- ... 0 , 4- 6 7879.3 0799L 0788Â£ 0'2884 5'2896 1!eil sle'=1 ......... -ug- 0 HM IESIER -100'Â·HIGHÂ·WATER. LANDSCAPE ARCHITECTURE LAND PLANNING ... 4 i- START TRANSITION FROM, 2' LINE OFFSET Â·Â·fUMNSÂ·OFÂ·-BIKEÂ·PATHÂ·Â·Â·Â· . ~~ Â£ URBAN DESIGN TRANSITION.fROM- - CONSTRUCTION " Â« * 18 - END Â· J , WÂ·WTH g . / 580 Main Street Suite 110 \ ..8'.TO. jEWIDTH-Â· ~~ 1Â·Â· 0, To ~90.21 - Carbondale, CO 81623 I 970,963.6520 7887 STA 1 Z.4 3 HIGH . T -Â· 1 . 215>, /9 1 #de TOPÂ¥Â·828' 7M7 - 645% fiAEL~GHT: 3.5. * /NEW~OP OF BERM A ,Â·r NSTRUCTWN 'J 1 i Mix. TION:85.50./ \ -C a Â· Â· n.5.u ~ ~ ~ ~~ ' 7#P L- 0. 948.7474 GRAPHIC SC S L.,1 Bilria E ( IN FEET ) 3 I inch = 10 ft. JMENT property ideas and on this LEOLA ct without iment of io// not be Design Co,p. CONCI ASPH, F--| MsE j 1-1 SOIL PROF PROF EXIS - - SETB 90UN EDGE --- FLOK - - - CONS DATE: 01.06 rION 1 JL # C/1 1 .Lull - /LUr C u Â£l I U LU, I Ll Un I (INSTALL PIPE W/ PERFORATIONS DOWN) %946,1.1 3.40%,r C2.0 11 , 1 , C ;' . ; ;; : H. ' - . 1 1 1 : A . \\ 4 0.0 1. I .A .. I 1 I .A '11 .11 / A A i . , .. ..% D . .... // : - I. .. - A Al ,i. .. 4. I ' .. D . 11 e 0 - 4- . 0 , D ' ;;I ;;I ..0.1 1 . # .: - I. -* .. 4. .. I. .... :::: 1 11 It 11 A , ' A A'A ~ '1 ,. ''A 0 0 . .1 1 : '. 1 0:: 1 .1 1 . .. 1. I . 11 1 11 1., . 0 , ,. I .,1 . 1 It 1. 1 . . , 1, 1 , :1 . 1 : 1 1. 0 ;1 , 1. 1, 1 11.1 ..1 1. A.. ' I':' I . .. ,%â€¢4'lt-Dâ€¢.I . .. 1 0 .1 1 1 1 1. . . ... ..1 .. .9/fo--"'WA' U \9743 \ ik , i / 1 HEIGII ]ITECTURE Jite 102 m\970963.6510 ~ 970.948.7474 1 Inc. ,-ing 3,neeis and Builcic - Unit E 31623 84),4 ; the property )OCUMENT The ideas and ated on this instrument of and shall not be project without f DHM Design Corp. STREAM MARGIN REVIEW AREA - EXISTING RETAINING WALL TO BE - REPLACED AS A RESULT OF TRAIL IMPROVEMENTS AND RE-ALIGNMENT, SEE CIVIL DWGS FOR LIMITS OF WORK EXISTING TRAIL TO BE RESURFACED, - SEE CIVIL DWGS FOR LIMITS OF WORK Â«14+ EXISTING BRIDGE - DATE j 01.06.16 1 in Exemption /--- ......- .... .... .. ...... . I.-1.Il.. I .. .- . MARGIN f , EXEMPTION - - - - 15' OFFSET BASED ON SITE MATERIALS F&/ CURRENT TOP OF BANK 0.0 Ii. PLAN , - - - - - 100 YR FLOOD LINE SHEET NUMBER: '. PER FEMA MAPPING / \ \4 / I \ / 0 [110 ~ LS1.0 \ 20 40 , SCALE: 1â€ž= 20'-0" / / 1... ...- A- A . .. :. .. . 1 . .... D. 4 . .... . 1. 0- A ..... A .... .:.. ..... ... .... A I ... . -- . .fi<,.Uâ€ž4 ... O- O . I : ' ... A . A . . ... .. .: 7,4.P # ...:. 0 . 0 0 & 0 I I .. .: 1- 1: ... , ... .1 - ....:. . - 4 ..... ... ...... . .. . :A I A ..... . : ... A .:A D. I * . ... A . 1 D ... D ... . D . . . . . . . 4 -Il- a. . .. . . . . .. .... - I .. .0 ... - â€¢A . 40- 0 . 4 1Â¥*'4f81,4 /26*E<+ p * . . .. 00 . 0 . . 0. . . 1 . - . -0: . 4 : - 0. .0 Â¥1- ~ K a 0, I I â€¢ . 0 . . 4 .. . .< ......1: . * 1 . 1 , 4 J I .. I. : 1 0. . . . 0. " 1 A. 1 .. . . 0 4 1 .. 0 ....0 1 0 . 110 0 4 . T . A . A. A 4 . A 1 ..... 1 . A , . 0: 1 liD ... 4 4,~ D ...: . . A ...A . A A. :A . A ...... . A . A. A C IMPROVEMENT SURVEY PLAT OF: LOT 1, CREEKTREE SUBDIVSION A PARCEL OF LAND SITUATED IN THE SEh OF SWh SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. :44.-14 fÂ»Â·-1/ COUNTY OF PITKIN, STATE OF COLORADO . 1. . \V. Â· '13.--7.-- ---1Â·~ 'â€¢Â·,- ' ~. N ... /-Â·-3-3-U .... -In-.- .---5<-2,3- 9.16 SHEET 1 OF 2 il | ;44 134'te'F* .. Ceme:,0 1 ,/ 7 2 + 4. h ., 1 1 I 4 1-â€ž11 11.?1 -1. 2 Sh.,2 â€¢ 4 4 W l 7 14 T ..~A'bu~..c,t bh .11- 2 pan Rag,r "Â· r. 1'' i ..+1".,4 .Â· .' Shaft _ 6 N: Cuxn:,MI j :,3.-J:4%'Â·Â·.f.Â·-*2 -Â·....'-24~'- r.k,~M, Â·(. . . . Tvâ€žel i.' ' jill 1 SITE;41-2 4:4 1- .1 (i .,3.-1 rTE..,- .:7Â»-.-â€¢40):1#,21. .Â·. . 4.29'.'*.?49 14, Ti'lf..Â· 1.1 PROPERTY DESCRIPTION PROPERTY & PROPERTY ADJOINERS 96-104<Â«liti~ i./-tmeÂ»**j-*.â€ž,'~4-4~ve*>3442Â«.1 -i:,);9 --39---- LOT 1, CREEKTREE SUBDIVISION, ACCORDING TO THE PLAT THEREOF , -47Â·Zih- i .t'; :~~ 22Â¤FTE,9*.:724Â·4*023*3.97r .4 ,~e--..Â·. ..Â«. -U,#4Â·.Â· i- - PARCEL #273707350001 LOT 1 4,1 .1, 11 r . Ii. 1 MORSE JAMES A TRUST VOLK LOT SPLIT 1 ......79 RECORDED FEBRUARY 14, 1978 IN PLAT BOOK 6 AT PAGE 83 AND THE FOUND YELLOW PLASTIC CAP L.S. #13166 FIRST AMENDED PLAT CREEKTREE SUBDIVISION, RECORDED JUNE 21, ,Â·r:#,3,{Â·f. rÂ·-Â·- 4-~ F -It,16**Â¥2If*â‚¬~~.tibtÂ·.fÂ·--~~ ~~;~i~~ 11 ~ 800 E ELLIS RD FOUND YELLOW PLASTIC LOT 2 1995 IN PLAT BOOK 37 AT PAGE 54 AND SECOND AMENDMENTTO CAP L.S. #15710 ~ VOLK LOT SPLIT CREEKTREE SUBDIVISION LOT 1 RECORDED OCTOBER 9, 1999 IN PLAT NORTON SHORES, MI 49441-5622 Â® ~ -EASTASPEN BOOK 51 AT PAGE 63, Physical Address: 855 BAY ST ASPEN TOWNSITE 24 Parcel No. 2737073002 9. Â·d Â·f h ,'>,~ ~Â·6.-2-L-~3~~~6'. U. . '4..94r'., 1,4 :,1 f.*,O PARCEL #273707373002 e' .11.â€¢f.402â‚¬.30 COUNTY OF PITKIN B Subdivision: VOLK LOT SPLIT Lot: 2 STATE OF COLORADO FOUND DISK -1 If..1.4.q.iN.1.1..,'-Ff 1-2.13, -,Z- PLipv.%2\.,;-,Â·. %: Physical Address: 730 BAY STASPEN \ 1 i.. ' LOT6 2 03Â·53;Y Â· ,, 3 F. - i)Â·~. f -i---1Â·.p.'fz~~,~:, <:N ...' -,-,S /&1~~''F ~~~,3Â» .. p I -- 3 . 11 J ./1,1.111\ C'>/1 1-1 - PARCEL #273707300014 Parcel No. 273707309003 .0 . 7,/f -,%.4.1 \ -1,1.1....% 1\ b.-1 Ii'll'ii:/~-i .1 , ri'. 2..../ 8fz// f gi : , .H * TITLE EXCEPTIONS ALLEN DOUGLAS P FOUND YELLOW PLASIC (from title commitment prepared by Pitkin County Title Inc., case number 403 LACET LN CAP L.S. #19598 -~ FOUND YELLOW PLASTIC Â· r â‚¬ 1 4 LOTS 4 - EAST ASPEN VICINITY MAP CAP LS. #13166 PCT23982W3 effective date of March 4, 2014) ASPEN, CO 81611 9 2 TOWNSITE 25 Physical Address: GIBSON AVE ASPEN 9 2 SCALE: 1" = 2000' FOUND YELLOW PLASTIC CAP l.5. NOTES 7) Reservations and exceptions as contained in Patent recorded in Book 39 at O 2 #9184 Page 136. (Ol-4 PARCEL #273707379800 ~ 40 2) Date of Preparation: April 2014 updated April 2015. 9 2 84* STREET [Portions of subject property are contained within patent prescription - Affects RIVERS EDGE CONDO ASSOC 4 1 Date of Survey: March - April 2014, updated April 2015. 9 2 / 0 subject property, cannot be graphically shown] COMMON AREA FOUND REBAR & 851 GIBSON AVE CAP, L.S. #28643 7 2 8) Terms and conditions of easements granted in documents recorded in Book ASPEN, CO 81611 \ Â£07.2 244 at Page 683 and in Book 244 at Page 686. Physical Address: 851 GIBSON AVE ASPEN b BLOCK 2 3) Basis of Bearing: Established by GPS observations utilizing The City of Aspen Control f Monumentation map, prepared by Marcin Engineering LLC, dated December 2,2009, this [Affects subject property, shown hereon] OKLAHOMA FLATS FND REBAR & Â£07.1 . monumented by a found brass cap MS 6786 S7 MS5195 and the West corner of Lot 1 Creektree 07311001 e PARCEL #273707300860 CAP Ls.#9184 7 4 established a site bearing base of N16Â°37'27"E between the East Aspen Townsite corner 28 9) Terms, conditions, provisions, obligations and all matters as set forth in CITY OF ASPEN , 00. 0%4 4? Subdivision, as shown, monumented by a found yellow plastic cap L.S. No. 9184. The Creektree Subdivision Improvements Agreement recorded February 14, 1978 in Book 343 ATTN FINANCE DEPT ?#te *P LOT 1 Subdivision block bearing (N 15Â°30' E) has been rotated 1Â°07'27" clockwise, to be consistent with at Page 534. 130 S GALENA ST .3 CREEKTREE FOUND YELLOW PLASTIC [Affects subject property, cannot be graphically shown] ASPEN, CO 81611 - SUBDIVISION CAP L.S. #13166 the project basis of bearing. HERRON PARK Ci TOWNSITE 27 Â· RIVER'S EDGE 4) Basis of Survey: The Creektree Subdivision and P.U.D. Plat recorded February 14, 1978 as /~ EAST ASPEN SUBJECT PROPERTY FOUND YELLOW PLASTIC Q CONDOMINIUMS 10) Easements, rights of way and all matters as disclosed on Plats of subject CAP L.S. #20151 ALPINE <r, reception number 201877, the First Amended Plat Creektree Subdivision Planned Unit PARCEL #273707350851 - property recorded February 14, 1978 in Plat Book 6 at Page 83 recorded June -- Development recorded June 21, 1995 as reception number 382396, Second Amendment to 21, 1995 Plat Book 37 at Page 54 and recorded October 4, 1999 in Plat Book 5 1 CITY OF ASPEN - Parcel No. 273707379800 Creektree Subdivision Lot 1 recorded October 18, 1999 as reception number 436714, various at Page 63. ATTN FINANCE DEPT .. documents of record, and the f)und monuments, as shown. 130 S GALENA ST EASTASPEN 47 -Â·- OVERLAP SEE [Affects subject property, shown hereon] ASPEN, CO 81611 TOWNSITE 29 NÂ· BOUNDARY NOTE 2 --- SHEET 2 5) This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine NEWBURY PARK 4 0 FOUNDREDPLASTICCAP 11) Terms, conditions, provisions and obligations as set forth in Amendment to 0 \ & #*REBAR L.S. #16129 ownership or easements of record. For all information regarding easements, rights of way and/or .. .. title of record, SE relied upon the above said plats described in note 4 and the title commitment Development Agreement recorded June 21, 1995 in Book 784 at Page 123. PARCEL #273707311001 -EASTASPEN [Affects subject property, cannot be graphically shown] FULLERTON RICHARD B Parcel No. 273707306851 2 - TOWNSITE 2 prepared by Pitkin County Title Inc., case number PCT23982W3 effective date of March 4, 2014. 4.\. FOUND YELLOW PLASTIC *-4 CAP L.S. #13166 3047 FILLMORE ST 12) Terms, conditions, provisions and obligations as set forth in Grant of Fishing SAN FRANCISCO, CA 94123 .... 0* 6) The linear unit used in the preparation of this plat is the U.S. survey foot as defined by the United Easement recorded June 21,1995 in Book 784 at Page 128. 0 Physical Address: 731 BAY ST ASPEN . *40* '\ States Department of Commerce, National Institute of Standards and Technology. [Affects subject property, shown hereon] Â·s 0 7) 2' to 3' of snow covered the site at the time of this survey. Due to said snow coverage some PARCEL #273707309003 -'- \ 13) Terms, conditions, provisions and obligations as set forth in Resolution 99-08 GOLDSTEIN GERALD H & CHRISTINE S FOUND BRASS CAP - .... existing conditions may have been obscured. 1 - recorded June 21, 1999 as Reception No. 432443 PO BOX 2045 . /-M56736 SlMS595 0 *. FOUND REBAR & CAP --Â® [Affects subject property, cannot be graphically shown] EAST ASPEN %4- Â·0 SURVEYOR'S CERTIFICATE ASPEN, CO 81612 TOWNSITE 28 ~\ ~ Parcel No. 273707300860 HERON PARK Physical Address: 720 BAY ST ASPEN '0 j, LOT 3 14) Terms, conditions, provisions and obligations as set forth in Public FOUND YELLOW CREEKTREE 1 # I hereby state that this Improvement Survey Plat was prepared by Sopris Engineering, LLC (SE) for Improvements Agreement recorded October 25, 1999 as Reception No. 436996 PARCEL #273707306851 PLASTIC CAP LS SUBDIVISION Parcel No. 273707350851 #13166 NEWBURY PARK \ Aspen Stream LLC, a Colorado Limited Liability Company [Affects subject property, cannot be graphically shownl CITY OF ASPEN \ ATTN FINANCE DEPT u \ 15) Terms, conditions, provisions and obligations as set forth in Sidewalk, Curb and 130 S GALENA ST LOT4 5 and Gutter Improvement Agreement recorded October 25, 1999 as Reception No. ASPEN, CO 81611 FOUND YELLOW PLASTIC CREEKTREE \ 436997 RIO GRANDE PARK CAP L.S.#13166 SUBDIVISION Q Pitkin County Tile, Inc. ia [Affects subject property, cannot be graphically shown] \ FOUND NAIL IN L CONCRETE SCRIBED FOUND YELLOW PLASTIC WITH X CAP L.S. #13166 I furthermore state that the improvements on the above described parcel on this date, April 2, 2014, 16) Terms, conditions, provisions and obligations as set forth in Resolution 99-12 FOUND BROKEN PK IN except utility connections are entirely within the boundaries of the parcel except as shown, that CONCRETE LOT 2 there are no encroachments upon the described premises by improvements on any adjoining recorded December 15, 1999 as Reception No. 438593 CREEKTREE [Affects subject property, cannot be graphically shown] SUBDIVISION premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. I furthermore state that this property is subject to reseryÂ®Rns, res*qons, covenants and easements of record or in place. & of.Â·Â·X.:26,-i. 4-44 m M ...9'KI .9..9>x *Al/All 4Cid Ucs:3 01 I ~ 1 Mart Sj Beckler 40..#2864133>Â·' BLOCK 21 Parcel No. 273707300860 HERON PARK CLERK & RECORDER'S CERTIFICATE FOR INFORMATIONAL LAND SURVEY PLATS GRAPHIC SCALE Deposited this day of , 2015, at M., in the Pitkin County index for 50 informational land survey plats under reception number FOUND BLM BRASS CAP DATE: FILING INFORMATION: SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. ( IN FEET) 1 inch = 50 ft. SOPRIS ENGINEERING - LLC 502 MAIN STREET, SUITE A3 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ~ CIVIL CONSU L-TNTS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 SOPRISENG@SOPRISENG.COM YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. RAB 14048 2015-04-23 M:\3400dwgs\14048\EX-2015\14048-Creek_Tree-!SP-2015-04-23.dwg IMPROVEMENT SURVEY PLAT OF: TREE TABLE LOT 1, CREEKTREE SUBDIVSION TREE TABLE TRD 10.1 20 7,889.97 KEY TREE TYPE INCHES FEET ELEVATION 46 1 TRC 4.0 10 7,883.00 ~--$------I-----------------I#-I------I--Xil~l ~07~f' 47 TRI) 17.1.30 7,890.33 2 TRC 6.1 12 7,882.03 A PARCEL OF LAND SITUATED IN THE SEh OF swil SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. 3 TRC 6.6 13 7,881.83 COUNTY OF PITKIN, STATE OF COLORADO 45'6~6< 48 TRD 6.0 12 7,885.27 49 TRD 16.5 30 7,884.87 4 TRC 6.5 13 7,884.42 50 TRI) 10.5 20 7,885.89 5 TRC 4.0 8 7,884.50 - 51 TRD 7.5 15 7,888.32 6 TRC 5.3 11 7,884.55 SHEET 2 OF 2 V S."01> 7 T 8.3 16 7, 5.16 52 TRD 9.9 20 7,891.56 53 TRD 8.5 16 7,895.95 8 TRC 5.3 11 7,883.43 9 TRC 7,885. 54 TRD 14.1 28 7,905.23 4.0 8 -UNE- BEARING LENGTH 10 TRC 4.0 8 7,884.96 P-1~E-T---JEÂ¥12'29'E97.61'] 55 TRD 7.5 15 7903.43 r-Tir-1----N2353*E | 47.84' | 11 TRD 17.3 35 7,884.44 56 TRD 6.9 12 7,902.76 2 1- .0.1 j 12 TRD 19.8 40 7,883.75 E-liL-1--_EM.56'KE-J~ / ji 2 2 57 TRD 11.1.20 7,906.57 13 TRD 19.6 40 7,884.09 -LTS_578'20'15"E_4121'I / m ' ~' 2 58 TRD 8.0 16 7,901.25 59 TRD 7.2 14 7,901.16 14 TRD 17.9 35 7,883.93 LT/-!167 43'41"E_224'-1 / 0 GO TRD 4.5 9 7,903.65 15 TRD 15.5 30 7,884.17 -Lii-- ~ N43-42'06"E | 18.37' ~ , ~p , 4 '4 16 TRC 4.9 10 7,885.45 1 192- 1. 2 .//7 / 4 . 61 TRC 4.4 10 7,900.18 E-33L_-1-_.!EE.El_1_11.L_-1 1 4 6 /- \ j e lo 17 TRC 7.1 14 7,885.10 62 TRC 4.9 10 7,897.08 4:itcy. .// 5-VE. / 4~ - - 4 c; 2 C / f \ 63 TRD 4.1 8 7,890.57 18 TRD 7.6 15 7,876.31 ~ o -0- 40% / , ~ Sk 4 /) 0 1 b .1 , 19 TRD 7.3 15 7,876.23 - /1 423 64 TRD 4.1 8 7,888.94 4- \ 2 65 TRD 6.3 12 7,888.67 20 TRD 12.5 24 7,877.41 V. \ // 49// 21 TRD 11.1 22 7,876.33 66 TRD 14.4 28 7,890.09 ;.S- 0 f- 11/.(/4 67 TRD 13.6 26 7,889.76 #--2 f.3.( , 22 TRD 10.3 20 7,875.77 GRAPHIC SCALE ~ , ~/~/ 3ypr ----- 5 9 23 TRD 13.3 25 I. ,/ , ' ~1 13> /, 68 TRD 11.0 22 7,888.15 / / 2 - ,// , // 3, > 69 TRD 11.3 22 7,886.96 24 TRD 7.5 15 7,877.01 20 0 10 20 40 8~0 ' a ' , , Wrh ' 7,887.42 7,884.14 , .4 S ,// e 4.0 8 7,885.87 25 TRD 9.1 18 -1/ r 3 \ h Â£ 70 TRD 9.0 18 26 TRD 12.4 25 7,884.76 (IN FEET) ~, *~~t;3<f<.i-~c-3--.-en-2 ,L \3~1,/ / 1 -2 / . 3.' .44) 7 2 71. k 18 2 72 TRC 9.2 7,883.79 27 TRD 10.4 22 7,883.87 linch = 20 1 , ... tf//./.74 /.:, 28 TRD 21.7 40 7,884.53 735 65~,2Â¢4*3~---- - - --~ ~7Â· ~ki#, ~ ~- \ ~ 73 TRD 14.7 30 7,894.00 44/36- .17 1 , 1 6./ .6 29 TRD 21.1 40 7,881.63 = 74 TRD 11.7 24 7,897.49 -57#RECÂ»- \,k - - -/ I 2 5.1 30 TRD 22.9 45 7,879.98 ...0-'--' : 0 5 + d, : 9,2 0 * 4. -Â·5?rep------40. .0 - f , 76 TRD 6.2 12 7,895.46 75 TRD 10 7,897.56 Pl i 1 ' + - wooDiia-Â·-Â·~ \ m -O 31 TRD 15.5 30 7,879.05 / + 32 TRC 6.3 13 7,877.19 /04.0 / / f'. I#.132.11 3- c *\1 .6% 12 1 ..4 / -9i 77 TRD 16.6 33 7,891.20 7,878.26 1 -~ 33 TRC 5.7 12 00- / / Â·~ ,0 r , 9./ /./ L + 4e ., .2 --JI/R-9 4 < t.3 2.4 , n 78 TRC 4.1 8 7,892.66 Â»m 3.. 34 I . 4 /3/ it TRD 4.0 8 7,878.72 V , / j , ' ~ 0 '7, r,-7 + 79 TRD 12.0 24 7,886.02 I i :if> v , 26*2 . , ./ ar . 80 !0Kzc TRD 13.1 26 7,885.90 ,+0 er 8837Â· 35 TRC 10.5 20 7,878.27 6 / 0,6\ ,/ 4 t S 4 1 '.] 6 kA. . .4 \ AL -0 l / 10 /# E I i -1. S z g v m 81 TRD 7.6 15 7,884.38 9 O rn -12 1 h r- -1 m N IE RETAINING 36 TRD 10.1 20 7,884.63 1.,1 4 ' -00 - 7,884.65 0-1-0 -9. 94 - - .r//A 4/ t " = -ngÂ¥ 82 TRD 6.5 13 37 TRD 22.7 40 7,883.92 i J.0 ~ r Â· - -34Â«. - ./ 402 /.//1 2 e ;. 6 m z "' 83 TRD 5.7 12 7,885.32 ;100 16 0 -40Â»GO"/ tsÂ· ./ 454 10>'~ 0,90 m 0 84 TRD 6.6 13 7,885.62 38 TRC 8.1 16 7,885.82 I. 1 85 TRC 9.5 20 7,885.09 39 TRC 10.8 21 7,885.15 A/ / 3 4>00 : ./. 59+ 0 , 40 TRD 7,884.92 6.4 12 41 TRC 8.9 20 7,884.70 -/1 4 v . ... -R// f 90,1 // 2 / Â¢f43.4 6 %.T,- ~,/ r' 62 9-1,91 8 -23 ' , I ~r . . Â·- t. ; ~-- - - ' 86 TRC 11.1 23 7,883.96 0 42 TRD 14.4 30 7,88525 + t B '~ /~~1 / Â©46LO~052~ 87 TRC 10.3 20 7,885.85 / 14 7 88 TRC 8.9.20 7,886.05 SU)PE PER 33 .. I 642 -ii*lf .ful:all 43 TRC 4.8 10 7,885.10 */- - V* *V k . -- 4 Â£, f. 1 A ep , 9. S.*00 44 TRD 18.1 30 7,891.57 Â»024 7 QI- P.J - Â© 1 4%19* 1 01 89 TRI) 6.1 12 7,886.14 *A Â£41#17- / 45 TRD 10.1 20 7,888.81 5.9 ':6 1,Â· . . . -- - .' f ~~~ --- 'NOQ~ ~7' ~ ~ 4.,1 Zj< 1 0 91 TRC 5.9 12 7,886.57 '~ 1 ~3~-<,~~(CSo~~,'40 6 90 TRI) 5.9. 12 7,885.88 *v ~+ 4 92 2+4 â‚¬Â« < ./6 7*2 -4,4 4 4% TRC 9.8 20 7,885.80 0.-- bi-1 -0, < 93 TRC 3.0 6 7,885.20 Â· 1 6 6 4 / 0+0~* i, 4 Hi #' ,/. . 10 /zo~4-4#4- - 1.- I- - ' 94 TRC 3.5 7 7,885.39 / EXISTINGCONDITIONSLEGEND_ , \ 2 = + e %16- f , /*57 -0/ / TELEPHONE PEDESTAL 95 TRC 3.0 6 7,885.23 /// h SEWER MANHOLE 96 TRC 3.0 6 7,885.34 2044 A<,167., 3\,t ~ ..' \ 1 42-4-- 04 + 0.35' J' 'f-h WATER VALVE 4 4 / 2~ //353/ //0/ 98 TRC 7.1 14 7,886.16 3~ *. 6'k'L Â»24.J .~ 'V, 9*4+ 100 TRC 4.9 9 7,887.44 WATER HYDRANT , 4. . 30 # 06 4~ 4 1Â· *-- 12 / i" /-2/7Â¢i~ - 6 97 â„¢ 3.0 7,885,8: h / GAS METER 99 TRD 30.7 50 7,887.09 4.6/ 6 442Â» 4 4 1 ~ 1 :tâ‚¬ AU -- 1//4, /7/9 9 /4/fj:~ / 47 2 13 2 9% , h / 9/ /2 0,- 4 2, %,0,irfs 04* (6>'' (flÂ¢%01> 4 101 TRC 4.5 9 7,890.96 \. 2.. *9"A I ~ DRYWELL . 4- 9-le -A D 9 + + 102 TRC 7J 16 7,893.46 L 7- 7)*i*~f #f&iwitf I \ 1 1 64 2 WATER METER , 60 , .j 4 ~ 1 , m <Â°6 ' 1 4 1/(9/4/4~3/ /le# 44 103 TRC 8.1 16 7,896.10 e \ 6-1.6 62 e '910 f ~ /Â»CE, 104 TRI 8.5 20 7,899.63 LAMP / /1# L-9 .\\ i\\.0 \ S 'fi /93Â« 105 TRC 4.1 8 7,901.11 L. ..a /' /i SIGN ~~ ~ 'Q f k~t , BOUNDARY NOTES ELECTRIC TRANSFORMER ~ 10-7 'I \ ' .I .1~. , Â·- r rf.1 to. - r 6.11 ~0 106 TRD 5.3 10 7,900.43 0 6 - ' t SEWER CLEANOUT 49 1) Creek Tree Subdivision recorded in 1978 as reception number 201877 107 TRC 6.5 12 7,898.36 1 \ ,1, 1/2,1> ; ELECTRIC METER .\ Q .0 / el. I Â·-4, / I- 9 4. (Original Plat) of the Pitkin County Records is partly established by Block 20, 108 TRD 4.5 9 7,895.99 , ,.4.49/ i,6505%>' . e Townsite of Aspen, Oklahoma Flats Addition Blocks and Lots and the exterior 109 TRD 6.1 12 7,896.23 AIR CONDITIONING UNIT / / ~Â· O 0'0 7~ A % .4 f '1 * <. 3.-eÂ· -Â·l 4 \%.. 111111, 1 ////,/ 'f~ STRUCTUAL COLUMN ' 83 %1% \ 9, 02 4 n.0 4.-_ . - r /1/ 1/4/47 //7 Â·72,7 40~ the subsequent Second Amendment to Creektree Subdivision Lot 1 (2nd 111 TRC 7.3 14 7,896.36 3 1 on - g boundary of East Aspen Addition. In retracing the above referenced Plat and 110 TRD 7.4 14 7,895.02 ' 4*4009* C / 0,1 509% Â·'. pit j 4 . TREE TABLE KEY# / 16%Â£ U. 0 2 2-3 3 * 4 7 Amendment) Sopris Engineering (SE) noted the following: 112 TRC 4.0 8 7,886.45 â‚¬1 9.4 p \ 4 a) The Second Amendment revised calls along the westerly Lot 1 boundary in 19 %\4%5 : # i Zi~ I t<l<(Clll ({(c (((1(- 113 TRC 6.3 12 7,885.96 114 TRC 4.0 8 7,886.36 1 . .\40<.4 9% \ Site relation to the Original Plat. \ 0 0 -+44% 116 2 TRD'S 18.7 35 7,877.34 i / r.. r'll\11 b) Field work located monuments set for the Original Plat, Second 115 TRC 4.0 8 7.887.16 9.0 0 1.0 ' #00 A 1 \ , 0...,0 5/ < <CE iliilli 1 , 6 9 Amendment and adjoining property survey monuments. Â».P 09 ~ s 0- Â« kit < - 3, C)'01& 70 - ~ ~ 11111~1 11/4 ./.0/k c) The found Second Amendment survey monuments agreed between 117 TRD 11.0 22 7.876.36 1 , r./*\OBAS 206% .\ 0 + e \ 1, 36 $ O . i \Â»L z # 41,5 + 1 1 themselves but were in conflict with other found Original Plat and 118 2 TRD'S 18.4 7,877.75 '31 lill \~~1,4 A . . , V *49'8 ~~ i~~ I 691Â© adjoining monuments. S-~1%6~ \~371 z.~ 111// *%13)J,t <1\1\1~ ~ r5*9> 2 4 Â© d) The found monuments for the Original Plat, Aspen Townsite Blocks, East 120 TRD 9.9 20 7,878.29 -- 6 ' 1Â·~1 <ttitt 119 TRD 17.8 36 7,877.93 \ : %%11 , 10.+ Aspen Addition and Oklahoma Flats Addition blocks/lots generally agreed. 121 TRD 15.8 30 7,877.34 0,46 e) This survey utilized the Original Plat Lot 1 bearing and distance calls to 122 TRD 7.1 14 7,878.26 9, 0 21 ~ , j retrace and establish the Subject Property based on conformity with + surrounding found corner monuments. \ 1, 4,1 1 1 ..1. \\11 1,~\\ 16\\\\\11\ 124 TRD 13.3 26 7,881.12 li x 125 TRD 12.5 25 7,883.60 Â»Gm h Ai + 2) The River's Edge Condominium (reception number 372361) is positioned \ 11 , 2 4* 4 1 w hereon based on found survey corners monumenting corners for said Plat 126 TRD 11.2 22 7,884.99 4 4 including the Sl/4 corner of Section 7. This Property, as monumented, 127 TRD 12.2 24 7,884.93 \ Sa U 1 1,0 overlaps the Subject Property of this survey, as shown hereon. 128 TRC 18.4 36 7,887.41 to \ 431 t I "- 129 TRC 12.1 25 7,886.39 130 15.0 50 7,889.23 02* Â· 4 w 3) Stream margin setback per the Second Amendment to Creektree Subdivision 5 TRD'S i C...e 7,887.28 \,6 U i \ Lot 1 is determined by a 15' offset from the Roaring Fork river bank. 131 2 TRD'S 18.1 45 rn GENERAL UTILITY NOTES: - 4 33Â». ' ~ * Possible re-grading and snow conditions at the time of this survey did not 132 3 TRD'S 16.7 40 7,886.82 0 1. The locations of underground utilities have been plotted based on , ;-Psopv U second Amendment since determining existing conditions could not utilities, as shown, may not represent actual field conditions. It is the \~ ~ tfourifi*591% S. 'A? 101 allow for determining said river bank previous to construction of existing 133 4 TRD'S 13.6 42 7,887.80 Â· \ - house. the building envelope shown on the river side is based solely on said 134 TRD 11.2 20 7,882.98 \ utility maps, construction/design plans, other information provided by utility companies and actual field locations in some instances. These \ \ \ ..4EB4 135 TRC 15.8.30 7,886.69 . 0 be confirmed. 115 *,0,06 66 4 136 TRC 5.2 11 7,882.73 responsibility of the contractor to contact all utility companies for field \ '~ t \ \*308 9.1132 SOPRIS ENGINEERING - LLC 137 TRC 4.0 8 7,882.80 location of utilities prior to construction. ~ 53921 502 MAIN STREET, SUITE A3 \ CARBONDALE, COLORADO 81623 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AammEDUPONAmDEFECINâ„¢6SU~WmINâ„¢REEYEARS (970) 704-0311 SOPRISENG@SOPRISENG.COM AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN I YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. RAB 14048 2015-04-23 M:\3400dwgs\14048\EX-2015\14048-Creek_Tree-ISP-2015-04-23.dwg EC #4367 92Â® Imoem ]* m @m*ix,0 8 PATH: G/DRIVE / MASTER FILES/ADMINISTRATIVE/ADMIN/RANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0007.2016.ASLU PARCEL ID NUMBERS 2737 073 500 01 PROJECT ADDRESS 855 BAY ST, CREEK TREE LOT 1 PLANNER HILLARY SEMINICK CASE DESCRIPTION APPLICATION FOR LAND USE OKLAHOMA FLATS TRAIL REPRESENTATIVE JENNIFER DICUOLLO DATE OF FINAL ACTION 02.18.2016 CLOSED BY KARLA HENRICHON 7.19.16 00Â©7 20(G. As L.- LI 0 Permits 01@ 434 -1- Elle Edit Record Navigate Fgrm Repons Format Iab Help ~ i @ 3 'X,j> V 4 Ai -,~ a,/â€žti~I,b ~Eje<3 968'~DI 1 > >10 81& lumpl *~i*|6~ 1 9 0 9 91 8 J . im 11 3 3 0 2 4 7 @ Al ~ ~~| Cutom Fields Ro#ng Status ' Fee SummarY 'Actions IRouting Listory 1 ~mit type aslu Aspen Land Use Permit# 0007.2016.ASLU Address OKLAHOMA FLT 1*L 5 1. APVSuite City ASPEN State CO w Zip 81611 I ~ Permit Diformation Routing queue aslu15 Applied 01/21/2016 v ~~ O 1 Master permit 5.1 ~ l~- Project Status pending Approved * ~ ~ Description APPLICATION FOR LAND USE| OKLAHOMA FLATS TRAIL - PARKS DEPT STREAM Issued MARGIN EXEMPTION - APPROVED 50% FEE WAIVER FOR PLANNING FEES ONLY // $650 # PLANNER HILLARY S. Closed/Final ~ i Submitted MATT KUHN TAILS MANAGER clock EFIEJ Days ~-i| Expires 01/15/2017 â€¢ 1 Submitted via Â¥ ' 9?99Â¥?7962Â¢fiEF~ i Owner Last name CITY OF ASPEN - MATT KU First name PARKS DEPARTMENT 585 CEMETARY LN ASPEN CO 81611 Phone (970)429-2035 Address ~ App||Cant 1 Â® Owner is applicant? D Contrador is applicant? â€¢ - Last name CITY OF ASPEN - MATT KU First name PARKS DEPARTMENT 585 CEMETARY LN ASPEN CO 81611 Phone (970) 429-2035 Cust # 30274 Address Emai Lender Last name ' Â·Â· First name Phone C)- Address Displays the permit owner's first name 4 AspenGold5 (sewer''angelas 9~ 1 of 1 01 5-0 lD Fee_ Ajouvey kge,rd\ Ers IJ *0 q'ooll ~ sdno.10 q f#0% DEVELOPMENT ORDER C ity 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 (3) -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 the change is accomplished or 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. Property Owner's Name, Mailing Address and telephone number: Matt Kuhn. Project Manager City o f Aspen Parks Department 583 Cemetery Lane, Aspen CO 81611 970.429.2035 Legal Description and Street Address of Subject Propertv: The easement per Second Amendment to Creektree Subdivision Lot 1 Rec No. 436714 located at Lot 1. Creektree Subdivision according to the plat thereof recorded February 14, 1978 in Plat Book 6 at Page 83 and the First Amendment Plat of the Creektree Subdivision, Recorded June 21. 1995 in Plat Book 37 at Page 54 and the Second Amendment to the Creektree Subdivision Lot 1 Recorded October 9, 1999 in Plat Book 51 at Page 63, commonly known as a portion of the Oklahoma Flats trail at 855 Bay Street, City of Aspen, County of Pitkin, Colorado. Written Description of the Site Specific Plan and/or Attachment Describing Plan: Stream Margin Review Exemption relating to Municipal Code Section 26.435.030(B) - Exemption. The exemption allows for the replacement of an existing retaining wall and replacement of existing trail surface. Land Use Approval Received and Dates: Administrative approval granted February 13.2016 Effective Date of Development Order: February 25,2016. (Same as date of publication of notice of approval.) Expiration Date of Development Order: February 25, 2019 (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.) (Signature on following page) Issued this 1 68 day of February. 2016 by the City of Aspen Community Development Director. clotou--~_ Jennifer Phelanly Interim Community Development Director City of Aspen AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3*ve,6,*unt OUu Aspen, CO STATE OF COLORADO ) County of Pitkin ) I, 36--) f~- Sco- (name, please print) being or representing an Applicant to the City o f Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnotice: By the publication in the legal notice section o f an o fficial paper or a paper o f general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy ofthe publication is attached hereto. 0-24& 5- Signature The foregoing "Affidavit ofNotice" was acknowledged before me this.24 day of /&Â£,rM.â€¢4'01 , 2004_, by .4~, -04" 5-7 PUBLIC NOTICE Of DEVELOPMENT APPROVAL /J~ WITNESS MY HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site-specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Artide 68, Colorado Revised Statutes, pertain- Mv commission expires: 3 1% lt/91 ing to the following described property:, Parcel ID 2737-073-50-001; legally described as The ease- ment per Second Amendment to Creektree Subdi- vision Lot 1 Rec No. 436714 located at Lot 1, Creektree Subdivision according to the plat thereof U.,i 2Â£,c 28-tta recorded February 14, 1978 in Plat Book 6 at Page 83 and the First Amendment Plat of the Creektree Notary Public Subdivision, Recorded June 21,1995 in Plat Book 37 at Page 54 and the Second Amendment to the NICOLE ELIZABETH HEANING Creektree Subdivision Lot 1 Recorded October 9, -1999&-Plat-Book-51-aLPage63.-commonly-known NOTARY PUBLIC Â· STATE OF COLORADO as a portion of the Oklahoma Flats trail at 855 Bay Notary Identification #20154012950 Street, City of Aspen, County of Pitkin, Colorado. ATTACHMENTS: My Commission Expires 3/31/2019 The approval grants an Stream Margin Review Exemption relating to Municipal Code Section 26.435.030(B) - Exemption. The exemption allows for the replacement an existing retaining wall and trail surface on the Oklahoma Flats Trail. The COPY OF THE PUBLICATION changeis depicted in the land use application on file with the City of Aspen. For further information contact Hillary Seminick at the City of Aspen Community Development Dept., 130 S. Galena St. Aspen, Colorado hillary.seminick@cityofaspen.com, (970) 429-2741. City of Aspen Published in The Aspen Times on February 25, 2016.(11933954) RECEPTION#: 627142. 02/18/2016 at 03:20:41 1 OF 8, R ..6.00 Doc Code APPROVAL Janice K. Vos Caudill. Pitkin County, CO NOTICE OF APPROVAL FOR STREAM MARGIN REVIEW EXEMPTION TO: THE EASEMENT PER SECOND AMENDMENT TO CREEKTREE SUBDIVISION LOT 1 REC NO. 436714 LOCATED AT LOT 1, CREEKTREE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 14, 1978 IN PLAT BOOK 6 AT PAGE 83 AND THE FIRST AMENDMENT PLAT OF THE CREEKTREE SUBDIVISION, RECORDED JUNE 21, 1995 IN PLAT BOOK 37 AT PAGE 54 AND THE SECOND AMENDMENT TO THE CREEKTREE SUBDIVISION LOT 1 RECORDED OCTOBER 9, 1999 IN PLAT BOOK 51 AT PAGE 63, COMMONLY KNOWN AS A PORTION OF THE OKLAHOMA FLATS TRAIL AT 855 BAY STREET. Parcel ID: 2737-073-50-001 APPLICANT: City o f Aspen Parks Department Matt Kuhn, Project Manager 585 Cemetery Lane, Aspen CO 81611 970-429-2035 REPRESENTATIVE: Jennifer DiCuollo DHM Design 311 Main St. Suite 102 Carbondale CO 81623 970-963-6520 SUBJECT & SITE OF APPROVAL: Stream Margin Review Exemption for a portion of the Oklahoma Flats Trail at 855 Bay Street ZONING: Low Density Residential R-30 BACKGROUND: The Oklahoma Flats Trail provides a pedestrian and bike connection between Neale Avenue and the Rio Grande Trail. The trail was first constructed in the early 1980s and a portion ofthis trail is located on an easement .em 4,- 2,1,1~t".,~d Â¥*7â„¢ l' atthe 855 Bay St. property as depicted in 2,~Z" 0..~* AL ' Â¢-- r / . *Fo. 7 ~ - 6.Qi - Figure A. City Council Resolution No. 1 12, 5&~2 49'44217-7~ ~4 ' /'11Â¥ 2J )*1Â·:IÂ¥7%i. - Series 2015 approved an agreement between LL' 4 V---10. , p. . 1% .tru, 61 44.1... Aspen Stream LLC, the owner of 855 Bay St. ~:4â‚¬~~iJa,$ -- 31 31"fai'41Â·.~~~ and the City of Aspen to reconstruct and W Oklahoma L#/<diAgy, 1/4.1 1*NIa / Flats Trail r\. '.7 2,1 . >M subject property Â®4 realign the Oklahoma Flats Trail on the 855 1 Bay St. property. A portion of the trail is ~*441â€¢' ---- ' it =*A located within 100 feet of the Roaring Fork *474/w,'e?,I~ m W. River and is there fore subj ect to Stream f."14&7=4.LÂ·* ar:-*m Margin Review. Figure A. Vicinity Map pg. 1 of 4 SUMMARY: The Applicant seeks a Stream Margin Review Exemption for the public trail improvements located within the Stream Margin as depicted in Figure B. The improvements are located within the top of bank, the 15' setback from the top of bank The extent o f the improvements within the Stream Margin will include the replacement of an existing railroad tie wall that is structurally failing. The existing retaining wall will be replaced with a mechanically stabilized earth (MSE) wall which will be more durable and will require less maintenance. The detailing of the wall is consistent with walls currently used in other City ofAspen Parks and Trails projects. The existing asphalt will be removed, and a new asphalt trail mat will be laid upon completion of the grading and wall construction. The overall area of trail and the height and extents of the retaining walls within the Stream Margin will be consistent with the existing condition. 20 i ,..tj 6 1 ...:Ii . 1 J) \Â©4*4/\ z #21 UL> "-- 1 # STREAM MARGIN RE,Sâ€¢.AREA -.- - e. w.4 / 'r,-,\ - Wi 19--4--LIM EXISTING RETAINING WAI TO BE 7%=4\ â„¢22. REFUSED AS A RESULT OF -Râ€¢.IL IMPRO.Â·1 WI NTS AN D Rl -11 IG NME 4 t St 7 .+ CML DIA'GS FOR LIMITS CF'.â€¢,OR< EXISTING -RAI. TORPRESURFACED - - ~ ' Ilia ),\ \\ 1, SEE CML OWGS FCR LIMITS CP WORK k Jk 0 439*gl//3 4,00 21/ a 44 4., \F\ Â«17-liÂ«hÂ· - *- 0 /jox'U~ RESIDENCE 4.2# ...lar.--na-)/11 . . f ./Stul/2't.= 0...231.,Â»2%7.1 L n Â·L. 1, - 41=-41:27- r- .Â»92 1 -/' 41 1 1, ' 21 EXISTI\GERIDGE - 4 ' i ~41,4 0 ~4__ .2 f -~*44'bULNg *~tLC'311 f'A 1 1 45: i Â»- .......---- tzi tr LA4*UfllÂ¢%, 1 -4... <942*\ '4 / . \34- 4995 /00 *4 1-Â¥1 -9Â« 14 \ . %. Figure B. Project Location A Stream Margin Exemption may be granted for the construction ofpublic pedestrian trails provided the Applicant can demonstrate that the structure will prevent blockage of peak pg. 2 of4 flow and the development complies with the Stream Margin Review criteria to the extent practical. STAFF EVALUATION: The project scope for the improvements within the Stream Margin include refurbishing the existing trail surface and replacing an existing failing retaining wall. The improvements will be outside of the 100 year flood plain and the high water line. The improvements will be within the top of bank and 15' setback from the top of bank. The Applicant has demonstrated the improvements will not encroach into the 45Â° progressive height limit from the top of slope. The trail will not result in an increase of the potential blockage of drainage during peak flows as it is beyond the 100 year flood plain and the high water line. Staff compared the project improvements to the review criteria for Stream Margin Review in Exhibit B. The development will be within the existing footprint and not result in an increase in floor area, nor do areas exempt from floor area calculations. As the improvements will remain within the existing footprint, no portion o f the trail or retaining wall will be any closer to the Roaring Fork River. The existing trail is within the 15' Top of Slope setback, where no development is permitted. It would be impractical for a public trail serving the Rio Grande Trail on the opposite side of the Roaring Fork River to not be within this area. Grading will be required to place the MSE wall and be limited to the extent practical to replace the retaining element. All areas shall be revegetated with native vegetation, as approved by the Parks Department. A building envelope is not proposed for the Oklahoma Flats Trail project; however, one does exist for the 855 Bay St. property for the private residential improvements. A fisherman's easement already exists on the property; therefore one is not required in this review. Additionally, no exterior lighting is proposed in the proj ect. Parks Department The project will require the removal of trees and said removal will require a permit. The City Forester has been consulted regarding these trees and indicated they are feasible for removal. There is potential to transplant several o f the trees on-site. Engineering Department The project was referred to the Engineering Department. The Engineering Department approved the trail improvement project without conditions. The project shall comply with the Urban Runoff Management Plan, as amended and in accordance with Sec. 26.435.040.C(4). The Applicant shall submit the Top of Slope location to the Engineering Department in a format deemed acceptable to the Department. Summary The project is to improve the existing Oklahoma Flats Trail, a City of Aspen maintained public trail, within the Stream Margin. Public trail improvements may receive Stream Margin Exemption provided the project meets the Stream Margin Review standards to the extent practical. The project meets criteria 1-11 in Stream Margin Review; therefore, Staff finds the project meets the Review Criteria for a Stream Margin Exemption. pg. 3 of 4 DECISION: The Community Development Director finds the project to be consistent with Chapter 26.435.030(B) Stream Margin Review Exemptions as shown in Exhibit B and thereby, APPROVES the request. APPR{iVED BY: c ) NAER LL a /\51 (-\ U Jhrriffer Phel~, Date / Interim Community Development Director Exhibit A: Approved Plans (recorded) Exhibit B: Review Criteria (not recorded) Exhibit C: Application (not recorded) pg. 4 of 4 ,/\ B ~trij.~ /1 & i ~tem / 1 6 *\\ NOTES: 3 T ~BESIGH 1. SITE PLANS ARE PRELâ„¢INARY AND ARE BASED ON THE SCHEMATIC DESIGN FOR THE PROPOSED RESIDENCE AND TRAIL .4...ADC-CICTUP' 2. DRIVEWAY TO BE RE-CONFIGURED AND EXTENDED DUE TO RE-ALIGNMENT OF OKLAHOMA FLATS TRAIL IN COORDINATION WITH THE CITY OF ASPEN. \ 6&13 *\ c ,Â§O!4\ .'BANDESION 4. SEE CIVIL DRAWINGS FOR LIMITS OF DISTURBANCE GRADING AND WALL AND TRAIL DETAILS . yâ„¢*$- CO 'la~319709~,90 3. RE-ALIGNMENT OF OKLAHOMA FLATS TRAIL WILL BE COORDINATED WITH CITY OF ASPEN. 311 M- 51/01 ./102 5, TOP oF BANK TO THE EAST OF THE OKLAHOMA FLATS TRAIL HAS BEEN DETERMINED BY THE CITY 7 03 OF ASPEN ENGINEERING DEPARTMENT AND SURVEYED BY SOPRIS ENGINEERING. TOP OF BANK AS IT CROSSES THE OKLAHOMA FLATS TRAIL HAS BEEN INTERPOLATED BASED ON SURVEY CONTOURS AND EXISTING CONDITIONS PHOTOGRAPHS. FINAL TOP OF BANK AS IT INTERSECTS 449 ~ t.0 3 +, _ il WITH THE OKLAHOMA FLATS WILL BE DETERMINED IN THE FIELD WITH THECITY OF ASPEN .p .2 ,/rl /Â·,1 ENGINEERING DEPARTMENT. TO BE SURVEYED WHEN WEATHER AND SNOW CONDITIONS PERMIT. CMEn*.#0 * KI./..4 17.. 1 ,/ 6 zu 11!11, Po. m. 4 , El ~ WA 1 1 4 Ai~en CM'IJ~970948 7474 V ~~- 'linST,ee'Un,I, E / A ., IP#/A ~ 10; . Sl.~i, luial Er~Ini,84ng \/ &4*ST - -----% C*end- C.8[623 9709275174 REuSE oF cocuME'r ,f&. Pi i / , ' A./1 * * h-I. 1 ...Â¢ de*w.â€¢-1 d. mfilm-11 0, *f- -*101 -I I 2-* 14 2" 3, Il -- ' o 2htkr ( !Â£ Ii' / h.1.... '' 't 1 14Â» i 1 .i STREAM MARGIN REVIEW AREA - 4.24 w *-*hic - -/ ' j EXISTING RETAINING WALL TO BE -3 ; L h REPLACED AS A RESULT OF TRAIL p , + h. , , IMPROVEMENTS ANDRE-ALIGNMENT, SEE \ a CMLOWGSFORLIMITSOFWORK EXISTING TRAk TO BE RESURFACED, .' 00 Lf,-Â· SEE CMLD/GS FORLIMITS OF WORK 0 1 4 â€¢ 4 1 0 1 . 8 < 1 4\111.%\-- ~ 4-25 RESEy/1 , , 18,, i - Gkr. 4 4 1 / EXISTINGBRIDGE / , 09 '' ) 4 4 0 %\\ , 7.0 14419.01 01.06.16 LEGEND: PRGICTN.I. DATE ---- BUILDING ENVELOPE DE.... ~---- ~ ~~ EXISTING TREES TO REMAIN DRA. 6 *--0 \\%-4943* Â»N' '> 1 00 - PROPOSEDASPHALTPAVING 11Â¥ SOPRiS ENGINEERING lilli 0â‚¬0(E~ I - - HIGHWATERLINEASSURVEYED câ€žN,L malln'~ i | SEE CIVIL DV~GS . ---- 100'OFFS-OPHIGHWATERLINE - PROPOSED CONCRETE 4 ~ ~ PAVING, SEE CML DWGS i STREAM REVIEW AREA ' PROPOSEDRETAININGWALL. - - TOP OF BANK AS SURVEYED BY SOPRIS Â£0 DOCÂ¥.* , - SEE CIVIL DWGS ENGINEERING IN COORDINATION WHH â€¢ THECITY'FASPEN Stream Margin Exemption STREAM MARGIN EXEMPTION PLANS Â«......---Â·-~- STREAMMARGIN SETBACK SET TmE. REFER TO 855 BAY STREET PER 1999 PLAT STREAM MARGIN 1 1 / STREAM MARGIN REVIEW AREA EXEMPTION I ----15 OFFSET BASED ON SITE MATERIALS ./04 1 CURREN]Â·TOPOF BANK PLAN ' - - - - 100 YR FLOOD LINE ~ PER FEMA MAPPING ER~ LS1.0 SCALE: 1'â€¢20+0- \%/, 1 - 99Â» LE ~ *772: |!eil siel:I eluoqeplo 00 'uadsv d /i C n , -4 1 PAN-3 - Clil 'tit \ 16\ f <Â£ PROPOSED SHRUBS ALONG TRAIL 1 Â· ---I N \ r--/0 /< Â·Â·wnfR 1/ ~1611 _e LA,40 Pt,rÂ¢Nlf#G NOTES: R I +.0/1 93:29 1 EACH TREE TO BE INSTALLED. 4 ueBANDESIGN 1. PLANT MATERIAL IS TO BE HEALTHY SPECIMENS FREE FROM DISEASE OR DAMAGE. Corbu~~c CO 6182]~029*3~6;r - 2. CONTRACTOR IS TO VERIFY ALL OUANTITIES: IN CASE OF DISCREPANCIES, GRAPHICALLY SHOWN PLANT 311.003./ .i/ 102 AND IRRIGATION QUANTITIES SHALL TAKE PRECEDENCE. PROVIDE MATCHING SIZES AND FORMS FOR 3. ALL MATERIALS USED SHALL CONFORM TO THE GUIDELINES ESTABLISHED BY THE CURRENT AMERICAN STANDARDS FOR NURSERY STOCK, PUBLISHED BY THE AMERICAN ASSOCIATION OF NURSERYMEN. H"% 74 4,- \33 4. ALL PLANT MATERIAL TO BE APPROVED BY THE OWNER+S REP PRIOR TO INSTALLATION. 5. CONTRACTOR TO STAKE ALL TREE LOCATIONS PER PLAN. 1 LIMITS OF DISTURSANCE 1 5 r i LJ 6. OBTAIN LANDSCAPE ARCHITEC/S APPROVAL OF STAKED LOCATINS PRIOR TO PLANTING. i \ 62 U# , 7. STOCKPILED PLANT MATERIAL TO BE PLACED IN THE SHADE AND HAND-WATERED UNTIL PLANTED. CM ** phi-3 -\. N, 8. MAINTAIN POSITIVE DRAINAGE AWAY FROM WALLS. WALKS. BUILDINGS, AND OTHER STRUCTURES AT P08o],9554 / /\ \4 ./i ..A 11 ALL TIMES. FINE GRADING SHALL BE APPROVED PRIOR TO SEEDING. A5oer CC81612197094814~4 PM-3 7/ \ \ ./.1 9. INSTALL MIN 4- DEPTH OF SPECIFIED MULCH OVER FILTER FABRIC IN ALL SHRUB BEDS. I PRop0SED SHRUBS -~ I . / it-(af , + $*MI. 10. DO NOT PLACE MULCH WITHIN 6Â· OF TREE TRUNKS. ALONG -TRAIL \ i 11. SEE CIVIL PLANS FOR PROPOSED GRADES. 1*6 , re# 12 THE CONTRACTOR SHALL FINE GRADE ALL AREAS TO BE PLANTED. THE CONTRACTOR SHALL REMOVE S ./21./al /*le.. P- ili -.*,9 REQUIRED DEPTH OF SOIL ALONG WALK WAYS TO ACCOMMODATE SEED. TOPSOIL. OR MULCH DEPTH. Q 5/ 1./.leÂ· 9.1 2 13. AUTOMAnC IRRIGATION TO BE PROVIDED TO ALL DISTURBED AREAS. Carterâ‚¬cie CO 81/3 PT.3 i , 14~ SEE GEOTECHNICAL REPORT FOR IRRIGAT]ON RECOMMENDATIONS WITHIN 10' OF STRUCTURES, ! 14 PROTECT ROOT SYSTEMS FROM PONDING, ERODING, OR EXCESSIVE WETTING CAUSED BY ~-.k,W --â€¢ ./ â€¢4Â¤14!. * - P!,4.2 i CONTACT OWNERÂ·S REPRESENTATIVE iMMEDIATELY SHOULD A CONFLICT ARISE BETWEEN THESE REUSE OF DC>CUUENT ~/ PLANS AND THE GEOTECHNICAL REPORT. ANI-1 15. TREES TO REMAIN WILL BE PROTECTED PER CITY OF ASPEN CONSTRUCTION REQUIREMENTS FOR .*= *JI. *- EXCAVATION ADJACENT TO PROTECTED RESOURCES. 17. CONSTRUCTION OPERATIONG. ..........â€žm. 6â€ž MAINTAIN TREE PROTECTION ZONES FREE OF WEEDS AND TRASH. 18. TREES PLANTED NEAR DIP LINE OF EXISTING TREES SHALL BE HAND DUG. Ex,sli~G TREES To REN./- - v. 4 / 19 SEE PLANT LIST FOR TREE SPECIES QUANTITIES AND SIZES. PLANT QUANTITIES AND SPECIES PROVIDED ON THIS LIST ARE BASED ON PRELIMINARY LANDSCAPE DESIGN. FINAL TREE MITIGATION TO 77 \-r=%4/ f / aE SUBMITTED WITH LANDSCAPE ANtD GRADING PERMIT APPLICATION, TRANSPLANTED TEES - 4 , -9., PT-2 6 1 "+ 74<Pr'y h. 1 0 ch PLANT LIST: STREAM MARGIN a ~ + e _ _ , 3 REVIEWAREA NATIVESEEDMIX INALL ,' KEyl QUANÂ»1,1. 321100- 1 1 TREES DISTURBED AREAS . PPH| ?I 17.- pul@,fls â„¢ope,; HIx,csâ€¢ S-e / IN| 61 lt....10,~An..Sent'~I coennal At=t,i~, pi- PPH= .â€¢ â€¢ PAN| 51 31.opul-m... I.I.*M')..0/ PT.2 / , ,/ + $ 6 1 '....1 ff /$ PTI 81 311;POâ€ž. 1--â€ž Ouak# ASP.~ P.3 PTI 41 2.0-1.0-Ju, u,mU-â€¢ O-1. Aspe, PT-2 / PT-3 f-4/ R PTl 31 7 G~1.IPof- h~m,ilâ€židel O-ing Asp.., p.1 111 .IP,-dolit,a me.* Dc)~as. 0 / P,2 42 OP.. m lairl QUAN)1~. S,2610-c N- MÂ»â„¢.1 Nall / SHRUB/(109/0/9 AG' 1 S Gal 'AcÂ« *.C-cla' 10'.fA,â„¢IM.... -\ pv/1 1 5 Gill.1/1-1. .1.-1 :Com'll....... RC~ | 55,1.IR~-C..0 1.- 0... RWI | 5/01,1#%O.*-d,Â» IWoo. Rk- 601 1 5/,1,|sym,Â¤-~ -I' Sno-y RESIDENCE ~ - NATIVE SEED MD - *-* '-I 14 ICon.mo,1-, 1 '4 /* 1 15%1010-lebenteini~ |*~dow Bromnepis | I 10/Ip....... IC,nh.lue'./ 1 f 1* 4 1 1/Imal,/mothy I | 14%|Damils#omel/Â·Plom.' I.charde,5, 1 1 15%|Bromu, rnaq,Inatui~om,e IMountainlforne~rat, 1 - #A N 4/ | 17%|ENâ€¢.usladâ€žca,lu,Â·5-tuis' ISIenderWhe~t,fais I 1 [ | 14%|Pascopy.msm,Id ...0 ;Wele'Wh././. | 01.06.16. 4 - -I . rmyr DA. / lilli V ....J / -* $ / .... \ --.... -.+ .AL/'Arb:~NA+444&j j , LEGEND: ,-& Â£0 %"Â¥E~- // 0/ ..4$*Ap .4 al;44#\\ ~ C~~- \ 1 4 .,/- ...... i . .DE-01, 1 -1* , EXISTING TREES TO REMAIN - - - - BUIDINIG ENVELOPE ROARING FORK RIVEF \ * r -- - HIGH WATER LINE AS SURVEYED p â€¢ '4 J ' BY SOPRIS ENGINEERING Stream Margin Exemption ~ 76. PROPOSED I, 0.44 , My EVERGREEN TREEs - - - - 100' OFFSET OF HIGH WATER LINE 9ET lmIÂ· / STREAM REVIEW AREA STREAM MARGIN FPR;.S: PROPOSED EXEMPTION ~ DEC1DUOUS TREES - - TOP OF BANK AS SURVEYED BY SO ~ ~ ENGINEERING IN COORDINATION W LANDSCAPE PLAN 1 PRopOSED SHRUBS THE CITY OF ASPEN 1 ~ TREESTOTRAN/INT PER 1939 PLAT 9Â¢IT NlAliER: . STREAM MARG]N SETBACK SCALE: 1-â€¢20'/ , , REFERTO&55 BAYSTREET - - - . 100 YR FLOODLINE 433- fift==4 FE-~1 NATIVE SEED MIX ---- 15Â·OFFSET GASED ON CURRENT TOP OF RANK LS2.0 STREAM MARGIN EXEMPTION PLANS PER FEMA MAPPING -1 ~ / I SmEAM MARGIN REVIEWAREA 1!ell Sjel:1 el.Uol.lel>10 00 'uedsv STREAM MARGIN AREA PATH PROFILE SCALE Immlil HORIZ. â€¢ 1Â·110' 1,NDSCIPEARC,1...RE / -e PROGRES'VE VEMT. = Ill / d ./ .HEIGHT LIM!' LAND PLANNING .1 DUSUNG GRADE-1 I Â· = l,naNDE51(;W ED{Z &/ANK ../kne I. ondch C. 81....9...0 Â£'AEARFEETOFISE VALL - - . 9752 r SA~Curl~NE'OARrOF. \ WI STEAM MA~C.DI SETBACK NE' '17. C./I'ID. f i Â· et,â‚¬ PAJ' I / *I Â· ...HES GRADE . - 1 4. % I -g . ' .1.ER'/TIOM ..MTOF PPSâ€¢O~'D j~ ; f MU RETAINING WALL OKLAHOMA FLATS-~ 1 ,/ 14 7 /.1 f -. - Cut En*eewl; STREAM MARGIN \ 1 /,7 1.Â· cus,Â·,sq 0â€žOE li f..FDNED 42,0Â£ . PC)8<>x 9554 'speb COB 6/197094~7474 REVIEW AREA\ . M ' 1\1--K-*-----%/% Biliwi al a m UN 2 @ 21@ a g 22 R WAR 2 4 .&. I. , 1 1 /llf: 4 ./c./DIE"girce'.0 ... ... b. .. 1.. 2!S~ 21'Slie.M ur,!E 'ber.'1* Colakl 4 ..SE 0/ DOCUMENT | , " -- :-2Sm, 1.zn: y - ~ ..0.-'-9=1 l 'x $ / ...*...n.-1. el. ; i ..1.)j 1] t#HTS OF mSTUREANCE . Â· , ) 1Â£,FTOF'SERE?rA/* :/ 0 IVALL TO aE ADDED' S..M , 0 MARGiNREW"ARE, , , 0 7. / 1- / 1 / / ill(93)\1 ,/ 1 : . FT' OF TRAn U ' .0 :; 1 ~ \ i %/ < 3 70Â»Â«F 1 : INSTREAMMAR~NAREA I 0 t I.N. L 0111 'Â·' 11 .,11 11'11 SAW cUT LIME / Â· 1 7/ 1 Â· Â· ; .0 .7/l '/ n ':*0.i. % 5 ' :'P 21Â· ' :'littilltilill 1,124-94- ..i , r'Z 2 1111111\11'lil - e ~EMOVE EXIS".5 Â· 1 1.1 1 , LPIHIN TIMBER RETAINING WALL #Er,FEE' SA' Cur.NE ..... 5 7:i t... r #Cl./1,1.....lf . 1 i.1. 1 1.liff./li 1 , 40. 11; / / *.~'p - #:. --- 0- STREAM MARGIN --.. 844* EXHIBIT ALIGNMENT 1 TOP OF .ANK. STREAM MARG]N ' 0 6~. ./ 'SÂ· a.,1, illf'I~~4~' 47/4 AREUNTERPOLATED 8156#ON *~ ~ Â£Â© ~ ~1)'Â· Â·~~ll,il~ ~~,ij~~~~ SURVET ....5 AND .W* / CONDrnON PHOTOGRAPHa TOBE SURVEYED WHEN WEATHER .0 940/ PERMITS. FtRAL TOP 0 0,1. N.,111/Ir/.1,7,/,/ OF BANK *5 1. INTERSECTS TRAIL WILL BE DETERMâ„¢ED Br COA y' Â· N [WGINEER~116 DEPARTMENT. , ~ PROÂ£T..ER: DATE, 1\ 2015.29 01.16 BE' i j DRA- 2- . :. I ' DE.I. 1 4 9.~. .'O ; 6 . j ., 11 1 RE~151ON& 1 j "/ Â£14,1/JÂ»37 I.Â·Â·\4... ~ Â· f ':~ .'\H\' \ % .... t I \\\'.1 \ Â·Â·1't 4 . 4% F */1... JOB DEECRIPTIOIt I <$. L LU. APP. 1 Â£+Ar . 4 <%0 ,Â«d / Stream Margin 0 Y :..4,2.-I...4 3<3.9-* /f' ~'h, . 1\\..\ \Â©- ., 1~4. \ GRAPHIC SCALE Exhibit / 4.. /A 0 --- 40 .... Iln~h â€¢ 1111Â· Cl.0 I I ./0 '' 0#/ 2.AS**f/42*F 4 1 IN FEET 1 1 5H[n ... . .22 :XJ. t. ...~....~ ..\ ..... ~ *R<>\ . 4 I!eil slel:I ell]Olle]MO 03'N3dSV Im .,1 Immi i AlÂ·IGH......... 'IND PLANNING - i r.,my;*.1,unawÂ»al, ,- .4.MEOFFFr -# LinAN DESIGN + ~ ~ m. It WIDTH ~ i IANDICAP[.CH. TJRE -~. Â· . SONS'Rl~~a__-,--z-zsLZ:t:c Â· Gre,zeÂ·Â·z=...=u::u-L ,....~--::;-~--~0~,0iyr----------7 580 Main Slieer Suite LID rn,/rna* CO 6,023ilm-. 15'f#Glt T --- ' Ely'.0 - -----m/ ~4 - -1-~2 ,~â€ž,6-- --1 - L__911- ---_=Ze:l Li.../ 3 ..I-e.. f i.=i'.1. Al.1 1 - -1Â»- Aw,er /0 5 6!9!9709â€¢b'474 :c~-6/inr .' . k .~ ...,3Â«7442*24>2 <29Â·>Vit2~E~0~=2~nli-z -80%95/ GRAPHIC SCALE I E K' EÂ¥,4. I Â¥ Ii'ir/Er/, 0/,I.~. N .~4459-9.0,12<4~.al 2!S' 2Â·11 Sl~â‚¬i. rul E IM FEET ' C' .1 1~ili' r O I'l~1 1-1 >\24% 9/092/5 /4 REUSE OF DOCUMENT ~ ME352 LEGEND BIKE PATH PROFILE dcrw-t I. - It'W,â€ž-1 ud SCALE 1.2.1~.*.... 1 HOR]Z. = }Â·:IDÂ· ~ CONCRETE PAVING VERT.=1Â·:5Â· m As,HAL T . | ~ MSE WALLS i ~ SOIL NAIL WALLS ~ ' = PVf STA.Ul PROPERTY LINE .:i~ 8 -* PV, ELEV:.M PROPOSED CONTOURS EE EXISTING CONTOURS ~1! ~ \ ---- SETBACKS AND - .t BOUNDARIES 4 'n.. c-.EXISRN#. EDGE OF STRUCTURE .... 1-- -------- FLOW LINE Â· Â· -1.2â€ž ---- CONSTRUCTION BOUNDARY PROPOSED i EXIST!%67 E-PROPOSED /< IN 8 11 i 1 @A n MSE WALL SECTION TYPICAL ASPHALT BIKE PATH CROSS-SECTION NOT TO SCALE NOT TO SCALE ClASS'ROADBASE' ~ THS'E-5-E LJ ~-;~r-W/ESASPERPi,N----- C COMP'Cl RACKFW I 2-COUR. \ LIFTS TO 0,COMP,ICTION I .-re..E 1Â·DEEP A~CAP WIll | PRO.ECT.... CÂ· FREE-DRAINING GRAVEL. ."2 | 2015.29 0Â·COA FJLLASEACNCOURSÂ£,SL,im~~~~~~~ DESGNED: DRA. CHECKEDÂ· 1Â·SETBACK PERCOURSE 3Â·OFASPHALT RE,119CN& TyPALL 11'AUS 121 COMPACUMIT--Â·-% ,Â·CLASS,AGGREGArE : - ..SHED .REE STRATA-amsim L 11 BASECOURSECOMPACTED , Joe 060?FTIO' GEOGR,O EVER,1- 'E- '1 V-~-Trp TO - MAX;MUM MODIFIED ,Â·OF'Â·MINUS -3 COURSESOF BLOCK - - - AAS#TO 510a .Me.Il FOR SHOULDEirs ANDRE-COMPACT TQI'STAMOAROPROCTOR PROCTOR DRY[]ENSITY STRUCTURAL FILL SCARIFY 6Â·TO 12Â·BELOW DRWEWAY L U APP ~ SUR,FJRS'COURSE,- j-2. 1| ASTID=MAn,UMDENSITY SET i CONSTRUCTION ff i PLAN r OEEP CRUSHEO -j M nrif<' SEET w STONE ..ING PAD #Â·MIEACH/DE \-4Â·*MINPVCPERFORATEDDRAIN PIPE'. ALTER FABRIC - SLOPE . .TO DAYUGHT 4Â· Â·..A IDISTALL PIPE - PERFORAT;ONS DOÂ¥111 .Y. C2.0 Â¥ 44174 |!ejl SteEl eLUOWelyo 00'N3dSV r-tÂ·MAX. Exhibit B, Review Criteria Oklahoma Flats Trail Stream Margin Exemption B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: 1. Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. Staff response. The Oklahoma Flats Trail is a public bike and pedestrian path connecting Neal Avenue and the Rio Grande Trail. Improvements to the trail are both within and beyond the Stream Margin. This approval addresses those improvements located -within the applicable area. The improvements located within the stream margin review area include the replacement of an existing railroad tie -wall that is currently in poor condition. The wood will be replaced with a mechanically stabilized earth (MSE) wall which will be more durable and will require less maintenance. The detailing of the wall is consistent with walls currently used in other City of Aspen Parks and Trails projects. The existing asphalt will be removed, and a new asphalt trail mat will be laid upon completion of the grading and wall construction. The overall area of trail and the height and extents of the retaining walls within the stream margin review area will be consistent with the existing conditions and will not impact the floodplain. Additionally, to obtain approval for a Stream Margin Exemption, the applicant must meet the Stream Margin Review Standards to the extent practical. Staff has revie-wed criteria 26.435.040.C and the project meets criteria 1 - 11. Stafffinds the criteria met. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside ofthe "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer. utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the stream margin review standards. Staff response: The scope for the trail repair project does not include improvements essential for public health or safety. The criterion does not apply. 3. The expansion, remodeling or reconstruction of an existing development provided the following standards are met: a) The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five percent (25%). All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning and Zoning Commission is required; and Staffresponse: The scope ofthe proposed project to repair the existing Oklahoma Flats Trail. The criteria do not apply. Exhibit B, Review Criteria Oklahoma Flats Trail Stream Margin Exemption b) The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. Staff response: A tree removal permit will be submitted depicting the removed trees and the proposed new vegetation. There may be an opportunity to transplant several trees on site. All trees being requested for removal both above and below the existing trail have been discussed with the City Forester who has deemed them .feasible for removal. Stafffinds this criterion met. c) The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; Staff response: The Applicant has demonstrated that the extent of the new improvements shall be consistent with the existing trail and retaining wall dimensions. Stafffinds this criterion met. d) The development does not fall outside of an approved building envelope if one has been designated through a prior review; and Staff response: The Oklahoma Flats Trail constructed in the 1980s, prior to the adoption of the Environmentally Sensitive Areas Chapter of the Land Use Code. A building envelope does not exist for the trail. This criterion does not apply. e) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plan. Staff'response: Allimprovements are beyondthelimits ofthe 100-year floodplain. Staff .finds this criterion met. C. Stream margin review standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Ilazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Staffresponse: All improvements are beyond the limits of the 100-year flood plain. Staff finds this criterion met. 2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access Exhibit B, Review Criteria Oklahoma Flats Trail Stream Margin Exemption within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and Staff response: A fisherman's easement was established in 1995 and can be found at Reception No. 382395. Staff.finds this criterion met. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; and Sta# response: The area of disturbancefor the removal and replacement of the retaining wall will be revegetated with native seed. The limits of disturbance have been reduced to the extent practical for the proposed trail improvements. Within the Stream Margin area, 480 4 oj asphalt trail will be removed and replaced to allow for the realignment of the trail beyond the Stream Margin Area. In addition, 50' ofold timber tie retaining wall will be replaced with mechanically stabilized earth (MSE) retaining wall. The height of the wall varies from 2' to a maximum of 3.5'. An MSE wall requires grading to install the improvement and this grading has been accounted for in the limits of disturbance provided by the Applicant. A building envelope exists for the private improvements al 855 Bay Street and one is not proposed.for the trail within the easement. The Applicant is not proposing to extend the building envelope associated with the private development to include the Oklahoma Flats Trail. Staffinds this criteria met. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot abs cannot be drained outside of the designated building envelope: and Staff response. The applicant: shall submit a construction drainage and sedimentation management plan which will conform to all applicable codes and to the Urban Runoff Management Plan (URMP). Stafffinds the criteria met. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and Staff response: No water courses are proposed to be altered as part of this development application. The limits of construction are beyond the high water line and 100 year flood plain. Notification of these agencies is not required. Stafffinds the criteria met. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Exhibit B, Review Criteria Oklahoma Flats Trail Stream Margin Exemption Staffresponse: No water courses shall be altered as part of the trail improvement project. The limits of construction are beyond the high water line and 100 year flood plain. A guarantee is not required. Stafffinds the criteria met. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and Staffresponse: The limits ofconstruction are outside ofthe 100 yearfloodplain; therefore neither state and/or federal permitting is required. Staff 'finds the criterion met. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and Staffresponse: Native vegetation will be used for the revegelation of all disturbed area within the 15' setback. The top of slope with the easement was determined by Sopris Engineering and agreed upon with the City Engineering Department. The 100 year floodplain was provided by FEMA. The Applicant shall submit a digital file of the top of slope to the City of'Aspen Engineering Department. Stafffinds the criteria met. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Ileight shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; and 41 4.@f- 4 1./.t / riTTT;7-r'~Nk I i //|/11'I#'IÂ·lilli / 785'~~ M:MIT Top .f --"0.-- fr-, 4 C] C ~| J~L 1 3 Not _r Figure -A" Staff response: The applicant has demonstrated the public trail improvements and improved retaining wall will not encroach into the 45 degree progressive height limit. Staff.finds the criteria met. ~1 F...., 11.111.1.NI=-1 Exhibit B, Review Criteria Oklahoma Flats Trail Stream Margin Exemption 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and Stajfresponse No exterior lighting is being proposed as a part of the trail improvements. Staff.finds the criterion met. 11. There has been accurate identification of wetlands and riparian zones. Staff response: The Applicant has represented there are no wetlands within the project area. Staffinds the criterion met. Page 1 of 1 *77221* . UJ irp Print Date: Pitkin (County Transaction #: 77221 2/18/2016 3:20:44 Janice K. Vos Caudill Receipt #: 201600997 Clerk and Recorder PM Cashier Date: 2/18/2016 3:20:42 PM 530 East Main Street (PNADON) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer [nformation Transaction Information Payment Summary DateReceived: 02/18/2016 Ovcr the Source Code: Counter (ASPCIT) ASPEN CITY OF Over the ATTN CITY CLERK Q Code: Counter Total Fees $46.00 Return Code: Ovcr the Total Payments $46.00 liscrow Balance: $219.00 Counter Trans Type: Recording Agent Ref Num: 2 Payments ze-[ZI CA SU ..4 E.Â·-- 4 $46.00 E.El ESCROW 1 Recorded Items ith RK/PG: 0/0 Reception:627142 Date:2/18/2016 n '4 1 EL (APPROVAL) APPROVAL-ANY 3:20:41 PM 0{YPE From: To: Recording @ $11 for 1 pg and $5 for 2 or more 8 $46.00 pgs $1 Surcharge 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files%20(x86)/RecordingModule/default.htm 2/18/2016 01]M 1][SIGN , .-3, 1 ., , , AND Pi ANN}NCI FroinG CAL i:tANNING . URBAN D[519. December 17,2015 Revised: January 5, 2016 HAND DELIVERY Hillary Seminick City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Oklahoma Flats Trail Stream Margin Exemption Dear Hillary: On behalf of the City of Aspen Parks Department, DHM Design would like to present an application to consider an administrative review for a Stream Margin Exemption for the purposes of the Oklahoma Flats Trail improvements as it crosses Creek Tree Lot One (Parcel ID # 273707350001). The trail was constructed in the early 1980's and the current residence was permitted and constructed in 1999. The property on which the trail is located is adjacent to the Roaring Fork River and includes a single family home with a caretaker's apartment. The Oklahoma Flats trail runs through the entire length of the property on an existing easement. The City and the property owner are proposing two major landscape and grading permit submittals: 1. The first application will address the trail improvements extending from Gibson Ave. through the Creek Tree Lot l property. 2. The second application will address all improvements on the Creek Tree Lot One property outside of the trail corridor. On October 12, 2015, the City of Aspen and Aspen Stream LLC signed a Trail Relocation and Construction Agreement to allow for the Oklahoma Flats trail to be re-aligned on the property. A copy of this agreement has been provided for reference as a part of this application. The proposed project is a collaboration between the City of Aspen and the homeownerto improve and realign the existing Oklahoma Flats Trail to enhance the trail experience for both trail user and the property owner, and to provide a safer and more functional trail. The realignment of the trail requires the re-configuration and extension of the existing driveway in order to allow for vehicle circulation and turning movements to access the garage. The existing residence includes a caretaker's apartment which per City code, requires a separate parking space which has been included in the proposed driveway improvements. Improvements within the stream margin review area for this application include the replacement of an existing railroad tie wall with a MSE (Mechanically Stabilized Earth) block faced wall. The height of the MSE wall will have the same relationship to the trail that currently exists. The wall tapers from approximately 2' to 3.5' in height. See profile on sheet Cl.0. The wall layout will shift 2' to the west in order to allow for a separation of the wall from the surface of the trail for wall and trail maintenance purposes. A total of 50 linear feet of wall will be replaced within the review area. The existing trail will be re-graded to match the driveway crossing elevation DENVER CARBONDALE D U RANGO : A I j|(14 , WWW.DHMDESIGN.COM Mi 2 fl B 0/ FMAN 311 Main Street, Suite 102 Carbondale, Colorado 81623 P: 970.963.6520 [IBM DESIGN and resurfaced with new asphalt following the construction of the MSE walls. A total of 480 square feet of asphalt will be removed and replaced. The location, materials and elevation of the trail within the stream margin review area will remain the same. Construction methodology will start with the installation of the erosion control BMP's prior to construction. A clean saw cut line will be made across the trail and the asphalt behind it will be removed and exported off site. Approximately 50 cubic yards of material will be exported from underthe existingtrail and behind the proposed wall in order to install the structure. A section of the trail will be lowered so as to work with the grading at the re-aligned driveway and to maintain a functional slope on Bay Street as it approaches the trail. The MSE wall will be built prior to the trail repaving. The wall system does not require concrete frost depth footing. Class 6 road base will be imported and the hot mixed asphalt will installed. Revegetation of the disturbance behind the wall will occur next. When 80% germination is achieved, the erosion control BMP's will be removed. Per the pre-application summary, this application is subject to the following provisions of the City of Aspen Land Use Code. Individual responses to these sections will follow. Relevant Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.040 Environmentally Sensitive Areas -Stream Margin 26.435.040 B. Exemptions 26.435.040 C. Stream Margin Review Standards 26.435.040. Stream margin review. A. Applicability. The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100-year flood plain. Response: A portion of the trail is within 100 feet of the high water line of the Roaring Fork River and is subject to stream margin review. B. Exemptions. The Community Development Director may exempt the following types of development within the stream margin review area: 1. Construction of pedestrian or automobile bridges, public trails or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the stream margin review standards. Response: The application is for proposed improvements to a public trail and is seeking an exemption with consideration that the project compiles with the stream margin review standards to the extent practicable. [11]M [1[SI 6 N 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the stream margin review standards. Response: The Oklahoma flats trail currently exists as the steepest hard surface trail in Aspen's system, and was recently identified by the City Open Space and Trails Board as a high priority trail for safety improvements. The trail improvements being proposed will lessen the grade of the trail and improve the angle and sight lines as the trail interfaces the 855 Bay Street driveway resulting in a safer and more functional trail for use by the public. The majority of the improvements are located outside of the steam margin review area. The improvements located within the stream margin review area include the replacement of an existing railroad tie wall that is currently in poor condition. The wood will be replaced with a MSE wall which will be more durable and will require less maintenance. The detailing of the wall is consistent with walls currently used in other City of Aspen Parks and Trails projects. The existing asphalt will be removed, and a new asphalt trail mat will be laid upon completion of the grading and wall construction. The overall area of trail and the height and extents of the retaining walls within the stream margin review area will be consistent with the existing conditions and will not impact the floodplain. C. Stream margin review standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Response: No new construction will take place within the 100 year floodplain. The 100 year floodplain is located below the top of bank and is outside of the limits of work for this project. The floodplain line depicted on the drawings is from FEMA mapping. 2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and Response: A fisherman's easement currently exists within the high water boundaries of the river course on the property and is shown on the site improvements survey. As a part of the agreement, an amended easement for the trail will be recorded. 01]M 1][SIGN 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; and Response: The area of disturbance for the removal and replacement of the retaining wall will be re- vegetated with native seed to match the existing conditions. Limits of disturbance have been provided in the attached grading plan. Within the 100' stream margin review area and as part of the City trail project, 480 sf of asphalt trail will be removed and replaced. This is to allow for the realignment of the trail. In addition, 50' of old timber tie retaining wall is to be replaced with MSE wall. The height of the wall varies from 2' to a maximum of 3.5'. An MSE wall requires some layback to install and this has been accounted for in the disturbance line. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Response: The applicant has hired Roaring Fork Engineering to create a construction drainage and sedimentation management plan which will conform to all applicable codes and to the Urban Runoff Management Plan. The section of trail that is to be removed and replaced is 50' from the top of bank. The timber tie wall that is to be removed is within the 15' setback from the top of bank. Throughout the installation phase, a combination of straw waddles and gravel bags will be used to contain sediment from the construction zone. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and Response: No water courses are proposed to be altered as part of this development application. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Response: No water courses are proposed to be altered as part of this development application. 7. Copies are provided of all necessary federal and state permits relating to work within the 100- year flood plain; and Response: There is no work being proposed which will take place within the 100 year floodplain. The 100 year floodplain as mapped by FEMA has been identified in the site plan sheets. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. [11]M I][SIGN This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and Response: Native vegetation will be used for the revegetation of all disturbed area within the 15' setback. See the attached landscape plans for reference. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; and 43 ":ru 4 4* Â£ 0:*Â·t ' 13*31,/ 771:T. 0:fi!- I / 158-f'*pi: 1161 'GAFJ , 1? . 61. 13 *di:ir -F .,r 1 m., b.. 1 Figure "A' Response: The proposed public trail improvements and improved retaining wall will not encroach into the 45 degree height restricted plane taken from the top of bank. See the attached Civil sheets for reference. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and Response: No exterior lighting is being proposed as a part of the trail improvements. 11. There has been accurate identification of wetlands and riparian zones. Response: There are no wetlands within the project area. Thank you for your consideration, Jennifer Dicuollo DHM Design CC: DHM Design 5:~dy Ill]M [][SIGN Roaring Fork Engineering City Of Aspen Parks Open Space and Trails Department Rge c IVID ic#39, DEr 1 12 7015 ATTACHMENT 2 -LAND USE APPLICATION CITY OF t- +- TN PROJECT: cer N NTY 7 - .....G ,,OIl Name: Oklahoma Flats Trail Location: 855 Bay Street, Creek Tree Lot 1, Aspen Colorado Parcel ID # (REQUIRED) # 273707350001 APPLICANT: Name: City Of Aspen Parks Department - Matt Kuhn, Project Manager Address: 585 Cemetery Lane Aspen, CO 81611 Phone #: (9700 429-2035 REPRESENTATIVE: Name: Jennifer DiCuollo - DHM Design Address: 311 Main Street, Suite 102 Carbondale, CO 81623 Phone #: 970-963-6520 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion D Residential Design Variance C Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing Oklahoma Flats Trail located on trail easement on Creek Tree Lot 1 Property. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Improvements to Public Trail. See Proiect Narrative for additional details. Have you attached the following? FEESDUE: $ 2,225.00 Â® Pre-Application Conference Summary 1 Attachment #1, Signed Fee Agreement El Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ 3-D Model for large project Ali plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. El El El El HOLLAND&HART ~ Phone (970) 925-3476 Thomas J. Todd Fax (970) 925-9367 ttodd@hollandhart.com December 8,2015 Ms. Hillary Seminick Community Development Department City of Aspen 130 S. Galena Aspen, Colorado 81611 Re: Development Application for Stream Margin Review Involving Realignment of Public Trail on Lot 1. Creektree Subdivision. also known as 855 Bav Street. Aspen Colorado 81611 Dear Hillary: Holland & Hart represents Aspen Stream LLC and we have been requested to provide you with this letter as part of the above referenced Application, the purpose of which is to seek a realignment of the public trail located on Lot 1 of the Creektree Subdivision (the "Property") and to seek stream margin exemption for this work. The undersigned, an attorney licensed in the State of Colorado, hereby informs you that the record owner of the Property is Aspen Stream LLC, a Colorado limited liability company. Aspen Stream LLC has full right, power and authority to apply for this Development Application. The complete legal description of the Property is as follows: Lot 1, Creektree Subdivision according to the Plat thereof recorded February 14,1978 in Plat Book 6 at Page 83 and the First Amendment Plat of the Creektree Subdivision, recorded June 21, 1995 in Plat Book 37 at Page 54 and the Second Amendment to Creektree Subdivision Lot 1 recorded October 9,1999 in Plat Book 51 at Page 63. Title to the Properly is subject to the liens, encumbrances, easements, contracts and agreements listed on Exhibit "A" attached hereto. Please contact the undersigned if you have any questions or need additional information. Sincerely, 9 214-J Thomas J. Todd of Holland & Hart LLP TJT/sm Attachment ce: Aspen Stream LLC Holland & Hart LLP Attorneys at Law Phone (970) 925-3476 Fax (970) 925-9367 www.hollandhartcom 600 East Main Street, Suite 104 Aspen, CO 81611-1991 Aspen Billings Boise Boulder Car5on City Cheyenne Colorado Springs Denver Denver Tech Center lackson Hole LA Vegas Reno Salt Lake aty Santa Fe Washington, D.C. A . ..A 5 2-==L 6 - .:.. . I ' . â‚¬ 8 1 1].* 1, , . \N . 1,32 Â¥. i '' 2 & C ~ 1 - \,4 '1 4 -Â·flil i' L ~ .1 - . 44\ . J . 0 0/ - 0 8 le X s 1 --Glb ~~.0,4 . A . 1. ~ % 0 9-=4 b.i. 41 1//7 O 0 / 1 1 0 0 . , ate j .- 1 ; ... 2 -n. '.8/J -4, 4 0 4 Ins .. 91/711 w -, 1 w -- ==f - , D 3 *, 111 1 ,Â« :#04 --0 , ,\ 044 a - .1 . Vt --E HaliamÂ·St- A , *-266umÂ».t - i 1 >. 4% 40 . \ \ 0 - , 7 . - . e X f , - 4 K ..2, . 27': F , \7 4/1.4 . ' \ 5.f i , i -6, m 2 el .-02'. TL .7 - _ 34 1* . 2 . \\ \ 1/ . indeÂ·**,1 , 1~ f,U 1. 1, . lill . 1, 1 '.I- - ... I . 4- . 4<UL-17*4.3, '24(,4, 4 1 e . V ./.- 4 0 9 a ... - 1,1 6 -:9 '1. P 7 r 'A 4. // 0 : W In Ul-0 . 2 ! 00'e~ er-S(-4-: . e M J , :. -. I. Gif .4 - - 1- 1/ \ 7 4 11 ; f. Glud/m ** a=al / . -King'St -6 2.1 0 le.1 a Â·. Queen.st ' 11 Â· , .A ..r.tiomi,4 - -* 0 ' 0,8 ' I. 1 11 TT~6' * - ii-:1/yBM:z, 44Â£ 4- 41%~46 4 -19, , . , .0 ".479 - .9 0 111 i -... f E Hyman Ave ./1 'r- 7'C. 40 00 M :.1-'~I, - Â¥ , 4 Â·31 c ennoven 1 - <.:. :, . , + Mi , 4. 7. . 6 ,4, ./ 1 8 5 AL f . . , 4 - Â¥ Â¥ 4 $ I ... â€¢tft ' re . 1 4 PHOTO LOOKING EAST FROM 855 BAY STREET PHOTO OF EXISTING TRAIL AND WALL LOOKING PROPERTY AT EXISTING BRIDGE AND TOP OF SLOPE SOUTH TOWARDS BRIDGE. CONDITION. ... , ../4 4 . a. . 0. ,1 .. .9.1-' - ./ Lâ‚¬/KI 4 * C. I *1: 4 4 . 4 I . 4 k 4 W St , .. r .le Â·T . . . 0 - 1 Â¥ 4. , /11 6 34 PHOTO OF EXISTING TRAIL AND WALL LOOKING PHOTO OF EXISTING TRAIL AND WALL LOOKING SOUTH TOWARDS BRIDGE. NORTH TOWARDS BAY STREET INTERSECTION. OKLAHOMA FLATS TRAIL- STREAM MARGIN REVIEW EXISTING RETAINING WALL AND TRAIL 6 IMPROVEMENT SURVEY PLAT OF: LOT 1, CREEKTREE SUBDIVSION A PARCEL OF LAND SITUATED IN THE SEh OF swh SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. .. 2,6 : ~ 0 : .r: .1 -2 4. 3.- -Â·Â· : L.. COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 2 4.1 - . Â· ~t'' ' Â·Â·' 0 ~~~ ~~~ ' i PROPERTY DESCRIPTION : .-~ -' FÂ·j / Â·.- 34 9%:6% ft:t. .:..,.ibt Â· 'c:..... PROPERTY & PROPERTY ADJOINERS / LOT 1, CREEKTREE SUBDIVISION, ACCORDING TO THE PLAT THEREOF PARCEL#273707350001 LOT 1 / FOUND YELLOW P./.(C RECORDED FEBRUARY 14, 1978 N PLAT BOOK 6 AT PAGE 83 AND THE MORSE JAMES A TRUST VOLK LOTSPUT CAP 1 S. 01&15' FIRST AMENDED PLAT CREEKTREE SUBDIVISION, RECORDED JUNE 21, ~OUND VEUOW PLASIC SOO E ELLIS RD OP O. 015710 l / VOLK LOT SPUT 4 0 - i Of , k ..,b 7 ./. 1995 IN PLAT BOOK 37 AT PAGE 54 AND SECOND AMENDMENTTO NORTON SI1ORES, MI 49442-5621 CREEKTREE SUBDIVISION LOT 1 RECORDED OCTOBER 9, 1999 IN PLAT -__EA. ASPEN BOOK 51 AT PAGE 63, Physical Address: 855 BAY ST ASPEN F, rOWN.2 24 Pamel No. 2737073002 0 . ... . '11 -- PARCEL #273707373002 COUNTY OF PITKIN STATE OF COLORADO Subdivision: VOLK LOT SPUT Lot: 2 ;OUND 01/ 7 Q Physical Address: 730 BAY ST ASPEN Lori PARCEL#273707300014 ~ micei No. 273707309003 ~ TITLE EXCEPTIONS Â· s ALLEN DOUGLAS P FOUM.)WPLAS'E]C _: -1 FOUND YELLOW P,bile (from title commitment prepared by Pltkin County Title Inc., case number 403 LACET LN 407.S OPLS-â€¢195% 1 FCA,j.*13* .._LAST ;UPUN VICINITY MAP TOWNSITE 25 PCT23982W3 effective date of March 4, 2014} ASPEN, CO 81611 9 2 FOUND YELLOW NOTES Physicat Address: GIBSON AVE ASPEN O SCALE: 1" =2000' lori -. PLUTIC./PLSÂ· 7) Reservations and exceptions as contained in Patent recorded in Book 39 at 2 *9184 Page 136. PARCEL#273707379800 * ~ ww ,, e-~57*E,7 1 Date of Survey: March -April 2014, updated Apfi[ 2015. {Portions of subject property are contained within patent prescription-Affects RIVERS EDGE CONDO ASSOC 1073 subject property, cannot be gmphically shovinl COMMON AREA & FOUND REBAR & ///4 2) Date of Preparation: April 2014 updated April 2015. 851 GIBSON AVE CAP. L,1 020*43 7 : 8) Terms and conditions of easements granted in documents recorded in Book ASPEN, CO 81611 6 + < 1 3) Basis of BearIng: [stablished by GPS observations utilizing The City of Aspen Control 244 at Page 683 and in Book 244 at Page 686. Physical Address: 851 GIBSON AVE ASPEN BLOCK 2 OKLAHOMA FLATS [Affects subject property, shown hereon] Monumentation map, prepared by Marcin Engineering LLC, dated December 2,2009, this 444 1 PARCEL#273707300860 *I CAP U.#9194 7 established a site bearing base of N1637'27"E between the Ea5t Aspen Townsite comer 28 / monumented by a found brass cap MS 6786 57 MS5195 and the West comer of Lot 1 Creektree 9) Terms, conditions, provisions, obligations and all matters as set forth in CITY OF ASPEN : Subdivision Improvements Agreement recorded February 14, 1978 in Book 343 ATTN FINANCE DEPT Subdivision, as shown, monumented by a found yellow plastic cap Li No. 9184. The Creektree LC}1' 1 ~ Subdivision block bearing (N 15-30' E) has been rotated 1Â·07'27' dockwise, to be consistent with at Page 534. 130 S GALENA ST f FOUNDVEUDWMASTIC CREZIrrREE [Affects subject property, cannot be grophkally shown] ASPEN, CO 81611 SUBDIVBION up,3.*13166 / the project basis of bearing. HERRON PARK E . EASTA;PEN SUBJECT- PROPERTY / lOWNS{"2 / RIVERSEDGE 4) Basis of Survey: The Creektree Subdivision and P.U.D, Plat recorded February 14,1978 as FOUND YELLOW PLASBC C CONDOWNIUMS 10) Easements, rights of way and ali matters as disclosed on Plats of subject c., L.S :zo151 AL- m ' reception number 201877. the First Amended Plat Creektree Subdivision Planned Unit PARCEL #273707350851 , , Development recorded June 21,1995 as reception number 382396, Second Amendment to property recorded February 14,1978 in Plat Book 6 at Page 83 recorded june CITY OF ASPEN -- ,~ Parcello. 27370737-0 / 21, 1995 Plat Book 37 at Page 54 and recorded October 4, 1999 in Plat Book 51 ATTN FINANCE DEPT at Page 63. Creektree Subdivision lot l recorded October 18, 1999 as reception number 436714, various ~ documents of record, and the found monuments, as shown. - OVERUP SEE 130 S GALENA ST Â£.&1 ASPED _ [Anects subject property, shown hereon] TOW.I.E. BOU,RY N[112 ~ SHEET 2 ASPEN, CO 81611 NEWBURY PARK N - / 5) This survey does not constitute a title search by Sopris Engineering LLC (SE) to determine FOUND R. f LASUCCAP I 11) Terms, conditions, provisions and obligations assetforth in Amendment to 2 â€¢,4 REBAR 1.-6129 / ownership or easements of record. For all information regarding easements, rights of way and/or / title of record, SE relied upon the above said plats described in note 4 and the title commitment Development Agreement recorded June 21, 1995 in Book 784 at Page 123. PARCEL #273707311001 1- prepared by Pitkin County Title Inc., case number PCT23982W3 effectnve date of March 4, 2014. Parcel No 213707306251 T./.St 12* [Affects wbject property. cannot be graphically shown] FULLERTON RICHARD B 2 . ./ FOUND YEUOW PLASTIC -Â® "4t; .Â· M.m166 j 3047 FILLMORE ST 12) Terms, conditions, providons and obligations as set forth in Grant of Fishing SAN FRANCISCO, CA 94123 -4 1434Â· ~ . $ 6) The linear unit used in the preparation of thâ€ž plat is the U.S. 5urvey foot as defined by the United Easement recorded June 21, 1995 in Book 784 at Page 128. Physical Address: 731 BAY ST ASPEN = / States Department of Commerce, National Institute of Standards and Technology. . IA,yects subject property, shown hereonJ 7) 2' to 3' of snow covered the site at the time of this survey. Dueto said snow coverage some PARCEL #273707309003 %.-9 . \ existing conditions may have been obscured 13) Terms, conditions, provisions and obligations as set forth in Resolution 99-08 GOLDSTEIN GERALD H & CHRETINE S .NmS;CAP -Â· I. F-~a.IM -9 recorded June 21, 1999 as Reception No. 432443 PO BOX 2045 1 /-- MS 6736 37 MSS' IAffects subject property, cannot be graphically shown] ASPEN, CO 81612 TOWNSÂ¢TE I ,Â· Porce: Ne.273707300060 1 SURVEYOR'S CERTIFICATE HERON PARK j \ N \ Physical Address: 720 BAY ST ASPEN LOT 3 \./. I hereby state that this Improvement Survey Plat was prepared by Sopris Engineering, LLC (SE) for 14) Terms, conditions, provisions and obligations asset forth in Public FOUND Â¥ELLOW CREEKTHEE Pertel No. 273707360851 -PLASâ„¢+CAPLS. SUBDIVESION Improvements Agreement recorded October 25,1999 as Reception No. 436996 PARCEL #273707306851 :13166 NEWBURY PARK $ Aspen Stream LLC a Colorado Limked LIability Company {Affects subject property, cannot be graphicotly shown] CITY OF ASPEN ATTN FINANCE DEPT .\ . k Â· 5\ and 15) Terms, conditions, provisions and obligations asset for'th in Sidewalk, Curb and 130 5 SALENA ST LOTA Â· -~A Gutter Improvement Agreement recorded October 25, 1999 as Reception No ASPEN, CO 81611 FOUND YELLOW PISIC CREEXTREE \ 436997 RIO GRANDE PARK CAP ..5 *13166 7 SUBDIVSION . ' a \ Pitkin County Tile, Inc. [Affects subject property, cannot be graphtcolly shown] FOUNC NAR #~ 'CONCRETES./.ED FOUNDYLUOWPLA$â„¢- WTâ„¢X c* LS vilm- 1 furthermore state that the improvements on the above described parcel on this date, Aprn-2, ?014, 16) Terms, conditions, provisions and obligations as set forth in Resolution 99-12 f<JUND.0.... - t except utilit'r connections are entirely within the boundaries of the parcel except as shown, that recorded December 15, 1999 as Reception No. 438593 CONCRETE UN Z there are no encroachments upon the described premises by improvements on any adjoining CREE!(TREE fAffects subject proper'ty, cannot be graphically shown] premises, except as indicated, and that there is no apparent evidence or sign of any easement 5UBDIVISION crossing or burdening,nÂ¥ pal; of said parcel, except as noted. I furthermore state that this property is subject to reseryuflons. restActions, covenants and easements of record or in place. 1-- 41AIL#lk/* ..1 1 47 *U . Â· Mar< S~ckler t.'Li #28649 Â· BLOCK 7.1 \4......../ Parcel NÂ©. 27370730086C HERON PARK CLERK & RECORDER'S CERTIFICATE FOR INFORMATIONALLAND SURVEY PLATS r- -\h Deposited this day of 2015, at- M., in the Pitkin County index for , GRAPHIC SCALE \ informational land survey plats uncer reception number , Â¥ ... * -TE 51/4.Cl / , ROU.3 81./.RieS CAP -- DATE: : FILING INFORMATION: SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. (IN FEET) l inch = 50 ft SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 1 woncE: A~IoÂ·ne.locoloRAD.......=c........Sk CARBONDALE, COLORADO 81623 Al,ION,ASEDU~DNA,PDErÂ£(TINY,4~!AIR4râ€žcbt,N,MA~~â€¢f~ A (970) 704-0311 SOPRISENG@SOPRISENG.COM | AFERY'/FI'll'-R.U./.Entt ...f..........ACTON RA./040 20.0423 M:\310Â¢dqi\1/**xgoibli.*Â·C-, Ta.!SpE?15*23 ; BASED UPÂ©6 ANY DE FL E IN 14/ ..........0 MORI TTIM -7 k L....ZZL..1..........:IEZZ..... ======="=9 EaEETEE~ ~ EE*~ IMPROVEMENTSURVEYPLATOF: 111 i m; ~a 1--*i~*32-81_.TLL-'BE.l LOT 1, CREEKTREE SUBDIVSION TPEETABLE 1 ~ 14.0 10 | 7,883.00 tÂ»luta *I~I Iii /*97 - A PARCELOF LAND SITUATED IN THE SE>4 OF swh SECTION 7 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. ~~ COUNTY OF PITKIN, STATE OF COLORADO 1 49 Illin__.12L_-2.30[7221 14 ITRE 6.5 _[117249_1 SHEET 2 OF 2 IL._-~E_-_-im'la__1382 ' 111 1 IMM-1 REZZIEZEJii.-21.1Â©1.__izeia-I _~~~______ :51 1180 IM 15 7.88832 ~ 264. .IMa__liC~Fil 11 7 TRE .3 16 ~ 7,86.16 8 TRC lir--iii !,t.83.43 9 ~TRD lili-W. liff.2 IE.5 I16 17.895.95 ~ 1111 22â‚¬23%0.. 1.-Turf--' -=..1/'1:...lisaa) PLEL._114.1 !28 -13.**3 13 1 *PX'........ 1 'ULJ !55 I 7.0 D-5 Ill.._.1122_| 161 . i' pL__LIE__493._ ' 8 7.884.96 j %< 1 %.12 \ 1 \\!11&1// - 11 . 4. 1 57 IRC 111.1 20 7,90637 mTRD ~~5.....1 /- - - 1 12 1-RD :22.-:*1'5 1 BJIE--- 119.6 re....42MI_158 :TRD 70 16 ~ 7,901.25 ~~ EZIniiEL_- 2 77~-13*iW ~ 13935 ~ 7Â£9.3~ +:ri *IMMEL_-L_32__! '. 'c i< D - - 6 iN\ r'-y--r-NI/la./,1 ..37' i 99. _*.--.-.. 0 k 45 9 7,903.65 I-1â‚¬-1---iipgy-':---- 1 -Eirl - 61 4 I Â·1\ ~- I TRL_ILL- .114 '7.882Lq 42. Â· Â»'Â·11.4 Â» Za 1 (44 E ~ 7.903.18 EL-Â«31/9- 1.10 R.897,08 >12 +342949:,12-4 - 1 18 ZTRD :7.6 . Ph i /' DEEÂ«Â«_13*91 4965' /' , ,39 r#l< $ 6 2 z .4*-'-- 23$10 7. ~ N 19- ITRD _ i,3 !15 17,8'El . .45 ME_ ]TRD 14.1 . ~8 lh/0.57 ~ [ 20 1~RD TZ~-2222!32&21 ~64 TRD_ 4,1 .8 7,888.94 65 TRD 6.3 _ _ 12 7,888 67 ~ 64 il! F-~I TRO _LE---12~----~ A , :- ,2---RE-- 119._ 120 1322-4 97 -lIE__lat..... 76 7,889.76 GRAPHIC SCALE Q TAD 110 22 7,882-15 12_ 172-33933*23221_1 !24 TRD 7.5 Il.5 j7,677.01 I 20 10.20 /.:. *1Â· b. , *#. *--I :7 69 ~ TRD 0 a ~22 :7.886.96 '70---1Â¥*D 19.0 5 g Â· ' Â·Â· 6.---4_ 170 - B i 7.885 1' r--32-TE---1217&8414 . ./. :341.- - .... . 67 44% ~ 1 TRE Â· Â·87 â‚¬ :2. ./ 4-/.1. 13Â» 4 1 Â·26 T"/ 12 (IN FEET : 1 --1.-I---liS-13**3 , , -~ ~~~~ ~ \ % ...*.\ 44 '' . 2Â·4.Â·-Â·. --44 E-- i TfIC ils--467A83,9 i 27 TRD} 1 10,4 In i'Â·111â€¢i 1 PIll '28 1 inch= 20 ft. -Nx 4 6. . 7 7, 73 ! TRI24.7-16---17.Sm.00-1 . , 4 ' ... 1.- 7 1 AD 21.7 7.~Q~ -1~ Â¢~ 141/ # '- 140 '-i . .... 4 3// ..........,--'..6.....------ I â‚¬ , , ' 74 1 TRI &1.7 24 7897.49 -1-- . r--Â·-~-r---7-7-~ 63 . '* 43.A~-- 75 5 110 51 10 7,897.59 t I. , I. 1 29 1 TRD ! 21.1 1 40 :7,882 i -/.15* - 44 130 110 ing ]45 7,879.98 .0 ' - 1 - %317.7.9 - t--TRD 6-2 127.895 -46 I %11 - Â· <6Â· Â· -:.0--:r~~i~:~-*-,L,2f<YÂ·4' 00 1 &1% 4.-:.- .Â¢~1 3 1 w.....,-1. 4,3.--03. / 1.1 ~~ ~;; 1TRD 155 -4;23-1 : * r 33-Â¥2--1;3- in i un.26 i 1. 1 --- -9\4. ... 0/02- 176 '/ 1,7 :TRI 116.6 33 ~ 7.891.F 1 7 D 12.0 -,886.02 TRC 63 1 ..5 . 2 :.-/0 . 1 1 , .:'.'...>4//Â».- R:Ee. NE~~~~~~"-~~-~liEi*-1 /<4 2// 4 177*W -0. ! / d 34 1 TRD 14.0 _ 1,875.72 1 5105 : I I 9 LiLLOUPILLU_ * TRD ;7.6 15 088438 : 44 / * 9/ 1/ I '. -1 /L/': - Â·'.Â· p--- + 1#49XX .\ r9 ' . , 2 2 1 50 TRD -31 26 7,885 90 ~ .--U.-. r A / 6- ~8 HE. 1 !10.5 20 1-,878.27 j 1 . . 7. .1,/ Â·-1 U ....0 - I -VeÂ«* I .' .7 A . I *22.I 9 41*; TRD 10.1 '20 .....1 -' -00 19___CIE__ Â· 63 ' ,< 4. ge~ 1 4 . ' : .3 7,884.65 i 4% X., 'kg.. .- ~ 3*0 /3.. 3.41-*~~A:.1 Â¢2 '*46: I 4,3/4 1 Â»\ / . 2 ": |83 IRD Â·12 7,085.32 37 TRD 227 1*--limiz -1 7 : :-151 ../. , 10 1 1 <Â¢ 6, * ,Â·W La__11_...!.E.__41L___1223,2 1 Â». U.\\ ,& 'r / , ' 1 1 05-Â« ,/3 . . me@ -9.6 Â·57 / m / | 84 TRD 6.6 03 7,885.62 IE,l.b :4** /4 rt'â€¢ t <Il ~iÂ·I ~39 [TRC 15.8__.~1__ |7.885.15 i \-- I AP e..AW / /' fy. +6 "--- .9 "1 + 11 45*M >e, ~.E__ 1 TIC i es---TE---Taii-br , 77%2 Â·... ~~ LE____aL_.ai__IE__17Â»iE_i 41 I IRC _ '8.9 ~22_ 17,&.70 i 4Â£4Â©1.2 ' r<..Â¢0Â·,;.'../4.'lly Â£ 91 r + w tu?>vÂ«oÂ·=~Â·t-Â·RÂ·- 64 *' 41 1.86 TRC -tEl__18 47,883.96 1 '42 TR[~~ !144_ Fo ~~~S515 Â«*Â«-4â‚¬9 .':ifi .1. / 9,0.Dio ~~ ,1=t:St~ 91-X 4.2 $ .Â· #'' 41.LÂ· Â·Â· 41-64 7.3 4- / 9+44 \ 87 I TR. 10.3 120 17.885.85 1 ~TIC _ 148 110 p.88510 ~ , 18*li~ !20 17,886.05 1 le____iTRD 118,1 130 170891.57- ~~- -TRDi.9 Ill , 7,885.83 ex /5>3954'543<46:I-~~. ------1-- - ..'0'' ' . 24.-4. 1 -Â·Â·Â·Â·Â·Â·Â·-Â·r----------r 145 'TRL__222= -PL_21291-1 9- A $ 1- i - // 0 -I ,~: 12 7 ~ fO ~Â»5435- >- ,Â· ~ / etÂ·p.~*.* ~ ~gi--*-7--~iELEEE] 1 ap H <532,2&443'1 --44Â·360_ 4-4Â»Â»Â·- --9~Â·Â»--~ ~5:921~-2-0, sÂ·Â·--~ ~~..:,~ -0 ~ ~ 91 1,2 ITIC 9. 20 -%85.80 1:! / $ l93 TIC 30 6 |7.885.20 1 ' / .826.57 194 TRC 35 7 imjjl ~ Cm 222~27TAL / 04-neÂ·- ti)(!STING CONDmONS LEGEND * ~~~- -~~~~ ~--- - h 17,885,23 ~ , E i TRC 13,0 Â£ ELS~.81 I G ...1 1 0 -44 -9 1 9 '98 ~TRC W W |7.886.16 1 / I. , 2 - , - 04 WATER VALVE ~an- - : 40 d' lili ~ WATER 99 |TR) 2 30 7 50 ~ 7,87,09 j . . /av, LECISEELIiElir-957-1 i 1 Â¤ GAS METER u 94 .14> Â¥ V\-2 -1 1. 1, Â· f.. 11 --' -/9-34.6 4:':13 ; ~ ~~~~ ~; ~ ~ '~ ~ 420##~:~ 4-~*--f: 1Â»2-i ||||| WATER MFTER ' ~ 4542% t- 6.t' ~'-:,<- .~.44%1. 0,3~/~f *-0 DRYWELL /i R i 1111~ I. , ' --------,-- .......1.. -NI---I--/#-9----/.I-I - h-*S f *tr 1 8.1 5 7,896.10 I ~~~ 4 LAMP / -t- SIGN E ELECTRIC TRANSFORMER ~ . BOUNDARY NOTES r.-,---e-....'---I.-#--j..-I-=-*--<+ - I 105 I TRE Il.2 8 0301.11 1 Â·St I. W . . "11 14 5 SEWER CLIANOUT fj 1 \. 1 '\ r Â».6. 3 %, ' e'--:';' : 7,'-'.' 17 / '/ /* . ' ' 4~~~ 1) Creek Tree Subdivision recorded in 1978 as reception number 201877 107 TAC 1 6.5 C ELECTRIC METER ' ~ W (Original Plat) of the Pitkin County Records is parth; established by Block 2 110~ 1 TRD /5 2 8 STRUCTUAL COUJMN 8 AIR CONDITIONING UNIT i i / Townsite of Aspen, Oklahoma Flats Addition Blocks and Lots and the exterior 1109 FTRI 6.1 Ill ~7,896.23 ~ \% 942% 64\.\~j.4.,(.1 .Ai~~9Â«014Â»f $ 0, 1 v ; 7,89 33.-1 Â« ' e I "-- - u Mi O , + h 441.-'' boundary of East Aspen Addition. In retracing the above referenced Plat and iâ€žo TRD --Ri---E-- - il.ess.0~1 t 1 i 'l I thesubsequent Second Amendment to OÂ·eektree Subs/ision Lo 2nd 1 . F. ~ Â· ~~ _57.896.36 1(11 ff Â· Â· 1. 'RC 7 3 ..4 11!1! %~ TREETABLEKEY# i , Amendment] Sopris Engineering (SE) noted the following: 132.- 1 + 17,88645 1 011 9 1%3 \ , 1217 .-- L.*r*% 2, i .i , .RC 40 111 112 7.885.96 1 1 Av t . . . 4 W,i i :1 i Z. -- 113 1TE. 16.3 \ -P .91 11 1 : 42&>G \ tat.- % ..... .. 51%4% .fl/: 1 1.1 /41 9 & 4 a) The Second Amendment revised calls along the westerty Lot l boundary in ' - Â· 'in NLP, ... Dd. 1 : ; j reiation to the Original Plat. .... 1...- 1 \ /49 %> â‚¬0' 90 TRI 1 4.0 18 7,8/6.36 i Amendment and adjoining propert'y survey monuments. I 1 2 ~~-IÂ«_ja 7.RE:M..] 003 W Field work located monumentiset forthe Original Mat Second 1 115 I TRC 14/LL___222Â£-i 16 I 4 The found Second Amendment survey monuments agreed between 111:7 4 8,1-!112.nl2236 t 11.431 ~ i l < 1 ; i 'r #: //1Â»g 'Â·6 19Â¢i \94 ~/~~~,43't~ .~rÂ·: 1 ~11*idÂ« themselves but were in conflict with other found Original Plat and FIr- 12 TRDS 18.4 136 17.677.75 i 0*Ove adjoining monuments. h?L-_129 _LEE__13617Â£23 lili Ag\0 d) The found monuments for the Original Plat Aspen Townsite Blocks. East 1120 1Â·RD 19-9 __120_222_] dill Aspen Addition and Oklahoma Flats Addition blocks/lots generally agreed. 1 121" ~~~72----11__29'7.aii)# 1,1 .. ~,11% b 1...2 :.43.1:...: 6/1.1 2...L~.~r~ .1 Â·.1 + 04 F 04 e) This survey utilized the Original Plat Lotlbeafing and distance calls to r--------------1 p-IEZE]*221*33-1 retrace and establish the Subject Property based on conformity with ~-,~Â·Â·Â·Â· -Â·~FU---~-TE-~--lu--17 I~~--1 1 9/5 4 .4': . , surrounding found corner monuments. I 2) The River's Edge Condominium (reception number 372361) is positioned luL_-,4----*In 11 25 |7*3.60 I 7-59 111 11 -,r, f. 2.1.. * \4 hereon based on found survey corners monumenting corners for said Plat } 126 .% 1 *4 4 d f 1 * including the 51/4 corner of Section 7. This Property, 25 monumented, liRIZEEZZLiE, _134 |7.884.93 ,~ \ overlaps the Subject Property of this survey, as shown hereon. -28 #TRC |184 . 32--FiE#i-1 1 144 3) Strearn margin setback per the Second Amendment to Creektree Subdivision *EkÂ»-33=1 1~ ~ $25 Â»86-19 J Lotlisdetermined by a 15' offset from the Roaring Fork river bank. I 131 ! 2 TRD'S M.1 4 ~7,88728 i \ S 13. i .1, GENERAL UTILITY NOTES: i \.4:> I. .. ' '' " 1 Possible re-grading and snow conditions at the time of thts survey did not Uy- -4-Er-li/7- ~7* 7/QU U allow for determining said river bank previous to cor.Gruction of existing R~..........- - \ -4 1 -a, ccy $ house. the building envelope shown on the riverside is based solely on said U-~Â·Â·---~~---~~ M I 1. The locations of underground utilities have been plotted based on, - second Amendment since determining existing conditions could root 'i ;37-132 1 15.8 30 | 7.88669 utility maps, construction/design plans, other information provided by too':619 - Pir 1,6 utility companies and actual field locations in some instances. These 1 * i 2-__1=371â‚¬233Â«] |||| â‚¬75 13* 86 be confirmed. 1136 ~TRC IE.2 111 ~7.882.73 11 utilities, asshown, maynot representactualfieldconditioni. Itisthe . '5.9.-0â‚¬44.31 SOPRIS ENGINEERING - LLC ~~~~ responsibility of the contractor to contact all utility companies for field i 'Vi _ 1!I location of utilities prior to construction. \ \\ ~ 42104 CIVIL CONSULTANTS 1:111 \ V ' 54'V 502 MAIN STREET, SUITE A3 1 + CARBONDALE, COLORADO 81623 ~I.Ii â€¢um -CO.Ih~Tocx*ORADD~WÂ¥Â©UMU;'COM-NCEâ€¢NYLâ‚¬Â¢4 ~|1 ACCON~SM'weDNANrDEFECI*1;it!~suraâ€¢wir,:LNÂ»IttEngs (970) 704-0311 SOPRISENG@SOPRISENG.COM * -mNANYDEFECINTHeSSURp.COMMfNaDMOETH*Nll 'm- *&. /.Wkiw.st'CÂ·8\FX-20 5\14Â»r-.V-S .gla~ /":.m.'.:'..%..'.B.W.<MW#'..'.0, | t,Â·". FROM TI JE DATE OF <EPTIriCATIOD; 53Â·(...REON -EE~ CEFER' S42*38'33"E 40. ' . it \ \ \Â§01* ' |.( .d..+ I : i I x -b-/f,-M'. 1, NOTES: mUES'&11 / A. \ 1 ~ ~1 7 f 1\ \.,1 \ 1. SITE PLANS ARE PRELIMINARY AND ARE BASED ON THE SCHEMATIC DESIGN FOR THE PROPOSED T / .2,7. A 1 RESIDENCE AND TRAIL. [ANDSCAPE ARCHIIECTURE , 2. DRIVEWAY TO BE RE-CONFIGURED AND EXTENDED DUE TO RE-ALIGNMENT OF OKLAHOMA FLATS LAND MANNING TRAIL IN COORDINATION WITH THE CITY OF ASPEN. URBAN DESIGN $ -- 3. RE-ALIGNMENT OF OKLAHOMA FLATS TRAIL WILL BE COORDINATED WITH CITY OP ASPEN. 311 Moll Sir- Suite 102 3 U. 'Minat. 1 1 5. TOP OF BANK TO THE EAST OF THE OKLAHOMA PLATS TRAIL HAS BEEN DETERMINED BY THE CITY 4. SEE CIVIL DRAWINGS FOR LIMITS OF DISTURBANCE GRADING AND WALL AND TRAIL DETAILS. C.I.*Ile, CO ' I .3 I 970 9/ ./0 OF ASPEN ENGINEERING DEPARTMENT AND SURVEYED BY SOPRIS ENGINEERING. TOP OF BANK AS IT CROSSES THE OKLAHOMA FLATS TRAIL HAS BEEN INTERPOLATED BASED ON SURVEY CONTOURS AND EXISTING CONDITIONS PHOTOGRAPHS. FINAL TOP OF BANK AS IT INTERSECTS ~ ' WITH THE OKLAHOMA FLATS WILL BE DETERMINED IN THE FIELD WITH THE CITY OF ASPEN R / ENGINEERING DEPARTMENT. TO BE SURVEYED WHEN WEATHER AND SNOW CONDITIONS PERMIT. il '' 0.5 m IN CIvil Englncering 1 El L fli' POBo*9554 Aspen CO 816 21970.$48.7474 ------t , 7 -91./.2- * KLeA, Inc. il i, Ii,Ill ' 1/~,0,1, .id ./ildni ' .Â£0 Structural EAgiAâ€¢*Ang % -- 2,4.4 (91 215 N. I 7*, Strest. LilliE N - REUSE OF DOCUVENT - ' i.&,2 970.927.5174 Cotondale. CO 81623 1 . - , 1 Tr.* doumet '. * mi.,t~y / 37 Elf<rb des,grÂ· leÂ©fpe'lled 00 thÂ·~ - 4, 0. 922 111 1 1 - 3+0:ement : a.1 hilâ€¢.im-~ M #.. ry ./. 9,0.' ./. , 1 T ;1 * * . 1 . ..MEA \Uly; , 411 -ply- AS ., \0 11 / 11~ j-/ 9/ I I. f f / STREAM MARGIN REVIEW AREA -~ * ~ ~1 1 - , /1 - / 1 EXISTING RETAINING WALL TO BE - 0 - / a M , REPLACED AS A RESULT OF TRAIL , IMPR0V92'21'52?gr'Jin>32 , */f FA .4.- 5 9 EXISTING TRAIL TO BE RESURFACED. . 2 1 :/,-3 t.\. // # SEE CIVIL DWGS FOR LIMITS OF WORK . 9 / 1 1. 11 0% Nt...../ 471 + 1 /4 80 '1 , - + / i. RESIDENCE ~ / 7.11 li +4*: + /0 , 4\ b' 1/ / EXISTING BRIDGE -' , 2& r < 4* . Uu 4 4. .-_j Â»31 Â» 0 4 04 7.. / LEGEND: PROJECT NUMBER: DATE 14419,01 01.06.16 EXISTING TREES TO REMAIN ORAI'IN: ,~ --- HIGH WATERUNEASSURVEYED CHECKED: , - - - - BUILDING ENVELOPE DESIGNED SEE CIVIL DWGS -- j *4~&9\- .~ PROPOSED ASPHALT PAVING. BY SOPRIS ENGINEERING REVISONS 49/ ....\ 1 K '4Â£~,<~50 9~ ~~~~ ":4 'â€¢ - - - . 100' OFFSET OF HIGH WATER LINE / STREAM REVIEW AREA - PROPOSED RETAINING WALL. - - TOPOF BANK AS SURVEYED BY SOPRIS JOE DESCRIPnON PROPOSEDCONCRETE PAVING. SEE CIVIL DWGS /\: 96*4/6 1 '*Thi | 2/JI :.4 -9 40 ' ' SEE CIVIL OWGS ENGINEERING IN COORDINATION WITH THE CITY OF ASPEN Stream Margin Exemption = _ = REFER TO 855 BAY STREET SHEET nlt-E ' STREAM MARGIN EXEMPTION PLANS --I--.-- STREAM MARGIN SETBACK F ~' PER 1999 PLAT STREAM MARGIN I I I STREAM MARGIN REVIEW AREA EXEMPTION - - - - 15' OFFSET BASED ON SITE MATERIALS ~ CURRENT TOP OF BANK . PLAN - - - - 100 YR FLOOD LINE SHEET NUMBER: ~ PER FEMA MAPPING 4 , , 1211 j HY=1 I LS1.0 0 10 20 40 ./ : SCALE: 1"â€¢ 20'-0" lieil Slel:I elli PAN-3 JL ~C~~ ~ / 4: I f'' PROP. SHRUBS ALONG TRAIL 1 :/ 1.9 4 i 4 i r--0 i .... '" Ilmm 4\ 4 / jl - . 1 V i NOTES: i ANDSCAPH ARCHITECTURE Lb.ND PLANNING UN[tAN LE SIGN 1. PLANT MATERIAL IS TO BE HEALTHY SPECIMENS FREE FROM DISEASE OR DAMAGE. 2. CONTRACTOR IS TO VERIFY ALL QUANTITIES, IN CASE OF DISCREPANCIES GRAPHICALLY SHOWN PLANT 31 I MCIA 51'"1 51.1110 I 02 C ...Mal, CO 81*231 I.'oIl .70 AND IRRIGATION QUANTITIES SHALL TAKE PRECEDENCE. PROVIDE MATCHING SIZES AND FORMS FOR EACH TREE TO BE INSTALLED. 3. ALL MATERIALS USED SHALL CONFORM TO THE GUIDELINES ESTABLISHED BY THE CURRENT AMERICAN / :# , STANDARDS FOR NURSERY STOCK PUBLISHED BY THE AMERICAN ASSOCIATION OF NURSERYMEN. f PT-3 1 4. ALL PLANT MATERIAL TO BE APPROVED BY THE OWNER'S REP PRIOR TO INSTALLATION. i i LIMITS OF DISTURBANCE -1 5, CONTRACTOR TO STAKE ALL TREE LOCATIONS PER PLAN, 0% 6, OBTAIN LANDSCAPE ARCHITECT'S APPROVAL OF STAKED LOCATIONS PRIOR TO PLANTING. 7. STOCKPILED PLANT MATERIAL TO BE PLACED IN THE SHADE AND HAND-WATERED UNTIL PLANTED. Cll Engineering / PN-3 / 8. MAINTAIN POSITIVE DRAINAGE AWAY FROM WALLS. WALKS, BUILDINGS. AND OTHER STRUCTURES AT PO Box 953â€¢ / ' ALL TIMES. FINE GRADING SHALL BE APPROVED PRIOR TO SEEDING. Aspen,CO 815 21970.948,7474 PM-3 9, INSTALL MIN 4" DEPTH OF SPECIFIED MULCH OVER FILTER FABRIC IN ALL SHRUB BEDS. / 4 . + 10. DO NOT PLACE MULCH WITHIN 6" OF TREE TRUNKS. - 1<16:,A in: PROPOSEDSHRUBS + 11. SEE CIVIL PLANS FOR PROPOSED GRADES. ./.4/, tl,UdIN!119-uâ€¢, 'll'll, ~ / ALONG TRAIL + 12. THE CONTRACTOR SHALL FINE GRADE ALL AREAS TO BE PLANTED. THE CONTRACTOR SHALL REMOVE Structural Eng:Meering PT-4 ~ * i REQUIRED DEPTH OF SOIL ALONG WALK WAYS TO ACCOMMODATE SEED. TOPSOIL, OR MULCH DEPTH. 215 N. 12th Street. Unit E 13. AUTOMATIC IRRIGATION TO BE PROVIDED TO ALL DISTURBED AREAS. Corbondole. CD 81,23 PT-3 14. SEE GEOTECHNICAL REPORT FOR IRRIGATION RECOMMENDATIONS WITHIN 10' OF STRUCTURES. 970.927.5174 -- PM-2 CONTACT OWNER'S REPRESENTATIVE IMMEDIATELY SHOULD A CONFLICT ARISE BETWEEN THESE NEUSE OF- DOCUMENT PLANS AND THE GEOTECHNICAL REPORT. - 2.,T Â·Â·Â·Dorier'w ee i.,9 - - IN, deÂ¢,Nrt I th, I **AF AN-1 ' ' \ 15 TREES TO REMAIN WILL BE PROTECTED PER CITY OF ASPEN CONSTRUCTION REQUIREMENTS FOR ../ D-e C:. I. 0.... ~ EXCAVATION ADJACENT TO PROTECTED RESOURCES. ...p $ ar .SI~.-AeÂ· . 1 '' 16. PROTECT ROOT SYSTEMS FROM PONDING, El;tODING, OR EXCESSIVE WETTING CAUSED BY 2.04'.73 -4, 11 "0 Â· .1 50 . * 'I ony :t- mÂ·~*c~ *â€¢" 42' 1% . J CONSTRUCTION OPERATIONS. .......I I e. 0.4, Cal ---\- 84'STRESTRO.* I 17. MAINTAIN TREE PROTECTION ZONES FREE OF WEEDS AND TRASH. EXISTING TREES TO REMAIN ---- 1 18. TREES PLANTED NEAR DRIP LINE OF EXISTING TREES SHALL BE HAND DUG, 1 / / 19. SEE PLANT LIST FOR TREE SPECIES. QUANTITIES AND SIZES. PLANT QUANTITIES AND SPECIES AN-1 2%. / '//4 / PROVIDED ON THIS LIST ARE BASED ON PRELIMINARY LANDSCAPE DESIGN. FINAL TREE MITIGATION TO BE SUBMITTED WITH LANDSCAPE AND GRADING PERMIT APPLICATION, TRANSPLANTED TREES - 4 0 - 9 . -t 1 PT-2 4 / . 0 ++. 43. / i : / / PLANT LIST: STREAM MARGIN + 1 REVIEW AREA 4 TRVS KEY QUAN *N, SZE Botante Mannâ€¢ Common M,me NATIVE SEED MIX IN ALL 1 â€žâ€žâ€ž 7 ~ 12' Plce, pungens 'Hoopsil Hoops" Spruce DISTURBED AREAS 6 1 8' Pinus nigra 'Arnold Sentinel Columnar Austrian Pine PAN 5 3" P.gulul anguitifolia Narr~.lelf Cottonwood PH.4 9/ 'P 4 1 PT 9 1 3" Populus tremulo,des Queking Aspen PT-2 PM-3 PT 4 2 5- Populus tremuloides Quaking Aipen -1.2, /+ PT 3 7 Sal Populul tremdoldes QuakIng Aspen FT-2 :/ 0 & Pia ~ PM 11 i 10' Psuedotsuga menziesh Douglas Fir PPH-3 Â·Â·Â· ~~t . /# 0- d KEY QUAN WIN. *ZE Botanic Name Common Name SHRUBS (109 Total) 1 .Â·' ! i AG 5 bal. Acer ginalla 'Compecta C),varf Amur Maple *: Common Chokecnerly AA sbal, Amelanchier alnilblla 'Regent' Ser,icibe,ry + PV / 0 'p.,f* 84- -RC 5 ~al~ Ribes cereum Squaw Current 4 .4 0 *..+ 5 61 Rosa woodell Woods Rose R,N l '~ 1 SO 5 bal. Symphorlcafpos occld,ntalls Snowber,y u RESIDENCE NATIVE SEED MDX % Mi' 80#on#c Name Common Nome 1 .......3,0*se piI:iÂ·' ~ AS96 Bromusb,ebentan\\ Meadow Bromegrm 40% Poa canbyi 'Canby' Canby Bluegrass e. *4% Dactylis glomerate'Patomac Orchard Grass 44, ~596 Phleum pretense'Climax' aimax nmothy - 25% Bromus mar:Inatus 'homer Mountain Brome,rass / * Â· Â· 4~ 0 #796 Elymus trachy,aulus 'San Luis' Slender Wheatgrm 404/1 i 12 ;14% Pascopyrum smlthil 'Arrlba Western wheatgrass \41 ' 0700 14419.01 01.06.16 PROICT MUI,ISER: DATE: $ f ~ DESIGNED: 1 1 1 DRAÂ¥#1: CHECKED / f f \ - 0444 4*44 44443 - 24 ~ REVISIONS: - l . $ LEGEND: 1 <-/ .0 40. 4*.04 + \.4- 1...4 \ â€¢ EXISTING TREES TO REMAIN - - - - BUILDING ENVELOPE ..r#@004 4 F ..4 \ JOE DESCRIPn ON . \\\*45P 4\ s. * ......1.4 \ = . - HIGH WATER LINE AS SURVEYED BY SOPRIS ENGINEERING Stream Margin Exemption â€¢ , 0 \ 2*1 PROPOSED \ 52 0 X~19 EVERGREEN TREES . - . - 100'OFFSET OF HIGH WATER LINE SHEET nILE f STREAM REVIEW AREA STREAM MARGIN 21 .u ~ PROPOSED EXEMPTION 4 DECIDUOUS TREES - - TOP OF BANK AS SURVEYED BY SO ' ENGINEERING IN COORDINATION W LANDSCAPE PLAN THE CITY OF ASPEN ~ <~) PROPOSED SHRUBS . SHEET NUMBER: ..........Â·.- STREAM MARGIN SETBACK , ~ TREES TO TRANSPLANT PER 1999 PLAT / 6 130 40 NATIVE SEED MIX - - - - 15' OFFSET BASED ON CURRENT TOP oF BANK LS2.0 T SCALE: 1'â€¢ 20'-0Â· - - - REFER TO 855 BAY STREET - - - - 100 YR FLOOD LINE STREAM MARGIN EXEMPTION PLANS PER FEMA MAPPING -\4 I I I STREAM MARGIN REVIEWAREA 1!eJ.1 slel:1 ell.104el)IO 00 'uedsv | t STREAM MARGIN AREA PATH PROFILE .1 ESIS! f ~Â·, SCALE 1 HORN.â€¢ P.Â·10' LANDSCAPB ARCHITICTURI 1 \ $ f. / - e PROGRESSZVE Â¥6Ht.mi"ID' LAND PLANNING 5 ,j ) ~- REIGHT OMIT ....... .. .. EXISTING GRADE n iJRBIN DESIGN Â· 1 2 'M MOR#+ -- Â· \ ' ' EDGE OF' BANK SETBACK r 550 1,60*, Street SuIte I 10 1 3 % 1 w, Ck/de/.CO /1/21197006)63;5 If / TOP, OF BANK -Â· i i 1 , 0 eC -3 / g / ~ , ~ UNEAR, FEEfiF M*E WAR .. ~-T- 7880 , 1---Â·go' --1 . SETBACK SAW CUT LINE AT STAiT OF -1 \ IN STEAM MARGIN SETBACK , . , NEW PATH CONSTRUbt,ON ' ' 1, , BIKE PATH- 5 ZMO*senng FINISHED GRADE p '- START OF PROPOSED â€¢r, AeÂ·. - RIVER BO.TIOM MSE RETAIN]NG WALL OKLAHOMA FLATSm 4 ; 1 4 7878 r , EXISTING GRADEn . r- PROPOSED GRADE ) 7865 PO Be 9554 STREAM MARGIN 1 4 f /,.. Aspen, CO 816 121970.948.7474 . i i i i i N al im UN im i; 01 11 im *Wil ~*KL,frA,lne:, $8 1 REVIEW AREAt ~ ; " 1 -m k ta fri ) 1 Stiuctuic]1 Engilieerlr~ \ lit / f.// 3 .j \ 0.00 0+20 0.49 DÂ·*60 0+80 !+00 1+26 1+E 4+515# 115 N, Ilth Street, Unit E Carbonalle, CO 81423 41 , 2 REUSE or DOCUMENT 11 1 ' 1 9,0927,3174 'M~ OÂ©evm,nt 4 'M. Propefy .4 ~1 1 / 7% 0 )/C.* C.. 14 'de. I. 1*â€¢ 4,corpor,ted or thllk / ...... *IllÂ¢ -lol *O 0.....f 14 = 4Â»rl.*Af .Â¢ AD for o~, 01'N M~ IMAN' :j94 1.1,/ ..M"d.. . ~1Â¥ S." C. \' EM\\1Â· 1 - :t\ LIMITS OFDISTURBANCE- f~ *4/Jlf /fe . ;i; /2 '* lilli #iAl * ; il I iÂ·Â· ~ ~/; 48 FT OF MSE RETIjhUNG .~ J f ~ - ' i 1 1 ,/ / f / i ,Â·g' < ~ WALL TO BE ADDED IN STREAM i ; MARG]W REVIEW AREA ~- 4 l/ / ABOFT'oF TRAL / ~ 1 ~., ~ ' ff.,/ f ~~6 ill m S UPA'Ze#fe./Et : 1 ~~Â·Â· 0 0 1 i $ O 1 7 L I ; 3 i .. 0 424 SA W CUT LJNE '\ 1 : il Â¢ 1 0-0- 0 .1 / 0% .. . 0/4/ Oil t'. 1 1 1 1 , iti / / 1 3, 1 1 REMOVE EXIST/NG O. TIMBER RETAINING WALL BETWEEN SAW CUT UNE 4/ Vi 41 1 1 1 2 1 1. /1 Â« .......... 0/3 1\/ / ...... STREAM MARGUN ---~ 4. 0 EXHISIT ALIGNMENT J'12 4.4 + 2 1 1: 1. - \ &44* /5 TOP OF BANK iN STREAM MARG}N 00* , AREA JNTERPOLATED BASED ON~\31~ /004 SURVEY CONTOURS AND EXISTING COND;NONPNOTOGRAPNS. . -1Â·... / 0 *-+ 8 i. j C li //i:.' N / 1 TO BE SURVEYED WHEN WEATHER . ; ,~ 4 ~ OF~N~Nrj~=Z.=1?m 2 , '.. i .: 4.,j ~: (1: it \~ 1 j / /. ~ 9 *ILL BE DETERM]NED BY COA ENGINEERING DEPARTMENT. iii- ~ ~ 1. lit PROJECT NUMBER DATE 2015.29 01.16 DESIGNED: DRAWN+ ' CHECKED \ & 0:* . 4 4 0 .9 , /0 I \ 1 i REVISIONS: e \ .... Co 27294 5 06 : . â€¢ 00000~ 00 ::/ JOB DESCRIPTION: --6,/4 i L L.U. APP. 0 0 .J / \ i SHEET TITLE: 744 .. / 4 / Stream Margin .. . ; Exhibit IN: GRAPHIC SCALE --0 / - ,/ ~.<~ Â· SHEET NUM8ER 47.4%. 0 4. 1 IN FEET 1 1 Inoh a lOtt. (1.0 \.6 . 1!ell sle' 3 elll04el>IO 00 'NBdSV ~1 ES It N -100Â· HIGH WATER. N. rral*, TRANs/riON FROM. ~ P- .4.INE OFFSET .. ' - URBAN DESIGN rLMITS OF BEKE PATH LANDSCIP E ARCHITECTURE LAND PLANNING --6 1Â·,Â·row'wion,rÂ· . Â·1 - FROM~Â· / 580 Man Street. Suite 110 Corbondole. CO 8}62319709636520 g:i: .7.1........ ~+ -52Â·<6--~I-ST(~W~~*pr~~,~ ~~ ~~~Â·gÂ°11'J,1~11:if-~ i--*X*HT: a~*w~>r ---%21&12.. i A BIKE PATH -~ Â· L=38.32. R=#0/.00 ~ i 1 -------==--.1 ---,=--- -, , ,-.114 E7* 6180Â· -78 WIDTH Ovil Eng,neenng 8-BP 0.0(00 h.4 -.922.*aT,Â«.4.4 PO Box 95S4 Aspen, CO 816121970 948.7474 - k~- h. -rb~/1pJECT.BNNOARY, r..~ *hâ‚¬*2351Â° 2472*.-.~br--*~~~.~r#~r~bjr~:Â» â„¢t hz\. A<...S==*62 .3 8.1 GRAPHIC SCALE ' 0 KLGA. lue, 1Â° > ::42444041%~ATLY ~ \0 1-/ i Â«UÂ»ch-J~ 1 - 0-AY-73Â¥ 1 N Structural Engneenng Â»-x-.#442\-5-\ 26 . :3.~ --7-17*:~~ 215 N. 12th Street Unit E 1 IN FEET ] Carbondale, CO 81623 + 1*4>i ~ 49.23 1\ 1/- # 7'.- 1 Inch . lift. 970927.5174 REUSE OF DOCUMENT Th#, d,}Clm~t ~ the prop*I 0, DHW De,: C(. The Ideas .d des,gl incocporeted o. this LEGEND BIKE PATH PROFILE F**ce ondsha~ not be docu.-t . , Mit,un-nt . SCALE -e,- a, h~1- I Dâ€¢ D-+ C~P ,-d . ~y /* piojoct ./.0/ HORIZ. = 1Â·H ID; ~ CONCRETE PA VING VERT.= 1Â·:5 79Â£/ ~ ASPHAL T R ~ MSE WALLS '5 ~ SOIL NAIL WALLS 4 PV! STA :04996 PVH ELEV :1882.0 PROPERTY LINE K:5.00 & & L FCÂ·Â·/SM PROPOSED CONTOURS 7390 . 7090 li k. EXISTING CONTOURS .4/ - - - - SETBACKS AND 44 - 41# / - 22 BOUNDARIES rEXISTING <--~ 7885 EDGE OF STRUCTURE Â· Â· -2101 -------- FLOW LINE .--0 L #- - - - - CONSTRUCTION BOUNDARY 7.Sig 7080 PROPOSED --1 EXISTING -\ r-PROPOSED 7,75 %2 Â¥ im EN in EN 0.00 O.50 1+00 0 0 MSE WALL SECTION TYPICAL ASPHALT BIKE PATH CROSS-SECTION EE NOT TO SCALE NOT TO SCALE 2 0- CLASS 5 ROAD BASE s C ~ U PATH S]DE SWALE V< COMPACT BACKFILL IN 2-COURSE \ 6-DEEP 1-5- COBBLE ~~ _ ~ PROET NUMBERÂ· DAE PATH WIDTH VARIES AS PER PLAI+----2~ 6- FREE -DRAINING GRAVEL,-1 --51EBELELAL 2015.29 01.06 FILL AS EACH COURSE ;S LIm ~ ULLRL-b</ DESIGNED: 1 2 / 5- DRAWN: CHECKED: V SETBACK PER COURSE 3Â·OF ASPHALT REVISIONS TYP ALL WALLS COMPAC UNIT -~ Â° ___ ~ 4- CLASS 6 AGGREGATE -----j - FINISHED GRADE STRA LI -GRUD SG200 - BASE COURSE COMPACTED J08 DESCRIPn ON: GEOGRID EVERY 2 - ~~ 5Â·-0Â· Trp TO 85*MAXIMUM MODIFIED 5- OF 3-MINUS - COURSES OF BLOCK 1 ~ PROCTOR DRY DENSITY STRUCTURAL FILL SCARIFY 6Â· TO 12- BELOW DRIVEWAY AASHTO 5180. TYPICAL FOR SHOULDERS AND RE-COMPACT TO 915* STANDARD PROCTOR L U APP BURY FIRST COURSE, -, - SHEET TmE ' R ASTM DIE MAX]MUM DENSITY 8-M/N \ 1 V XI 1 111 CONSTRUCTION PLAN r DEEP CRUSHED-J SHEET NUMBER It i. ,#33?0 - M STONE LEVELING PAD &/,. . - \6-MIN EACH SIDE 4-* MIN PVC PERFORATED DRAIN PIPE W/ FILTER FABRIC - SLOPE â€¢ 2*TO DAYLIGHT (INSTALL PIPE Â¥/ PERFORATIONS DOWN I 1!eil Slel:1 euuo4 3Â·-6Â·MAX. RESOLUTION #112 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND ASPEN STREAM LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an agreement for the relocation and construction of the Oklahoma Flats Trail, between the City of Aspen and Aspen Stream LLC, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Agreement for the relocation and construction of the Oklahoma Flats Trail between the City ofAspen and Aspen Stream LLC a copy ofwhich is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf ofthe City ofAspen. INTRODUCED, READ AND ADOPTED,By the City Council of the City of Aspen on the 12th day of October 2015. 9-\<El--- <even Skadron, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City ofAspen, Colorado, at a meeting held October 12,2015. Linda Manning, City~Clerk TRAIL RELOCATION AND CONSTRUCTION AGREEMENT TmS TRAIL RELOCATION AND CONSTRUCTION AGREEMENT (the "Agreement") is made and entered into this / 2- day of October, 2015, by and between Aspen Stream LLC, a Colorado limited liability company, with an address of 855 Bay Street Aspen, Colorado 81611 (hereinafter referred to as "Owner"), and the City of Aspen, Colorado, a Colorado home rule municipality (hereinafter referred to as "City"). RECITALS: A. Owner is the record titleholder of certain real property, herein referred to as the "Property" situated in the City of Aspen, Pitkin County, Colorado described as Lot 1, Creektree Subdivision, according to the plat (the "Plat") thereof titled Second Amendment to Creektree Subdivision, recorded in Plat Book 51 at Page 63 under Reception No. 436714 ofthe Pitkin County, Colorado real property records. A copy of the Plat is attached hereto as Exhibit A. B. The Property is burdened by a twenty foot (20') wide trail easement (the "Trail Easement") dedicated to the public for pedestrian and non-motorized recreational uses, as the same is described and shown on the Plat. C. The Trail Easement is a portion.ofthe Oklahoma Flats Trail, a public recreational trail with an alignment that originates on Gibson Avenue, passes through lands owned by third parties, extends over and across the Property, passes over a bridge spanning the Roaring Fork River and then intersects with the Rio Grande Trail in Newbury Park. D. Owner and the City are concerned about the conditions present in the current trail alignment given the steepness ofthe trail and the location of the intersection ofthe trail with Owner's driveway at the bottom ofthe hill, and desire to enhance the trail experience for both trail user and Owner and to provide a safer and more functional trail. The City and Owner recognize that by working together there will be mutual benefits to recreational trail users. E. The City and Owner, upon execution of this agreement, will engage the services of planning consultants, land surveyors, engineers and the City's Parks Department staffto develop a plan to accommodate the Oklahoma Flats Trail improvements with Owner's driveway realignment and improvements, as shown schematically in Exhibit B attached hereto. Owner has consulted the City's Parks Department staff and the City's Parks and Open Space Board in developing Exhibit B. F. The City and Owner wish to enter into this Agreement to set forth the terms and conditions of a mutually approved development program for the Oklahoma Flats Trail, which will include elements of cost sharing on certain services and construction activities as more particularly described herein. [1] NOW, THEREFORE, IN CONSIDERATION ofthe promises and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and the City, agree as follows: Trail DesiEn and Construction, 1. The parties agree to cooperate in the relocation, design, installation, construction and inspection ofthe Oklahoma Flats Trail as it passes over and across the Property. The parties agree that the relocated Oklahoma Flats Trail shall be designed to be suitable for recreational uses by bicyclists, pedestrians, non-motorized vehicles, City-managed maintenance and snow removal vehicles and equipment, and for other similar recreational purposes, over and across the Property in approximately the new trail alignment location shown schematically on Exhibit B. 2. The Property shall remain subject to the existing Trail Easement until the relocated new trail is constructed. Once an as-built center line ofthe new trail alignment is surveyed, the parties shall enter into and record an amendment to the Trail Easement (the "Amended Trail Easement") in substantially the form attached as Exhibit C and incorporated by this reference. The Amended Trail Easement shall substitute the new location ofthe trail alignment for the existing trail alignment and abandon those portions of the existing trail alignment that do not fall within the Amended Trail Easement description. The Amended Trail Easement and the adjustments to the driveway serving the Property shall also be reflected in an amendment to the Plat, the cost and expense for which shall be borne solely by Owner. 3. Owner represents that it is the owner of the Property and that there is no recorded or unrecorded agreement, easement, encumbrance or conveyance affecting the Property which would preclude Owner and the City from relocating the Oklahoma Flats Trail as contemplated herein. Prior to the recording of the Amended Trail Easement, Owner agrees to provide the City with appropriate title information as evidence of Owner's representations herein. 4. Owner and the City shall each pay one-half ofthe design fees to be incurred after the date of this Agreement for the redesign of the Oklahoma Flats Trail corridor as it passes through the Property. Areas of responsibility for costs as between Owner and City are shown on Exhibit D attached hereto and incorporated by this reference. Design fees incurred by Owner prior to the effective date ofthis Agreement shall be paid solely by Owner. Design fees incurred to date and to be incurred in the future by the City for those portions of the Oklahoma Flats Trail located off of the Property shall be paid solely by the City. An estimate of future design fees for the project is set forth on Exhibit E attached hereto and incorporated by this reference. If future design fees exceed the estimate, then both parties shall share equally in the payment of such additional design fees. 5. Owner agrees that all survey and engineering work performed by Owner's land surveyor and civil engineer, Sopris Engineering, as well as all design work performed by Owner's land planning consultant, DHM Design, subsequent to the execution of this Agreement shall be the property of the City. [2] . 6. Ownbr agrees that Sopris Engineering's work and DHM Design's work for Owner on the realignment, relocation and design of the Oklahoma Flats Trail prior to the execution of this Agreement may be used by the City for the purposes of, but not limited to, creating, drafting, designing, planning, and permitting the final design of the entire Oklahoma Flats Trail. 7. City shall apply for any and all permits necessary for the construction identified herein relative to the realignment of the Oklahoma Flats Trail through the Property as illustrated in Exhibit B, and shall provide Owner with copies ofall permit application materials. The parties acknowledge the need to achieve timely agreement on the final design of the trail realignment in order to meet the permit application schedule and construction commencement objectives described in paragraph 18 below, The estimated costs and expenses of permit preparation, submittal and procurement shall be shared equally between the parties as estimated in Exhibit E. The permits associated with the realignment ofthe driveway serving the Property, and all landscape or construction matters on the Property outside of the trail corridor shall be prepared and paid for solely by the Owner. 8. Owner and the City agree that Sopris Engineering and DHM Design shall be responsible for the survey, design and managing all work associated with the preparation of the Oklahoma Flats Trail permit packet, including but not limited to the following: conceptual plan studies, grading plans, illustrations, construction plans that are required for Landscape and Grading Permits, a Permanent Right of Way Encroachment Permit for the driveway, a storm water permit, or any other permit as required by the City of Aspen. Sopris Engineering and DHM Design shall invoice Owner and the City on a monthly basis for each party's share of the costs of such work. 9. Owner and the City agree that the final trail design for the Oklahoma Flats Trail as it traverses Owner's Property shall be mutually agreeable to the parties herein. Owner and the City of Aspen Parks and Open Space Department must approve the design at 50%, 90%, and 100% design levels, in writing, prior to permit application submission, and in no event later than December 1, 2015. In the event Owner and the City do not achieve mutual approval of the trail design at the 50%, 90% or 100% design levels by December 1, 2015, then either party may terminate this Agreement by providing written notice to the other, whereupon this Agreement shall no longer be in force or effect, and each party shall pay its share of design costs and expenses incurred through such termination. Any changes in the final trail design and specifications for the trail as it traverses the Property made necessary during the permit review process or during the course of construction shall be subject to the mutual written approval of Owner and the City. Notwithstanding the foregoing, the City also reserves the right to unilaterally terminate this Agreement (an "Early Termination") at any time on or before January 1,2016 in the event the City, in its sole discretion, determines that circumstances beyond the City's control will prevent the City from meeting the City's overall trail realignment goals or the permit application and construction commencement objectives described in paragraph 18 below. In the event of an Early Termination, the City shall reimburse Owner for all design fees and related costs and expenses incurred by Owner from the effective date of this Agreement through and including the Early Termination. Further, to the extent the City and Owner come to an Agreement on a trail alignment design, the City shall have the reserved right to obtain permits [3] for and to construct the new trail alignment at any time in the future, but at the City's sole cost and expense, without any financial contributions from Owner; provided, however, that the City i shall be required to obtain Owner's express written consent to any deviations or changes in the trail alignment or design that were agreed upon by Owner and the City. In the event the City proceeds to construct the new trail alignment, after coming to an agreement with Owner on a new trail alignment as describdd above, Owner agrees that the provisions of Paragraph 2 shall continue to apply and remain in effect. 10. Owner agrees that any and alllandscaping or grading within the Bay Street public right-of-way shall be designed and constructed in accordance with the Aspen Municipal Code and Land Use Regulations and with the approval and collaboration of the City of Aspen Parks and Open Space Department and the City Forester. The City of Aspen Parks and Open Space Department shall use best effort to include City ofAspen Engineering Department staff in the design approval process. The parties acknowledge that the primary design intent for the landscaping associated with this project is to create a safer and mot~ aesthetic trail experience for recreational trail users. 11. As soon as practicable after approval ofthe final design as contemplated in paragraph 9 above, the City, in consultation with Owner, will prepare a Request for Proposal, or Invitation to Bid, in order to contract for trail construction and hire a contractor for trail construction in accordance with the City' s applicable procurement requirements. The contract shall include all earthmoving activities, drainage improvements, landscape designs and landscape installations necessary for the construction ofthe improved trail as depicted on Exhibit D, excepting those portions of the driveway and other improvements that are Owner's sole responsibility. Owner is responsible for contracting all areas ofwork that are Owner's sole responsibility. 12. Upon completion and mutual approval of the designs for the work, Owner and the City shall each pay one-half ofthe construction and permitting costs on the portion ofthe Oklahoma Flats Trail within the Property shown in Exhibit D, except that Owner shall be solely responsible for the construction costs associated with relocating the existing driveway serving the Property, as well as any snowmelt for the driveway. Owner shall also be solely responsible for the construction costs ofthe Accessory Dwelling Unit parking space for the Property. The areas delineating Owner's sole responsibility arc shown and described on Exhibit D. 13. The City and Owner estimate that preliminary construction costs and design fees for the entire project, inclusive of those portions of the trail located on lands owned by third parties, are currently in the range of $300,000 to $450,000, with the variability being primarily attributable to pending drainage requirements and final retaining wall material selection and design. Exhibit D summarizes areas of each party's financial responsibilities for the project. As noted on Exhibit E, the maximum amount Owner shall be required to pay for trail realignment and construction costs fot that portion of the Oklahoma Flats Trail located on the Property shall not exceed 50% ofthe shared costs or $125,000 plus design fees, (but not including other, non- shared costs which are solely at Owner's expense), whichever is less. The total project cost to Owner, inclusive of the design and permit fees outlined on Exhibit E, together with design fees previously incurred by Owner, is therefore estimated to be approximately $250,000. The City [4] shall be responsible for the entire construction and permitting costs for those portions ofthe Oklahoma Flats Trail located outside of the Property, including costs associated with the relocation and reconstruction of the trail on lands owned by third parties located between Gibson Avenue and the Property. 14. The City shall direct the City's general contractor to invoice Owner monthly, throughout the duration of the construction of the trail, for Owner's costs associated with construction and Owner agrees to pay such invoices within fifteen days of receipt of such invoices. 15. The City shall not be responsible for the permitting or the construction of Owner's building improvements on the Property which are outside of the scope of this Agmement. 16. In connection with the work to be performed under this Agreement, the parties agree to use reasonable care in construction of improvements within the area of the Trail Easement, and agree to avoid damage to the surrounding land and improvements thereto, and further agree to restore such land and improvements to their condition immediately prior to any construction, improvements or repairs to the trail. 17. Owner shall apply for and obtain, at Owner's sole expense, a Permanent Right of Way Encroachment permit for the portions of the driveway, snowmelt system, earthworks, and landscaping located in the Bay Street right of way and outside of the Property's boundaries, as shown on Exhibit B. 18. It is the express, stated intention ofthe parties that all construction work covered by this Agreement shall be commenced no later than April 1,2016 and be substantially completed by June 30,2016. In the event acts ofnature such as inclement weather prevent commencement of work by April 1, 2016, the parties shall utilize best efforts to schedule a commencement date as soon as practicable thereafter, but in no event shall commencement of work be delayed past April 15,2016. In the event the project is not fully permitted by April 1, 2016, both parties reserve the right, in each party's sole discretion, to terminate this Agreement by providing ten days advance written notice to the other party. In the event of termination, the parties shall provide each other with a final accounting of all expenses incurred through the date of termination, and the parties shall be responsible for promptly paying their respective shares of such expenses as set forth above. In the event of a termination under this Paragraph 18, the City will nevertheless have a reserved right to construct the new trail alignment in the future at the City's sole cost, but subject to and governed by the provisions contained in Paragraph 9, above, other than the cost reimbursement requirement. 19. It is the intention of the parties to make those portions of the Property covered by the Trail Easement available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under api)licable state statutes, City hereby agrees, to the extent permitted by law, to indemnify and hold Owner harmless from and against claims or awards for loss, damage or any liability including reasonable attomeys' fees and costs, which [5] may result from the City's or any third party's acts or omissions covering and including, but not by way of limitation, the installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of the trail or attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of City' s rights under the Colorado Governmental Immunity Act, as provided in Section 24-10-101, el seq., C.R.S., nor shall anything herein limit or constitute a waiver of Owner's rights and privileges under Section 33-41-101, gl. seq., C.R.S., pertaining to the limits of a landowner's liability arising from lands made available for recreational purposes. 20. If any action at law or in equity shall be brought to recover any costs under this Agreement, or for or on account o f any breach of, or to enforce or interpret any o f the covenants, terms, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs reasonable attorneys' fee, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 21. This Agreement may be changed or modified only in writing by an agreement approved and signed by the parties. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and year above first given. OWNER: ASPEN STREAM LLC py: -- (.Â«11Â«/~ Manager l,/ CITY: Attest: CITY OF ASPEN, a Co rule municipaliÂ¥ ~~ 14 LU l.ky(& /174)45*4 By: Linda Manning, City Clerk -1 [6] STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) 00*obur The foregoing instrument was acknowledged before me this 5 day ofâ‚¬015, by Ti,yintky Hurd as Manager on behalf of Aspen Stream LLC, a Colorado limited liability company. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 12/3/16 CORRIE IMES fli- c-Â»<o OFFICIAL SEAL Notafy Public Â· State of Illinois My Commission Expires Dec 3, 2016 ErrJ Notary Public 4 4 Ll N. NA cki &po Avi , ek; cajÂ» Address Exhibits: Exhibit A - Second Amendment to Creektree Subdivision Lot 1 (Rec. No. 436714) Exhibit B - 855 Bay Street - Conceptual Trail Layout Study, April 2015 Exhibit C - Relocated Trail Easement Exhibit D-Areas of Cost Responsibilities Superimposed on Oklahoma Flats Trail Survey, Sopris Engineering, LLC, August 2015 Exhibit E - Good Faith Estimate of Remaining Design Work, DHM Design 8098580_3 [7] ,4~ ALL TREES SHOIN HEREON ARE COTTONWOODS SECOND AMENDMENT TO CREEKTREE SUBDIVISION ~ O* ~ UNLESS INDICATED DIFFERENTLY NOTES ty FUTURE EVERC-GEN TREE 1. AN ORIGINAL PLAT (WAP) PRIhi PREPARED AS A PICTORIAL REPORT OF SURVEY BEARS 88 FUTURE DECIOUOUS TREE , TIlls PLAT AMENDS LOT I ONLY PLAT {,UP> PRINT SHOWIN, SURVEYOR Â·S SIGNATURE AND SEAL â€¢UY CONTAIN I AN ORIGINAL {INK) SIGNATURE AND SURVEYORÂ·S SEAL. REPRODUCTION COPIES,OF A FRAUDULENT. INCORRECT. ERMONEOUS. OR â€¢I SLEAD ING I NFORMAT ION POSSESSION WITH OF $104 REPRODUCTION COP,IS AND THE USE OF THE INFORIATION THER[ON IS STREAM MARGIN REVIEW AND DEVELOPMENT PLAN FOR LOT I UNAUTHORIZED BY SURVEYOR. DOC~ENTS PREPARED BY SURVIVOR AND WI THOUT A .9.3 GROS: SIGNATURE AND SEAL ARE TO DE VIEWED AS PRELIMINARY WITH All INFORMATION SHOWN SUBJECT TO CHANOE M .0 'ORTH-~T CO-IR 37,0 1474 l ~LOCK 11 ...T ..... Bous,04 'Â¢/4. SUITE *M 2. THE SASIS OF BEARINGS FOR THIS SURVEY WAS THE RECORD BEAING OF SOUTH 70' Â£0 T ,~2, COURTHouSE YARD AT IAAIN STREET AND GALINA STREET. ASPEN/ COLORADO. WAS USED -7 35Â· EAST BETWEEN THE FOUND IONUENTS LOCATED ON BAY STREET MARKED CONTROL % MARKED *VETYâ€¢- MONUMENTS THE BASIS oF LOCATION WAS THE FOUND MOMJIENT ON THE EASTERLY STEEL R TEXAS 77242 0* END OF THE CONTROL BOUNDARY. T)â‚¬ COAST At GEODETIC SURVEY MONLIENT 0159. YELLCW PLASTIC 0 , 10 .0 10 40 . I C. ELEVATION 7*06.670. IN THE SOVT-ESTERLY CORNER OF THE P ITKIN COUNTY 2 --- 13166 .C FOR TIE ELEVATION CONTOURS SHOWN HEREON BLOCK 2 - '00 OKLAHOMA FLATS 3 THE TRAIL, AS SHOWN, IS GRANTE SY TME TRAIL DEDICATION GRANT WHICH 20 ILIMINATES THE PRIOR 20 FOOT WIDE TRAIL EASEMENT. THE TRAIL 1 'RUDGE - DEDICATION GRANT I RECORDED IN THE OFFICIAL RECORDS OF .TKIN COUNTY As RECEPTION .0 Noâ„¢ 15 OuFFER, LANOSCAPI/4, #O P a KECORD I Mous/ FoorPRINT AND NEW/ AND RIGHTS-OFIAY ON THIS PROPERTY IN ADDITION TO THE SUBDIVISION PLAT. 29Â·57-2-iinii:Tmo--- --- 4. SURvEYOR RELIED ON TIE TITLE COWNITMENT FROW Pin<iN COUNTY TITLE, iNC. DRIVE- ADDED EÂ»â‚¬ DAvia - --- 4 4.1 CASE NUMBER *CTI/,39. FOR INFORMATION REGARDING ENCUMBRANCES OF EASEMENTS MUCKE-WHAN TlE CR,281~- 1 8/3, 1 - Â¥ le> AREAS. NAT I ):NAL FLOOD INSURANCE PROGRAM. FLOOD INSURANCE RATE MAP DATED 5. THIS PROPERTY IS LOCATED ON THE P I TK IN COMTY. COLORADO AND INCORPORATED JUNE 4. 1907. COUMITY-PANEL Nt-ER 08097 CO 204 C THE PROPERTY IS UN R 2 9 --rt:. -- -CENTÂ¢4*ti E, 42;LITY l WITHIN THE ZONE -XÂ·. OR IN THE AREA OUTSIDE DE 500-YEAR FLOOD PLAIN. THE - '~~>*v~~i~Â©-~2.1---~-i; - ~-~~ PROFILE OF THE ROARING FORK RIVER SHOWS THE I00-YEAR FLOOD PLAIN 10 DE 4.-374, ~ LOCATED AT ELEVATIONS 7875 TO 7878. THESE ELEVATIONS ARE LOCATED ALONG THE ./.1 1. wked.- 9 #34/ 1 RIVER BANK BELOW TIE HOUSE ELEVATION OF 7884 - -- ------ 9 / 02 /,\ 1 1 3AL ' \ \\ (1167.y.-<15 -*12 - 6. NO ATTEEPT HAS BEEN MADE AS A PART OF TIlt IMPROVEWENT SURVEY TO OBTAIN OR SHON DATA CONCERNING EXISTENCE. $1 ZE. DEPTH. CONDITION. CAPACITY. OR n , 0.1 p , '. n\ 1 ~~-'' "2kt , .,~ ~ LOCATION OF ANY UTILITY OR WJNICIPAL/PUBLIC SERVICE FACILITY FOR FUTIE | OR FACILITIES. PLEASE CONTACT 1% APPROPRIATE AGENCIES. o CONSTRUCTION ON â„¢t; PNOPERTY. FOR IMORMATION REGARDING hESE UTILITIES 1 ./ 9 . 4 3 2. 7. TIâ‚¬ DOCLICIT RECORDED IN BOOK 784 AT PAGE 128 GRANTS A 5 FOOT F ISHERWNÂ· S + 4 . ElSEIENT. THE DEFINITION IN BLACKS LAâ€¢ DICTIONARY. STH EDITION. OF HIGH 0 + 1 MER *S USED BY SURVEYOR FOR THE EASEMENT LOCATION. ..' 4 + 0 8 Iâ‚¬DGES AND DISHES AND OROU,Â© COVER ON THIS PROPERTY ARE NOT SHOWN ON THE SURVEY. 1 / 4 ' ~ ~~ ~ / 7 ~ 9. TIERE ARE RESTRICTIONS AND CONDITIONS oN THIS PROPERTY .5 LISTED 0. THE O TITLE COMMITIENT SHOWN ABOVE. A COPY OF THE COINI TIENT AND THE LISTED 1 DOC,ENTAT ION SHOULD V ISTAI NED. SOME OF THESE CONDITIONS AND 1 941 vout MADE BY SURVEYOR TO CLARVY ALL TIE RESTRICTIONS LISTED ON SCHEDULE B. RESTRICTIONS MAY HAVE BEEN ABANDONED WITH NO WRITTEN DOCUMENT BEING 0- ..iu .. d . HOUSTON RIU:ARD W. & StÂ£ J. ORIGINATED. A TITLE SEARCH WAY BE REOUIRED TO INSURE â„¢AT THE GRANTOR <t Â·:t. 5R~ ~.. \~ 8 0 COULD GRANT THE CONDITION OR RESTRICTION. NO TITLE OR ,CUMENT SEARCH WAS ~ 2327..... 4. e/- 82 SECT ION 2 OF THE TITLE COWITIENT AS THEY SHOULD BE SHOWN ON THE SUBDIVISION PLAT. 0 4/2/ 4 . i . I'.Jt- . 2: TEXAS 77019 9 0 Â¥ 3/ .rh CC -ACL :..:77-ENT , 10. nE WESTERLY PROPERTY WAS ADJUSTED TO COMPLY WITH EXISTING MONt,ENT, TION IN :Ae/ f. 4\ ''l ..A.\...:,3 - :u :; FCÂ·. 6 5. 1Â· STEEL ROD WITH .THE FIELD ~ <.7 1- ALÂ·. CAP .. AKEDINE Su C UILO. E TO r CAD WORE m CO ~i. TIâ‚¬ DEFINITION OF HIGH-VUTER LINF USED HEREON IS THE CITY OF ASPEN CODE . DEFINI'll.. ; 1 7 , f .1.143%74 2.10 i: 1 Â·Â· -~.â€ž~ â€ž~~~~,8 1 2 69 '2130 , ,iwi ji- / vOL,( 1 11 . t'01 ' 'Stel. , - <73:15, -1/OQ' 1 ' ; ~-42.t 407. SPLIT 12. THE RECORDED SUBDIVISION PLAT (PLAT BOOK 6. PAGE 83). STATES IN NOTE 7. OF TIE DEDICATION: -DO HEREBY GRANT TO THE PUBLIC FOR THE PURPOSES C. PEDESTRIAN AND RIVERINE RECREATION. AN EASEMENT OVER AND ACROSS ALL THOSE M RECORDED SUBDIVISION PLAT FILED IN PLAT BOOK 6 AT PAGE 83 LISTS THIS PORTIONS Of LOTS I AND 2 LYING WITHIN THE RIVER BED OF THE ROARING FORK RIVER AS SAID RIVER DED NOW EXISTS. AND AS SHOWN AND NOTED HERON N. LOT AS HAVING AN AREA OF 1.460 ACRES. e I :I V L.....49 Â·4 -Uug , 4 , ' 0 .4 14. THE INLY WETLANDS 01, THE PROPERTY IS S FOOT STRIP INLAND FROM THE RECDRO & FIELD L HIGH WATER LINE PER THE NATURETECT CONSULTANT SERVICES CORP. LETTER Vt r :bjf<, . .. DATED JUNE 8. Illl, ADORESSED TO THE CITY OF ASPEN PLANNING DEPARTMENT. , . *LOrE OVE* -C~ I . P. Â«. #135.4~.. ..... SET 5/8- STEEL ROD WITH < 2 \% 2 ;P\41 \ - .3 444 YELLOI PLASTIC CAP MARKED c. BUETTHER 13!66 4. k ~. 1 4 1249Â«200 - ... t. - 1 3. ALL EASEMENTS KNOWN TO THIS SURVEVOR IY A RECORD SEARCH, FIELO LIT 5/.Â· STEC'. AGO WITÂ·1 OBSERVATION, OR LISTED ON THE TITLE POLICY COMMITMENT, ORDER NO.000241#, v.<: Â«4..\ 2, jr Q> N ... 1 23==f 3 : I ... ARE SHOWN HEREON 7.1. E OVER 30 YELLOW FLA,TIC CAP MARKED DATED 1/15/V PERTAINING TO THIS PROPERTY TO THE IEST OF MY KNOWLEDGE 4 E UETT; C =103 4 0 71'% ..lptits< E 163.19Â· RECORD & :L<PE Morse Chateau Â£ SE . . -- + 1 6 *,O. 44>. OVER 30/ 2 I 48 \ N % Al, - - U 5 :1 i '# + . '02 i 14 4. i Acco43'.-,~ # ~~~69 - . I" X * 44 8,/ 1 114 1 9.1 Y.i:,4. .63%~9057:.t _ ./,siET,3,~1* 8E:E 90- RECORD & FIELD 4 41Â£~026.342 17.40 . 130 CO & FIELD 855 Bay Street ...R ACCND 2 *5,1/ 4 SET 5/3- STEEL ROD WITH ~~ 1 40. O 42> YELLW FLASTIC CAP I.RKED i; BUETTIER 13'60 1 SET 5/8- STEEL ROD WITH Fitzgerald Construction CITY 01 BUET TNER 13]66 Carbondale, CO 81623 Y.LLOW PLASTIC CAP MARKED 333 Lions Ridge Road | ASPEN 11_J u I Steve's Cell: 970.379.3197 C-; 970.963.0576 - 970.963.4658 (fax) ' ~ 45' PROCRESSIvE /~- ~ HE,41rr I'll z I HT AT PROF.â€¢Â£ Llue u 32/ - I Set # -: 1 . ' t---717 2 r :â€¢ I.' 13' .~ 1--1 >le *11 1-f~* CREE Re,2 .- Â·Â·Â· vov Flâ€¢ T .1.C/'llt .!CH ./Ecr IN. E...... A.r N htl.: ACCORDIN) 10 CU-00 L- you K ENCE -r in~ 3 I I I '1.Il M. IL.7-2 ./.- I~) â€¢CTION .se Ur.N .Mf DIFECT IN â„¢11 $1~.Y VITH,/ T-IE YE,Al 1; 1011 - WATEL /" '~~ U. T. C.<1.0 .1.1 :...= ..r DerECT i. T 1 -.. r. C.... 10011 TN,Jl TEN Â¥*~Al FK- 1- Dalt Â®F 1~1 CtkTI~~Wlell ~-I ~ERS-. I LINE 0â€¢00 PROPERTY PROFILE (*TE St'Â·r; ON) SCALE 1- Â· 10' . SHEET 2 OF 2 T L , â€¢0113* d 4-ounce FILTER FABRIC ANDER GEOGRID OSI 14.000 OR TENSAR B)(1100) 9 -24~ DIAMETER ALUMINUP,1 FRAME AND GMED INLET UD. lm.ZI M 0*. / SET UD 1 FOOT BELOW THE GARAGE FLOOR ELEVATION Â©) Eg PAVED DRIVEWAY Ann . 8 , 1 1 - .1 ~, ,~.112' OF CLASS 6.GRA~~ COMPACTED TO-,95%..,OF WDIFIED *PROCTOR DENSITY . . I' 7 er i #3: MINIMUM 6' OF 1-1/2- TO 2- WASHED GRAvEL OVER THE TOP AND BETWEEN CHUIBERS Câ‚¬ f gei 4 HIGH, 4' DIAMETER -1 8' Plc PIPE. DEL ~~rr---1 E N Â£:A CONCRETE MANHOLE - 24.- L.-1 \\\ 20 HIGH CAPACITY H- Â·0 INFILTRATOR CHAMBERS, SET LEVEL ON 3' OF GRAVEL WITH OPEN BOTTOM, Â®=0 8 %28 SET ON 3' OF GRAVE 8- BASE COMPACTED TO 95% OF MODIFIED PROCTOR DENSITY ON COMPACTED BASE \.4- SDR-35 PvÂ¢ PIPE IJANIFOLD. LEVEL. BED AND BACKFILL ALL PIPE WITH GRAVEL STORM DRAIN INLET AND INFILTRATOR DRYWELL SYSTEM DETAIL CONSTRUCTION NOTES AND SPECIFICATIONS 1. CONSTRUCTION SHALL BE IN CONFORMANCE wiTH THE REQUIREMENTS OF THE CITY OF ASPEN AND THE MANUFACTURER OF Ezz THE INFILTRATOR CHAMBERS. THE CONTRKTOR SHALL CONTACT INALTRATOR SYSTEMS, INC. (1 -800-221 -4436) PRIOR TO DRUIGE INSTALLATION TO OBTAIN THOR LATEST REQUIREUENTS. 2. THE GRAVEL LAYER UNDER THE INFILTRATOR CHAMBERS SHALL GE LEVELED AND COMPACTED WrTH A VIBRATORY ROLLER TO PROVIDE A FLAT. SMOOTH SURFACE FOR PLACEMENT OF THE CHAMBERS. " 7 -'' 3. GRAVEL BACKFILL AROUND AND THE INFILTRATOR CHAMBERS SHALL BE COMPACTED WTTH AT LEAST TWO PASSES OF A VIB- ~d q 1Â£ CRI)B}NG 7444 RATORY PLATE COWPACTOR IN MAXIMUM ONE FOOT UFTS. 1 DRAINAGE SWALE AT MINIMLI~~~~~ ~ Â£~ Â·. /~ 4. EXCAVATE AT LEAST ONE FOOT BEYOND THE FOOTPRINT OF THE CHAMBER BED TO PROVIDE WORKING SPACE FOR SETTING 44 ON THE WEST SIDE OF THE STRUCTURE 4 3 ./1 THE CHAMBERS AND FACIUTATING BACKFILL COMPACTION. / 4/2 //--D E-- 9 4 /1 6. REFER TO THE SEDIMENT AND EROSION CONTROL PLAN IN THE DRAINAGE REPORT FOR CONSTRUCTION REQUIREUENTS IN 00 1 de// NECESSARY Z U,1 5. AFTER INSTALLATION OF THE DRâ„¢ELL. SYSTEU, INSPECT THE STOR.1 DRAIN INLET PERIODICALLY AND REMOVE SEDIMENT AS EDGE OF * . . 441,/V 1 I q /1 THIS REGARD. GRADE THIS ORAIRAGE SÂ¥,ALE /TO ALLOW RINOFF 77 9 0....h~ TO FLOW AROU60 TME STRUATDRES IN THE < SCALE 20' 172 N 11 . tr-~mhecL*-Â· EVENT THAT THQ STORM DRAN' INLET IS PLUGGED 111 ~ 1 1 ; / // AL / i v'\ 0 3 I .0 30 40 50 V Â·inR- - n 48 U 1 / # .r m < 1 -44 1 // 0 =TORN 95~N~INLET, SEE DETAIL , O 0: 37 1 < 2 1 )/ a ../ 3--r.>92 - / INALTR~ DRYWELL SYSTEM, SEE DETAIL -2-4 ..5.- L. 4 j 4 9- -PÂ»'ED . 1 1 / 67 .*ED-PÂ» 0 il / /1 /% i A --22> ~ , r* i \ / 2 5 . / ~ 9Jft * - + 4 / XISTING 2' CONTOUR (TYPICAL) REâ€žSONS 2 - k \ V 1 4 ORN E SWALE AT MINIWUM 1% GRADE i -RNNAGE FLOW DIRECTION OYPICAL) i \ f ~ O E EAST SIDE OF THE STRUCTURE / -72% 9/4 // 441% 1 DRAÂ®t / ~ SLOPE OVER 30% 1 Â¥,Â£4704-1.7/. SET \ If 4 $ DATE / SlopE 04 6/29/99 / SCALE i /~ 1"= 20 1 I ki ENGNEER i ' / P. BELAU . 444.'424 DWG ALE /19 6/ &1, 443-3-SITE JOB DRAINAGE SITE PLAN 19 443-03 --- ET 1 SCALE: 1 '= 20' oF 1 SHEETS SisDoloa oav NadSV '1338-LS AVe 998 10919 00 'SONI Z0919'~ SS*N~hl~C~00 016Â£ DI/Z TRAIL RELOCATION AND CONSTRUCTION AGREEMENT THIS TRAIL RELOCATION AND CONSTRUCTION AGREEMENT (the "Agreement") is made and entered into this / 2- day of October, 2015, by and between Aspen Stream LLC, a Colorado limited liability company, with an address of 855 Bay Street Aspen, Colorado 81611 (hereinafter referred to as "Owner"), and the City of Aspen, Colorado, a Colorado home rule municipality (hereinafter referred to as "City"). RECITALS: A. Owner is the record titleholder of certain real property, herein referred to as the "Property" situated in the City of Aspen, Pitkin County, Colorado described as Lot 1, Creektree Subdivision, according to the plat Ohe "Plat") thereoftitled Second Amendment to Creektree Subdivision, recorded in Plat Book 5 I at Page 63 under Reception No. 436714 of the Pitkin County, Colorado real property records. A copy of the Plat is attached hereto as Exhibit A. B. The Property is burdened by a twenty foot (20') wide trail easement (the "Trail Easement") dedicated to the public for pedestrian and non-motorized recreational uses, as the same is described and shown on the Plat. C. The Trail Easement is a portion. of the Oklahoma Flats Trail, a public recreational trail with an alignment that originates on Gibson Avenue, passes through lands owned by third parties, extends over and across the Property, passes over a bridge spanning the Roaring Fork River and then intersects with the Rio Grande Trail in Newbury Park. D. Owner and the City are concerned about the conditions present in the current trail alignment given the steepness ofthe trail and the location of the intersection ofthe trail with Owner's driveway at the bottom of the hill, and desire to enhance the trail experience for both trail user and Owner and to provide a safer and more functional trail. The City and Owner recognize that by working together there will be mutual benefits to recreational trail users. E. The City and Owner, upon execution of this agreement, will engage the services of planning consultants, land surveyors, engineers and the City's Parks Department staffto develop a plan to accommodate the Oklahoma Flats Trail improvements with Owner's driveway realignment and improvements, as shown schematically in Exhibit B attached hereto. Owner has consulted the City's Parks Department staff and the City's Parks and Open Space Board in developing Exhibit B. F. The City and Owner wish to enter into this Agreement to set forth the terms and conditions ofa mutually approved development program for the Oklahoma Flats Trail, which will include elements of cost sharing on certain services and construction activities as more particularly described herein. [1] NOW, THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and the City, agree as follows: Trail Design and Construction. 1. The parties agree to cooperate in the relocation, design, installation, construction and inspection ofthe Oklahoma Flats Trail as it passes over and across the Property. The parties agree that the relocated Oklahoma Flats Trail shall be designed to be suitable for recreational uses by bicyclists, pedestrians, non-motorized vehicles, City-managed maintenance and snow removal vehicles and equipment, and for other similar recreational purposes, over and across the Property in approximately the new trail alignment location shown schematically on Exhibit B. 2. The Property shall remain subject to the existing Trail Easement until the relocated new trail is constructed. Once an as-built center line ofthe new trail alignment is surveyed, the parties shall enter into and record an amendment to the Trail Easement (the "Amended Trail Easemenf') in substantially the form attached as Exhibit C and incorporated by this reference. The Amended Trail Easement shall substitute the new location ofthe trail alignment for the existing trail alignment and abandon those portions of the existing trail alignment that do not fall within the Amended Trail Easement description. The Amended Trail Easement and the adjustments to the driveway serving the Property shall also be reflected in an amendment to the Plat, the cost and expense for which shall be borne solely by Owner. 3. Owner represents that it is the owner of the Property and that there is no recorded or unrecorded agreement, easement, encumbrance or conveyance affecting the Property which would preclude Owner and the City from relocating the Oklahoma Flats Trail as contemplated herein. Prior to the recording of the Amended Trail Easement, Owner agrees to provide the City with appropriate title information as evidence of Owner's representations herein. 4. Owner and the City shall each pay one-half of the design fees to be incurred after the date of this Agreement for the redesign o f the Oklahoma Flats Tril corridor as it passes through the Property. Areas of responsibility for costs as between Owner and City are shown on Exhibit D attached hereto and incorporated by this reference. Design fees incurred by Owner prior to the effective date ofthis Agreement shall be paid solely by Owner. Design fees incurred to date and to be incurred in the future by the City for those portions of the Oklahoma Eats Trail located offofthe Property shall be paid solely by the City. An estimate of future design fees for the project is set forth on Exhibit E attached hereto and incorporated by this reference. If future design fees exceed the estimate, then both parties shall share equally in the payment of such additional design fees. 5. Owner agrees that all survey and engineering work performed by Owner's land surveyor and civil engineer, Sopris Engineering, as well as all design work performed by Owner's land planning consultant, DHM Design, subsequent to the execution of this Agreement shall be the property of the City. [2] ... :.'If + 2 4, 1 P . . f 2 6%..tm*.4 ..4.~4 1- - i 1. - 1.: : 8 . crf;- jA~' 0 '' -4. 4 - . .: . 1 + a . al.% . , . . 1 ~<,4, Â·./ '24Â· ~ ;,Â· - 2 .>44%32 '- 1 .. 1/*p~/I'll -.0~~~I<fj:/A:jff ../214'. :.:4'% .t~.Â· ..4;: /4 7: # ''*:f# Â¥ 1 , 1 , , 46'i- C. 1 'f..im, " /1 4 ., I - : i... V '9Â§- 4%. r. bÂ·Â·Â· 54..... - : - 'll-' 1 te'l:*Wh ''.. 1 4 ..4. 1.9 I 1.-ats:. Â·~. ~ ~Â· + ./. I 1 1ft Â· e , 2. .. 1- . .... . 9, . 1 : 1 R.1,1: :<11, 4 -=.-~.... 9.-- ~ -- B . /1/ Â¢ P K ~ 04 4/ ~ -..TEÂ· Â·. < . *,/ 0#3'.1.V ' . . h ..41, , " 4,%111:4.R,~Â» f REStDENCE 4 Â· LEGEND . ' t.... 1 k OWNER SOLELY RESPONSIBLE FOR CONSTRUCTION COST AM Â·Â· /t'.Iy' .... "16% + , '. & ''111/lifi, CITY SOLELY RESPONSIBLE FOR DESIGN AND CONSTRUCTION COST. 4 23) . ti /M274.1 ./ 6 n. #h p NOTES 1.ALL DESIGN AND CONSTRUCTION COSTS FORTRAIL IMPROVEMENTS INTHE 855 BAY , 43* STREET PROPERTY ARETO BE 5HARED RESPONSIBILITY BY THE CITY AND OWNER, EXCEPT Â·Â·* $ AS OTHERWISE NOTED ON THIS PLAN ' ' ~ ~Â·Â· : 1 . 4 1 1 PLAN AREA HATCHED AS*OWNER 501.ELYRESPONSIBLE"TO INCLUDE SITE Â· : Afc -Â·'Â· C. Le:Â¥ . I L . ' 1 ~ IMPROVEMENTS DIRECTLY RELATED TO THE RESIDENCE AND LANOSCAMNG ONLY. ALL ~ .~ '.~ 2.0 '.6 ~34 , Â¥ m TRAIL IMPROVEMENT COSTS INCLUDING GRADING, PAVING, WALLi ETC. TO BE SHARED , 4;L 4% SY CITY AND OWNER. dUL f i P. . 3. BOUNDARIES AND HATCHES INDICATING OWKION OF RESPONSIBILITY ARE ' APPROXIMATE AND ARE BASED ON PRELIMINARY DESIGN PLAN Â· "9 1 . 4 ./-7-414- 4 Â«64. 4 4 .. ifi-' 0 . . V .1/glf /.. . ~ 4....... Â· . 462..Aaer.~Â·. . 19 ..... ,- a 49 --1- %4341 V Â£ TRAIL IMPROVEMENTS: COST SHARING EXHIBIT - 855 BAY STREET AlÂ·m-rma 0 C EXHIBIT "B" Reduced Version of Third Amendment to Lot 1, Creektree Subdivision Plat 8080256.-2 . 5 .IrrmriA .C Attest: CITY: CITY OF ASPEN, a Colorado home rule municipality By: Linda Manning, City Clerk Mayor EXHIBIT "A" Revised Legal Description of Trail Easement . 4 L Al:rmml C and the City to make the Trail Easement available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either party or both parties might otherwise be liable under applicable state statutes, the City hereby agrees, to the fullest extent possible permitted by law, to indemnify, defend and hold Owner harmless from and against claims or awards for injury, loss, damage or any liability, including reasonable attorney's fees and cost, which may result from the City's acts or omissions covering and including, but not by way of limitation, the installation, excavation, fill, construction, maintenance, repair, replacement, public use or location ofthe trail or attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver ofthe City's rights as provided in Colorado Revised Statutes Section 24-10-, 101, et seq., pertaining to governmental immunity. 5. Original Easement Dedication Remains in Full Force and Effect. Except as modified and amended by this Amended Trail Easement, the Trail Easement dedicated on the Original Plat and on the Second Amendment Plat shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amended Trail Easement as ofthe day and year first above written. OWNER: ASPEN STREAM LLC, a Colorado limited liability company By: Manager STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The foregoing instrument was acknowledged before me this day of 2016 by as Manager ofAspen Stream LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public 3 C modified and amended, and shall be replaced and superseded by the revised as-built centerline Legal Description of the Trail Easement set forth on Exhibit "A" attached hereto. 2. Revised Location of Trail Easement. The approximate location ofthe Trail Easement as shown on the Original Plat and the original as-built location of the Trail Easement shown on Sheet 2 ofthe Second Amendment Plat is hereby modified and amended, and shall be replaced and superseded by the AmendedTrail Easement location described on Exhibit A and to be shown on the Third Amendment to Lot 1 of the Creektree Subdivision plat, a reduced draft copy of which is attached hereto as Exhibit "B". The Amended Trail Easement alignment described on Exhibit A shall take the place of the former trail alignments shown on the Original Plat and on Sheet 2 ofthe Second Amendment Plat, and the Third Amendment Plat, upon recording by Owner, shall serve as the map showing the as-built location of the Amended Trail Easement as it passes over and across the Property. 3. Citv's Release of Interest in Former Trail Location. To the extent any portions ofthe original Trail Easement are not included in the Amended Trail Easement, the City hereby releases, vacates, abandons, relinquishes and disclaims any interest in and to such areas that are not now part ofthis Amended Trail Easement. 4. Additional Terms and Provisions of Amended Trail Easement. a. The Amended Trail Easement shall be used for the installation, construction, operation, use, inspection, repair and maintenance ofa public trail suitable for bicyclists and pedestrians and for other similar non-motorized recreational purposes, over and across the Property. The Amended Trail Easement includes rights and privileges of the City necessary and incidental to the reasonable and proper use and operation ofthe Amended Trail Easement. b. The City agrees to use reasonable care in the construction and maintenance ofthe improvements within the Amended Trail Easement and agrees to avoid damage to Owner's adjacent land and improvements thereto, and further agrees to restore such adjacent land and improvements to their condition immediately prior to any trail construction, maintenance or repair activities. c. The rights and privileges of the City under the Amended Trail Easement are for surface uses only and are subject to those prior recorded easements, covenants, agreements and other matters ofrecord, as disclosed in Owner's title commitment provided to and accepted by City prior to recording of this Amended Trail Easement, together with Owner's right to maintain a driveway on and to travel over and across the Trail Easement for ingress and egress to and from Owner's residence on the Property and the Bay Street public right of way, in the location shown on the Third Amended Plat. d. The parties acknowledge that the Amended Trail Easement has been dedicated and shall be used for recreational purposes and open for use by the public for no charge in accordance with Colorado Revised Statues Section 33-41-101, et. seq. Accordingly, Owner has certain limits of liability associated with and arising from the fact that portions ofthe Property have been made available for recreational purposes. It is the express, stated intention of Owner 2 Â·Â· A/Efirel/kil.li ~ AMENDED TRAIL EASEMENT THIS AMENDED TRAIL EASEMENT (the "Amended Trail Easement") is made and entered into as ofthe day of , 2016 by and between ASPEN STREAM, LLC, a Colorado limited liability company ("Owner") and THE CITY OF ASPEN, a Colorado home rule municipality (the "City"). RECITALS OF FACT A. Owner is the owner of certain real property described as follows: Lot 1, Creektree Subdivision, according to the plat thereof recorded February 14, 1978 ill Plat Book 6 at Page 83 and the First Amended Plat Creektree Subdivision, recorded June 21,1995 in Plat Bok 37 at Page 54 and the Second Amendment to Creektree Subdivision Lot 1 recorded October 9,1999 in Plat Book 51 at Page 63 (the "Property"). B. Owner's predecessor in interest dedicated to the City a non-exclusive twenty foot (20') wide public trail easement for recreational purposes (the "Trail Easement"), as the same is shown and described on the original Creektree Subdivision plat (the 6'Original Plat"), as described above, and as described on the Second Amendment to the Creektree Subdivision Lot 1 plat, as described above (the "Second Amendment Plat"). C. Sheet 1 of the Original Plat sets forth the initial' dedication of the Trail Easement and it also shows the approximate location of the Trail Easement, prior to the construction of the trail surface. Sheet 1 of the Second Amendment Plat contains the original as-built legal description for the Trail Easement, and Sheet 2 of the Second Amendment Plat shows the original as-built location ofthe Trail Easement as it passes over and across the Property. D. The parties have mutually agreed to share in the cost of reconstructing the trail surface ofthe Trail Easement, which work has included relocating the Trail Easement, and changing the surface area of that portion ofthe Property burdened by the Trail Easement. As part of the trail teconstruction process, the parties have also agreed to enter into this Amended Trail Easement to create and dedicate a revised legal description for a non-exclusive twenty foot (20') wide Trail Easement and to establish the terms and conditions of its use. E. Owner desires to grant the Amended Trail Easement for the relocated trail and the City desires to release those portions of the Trail Easement that are not within the Amended Trail Easement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich is hereby expressly acknowledged, the parties agree as follows: 1. Revised Legal Description of Trail Easement . The original as-built legal description of the Trail Easement contained on Sheet 1 ofthe Second Amendment Plat is hereby 00 4 94 - 1%.1 9 4/ Mi i .4. , ..C . .tÂ·:*th , i f 0 1 - f \\ 1 i~44: i j- j I .. 1 It. 1 \0% i 7,79/ : s 1--:24-,m ~ \ . D.'~T - t. dfur#.0. 9 40/:-:==-ti Sm ...1. . Â·$' Â·-*.-â€¢ â€¢-Â· - 3 L rf!.0,0. r-t:Â£;; - & .......1 , LEGEND t- 453Â·.. i * 1- -/ -- Â·Â·Â· 1 , LANDSCAPING ON NORTH OR WEST ~ i. ''Â·' , T . .L-'.... A ..... '4 ' Â· SIDE OF TRAIL - RESPONSIBILITY OF 1 , 7-1 '1 1 4 THE TOWN OF ASPEN '2 1 1 4 -.--7 ' * 1 .,. r 2/T Il,$*01â€¢ct e. ~ 11'/ ' ' , ' 4,Â·â€¢' LANDSCAPING ON SOUTH OR EA5T M i '7,5. .1 .-Il , . .. ~ SIDE OFTRAIL- RESPONSIBILITYOF 11 10 e. THE OWNER 1 . ' + W'. ' ~~. 'fÂ·~ 2 - - ~ 1.11, t,~11~et.> ..~k~Il t~.- h,~ f~.f-~~ :, ~-,~ ~-~~~Â·1~1~~~ '-'-~NX *~ ....: % 9 2/ I "Illill~11 PROPOSEDTRAIL IMPROVEMENTS 855 BAY ST SEPTEMBER 2015 13 5 1 t. 64 m SECOND AMENDMENT TO CREEKTREE SUBDIVISION 1% fi LOT I â€ž ' - - . ' â‚¬ * .. I kF 4 ... 14 - â„¢DS PLA- AAâ‚¬NDS LOT ; ONLY 9 1 *{TM 4 /Â· Â» STREAM WARS,N REV,E* AND DEVE.OPMEWT PLAN FOR LOT 5 - . D >7.4 4 Â¥ - .H.. 94 <N* ..7- --- -- LE '* 8, , 1 12 1 49 1 . 0 ... i R et** , 14 ,-1 , 1 ~ ~eÂ¥ *4 g..... - *). - ... 4.. .. , . I ..6 - i f ,-\ Z -46-/-- --\+ friltl --*'. 0.* WeAW ... tâ€¢~,Â®,r N ..1 24Â» . k. I / '*- *efâ€¢ 2 eâ€¢* W . * I I ; ..0 i . -1 ' 44.3 i 4 / -1, i Â·Â·r I lt:j M 1 2 2 64,33/ / 4? / 4,*b Â· - D tf* I /<,~-%9;*~ft/~<*Â·f V r.1....4,--; , <f.i=. SC co. :g . â€¢84 -4:.r 14 44 444% .Â®**,y'* m .* .. 4 . I i -3,46. 3. '. if 4 -%* 4,4 > 8 *, Â¢ 4.Â§ / 4Â£ 3%4 Â£ 41 4 - 1~34 . 3/ .' * 8 8,6% â€ž6 .,- 1 .* 0. Â®EN W -42 i V % m. ..4 .3 *â‚¬, blt/*.. & I . lilli . p I-&43/ I ./ . ** " '4 ** P :e 444* 4 <, /./. t ~> ft,4... 31â‚¬.. 44<'' i N .Lk. h.*t. 4* .... t. ; 9 ./ -'22-4Â«7.. ./. t .C" - . â€ž. I ... ..,82 1.-lu - Ga ----- LA 1.4 ./. Â»rÂ· 1 ifu 1 1 0 3:< '' \24 - P =3 11- ..~e,1. 4 14 MP 164 411 - A *fli I ltvâ‚¬ ; 0 7/ 2 1 -Ak i , - i E+SE= MEFEEDEEM:Eha ~ .'el ....2*.' *uvyÂ»4#â€¢qb~Fs B.SI P.43 . lit 1< SECOND AMENDMENT TO CREEKTREE SUBDIVISION 1 LOT 1 THIS PL,AT AMENDS LOT 1 ONLY Wlr,4 STREAM MARG IN REVIEW AM) DEVELOPMENT PLAN FOR LOT 1 A.~ "$~ , . 0 .R W.... . .55 /6./).. . .. . I ./. #/.0 ... - e .44 h .1 #txÂ®% / 4â€¢*1>+ I 4& (30246 1 3. r....... '11 01 di0 *+M,0,66 .* ./ i [-./ Â·1 3/ I .~- ~t ./ ,-*D~/, 11-- 9 'Ul ,/Iltl://:tri/=:,=,;. .. 4:62:Â».0. :48*9:> STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) 00*ok>cr The foregoing instrument was acknowledged before me this 5 day ofâ‚¬015, by Ti,nothg Hurd as Manager on behalf of Aspen Stream LLC, a Colorado limited liability company. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 12/3/1 6 OFFICIAL SEAL CORRIE IMES 23- C j(t<D Notary Public - State of Illinois My Commission Expires Dec 3, 2016 023 Notary Public 4 4 4 M. A.u c[,a.Spr, Avi , 243 c.Â¢9/b Address Exhibits: Exhibit A - Second Amendment to Creektree Subdivision Lot 1 (Rec. No. 436714) Exhibit B - 855 Bay Street - Conceptual Trail Layout Study, April 2015 Exhibit C - Relocated Trail Easement Exhibit D-Areas of Cost Responsibilities Superimposed on Oklahoma Flats Trail Survey, Sopris Engineering, LLC, August 2015 Exhibit E - Good Faith Estimate of Remaining Design Work, DHM Design 8098580_3 [7] may result from the City's or any third party's acts or omissions covering and including, but not by way of limitation, the installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of the trail or attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of City's rights under the Colorado Governmental Immunity Act, as provided in Section 24-10-101, M seq., C.R.S., nor shall anything herein limit or constitute a waiver of Owner's rights and privileges under Section 33-41-101, f. sea., C.R.S., pertaining to the limits of a landowner's liability arising from lands made available for recreational purposes. 20. If any action at law or in equity shall be brought to recover any costs under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs reasonable attorneys' fee, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 21. This Agreement may be changed or modified only in writing by an agreement approved and signed by the parties. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and year above first given. OWNER: ASPEN STREAM LLC Manager l,/ CITY: Attest: CITY OF ASPEN, a Colorado home rule municipali* U L.,cil By: , â€ž Ul.LU& rÂ·Â·,8/MUVUe, Linda Manning, City Clerk [6] shall be responsible for the entire construction and permitting costs for those portions ofthe Oklahoma Flats Trail located outside of the Property, including costs associated with the relocation and reconstruction of the trail on lands owned by third parties located between Gibson Avenue and the Property. 14. The City shall direct the City's general contractor to invoice Owner monthly, throughout the duration ofthe construction of the trail, for Owner's costs associated with construction and Owner agrees to pay such invoices within fifteen days of receipt of such invoices. 15. The City shall not be responsible for the permitting or the construction of Owner's building improvements on the Property which are outside of the scope ofthis Agreement. 16. In connection with the work to be performed under this Agreement, the parties agree to use reasonable care in construction ofimprovements within the area of the Trail Easement, and agree to avoid damage to the surrounding land and improvements thereto, and further agree to restore such land and improvements to their condition immediately prior to any construction, improvements or repairs to the trail. 17. Owner shall apply for and obtain, at Owner's sole expense, a Permanent Right of Way Encroachment permit for the portions o f the driveway, snowmelt system, earthworks, and landscaping located in the Bay Street right of way and outside of the Property's boundaries, as shown on Exhibit B. 18. It is the express, stated intention ofthe parties that all construction work covered by this Agreement shall be commenced no later than April 1, 2016 and be substantially completed by June 30,2016. In the event acts of nature such as inclement weather prevent commencement of work by April 1,2016, the parties shall utilize best efforts to schedule a commencement date as soon as practicable thereafter, but in no event shall commencement of work be delayed past April 15,2016. In the event the project is not fully permitted by April l, 2016, both parties reserve the right, in each party's sole discretion, to terminate this Agreement by providing ten days advance written notice to the other party. In the event of termination, the parties shall provide each other with a final accounting of all expenses incurred through the date oftermination, and the parties shall be responsible for promptly paying their respective shares of such expenses as set forth above. In the event of a termination under this Paragraph 18, the City will nevertheless have a reserved right to construct the new trail alignment in the future at the City's sole cost, but subject to and governed by the provisions contained in Paragraph 9, above, other than the cost reimbursement requirement. 19. It is the intention ofthe parties to make those portions of the Property covered by the Trail Easement available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might othenvise be liable under api)licable state statutes, City hereby agrees, to the extent permitted by law, to indemnify and hold Owner harmless from and against claims or awards for loss, damage or any liability including reasonable attorneys' fees and costs, which . [5] for and to construct the new trail alignment at any time in the future, but at the City's sole cost and expense, without any financial contributions from Owner; provided, however, that the City shall be required to obtain Owner's express written consent to any deviations or changes in the trail alignment or design that were agreed upon by Owner and the City. In the event the City proceeds to construct the new trail alignment, after coming to an agreement with Owner on a new trail alignment as describdd above, Owner agrees that the provisions of Paragraph 2 shall continue to apply and remain in effect. 10. Owner agrees that any and alllandscaping or grading within the Bay Street public right-of-way shall be designed and constructed in accordance with the Aspen Municipal Code and Land Use Regulations and with the approval and collaboration of the City of Aspen Parks and Open Space Department and the City Forester. The City of Aspen Parks and Open Space Department shall use best effort to include City ofAspen Engineering Department staff in the design approval process. The parties acknowledge that the primary design intent for the landscaping associated with this project is to create a safer and moiv aesthetic trail experience for recreational trail users. 11. As soon as practicable after approval ofthe final design as contemplated in - paragraph 9 above, the City, in consultation with Owner, will prepare a Request for Proposal, or Invitation to Bid, in order to contract for trail construction and hire a contractor for trail construction in accordance with the City's applicable procurement requirements. The contract shall include all earthmoving activities, drainage improvements, landscape designs and landscape installations necessary for the construction of the improved trail as depicted on Exhibit D, excepting those portions ofthe driveway and other improvements that are Owner's sole responsibility. Owner is responsible for contracting all areas ofwork that are Owner's sole responsibility. 12Â® Upon completion and mutual approval of the designs for the work, Owner and the City shall each pay one-halfofthe construction and permitting costs on the portion of the Oklahoma Flats Trail within the Property shown in Exhibit D, except that Owner shall be solely responsible for the construction costs associated with relocating the existing driveway serving the Property, as well as any snowmelt for the driveway. Owner shall also be solely responsible for the construction costs ofthe Accessory Dwelling Unit parking space for the Property. The areas delineating Owner's sole responsibility are shown and described on Exhibit D. 13. The City and Owner estimate that preliminary construction costs and design fees forthe entire project, inclusive of those portions ofthe traillocated on lands owned by third parties, are currently in the range of $300,000 to $450,000, with the variability being primarily attributable to pending drainage requirements and final retaining wall material selection and design. Exhibit D summarizes areas of each party's financial responsibilities for the project. As noted on Exhibit E, the maximum amount Owner shall be required to pay for trail realignment and construction costs for that portion of the Oklahoma Flats Trail located on the Property shall not exceed 50% ofthe shared costs or $125,000 plus design fees, (but not including other, non- shared costs which are solely at Owner's expense), whichever is less. The total project cost to Owner, inclusive of the design and permit fees outlined on Exhibit E, together with design fees previously incurred by Owner, is therefore estimated to be approximately $250,000. The City . [4] 4 6. Own6r agrees that Sopris Engineering's work and DHM Design's work for Owner on the realignment, relocation and design of the Oklahoma Flats Trail prior to the execution ofthis Agreement may be used by the City for the purposes of, but not limited to, creating, drafting, designing, planning, and permitting the final design of the entire Oklahoma Flats Trail. 7. City shall apply for any and all permits necessary for the construction identified herein relative to the realignment of the Oklahoma Flats Trail through the Property as illustrated in Exhibit B, and shall provide Owner with copies ofall permit application materials. The parties acknowledge the need to achieve timely agreement on the final design of the trail realignment in order to meet the permit application schedule and construction commencement objectives described in paragraph 18 below. The estimated costs and expenses of permit preparation, submittal and procurement shall be shared equally between the parties as estimated in Exhibit E. The permits associated with the realignment of the driveway serving the Property, and all landscape or construction matters on the Property outside o f the trail corridor shall be prepared and paid for solely by the Owner. 8. Owner and the City agree that Sopris Engineering and DHM Design shall be responsible for the survey, design and managing all work associated with the preparation of the Oklahoma Flats Trail permit packet, including but not limited to the following: conceptual plan studies, grading plans, illustrations, construction plans that are required for Landscape and Grading Permits, a Permanent Right of Way Encroachment Permit for the driveway, a storm water permit, or any other permit as required by the City of Aspen. Sopris Engineering and DHM Design shall invoice Owner and the City on a monthly basis for each party's share of the costs of such work. 9. Owner and the City agree that the final trail design for the Oklahoma Flats Trail as it traverses Owner's Property shall be mutually agreeable to the parties herein. Owner and the City of Aspen Parks and Open Space Department must approve the design at 50%, 90%, and 100% design levels, in writing, prior to permit application submission, and in no event later than December 1, 2015. In the event Owner and the City do not achieve mutual approval ofthe trail design at the 50%, 90% or 100% design levels by December 1, 2015, then either party may terminate this Agreement by providing written notice to the other, whereupon this Agreement shall no longer be in force or effect, and each party shall pay its share of design costs and expenses incurred through such termination. Any changes in the final trail design and specifications for the trail as it traverses the Property made necessary during the permit review process or during the course of construction shall be subject to the mutual written approval of Owner and the City. Notwithstanding the foregoing, the City also reserves the right to unilaterally terminate this Agreement (an "Early Termination") at any time on or before January 1, 2016 in the event the City, in its sole discretion, determines that circumstances beyond the City's control will prevent the City from meeting the City's overall trail realignment goals or the permit application and construction commencement objectives described in paragraph 18 below. In the event of an Early Termination, the City shall reimburse Owner for all design fees and related costs and expenses incurred by Owner from the effective date of this Agreement through and including the Early Termination. Further, to the extent the City and Owner come to an Agreement on a trail alignment design, the City shall have the reserved right to obtain pennits I3] rns . 0 Golm Faith Estimate of Remaining Design Work OKLAHOMA FLATS TRAIL PROJECT DHM Design Title Rate Hours Total Design Development on Allen Property â€¢ Conceptual Design and grading for Trail on Allen Property â€¢ Team meeting to review and refine design concept5 â€¢ Preliminary CAD Site Materials Plan Ecological Principal $150 12 $ 1,800.00 â€¢ Preliminary Tree Removal Plan Associate $110 20 $ 2,200.00 â€¢ Preliminary Tree Mitigation Planting Plan Designer $85 20 S 1,700.00 Task Sub-Total $ 5,700.00 Design Development on Aspen Stream LLC Propetty â€¢ Conceptual Design and grading for Trail on Creek Tree Lot 1 property â€¢ Team meeting to review and refine design concepts â€¢ Preliminary CAD site & materials Plan Ecological Principal $150 12 5 1,800.00 â€¢ Preliminary Tree Removal Plan Associate $110 20 S 2,200.00 â€¢ Preliminary Tree Mitigation Planting Plan Designer 585 32 S 2,720.00 Task Sub-Total $ 6,720.00 Stream Margin Review Submittal â€¢ Stream margin review permit application â€¢ Team coordination and submittal of documentation to City. Ecological Principal $150 16 5 2,400.00 â€¢ Follow up coordination and revisions based on feedback from reviewing departments Associate $110 40 $ 4,400.00 Task Sub-Total $ 6,800.00 Permit Submittal - Allen Property â€¢ Site survey of trees to be removed, arboricultural analysis, tree removal plan, and tree value spreadsheet â€¢ Tree mitigation planting plan â€¢ Site Materials Plan Ecological Principal $150 8$ 1,200.00 â€¢ Design coordination with City of Aspen Associate $110 20 $ 2,200.00 â€¢ Permit submittal coordination including any clarification requests from reviewing depar'tments. Designer $85 32 $ 2.720.00 Natural Resource Coordinator 585 8$ 680.00 $ 6,800.00 Permit Submittal - Aspen Stream LLC â€¢ Site survey of trees to be removed, arboricultural analysis, tree removal plan, and tree value spreadsheet, â€¢ Tree mitigation planting plan Ecological Principal $150 16 $ 2,400.00 â€¢ Site Materials Plan Associate $110 40 $ 4,400.00 â€¢ Design coordination with City of Aspen Designer S85 40 $ 3,400.00 â€¢ Permit submittal coordination including any clarification requests from reviewing departments Natural Resource Coordinator $85 16 $ 1,360.00 Task Sub-Total S 11,560.00 100% Construction Documents - Allen Property â€¢ Site Materials Plan â€¢ Annotated Planting Plan/ Plant list. Ecological Principal $150 12 $ 1,800.00 â€¢ Planting Details. Associate 5110 16 $ 1,760.00 â€¢ Project Team Coordination Designer $85 24 $ 2,040.00 Task Sub-Total $ 5,600.00 ... 100% ~struction Documents. Aspen Stream LLC â€¢ Site Materials Plan â€¢ Annotated Planting Plan/ Plant list, Ecological Principal $150 16 $ 2,400.00 â€¢ Planting Details Associate $110 24 $ 2,640.00 â€¢ Project Team Coordination Designer $85 40 $ 3,400,00 Task Sub-Total $ 8,440.00 Design Contingency â€¢ Contingency to cover any unintended permit or construction delays requiring any additional design or expanded time frame. â€¢ Additional public meetings and any public process. Task Sub-Total $5,000 DESIGN ESMMATE TOTAL- DHM $56,620 Good Faith Estimate of Remaining Design Work Sopris Engineering Stream Margin Review Submittal $ 4,000,00 Major Drainage Study $ 22,500.00 Permit and Construction Documents for Trail Project- Allen Property $ 8 50000 Permit and Construction Documents for Trail Project- Creek Tree Lot 1 Property $ 15,500.00 DESIGN ESTIMATE TOTAL-Sopris Engineering $50,500.00 DESIGN ESTIMATE TOTAL (Combined) $107,120 MTma ~ ~- .Oklahoma Flats Trail Improvements Civil & Structural Fee Estimates Stream Margin Review Application: A Stream Margin Review applies to all development within 100-ft, measured horizontally, from the high water line of the Roaring Fork River. SE assumes that the proposed improvements: â€¢ will not alter any river or stream courses â€¢ will not be any closer to the high water line than currently exists â€¢ will not cause an increase in grades within 100-ft of the high water line. SE anticipates that a pre-design meeting with City Staff will be required to better understand the overall requirements for all improvements proposed within the Stream Margin Review Area. In addition, SE will provide support to the design team to develop site sections showing all existing and proposed site elements, existing and previously platted top of slope and pertinent elevations associated with the Roaring Fork River. Stream Margin Total Fee Estimate: $4,000 Permit & Construction Drawings: SE will prepare permit drawings in support of the trail improvements as well as the associated onsite driveway improvements. This scope also includes addressing comments generated through City's review process to develop final Construction Drawings. Below is a breakout of the drawings that will be provided for Permit Submittal as well as Construction Drawings: â€¢ Grading Plan: The Grading Plan will include critical spot elevations, 1' contour intervals, top of wall and bottom of wall elevations and benchmark information in support of trail and associated onsite driveway improvements. â€¢ Erosion Control Plan: This plan will illustrate typical construction BMPs to include sediment control logs, silt fence and inlet protection. It will ultimately be the contractor's responsibility to prepare and provide a Construction Management Plan that outlines all BMPs that will be required to ensure â€¢ Plan & Profile of Trail â€¢ Trail Cross Sections â€¢ Stormwater Mitigation Plan â€¢ Structural Design and Plans for Trail Retaining Walls Allen Property Trail Improvements (375+1-ft): $8,500 Onsite Trail & Driveway Improvements (410+/-): $15,500 Permit Documents Total Fee Estimate $24,000 Maior Drainaqe Study to include all work associated with trail, driveway improvements and rear patio improvements. Maior Drainaqe Study Total Fee Estimate $22,500 Working in the City of Aspen can be challenging and this particular project certainly offers some challenging elements as it pertains to stormwater mitigation and proximity to the Roaring Fork River. In E addition, without fully understanding the limits of structural retaining walls that will be required for the Trail Improvements the above fee ranges are the best that we can estimate. It should also be noted that all reimbursable expenses are included within each scope outlined above. Services Not Included Services not included as part of this fee estimate include any field surveying, public outreach/meetings, construction staking, soil or geological investigations, plat amendments, tree mitigation, HOA approvals/meetings, environmental studies, landscaping, debris flow studies, base flood elevation studies, or any other special or unusual requirements. RECEIVED JAN 2 0 2016 Cll Y Or ASPEN COMMUNITY DEVELOPMENT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 429.2741 DATE: December 10, 2015 PROJECT: Oklahoma Flats Trail TYPE OF APPLICATION: Stream Margin Exemption DESCRIPTION: The City is replacing the Oklahoma Flats Trail. The project will include realignment of the trail, the replacement of the trail surface and various structural elements. Public trails may be permitted via a Stream Margin Exemption request which is reviewed administratively; however, applicant must show that the project plan, "to the extent practical," complies with the stream margin review standards. Depending on the outcome of the request an appeal of a determination may be reviewed by the Planning and Zoning Commission. Relevant Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.040 Environmentally Sensitive Areas - Stream Margin 26.435.040 B. Exemptions 26.435.040 C. Stream Margin Review Standards Below is a link to the Land Use application Form. http://www.aspenpitkin.com/Portals/0/docs/Citv/Comdev/Apps%20and%20Fees/2011%20Ian d%20use%20app%20form.pdf Below is a link to the City of Aspen Land Use Code. http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Title-26-Land-Use-Code/ Review by: Community Development Staff Public Hearing: None Planning Fees: $1,300.00 Deposit for administrative review. Additional time over four (4) hours will be billed at $325 per hour. Referrals & Fees: $650 for Parks Department (flat fee) and $275/hour for Engineering Review (deposit is taken for 1 hour of work. All additional hours are billed at $275 per hour) Total Deposit: $2,225.00 Total Number of Application Copies: 2, plus 1 set of full size plans To apply, submit the following information: 7 Completed Land Use Application and signed fee agreement. ASLU Stream Margin Exemption Oklahoma Flats Trail 273707350001 1 W1 Pre-application Conference Summary (this document). 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company; an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Â® Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 0 HOA Compliance form. 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. I A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. 31 Written responses to all review criteria outlined in section 26.435.040 C. M) An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. El 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 2 Copies of the complete application packet and, if applicable, associated drawings. m Total deposit for review of the application. m A digital copy of the application provided in pdf file format. 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. HOLLAND&HART ~ Thomas J. Todd Phone (970) 925-3476 ; %3*2'Â·4%12 Fax (970) 925-9367 ttodd@hollandhart,com December 8,2015 Ms. Hillary Seminick Community Development Department City of Aspen 130 S. Galena Aspen, Colorado 81611 Re: Development Application for Stream Margin Review Involving Realignment of Public Trail on Lot 1, Creektree Subdivision. also known as 855 Bay Street. Aspen Colorado 81611 Dear Hillary: Holland & Hart represents Aspen Stream LLC and we have been requested to provide you with this letter as part of the above referenced Application, the purpose of which is to seek a realignment of the public trail located on Lot 1 of the Crecktrec Subdivision (the "Property") and to seek stream margin exemption for this work. The undersigned, an attorney ] icensed in the State of Colorado, hereby informs you that the record owner of the Property is Aspen Stream LLC, a Colorado limited liability company. Aspen Stream LLC has full right, power and authority to apply for this Development Application. The complete legal description of the Property is as follows: Lot 1, Crecktrec Subdivision according to the Plat thereof recorded February 14, 1978 in Plat Book 6 at Page 83 and the First Amendment Plat of the Creektree Subdivision, recorded June 21. 1995 in Plat Book 37 at Page 54 and the Second Amendment to Creektree Subdivision Lot 1 recorded October 9, 1999 in Plat Book 51 at Page 63. Title to the Properly is subject to the liens, encumbrances, easements, contracts and agreements listed on Exhibit "A" attached hereto. Please contact the undersigned ifyou have any questions or need additional information. Sincerely, 0 01=Â»F 61-homas J. Todd of Holland & Hart LLP TJT/sm Attachment cc: Aspen Stream LLC Holland & Hart up Attorneys at Law Phone (970) 925 3476 Fax (970) 925 9367 www.hollandhartcom 600 East Main Street, Suite 104 Aspen, CO 81611-1991 Aspen Billrngs Boise Boulder Carson City Cheyenne Colorado Spring5 Denver Denver Tech Center Jackeon Hole Las Vegas Reno Sall Lake City Santa Fe Washligton, D.C. EXHIBIT "A" List of Lions, Encumbrances, Easements, Contracts and Agreements (Note: All recording information is based on the Pitkin County, State of Colorado real property records.) 1 Taxes and assessments for the year 2015 and subsequent years only, a lien not yet due or payable. 2. Reservations and exceptions contained in the U. S. Patent recorded in Book 39 at Page 136. 3. Terms and conditions of easements granted in documents recorded in Book 244 at Page 683 and in Book 244 at Page 686. 4. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded February 14, 1978 in Book 343 at Page 534. 5. Easements, rights of way and all matters as disclosed on Plats recorded on February 14, 1978 in Plat Book 6 at Page 83, on June 21, 1995 in Plat Book 37 at Page 54 and on October 4,1999 in Plat Book 51 at Page 63. 6. Terms, conditions, provisions and obligations as set forth in Amendment to Development Agreement recorded June 21, 1995 in Book 784 at Page 123. 7. Terms, conditions, provisions and obligations as set forth in Grant of Fishing Easement recorded June 21,1995 in Book 784 at Page 128. 8. Terms, conditions, provisions and obligations as set forth in City of Aspen City Council Resolution No. 99-08 recorded June 21, 1999 as Reception No. 432443. 9. Terms, conditions, provisions and obligations set forth in Public Improvements Agreement recorded October 25,1999 as Reception No. 436996. 10. Terms, conditions, provisions and obligations set forth in Sidewalk, Curb and Gutter Improvement Agreement recorded October 25, 1999 as Reception No. 436997. 11. Terms, conditions, provisions and obligations set forth in City of Aspen City Council Resolution No. 99-12 recorded December 15,1999 as Reception No. 438593. 12. Deed of Trust from Aspen Stream LLC to the Public Trustee of Pitkin County, Colorado for the use of J.P. Morgan Chase Bank, N. A. to secure an original amount of indebtedness of $8,000,000, recorded April 17,2014 as Reception No. 609545. 13. Deed of Trust from Aspen Stream LLC to the Public Trustee of Pitkin County, Colorado for the benefit of J.P. Morgan Chase Bank, N. A. to secure an original amount of indebtedness of $2,300,000, recorded July 30,2014 as Reception No. 612184. 7752558 2 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies, The certification must be signed by the property owner or Attornev representing the property owner. Name: A--gy) (Flfeam gtg- 4 IÂ·Â·95 j.-,-Â£74 19%044Â«- Ak/f Property AM. Owner ( i b Email: Phone No.: (31% 6-33-4802 Address of Property: FIT- 8>iÂ« :54 Uot -Rof- 14 6 8 jiq I certifyas follows: (pid< one) f This property is not subject to a homeowners association or other form of private covenant. E This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenant~or homeowner association rules or bylaws. I understand that this document is a public document. ~ ~ owner signature: CIL~ 3 1-Â·-0 4 date: /13724 Owner printed name: hopOSS * 4-44 4-7~ -~ or, Attorney signature: date: Attorney printed name: r-,7-1,79-D 1'4-drao 3 Â¥ 6. DFC 1 8 2015 CITY OF ASPEN CON.1, STY COELOPhENT <~ 41 4E+P THE Cin' or ASPEN Community Development Department Internal Funds Transfer F -* Coc>~005 1 Date: 17.~11 ~16.10 Department: YAW,(5 Sent Â·E Amount Requested: 1125-- Account Number: l 60 91 9406 1 %600 1 Tua Lie 1- Permit Number: ~ f) 007Â·20 16Â·Ag-U A SUJ Permit Address: D LELA-148.,WA- y.Â£153 -TE.. Permit Description: 91*BAm /MAÂ·#4 1 1 b(00.,Tl a J Requested By: MATE AAft) Received By: ~~:2~~.#760~~-- RETAIN -OR habg! Â¥ LU ...A : Ltb nFr 1 8 20!5 CITY OF ASPEN '- 4?61 Fee Waiver ReqU@ st Fbriffl,ENT 0007 4 2-0 1 6.ASL U City of Aspen THE CrrY OF A~PEN Community Development Department This form must be submitted to the Community Development Director. You will be notified when a decision has been made. For what fees are you requesting waiver? E BUILDING 1~ PLANNING Applicant Name: /MA-TE KiÂ®H-~ contact ph.# 929-2035 Department or Mailing address: ~RÂ¢46.5 PEPT, E-mail address: ~-0. ~cul- A 611 0#43/4 Â· Â£644 Project address: 0/6-L-Atta bviA ILAri-3 1*t/L- Project description: RE- DS 144 11 6,051Â¥Â£Â«T'laÂ·.1 â€¢~ 1,1,fAÂ·I,Â£3 -lk.~iL Fee Breakdown: ofÂ«.. Â· **5 ..::**t:3%43. BUILDING & PLANNING FEES Requested Requested Fee Description Fee Amount Fee Description Fee Amount Waiver Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee 01380 - 54 0254 Permit Fee HPC Application Fee Plan Check Other: EAUS AEC therr. i --. ., /*416698 ) Total of Request: $-~ - Reason for Waiver: 656 - Clptv General Fund Department - 100% waiver E city Capital or Other Department - 50% waiver 01 Waived or decreased by City Council (please provide documentation) U Other - Please explain with attached letter of request .-S22___ 1-24 n fge,5- Applicant Signature Date For office use only: ~APPROVED E DISAPPROVED Total fees waived: $ Â·~03>D 4 jivÂ»(91-Â«\ I Da~/fl>/1 (57 Junity Dev~nient Director RETAT FOR PFP.9 41. en . re mi D 'Ue COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property city of Aspen Parks Department Phone No.: (970)429-2035 Owner Cl") Email: matt.kuh<@cityofaspen.corn Address of Oklahoma Flats Trail Billing 585 Cemetery Lane Address Property: 855 Bay Street (subject of ~ Aspen, CO 81611 application) Aspen Colorado (send bills here) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-reftjndable. $4,400_jO'&~k:u *~,Administrative Review -u -.-4 -roo . Parks 'flat fee for , flat fee fy 0 Select Review $ flat fee for . $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services, I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded f Qisti exceed the initial deposit, I agree to pay additional monthly billings to the City to reimbul*e the City for the 1*1<:2=:mt h .UD processing of my applicat)01 at the hourlv rates hereinafter stated. 1,300 e 50% WA,-4 615.0.66 ,En 1 0 onic $ deposit for hours of Community Development Department staff time. Additional tifhd u l,J above the deposit amount will be billed at $325 per hour. CITY OF ASPEN $275 1 deposit for hours of Engineering Department staff time. Additional tirrGGEJUelbEE, ELOPMNI deposit amount will be billed at $275 per hour. EA 56Â·7vUE*Jr 140 LPEf2- City of Aspen: -Property Gwner:- a rf 4. 4% 903 -----7 2 Chris Bendon Community Development Director Name: /1/!81) R.U,ltd City Use: 2225.00 Received: $ 425~ ~~ Title: - i 2-4 1 25 MARAGÂ·Flz_ Fees Due: $ January 2015 City of Aspen I 130 S. Galena St. I (970) 920-5090 COMMUNITY DEVELOPMENT DEPARTMENT .. Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pav Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. January 2015 City of Aspen I 130 S. Galena St. I (970) 920-5090 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: January 19.2016 Dear City of Aspen Land Use Review Applicant. We have received your land use application for Oklahoma Flats Trail - Stream Margin Exemption and reviewed it for completeness. 1 Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 21 Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. â€¢ One additional and complete hard copy of the application â€¢ One electronic copy. in PDF format to [lillary.seminick(*citvofaspen.com â€¢ Fee deposit of $2.225.00. checks payable to City of Aspen Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. T} 2 You, rn I,fillar)~07,ini4k, Planner Cit%01Â£2*kniommunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_X_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes- No_*_ Commercial E.P.F. Lodging THE CITY oF AspEN Land Use Application Determination of Completeness Date: December 29,2015 Dear City of Aspen Land Use Review Applicant. We have received your land use application for Oklahoma Flats Trail - Stream Margin Exemption and reviewed it for completeness. ~i~ Your Land Use Application is incomplete: / Please submit the following missing submission items. 1. Site improvement survey a. Needs to be recent (no older than a year) and full-size / 2. All plans shall clearly depict: a. Stream Margin Review Area (the area of the project that is subject to review) / b. 100 year Floodplain/ c. Top of bank (the top o f bank should be confirmed with COA engineering) 4 d. 15' from top of bank j 3. Plans depicting changes to the trail - show extent of retaining wall replacement, a plan / view of the proposed retaining wall, construction limits. Help us understand what is being done, inclusive of any grading, in the review area. 4. Photos ofthe existing wall would be helpful to understanding the current conditions. 4 5. Project narrative should clearly describe what is being requested in the stream marginÂ«/ review area. While the background information is helpful, the focus should be on what is happening with the trail in the stream margin review area. Describe what is being removed. what is being replaced. dimensions, etc. within the review area. These are two distinct land use applications, not landscaping and grading permits. Please be clear as to what project is in each application. The project narrative should also include the construction techniques. 6. Review criteria needs improvement a. 26.435.040.B.2 Although the boundaries have not been provided, the trail is clearly within the no development area. This criterion should speak to the improvements in this area and exactly what is proposed in this area and how the project meets the criteria to the extent practical. b. C.1 Although the 100 year flood plain is absent from the plans, it appears there may be improvements in this area. The 100 year floodplain and the improvements should be depicted clearly and the criteria should accurately address any improvements in this area or demonstrate there are no impacts to the floodplain. c. C.3 This is not a sufficient reply. Please discuss if there is cut/fill, disturbed vegetation, etc. d. C.4 This criteria needs to address the trail improvements and their construction techniques within the stream margin review area and no development areas. e. C.7 Please provide proo f the project is not within the floodplain. f. C.8 The reply is not correct. Although there are no drawings to support this. there are clearly improvements within the 15' setback. Please address this criteria in relationship to the improvements in this area. g. C.9 This is not correct. The trail likely spans the 15' setback and extends into the progressive height limitation. Please address this criteria adequately and whether there are existing improvements in this area and i f they are changing. and whether they are below the height allowances. h. C.11 An improvement survey is not a wetland delineation. Are there wetlands? Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tl~Dk You, 6000-34*L~ 3Fnnifer ~111lan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No >C- Subdivision, or PD (creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes Ng,~~7- Commercial E.P.F. Lodging