HomeMy WebLinkAboutresolution.council.020-95
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RESOLUTION NO. 2 ()
series of 1995--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A SETTLEMENT AGREEMENT IN THE MATTER OF THE APPLICATIONS
OF HINES HIGHLANDS LIMITED PARTNERSHIP. et al., CASE NOS. 93 CW 322
& 93 CW 323 IN THE DISTRICT COURT FOR WATER DIVISION NO.5, STATE
OF COLORADO, AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE SUCH
STIPULATIONS AS MAY BE NECESSARY OR APPROPRIATE TO IMPLEMENT SAID
SETTLEMENT AGREEMENT ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, the Office of the city Attorney presented an
Agreement to City Council in the matter of The Applications of
Hines Hiqhlands Limited Partnership. et al., which Agreement is
attached hereto and incorporated herein by this reference, wherein
the city has agreed to withdraw its statements of opposition filed
in the referenced action; and,
WHEREAS, the City Council desires to approve said Agreement
and authorize the City Attorney to execute such other and further
stipulations and pleadings as may be necessary to implement the
terms of said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
section 1.
That the Agreement attached hereto and incorporated herein by
this reference, in the matter of the Applications of Hines
Hiqhlands Limited Partnership. et al., Case nos. 93 CW 322 & 93 CW
323 in the District Court for Water Division No.5, State of
Colorado, is hereby approved; and, the Mayor of the city of Asepn
is authorized to execute said Agreement on behalf of the city. The
city Attorney is authorized to execute such stipulations or other
documents as may be necessary or prudent to implement the terms of
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said Agreement.
INTRODUCED, READ AND ADOPTED
by the City Council
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~ 7r
, 1995.
of the City
,
of Aspen on the ~
day of
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John s. Bennett, Mayor
I, Kathryn S. Koch, 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 of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, city Clerk
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AGREEMENT
This Agreement is entered into as of ~~!!f), 1995,
between Hines Highlands Limited Partnership and Aspen Highlands
Mountain Limited Liability Company (collectively referred to in
this Agreement as "Highlands") and the City of Aspen ("Aspen").
WITNESSETH:
WHEREAS, Highlands is the successor in interest to the
Aspen Highlands Skiing corporation which entered into an
agreement on March 23, 1981, with Aspen, recorded in Book 407 at
Page 651, Pitkin county Records, ("1981 Highlands Agreement")
concerning the provision of 1.0 cfs of raw water to Highlands
through the Maroon Creek Pipeline and the delivery of 4.5 cfs of
Highlands' Stein-Arlian and Marolt Ditch or other water rights of
Highlands through the Maroon Creek Pipeline to property owned by
Highlands;
WHEREAS, Highlands is a customer of the Highlands Water and
sanitation District ("District");
WHEREAS, Aspen and the District are parties to an agreement
dated March 23, 1981, recorded in Book 407 at Page 665, Pitkin
County Records, ("1981 District Agreement");
WHEREAS, Highlands has applied for water rights, exchange and
plan for augmentation in Case No. 93CW322 (Consolidated with Case
No. 93CW323), now pending in the Water court, Water Division 5,
State of Colorado ("ConSOlidated Case") whereby the water rights,
exchange and plan for augmentation applied for are to be used to
provide a water supply to Highlands' Project, as defined in
Exhibit A hereto;
WHEREAS, the appropriations sought to be confirmed in the
Consolidated Case will divert water from Maroon Creek, and the
exchange and plan for augmentation affect Maroon Creek, the Roaring
Fork River, and the Colorado River;
WHEREAS, Aspen has filed Statements of Opposition in the
Consolidated Case; and
WHEREAS, in this Agreement, the parties wish to provide
alternative methods whereby Highlands can obtain a water supply for
its Project, and at the same time protect senior decreed water
rights, including without limitation the decreed minimum
streamf lows in Maroon Creek, the Roar ing Fork River, and the
Colorado River and the parties desire to address implementation
issues in the 1981 Highlands Agreement and the 1981 District
Agreement or, in the alternative, to amend or supersede the same as
provided herein.
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NOW THEREFORE,
agreements set forth
follows:
in consideration of the covenants and
herein, the parties covenant and agree as
I. GENERAL PROVISIONS
1. The parties agree that water service may be provided to
the Project pursuant to (1) a new Water Service Agreement which
provides for potable water service and raw water for Project
purposes from the City of Aspen consistent with the provisions set
forth herein ("option 1"); (2) a new Raw Water Agreement which
provides for raw water for Project purposes from the City of Aspen
consistent with the provisions set forth herein ("option 2"); or
(3) an independent system as described in this Agreement
("Option 3"). Highlands agrees that, if the District enters irito
a Water service Agreement prior to or at the time of Highlands'
submission of its Detailed Submission for the base village portion
of the Project to Pitkin County, consistent with Aspen's current
ordinances and policies and the terms of this Agreement, and
acceptable to t~e parties thereto, it will first elect Option 1; if
option 1 is not available, it will elect option 2; and it will
elect Option 3 if neither option 1 nor option 2 is available.
2. Regardless of whether water service is provided to
Highlands pursuant to option 1, option 2, or option 3, the parties
agree that Aspen's Maroon Municipal Intake will be reconstructed as
herein provided in section II, that the stream monitoring program
as herein provided in section III will be undertaken, and that a
decree containing terms and conditions no less restrictive than
those set forth in section VII of this Agreement may be entered in
the Consolidated Case.
II. RECONSTRUCTION OF MAROON MUNICIPAL INTAKE
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3. Aspen shall reconstruct its Maroon Creek Municipal Intake
("Intake") so that it will be part of a measurement and reporting
program capable of continuously measuring, on a real time basis,
data on diversions, bypasses and releases at .the Intake. The
Intake shall be constructed in a way that will enable Aspen to
divert and transport its own water rights, (including 1.0 cfsof
its own water rights to be delivered to Highlands at the Jones
Drawoff or other mutually agreeable location). In addition, the
Intake shall be constructed so as to transport to the Jones Drawoff
or other mutually agreeable location an additional 4.5 cfs of water
owned by Highlands or 4.5 cfs of water owned by Aspen if Highlands'
water rights are conveyed to Aspen pursuant to this Agreement. The
Intake shall also be reconstructed so as to permit continuous
withdrawal and immediate release to Maroon Creek of the Colorado
Water Conservation Board's decreed minimum streamflow of 14.0 cfs
for Maroon Creek ("decreed minimum streamflow").
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4. The parties acknowledge and agree that title to and
ownership of the Intake is and shall at all times remain in Aspen
and that Aspen shall be responsible for its continued operation,
maintenance, repair and replacement.
5. Aspen shall design a reconstruction of the Intake to meet
the requirements of Paragraph 3 above in an effective, cost-
efficient manner, and shall obtain bids for its construction.
Aspen will be 'responsible for reviewing bids, selecting
contractors, and overseeing reconstruction ,of the Intake.
Highlands shall have an opportunity to review the designs, and its
input will be considered. However, Aspen shall make the final
decisions regarding design criteria, construction specifications,
and contractors. Aspen will make such decisions in a professional
manner, with due ,consideration for reasonable costs.
6. Highlands shall be responsible for 22% of all costs of
design and original reconstruction of the Intake, up to a maximum
of $15,000.
7. Aspen shall use its best efforts to complete
reconstruction of the Intake as provided herein by the earlier of
(1) November 1, 1996, or (2) the date necessary to allow Highlands
to start making diversions at any downstream points of diversion
decreed to it in the Consolidated Case and actually constructed.
The parties understand that scheduling may be affected by weather
conditions and other matters beyond Aspen's control. Aspen agrees
to anticipate such matters to the extent reasonably possible in the
scheduling of the reconstruction in order complete the
reconstruction by November 1, 1996 (which will enable Highlands to
use water for snowmaking in November 1996), provided, however,
under no circumstances shall such reconstruction be completed later
than December 1, 1996. Aspen shall schedule such reconstruction as
early as practical in order to complete it by November 1, 1996, or
as soon thereafter as circumstances permit. In addition, to the
extent appropriate and practical, Aspen shall coordinate such
reconstruction with the relocation and construction of the Maroon
Creek pipeline through the Project.
III. STREAM MONITORING PROGRAM
8. In connection with the reconstruction of the Intake and
at such time that any of the downstream points of diversion decreed
in the consolidated Case are actually constructed and used,
Highlands and Aspen agree to implement and operate a stream
monitoring program that is acceptable to the Division Engineer and
that allows (a) determination in real time of the continuous flows
in Maroon Creek immediately below the point of diversion for the
Stapleton Brothers Ditch and (b) actual measurement, in real time,
of the diversions from Maroon Creek at all downstream points of
diversion decreed in the Consolidated Case and actually
constructed. Such program shall quantify the cumulative actual
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depletions to Maroon Creek at the Intake and at all constructed
downstream points of diversion for the water rights which are
ultimately decreed in the Consolidated Case. These points of
diversion downstream of the Intake, for which decrees are sought in
the Consolidated Case, are referred to in this Agreement as the
"Downstream Water Rights" and the physical facilities through which
the Downstream Water Rights will be diverted are referred to as the
"Downstream structures."
The parties understand and agree that the stream monitoring
program will entail, at a minimum, reconstruction of the Intake as
described in section II, and installation of measuring devices
(effective during all seasons) at the Intake and the Downstream
structures and measurement or modeling, or both, of streamflowsat
the Downstream structures and the stapleton Brothers Ditch. To the
extent acceptable to the Division Engineer , diversions by and
administration of the new water rights confirmed in the
Consolidated Case shall be made by measuring the flows of Maroon
Creek at the Intake and diversions by the stapleton Brothers Ditch,
utilizing the stream model to be developed hereunder. It is
understood that- the fundamental assumptions to be incorporated into
the model shall be those developed by Enartech, Inc. on behalf of
Aspen and that the modeling for the streamflows at the locations
below the Intake will incorporate those portions of the model
developed by Resource Engineering, Inc. to the extent
Enartech, Inc.'s model does not contain such elements, provided
however that to the extent inconsistencies exist between the
assumptions used in the Resource Engineering, Inc. modeling and
Enartech, Inc. modeling, the assumptions of Enartech, Inc. shall.be
used. Except as provided herein, Aspen agrees, to the extent
reasonably practical, to continue to operate .the Maroon Creek
Pipeline in a manner consistent with its historic practice which is
the basis of the assumptions of Enartech, Inc.
The model shall be periodically checked and calibrated by on-
site stream measurements made during the winter at intervals deemed
necessary by the Division Engineer. Provided, however, in any year
in which, as of March 31, the snowpack report for the Roaring Fork
River Basin is less than 80% of average, as determined by an agency
of the united states or the Colorado state Engineer's Office, then
the model shall be field checked and recalibrated with actual field
streamflow measurements as provided above, on no less than a
monthly basis throughout the following period from April 1. to
March 1, to the extent river flows are low enough to permit the
safe taking of field measurements in the river. In addition, on
any day when less than 15 cfs are passing the Intake and Highlands
desires to divert water for snowmaking at any Downstream structure,
Highlands shall pay for and conduct in coordination with Aspen
actual streamflow measurements at least daily at a point
immediately upstream of any constructed Downstream structures. In
such instance and in order to adequately protect the decreed
minimum streamflow of Maroon Creek, on any such day, Highlands'
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maximum diversions from the Downstream structures shall not exceed
one-half of the excess of the measured flow over 14.0 cfs at that
location until such flows equal 20.5 cfs at which time Highlands
shall be able to divert a maximum of 4.5 cfs from the Downstream
structures. Said 15 cfs shall be adjusted by the amount of any
return flows to Maroon Creek from Aspen's hydroelectric plant in
order to determine the actual level of stream flows in Maroon Creek
for purposes of implementing this provision. The parties agree 'to
consider discontinuing the taking of measurements once the model
has been sufficiently calibrated in accordance with standard and
acceptable engineering practices.
9. The stream monitoring program will be implemented ito
assure that minimum streamflows will not be injuriously affectediat
any time by diversion of the water for snowmaking through the
Downstream Structures for or on behalf of the Project. The parties
will use their best efforts to have the program described her~in
capable of being implemented at the time of the completion of the '
reconstruction of the Intake but in no event shall it be
implemented and operated until after construction but before the
use of any of the Downstream structures.
IV. COST ALLOCATION
10. (a) After the execution hereof, Aspen shall be
responsible for 78% of the cost of developing the stream monitoring
program required by this Agreement, and Highlands shall be
responsible for 22% of such costs. If all or any portion of water
used by Highlands is diverted at one or more of the Downstream
Structures, Highlands shall pay, in addition, all of the additional
costs necessary to implement and operate the stream monitoring
program with the inclusion of the Downstream Structures and
Stapleton Brothers Ditch.
(b) The charge for all raw water delivered to
Highlands by Aspen shall be based upon the cost of delivering raw
water to Highlands through only those facilities of Aspen actually
utilized in the delivery of such water; such cost taking into
account the operation, maintenance, repair, depreciation and
unrecovered capital costs for such facilities, together with new
capital improvement costs associated with such facilities incurred
subsequent to the reconstruction of the Intake as provided herein,
consistent with American Water Works Association standards.
(c) Highlands understands and agrees that, among the
costs to be borne by Highlands, there will be reimbursement i to
Aspen of hydroelectricity revenues foregone by Aspen at Highlands'
request as a result of the delivery of raw water (in excess i of
1.0 cfs) to be supplied to Highlands for snowmaking through the
Intake. Highlands understands and agrees that water flows to the
hydroelectric plant cannot be turned off and on instantaneously;
therefore, if the water supply to the hydroelectric plant must be
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reduced or curtailed, hydroelectric production may be significantly
reduced or curtailed entirely for one or more days. Any reduction
or curtailment for the purpose of providing such water to Highlan~s
shall not exceed a period of two days beyond the termination of the
diversion of water for snowmaking purposes hereunder. At
Highlands' request, Aspen shall document that but for the diversion
of such water for snowmaking the plant would have and could have
been operating at a capacity that would have utilized the amount 'of
water Highlands was using for snowmaking purposes. The amount to
be reimbursed for foregone hydroelectric power generation revenues
will be determined by calculating the foregone hydroelectric
revenues based on dividing the average monthly power production for
the same month (as shown in Exhibit B), by the number of days in
that month to obtain the average daily power production. The
average daily power production will be multiplied by the number 'of
days hydroelectric production is reduced or curtailed to m~et
Highlands' requirements for water in excess of 1.0 cfs, to obtain
the total amount of power production foregone because of deliveries
to Highlands. The total amount of power production foregone
because of del,iveries to Highlands will be mUltiplied by the
average cost to Aspen of purchased power from Holy Cross Electric
Association (or its successor in interest) to obtain the amount to
be paid by Highlands for foregone power production during that
month. Such amounts will be billed to Highlands quarterly, and
payment is due within 30 days of billing. To the extent that the
hydroelectric plant is reconfigured and this method of determining
such amounts to be reimbursed no longer is appropriate, it is the
intent of the parties that, in such event, Highlands only pay ~or
the hydroelectricity revenues that are actually foregone by Aspen
as a result of the delivery of up to a maximum of 4.5 cfs of raw
water to Highlands for snowmaking through the Intake.
V. OPTION 1: PROVISION OF POTABLE WATER SERVICE
AND RAW WATER FOR SNOWMAKING BY THE CITY OF ASPEN.
11. The District, on behalf of Highlands, currently has
pending with Aspen a new Application for Water Extension which, if
approved by the Aspen city council and accepted by the District,
will provide for municipal potable water service to the project.
Highlands agrees that if the City Council approves a Water Service
Agreement consistent with Aspen'S current- ordinances and policies
and the terms of this Agreement and acceptable to Highlands,
Highlands will use its best efforts to cause the District to accept
the Water Service Agreement. If a new Water Service Agreement' is
entered into between Aspen and the District, Aspen will also
provide raw water for snowmaking as provided in Paragraph 13 below.
Upon the city Council's approval of such a Water Service Agreement,
Highlands agrees to use its best efforts to cause the District! to
execute the agreement, and to cooperate with Aspen'S efforts to
secure a replacement of the 1981 District Agreement, or dissolution
of the District, provided, however, that water service will! be
provided to Highlands pursuant to the new Water service Agreement
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notwithstanding the dissolution of the Distric1:. The parties
further agree that the 1981 Highlands Agreement will be superseded
and replaced, in its entirety upon the execution of a new Water
Service Agreement.
12. Highlands will use its best efforts to obtain a decree in
the Consolidated Case which contains, at a minimum, the provisions
set forth in Section VII of this Agreement.
13. Highlands will convey to Aspen all of its right, title
and interest in and to all water rights, changes, exchange and plan
for augmentation decreed pursuant to the applications filed in the
Consolidated Case, except the Pearson Spring DitCh, and Aspen will
provide to Highlands water for snowmaking for the Project as
follows:
13.1 The Intake will be designed and reconstructed as
provided in Section II above, and, upon construction of and prior
to any diversion through any of the Downstream Structures, the
stream monitoring program described in Section III above will be
developed and implemented. The parties further agree that in view
of Highlands making on-site and off-site infrastructure
improvements, Aspen agrees to establish a new service area for the
Project, as defined in the decree of the Consolidated Case. This
new service area shall only encompass the Project and, if approved
for a Water Service Agreement, the Moore project, and shall not
have tap fees or other charges that are any greater than those of
Service Area 5. The capital costs contributed by Highlands in
connection with its obligations under sections II and III shall be
allocated to the rate base for this new service area.
13.2 Highlands, in its sole discretion, may determine
which Downstream Structures are to be designed and constructed and
the timing of such construction, provided, however that the
Downstream Structures shall be designed to meet the stream
monitoring requirements set forth in paragraphs 8 and 9, and to
otherwise ensure compliance with the terms of this Agreement.
Aspen shall have an opportunity to review the designs (which shall
conform to Aspen's design standards for such facilities) to verify
that they so conform and are adequate to meet the diversion and
measurement requirements of this Agreement, and its input will be
considered. However, Highlands shall make the final decisions
regarding design criteria, construction specifications, and
contractors. Highlands will make such decisions in a professional
manner, with due consideration for reasonable costs. Each
constructed Downstream structure, together with easements
sufficient to allow Aspen to operate, maintain, repair and replace
the structure as provided herein, will be conveyed to Aspen upon
its completion subject to having the Downstream Water Rights being
used for their decreed purposes at the Project by Highlands, if
water is not provided through the Intake as set forth herein. Upon
such conveyance, Aspen will be responsible for all operatipn,
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maintenance, _repair and replacement of the Downstream structures
and the cost thereof shall be included in the water rates charged
to Highlands for raw water.
13.3 If Highlands elects to have a pipeline and
associated facilities constructed at its cost from Thomas Reservoir
to the Project for the delivery of raw water, Highlands and Aspen
shall jointly design such facilities. Aspen will be responsible
for obtaining and reviewing bids, selecting contractors, and
overseeing construction of the Thomas Reservoir pipeline and
associated facilities. Highlands shall have an opportunity to
review the designs, and its input will be considered. However,
Aspen shall make the final decisions regarding design criteria,
construction specifications, and contractors. Aspen will make such
decisions in a professional manner, with due consideration for
reasonable costs. Highlands shall convey to Aspen any interest it
may have in the pipeline and associated facilities and easements,
if any, and upon such conveyance, Aspen will be responsible for all
operation, maintenance, repair and replacement of said pipeline.
Aspen will recover the costs of such operation, maintenance, repair
and replacement through the water rates charged to Highlands.
13.4 Highlands agrees that it will make demand for
water for snowmaking purposes only during the months of october
through February each year, and that the. instantaneous flow
diverted from Maroon Creek for snowmaking purposes will not exceed
5.1 cfs without amendment of this Agreement.
13.5 During the months in which water may be used for
snowmaking, Highlands will designate a representative who will be
available at times agreed to by the parties to advise Aspen of
Highlands' snowmaking needs, and, if necessary, to reduce or
curtail Highlands' snowmaking operations as provided herein~ The
parties agree that when the amount of water measured in Maroon
Creek at the Intake (after diversion by Aspen for its municipal
needs), falls below 30 cfs, Highlands' designated representative
will be advised, and will be available to work with Aspen to assure
that snowmaking operations do not injuriously affect the decreed
minimum streamflow.
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13.6 Aspen will make available to Highlands for
snowmaking purposes up to 4.5 cfs of water from its water rights
(including those rights transferred to Aspen by Highlands pursuant
to the Water service Agreement). This water will be made available
at the Intake, and, if necessary, at Downstream structures and
Thomas Reservoir to the extent that the Downstream structures and
the Thomas Reservoir pipeline have been constructed.
13.7 If during the months of October through February
of each year the amount of water measured in Maroon Creek at the
Intake (after diversion by Aspen for its municipal needs) falls
below 30 cfs, the Aspen Water Department and Highlands jointly
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will determine how much water can be made available for snowmaking
(based on streamflows at the Intake and existing Downstream
structures) without injuriously affecting th~ decreed minimum
streamflow or adversely impacting Aspen's ability to provide
municipal water service to its customers. 1 The Aspen Water
Department will also determine, based on these criteria, whether
water shall be delivered to Highlands (1) at the Intake; (2) frOm
the Thomas Reservoir, (3) from the Downstream structures, or
(4) from some combination of these structures to the extent such
are constructed. The parties agree that water for Highlands'
snowmaking needs will be provided first and primarily from the
Intake or the Thomas Reservoir so long as water is physically
available and can be provided without injuriously affecting the
decreed minimum streamflow or adversely impacting Aspen's ability
to provide municipal water service to its customers, subject to the
provisions of footnote 1. If and to the extent water is not
physically available, decreed minimum streamflows would be
injuriously affected or Aspen's ability to provide municipal water
service to its customers adversely impacted, water for snowmaking
will be provided under the Downstream Water Rights at the
Downstream structures, to the extent said Downstream Water Rights
are in priority. Highlands and Aspen shall cooperatively design
and construct the diversion structure at the Jones Drawoff or other
mutually agreeable location which can be regulated so as to deliver
a maximum of 5.1 cfs. All costs of such reconstruction shall 'be
paid by Highlands. At times when water is required by Highlands
for snowmaking use, the structure will be regulated in order to
deliver up to 4.5 cfs for such use on an as is available basis as
determined above. Provided however between the beginning of
October and the end of February, Aspen shall deliver each day to
Highlands water for snowmaking an amount not less than 0.6 cfs upon
Highlands' request. Such amount may only be interrupted in the
event' of an emergency associated with the ability of Aspen to
deliver raw water through the Intake and Maroon Creek Pipeline or
in the event of scheduled maintenance which Aspen shall use its
best efforts to not schedule between November and February lor
between June and August and provided that Aspen shall coordinate
the scheduling of such maintenance with Highlands in order lto
minimize any adverse impacts associated with the interruption of
the provision of this raw water and Aspen agrees to use its best
efforts to reinstate its ability to deliver such water as quickly
as possible. If the Project peak daily domestic water supply
demand exceeds 0.4 cfs for more than three (3) days in any One
1 The parties understand that Aspen may, after the date of
this Agreement, commit to provide water service to customers it
is not now presently committed to serve. Aspen agrees that any
water service to new customers (other than the Project and the
Moore Family project presently pending before the Aspen City
Council) will be subject to Aspen'S obligation to provide water
for snowmaking as herein provided.
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period between October and February, the 0.6 cfs delivery
requirement shall be reduced by the amount of any such excess.
13.8 Aspen shall be responsible for all recordkeeping
and reporting associated with delivery of water to Highlands
pursuant to this Paragraph 13. Aspen will also be responsible for
measurements, recordkeeping and recording necessary to verify the
accuracy of modeling of stream conditions at the Downstream
structures if and when they are constructed. The costs of such
measuring, reporting, and recordkeeping to verify the accuracy of
modeling of stream conditions at the Downstream structures shall be
charged to Highlands as operation and maintenance costs within the
new service area.
13.9 Except as otherwise provided herein, Highlands will
pay for the water provided pursuant to this Paragraph 13 as
provided in the new Water service Agreement with Aspen and in
accordance with Paragraph 10 above.
VI. OPTION 2: PROVISION OF RAW WATER BY THE CITY OF ASPEN.
14. The parties acknowledge and agree that until a new Water
service Agreement is executed between Aspen and the District, Aspen
has committed to continue to provide 1.0 cfs of raw water . to
Highlands pursuant to the 1981 Highlands Agreement. If Highlands
does not obtain a new Water service Agreement with Aspen, Aspen
will nevertheless continue to provide 1.0 cfs of raw water to
Highlands pursuant to this Agreement for all lawful purposes for
which Aspen's water rights are decreed. Such amount may only be
interrupted in the event of an emergency associated with the
ability of Aspen to deliver raw water through the Intake and Maroon
Creek Pipeline or in the event of scheduled maintenance which Aspen
shall use its best efforts to not schedule between November and
February or between June and August and provided that Aspen shall
coordinate the SCheduling of such maintenance with Highlands in
order to minimize any adverse impacts to the domestic service to
the Project associated with the interruption of the provision of
this raw water and Aspen agrees to use its best efforts. to
reinstate its ability to deliver such water as quickly as possible.
15. In addition, Aspen's City council may approve a new Raw
Water Agreement acceptable to Highlands by which Aspen would
provide 1.0 cfs as provided herein and in the 1981 Highlands
Agreement as well as additional raw water for snowmaking purposes,
including without limitation the water rights confirmed in the
Consolidated Case, which would be conveyed to Aspen, except for the
Pearson spring Ditch. Such a new Raw Water Agreement will contain
the provisions set forth in Paragraphs 13, 13.1, 13.2, 13.3, 13.4,
13.5, 13.6, 13.7 (subject to the size of the diversion structure at
the Jones Drawoff or other mutually agreeable location being
regulated to deliver 5.5 cfs rather than 5.1 cfs), and 13.8. The
cost of raw water provided pursuant to this option will be as set
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forth in Paragraph 10 hereof. Raw water deliveries to Highlands
will be metered, at Highlands' cost, so as to meter instantaneo~s
deliveries of raw water to Highlands. The new Raw Water Agreement
will supersede and replace entirely the 1981 Highlands Agreement.
16. If this Option 2 is selected, Highlands will be solely
responsible for all treatment and distribution of raw water, and
for compliance with any and all statutes, ordinances, rules and
regulations affecting their provision of water service. Highlands'
water distribution system must be effectively isolated from the
water distribution systems of both Aspen and the District.
Highlands will petition for exclusion of the Project Property from
the District and Aspen agrees to support such petition and shall in
no way oppose such petition.
VII. OPTION NO.3: WATER SUPPLY PROVIDED BY
HIGHLANDS' INDEPENDENT SYSTEM.
17. Until such time as the Aspen City Council approves a,new
Water Service ,Agreement with the District or a new Raw Water
Agreement with Highlands, or if Aspen and the District fail to
enter into a new Water service Agreement or the parties fail to
enter into a new Raw Water Agreement, the parties agree that water
may be diverted and used in accordance with a decree entered in the
Consolidated Case that contains, at a minimum, the following terms
and conditions:
design,
program
17 . 1 Highlands and Aspen
implementation and operation
as set forth in Paragraph 8;
shall participate in the
of the stream monitoring
17.2 Aspen will continue to provide 1. () cfs of raw water
to Highlands pursuant to the 1981 Highlands Agreement for all
lawful purposes for which Aspen's water rights are decreed and
Highlands will use this as its primary source of water for the
Project.
17.3 To the extent Highlands does not fully utilize the
1.0 cfs provided by Aspen for Project purposes other than
snowmaking, Highlands may use this water for snowmaking on the
Project Property. In no case will instantaneous deliveries of the
1.0 cfs provided by Aspen exceed 1.0 cfs, and Highlands will
install, at its expense, meters that will measure instantaneous
deliveries.
17.4 Highlands will not obtain a decree for any
exchanges or plans for augmentation using the Stein-Arlian-Marolt
water right.
17.5
recordkeeping and
provided by Aspen,
Highlands shall be responsible for all
reporting associated with its use of water
and the water rights decreed in the Consolidated
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Case. Highlands will also be responsible for measurements,
recordkeeping and reporting necessary to verify the accuracy of
modeling of stream conditions at the Downstream structures. Aspen
shall, at its request, be provided with copies of all data
obtained, as well as summaries, compilations, and records generated
from such data. Aspen shall also have access to measuring and
recording devices and the real-time reporting mechanisms installed
at all of Highlands' decreed points of diversion.
17.6 Highlands shall not withdraw from Maroon Creek more
than a total of 4.5 cfs collectively from all of the structures
decreed in the Consolidated Case.
17.7 Releases of water stored in Ruedi Reservoir will
not provide augmentation water to users on Maroon Creek or the
Roaring Fork River above the confluence of the Fryingpan River,
including the minimum stream flows previously adjudicated to the
Colorado Water Conservation Board in Case Nos. 76CW2945
and 85CW646. Therefore, at times when the Board's minimum stream
flow rights are_ not satisfied, Highlands agrees to discontinue the
use of Ruedi Reservoir as an augmentation source of the water
rights to be decreed in the Consolidated Case, and to discontinue
out-of-priority diversions from Maroon Creek unless such diversions
are fully augmented by sources located upstream of Highlands' point
or points of diversion, and acceptable to the state and Division
Engineer'S Office and the Colorado Water Conservation Board.
17.8 Snowmaking shall be limited to the months of
October through February each year, and the maximum instantaneous
diversion for snowmaking, pursuant to any combination of Highlands'
water rights, will not at any time exceed 4.5 cfs.
17.9 Highlands shall not be entitled to divert or use
the water rights decreed in the Consolida-ted Cases until
(1) reconstruction of Aspen's Maroon Creek Municipal Intake has
been completed as described above, and (2) the stream monitoring
program has been implemented in accordance with the provisions of
Paragraph 8.
--
18 . With respect to the provision of 1.0 cfs by Aspen in
accordance with Paragraph 17.2, such amount may only be interrupted
in the event of an emergency associated with the ability of Aspen
to deliver raw water through the Intake and Maroon Creek Pipeline
or in the event of scheduled maintenance which Aspen shall use its
best efforts to not schedule between November and February. or
between June and August and provided that Aspen shall coordinate
the scheduling of such maintenance with Highlands in order to
minimize any adverse impacts to the domestic service to the project
associated with the interruption of the provision of this raw water
and Aspen agrees to use its best efforts to reinstate its ability
to deliver such water as quickly as possible.
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19. (a) If Highlands elects to have a pipeline and
associated facilities constructed at its cost from Thomas Reservoir
to the Project for the delivery of raw water, Highlands and Aspen
shall jointly design such facilities. Aspen will be responsible
for obtaining and reviewing bids, selecting contractors, and
overseeing construction of the Thomas Reservoir pipeline and
associated facilities. Highlands shall have an opportunity to
review the designs, and its input will be considered. However,
Aspen shall make the final decisions regarding design criteria,
construction specifications, and contractors. Aspen will make such
decisions in a professional manner, with due consideration for
reasonable costs. Highlands shall convey to Aspen any interest it
may have in the pipeline and associated facilities, and upon such
conveyance, Aspen will be responsible for all operation,
maintenance, repair and replacement of said pipeline. Aspen will
recover the costs of such operation, maintenance, repair and
replacement through the water rates charged to Highlands.
(b) Highlands and Aspen shall cooperatively design and
construct the diversion structure at the Jones Drawoff or other
mutually agreeable location which can be regulated so as to deliver
a maximum of 5.5 cfs. All costs of such reconstruction shall be
paid by Highlands.
(c) Aspen will continue to make available to Highlands
at the Intake an interruptible conveyance of water, not to exceed
4.5 cfs, pursuant to the 1981 Highlands Agreement.
20. The cost to Highlands for use of Aspen's Intake for
carriage of Highlands' water rights and water provided to Highlands
from Aspen's water rights will be as set forth in Paragraph 10
hereof.
21. The parties agree that the provisions of this Part VII
are a stipulation made in settlement of the Consolidated Case and
that said provisions shall be fully enforceable by the Court in the
Consolidated Case through entry of a decree or otherwise. The
parties expressly waive all objections to the introduction of this
Agreement into evidence by any party hereto for the purpose of
enforcing its provisions. This waiver is not intended to waive any
objection to introduction or use of this Agreement by any person or
entity not a party hereto.
VIII. GENERAL PROVISIONS
22. A party's failure or delay to exercise any right
hereunder shall not affect such party's right to exercise such
right at any future time, or to exercise any other right it may
have under this Agreement.
23.
hereunder
No party shall be held liable for a failure to perform
due to war, strike, act of God, natural disaster,
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drought, or other occurrence, whether similar or dissimilar,
outside of the control of the party.
24. If any provision of this Agreement shall be or become
invalid or unenforceable, the remainder of the Agreement shall not
be deemed invalid or unenforceable, and each and every remaining
provision shall be enforceable to the fullest extent permitted by
law.
25. Neither this Agreement nor any right to receive water
hereunder may be amended or assigned without the written consent of
the parties hereto, which consent shall not be unreasonably
withheld. Any consent to an assignment or amendment shall not be
deemed as a consent to any subsequent amendment or assignment. Any
attempted assignment of rights or obligations under this Agreement
in violation of this paragraph shall render the Agreement void.
Consent is hereby provided for any assignment of all or a portion
of the rights hereunder to any mortgagee or lender of the parties,
the United states Forest Service, and the permittee of the Forest
Service for the operation of the Aspen Highlands Ski Area.
26. This Agreement is binding upon the parties hereto, and
their respective successors and assigns, and any sale of the
Project or the Project Property shall be subject to this Agreement.
This Agreement shall be recorded, and shall constitute a covenant
running with the Project Property.
27. In the event of any default hereunder, the non-defaulting
party shall deliver notice as provided herein to the party alleged
to be in default. The defaulting party shall then have thirty (30)
days within which to cure such default.
28. For purposes of providing any notice hereunder, notice
shall be deemed given upon delivery or deposit of written notice,
first class postage prepaid, in the United States mails to the
parties as follows:
Aspen:
Phil Overeynder
city of Aspen Water Department
130 South Galena Street
Aspen, Colorado 81611
Copy to:
David Bellack, Esq.
Assistant city Attorney
130 South Galena Street
Aspen, Colorado 81611
Cynthia F. Covell, Esq.
Alperstein & Covell, P.C.
2000 Colorado State Bank Building
1600 Broadway
Denver, Colorado 80202-4920
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Highlands:
Frederick A. smith
Aspen Highlands Mountain Limited Liability Company
c/o Aspen Skiing Company
P.O. Box 1248
Aspen, Colorado 81612
Robert E. Daniel, Jr.
Hines Highlands Limited Partnership
P.O. Box 4970
Aspen, Colorado 81612
copy to:
Kevin L. Patrick, Esq.
Kevin L. Patrick, P.C.
205 South Mill suite 300
Aspen, Colorado 81611
Arthur B. Ferguson, Jr., Esq.
Holland & Hart
600 East Main Street
Aspen, Colorado 81611
Fred H. Dunlop, Esq.
Baker & Botts, L.L.P.
One Shell Plaza
910 Louisiana
Houston, Texas 77002-4995
29. This Agreement and the rights and obligations of the
parties hereto shall be governed by and construed in accordance
with Colorado law. Venue for all actions arising under this
Agreement shall be Pitkin County, Colorado. In the event of
litigation, the prevailing party shall be entitled to recover
reasonable attorneys' fees, as well as expert witness fees and
other costs associated with enforcing the terms of this Agreement.
30. By signing this Agreement the parties acknowledge and
represent to one another that all procedures necessary to validly
contract and execute this Agreement have been performed and that
the persons signing for each party have been duly authorized to do
so.
31. This Agreement may be signed using counterpart signature
pages, with the same force' and effect as if all parties had signed
on the same signature page.
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IN WITNESS WHEREOF, the parties have execubed this Agreement
on the date first above written.
HIGHLANDS:
::~s ml7~sm
David Parker, Vice President of Aspen Highlands Skiing
Corporation, general partner
ASPEN HIGHLANDS MOUNTAIN LIMITED LIABILITY COMPANY, ill Delaware
limited liability company
By Bell Mountain Partners Limited Partnership,
an Illinois limited partnership
By Bell Highlands corporation, an Illinois corporation
~
ASPEN:
CITY OF ASPEN
By:
John
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Bennett, Mayor
ATTEST:
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EXHIBIT A
The Highlands Project encompasses the Aspen Highlands Ski
Area and the Aspen Highlands Base Area development properties
that are located in Pitkin county, Colorado. The legal
description for the united states Forest Service ski area permit
boundary for the Aspen Highlands Ski Area is attached hereto. A
map depicting the private properties that are adjacent to the
united States Forest Service property and that are included with
the Project is entitled "Aspen Highlands Transactions Parcel
Delineation" and is attached hereto.
The Aspen Highlands Base Area will include a total of
approximately 220 residential units, made up of a combination of
large single family residences, medium size single family
residences, three-bedroom townhouses, two and three-bedroom
condominium units and three-bedroom employee (one-bedroom units
and three-bedroom units). In addition, there will be
approximately 50,000 square feet of commercial, office, and
restaurant space for such uses at the Aspen Highlands Base Area.
Approximately i7.0 acres of land will be irrigated within the
Project. The Aspen Highlands Ski Area encompasses and will
encompass the on-mountain properties and skiing operations which
includes, without limitation, restaurants, maintenance
facilities, lift facilities, snowmaking facilities, and such
other activities and facilities that are necessary or appropriate
for the operation of a ski area and year round recreation area.
The irrigation in the Project will use both treated potable
water and raw water. All on-mountain uses in connection with the
ski area except for snowmaking will use treated potable water.
All snowmaking will use raw water. The snowmaking component will
require a total annual diversion anticipated to be approximately
314 acre feet.
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Englnoer$/Surv'l'on
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, .A. description of the Forest Service Permit bound~ry
for Aspen Highlands Ski Area looated in TiOS, RB5W::
'and in Tl1s" R85H, all of the 6th,1?M., for Aspen
" Skiing' company. '
Bouldtr, '
Colorado Springs
4S40 Pearl East Circle
Suite 114
Bould,r, Colorado 80301.:2.47S
303 442 ma
LBGAL DESCRIP'rIOll
" A tract of
".. 6'th P.M. ,
follows:
.land located in Ti0S, RU5W and in TiiS, RB5W, all of the
: county of pitkin, state of Colorado, ,described' as
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commencing at ,the Ni/4 Corner of seotion 23, T10S,'RB5W bf the 6th
p,M., thence H87058'50"W, 1351.6B fAet aJ.ong'theNorth line of the
NW1/4 of said section 23 to the No~theast corner, of Lot 1 in said
section 23' and the' TRUE POINT OF BEGINNING i ' , '
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Thence SOoo59'33"W,' 2642.58
Lot 2 in said, section 23 to
'section 231 '
feet al.ong the East line of Lot 1 and
the Southeast corner' qf Lot 2 in said: "0'
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teet along the' East line of Lot 7 and
the southeast Corner of ' Lot 8,io said
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Thence Soo'~j8'34"W', 2690.57
'Lot 8 in said Section 23 to
section 23;
Thence S15036/05"W, 382.94 feet to a point of, curve to the left;
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Thence southerly,' 1954.25 feet along the arc of said curve to a
point of compound curve, said arc having a radius of,3875.00 feet,
,<,.', a central angle of 28053'44" and being;subtended 1;>y tI.'chord that ,..,-j\i.
bears S01009~ 13"W, 1933.60 :feet;. '., ',,' '; : ',!i>
.' Thence south~'a"ster'lY, 213.30' feAt. al~ng' ,the arc' ~f 'said compo~nd ::';::\L,'
curVA ,to a' point, of reverse, curve, said' arc having ,.a radius '"of, , j(::
1060.00 feet; a central angle of 1:1:031'4511. and being subtended1by;';;',
a chord that ,bears S19~03'31"E, 21:t:94'feet; , ".\.:'~' :"
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Page 2
Thence southerly, 1204;89 feet along the arcof'6aid reverse curve
to a point ,of reverse ourve, said arc having a radius of 1030.00
feet, a central angle of 67001'~,~1I and being subtended by a chord
that bears SOe041'201lW, 1137.36 feet; " " ' .
'Thence southerly, 929.65 feet along the arc of said reverse curve
to a point. of reverse curve, said aro having a radius of 700.00.
feet, a central ~'ngle of '76005'33" and being subtended by a chord'
that bears:S04~0~'17"W, 862.82 feet;" .
Thence Southerly, 892.09 feet along the arc of said reverse curve
to a point of reverse curve, said o.rc having a radius of 800.00
feet, a pentral angle of 63053'2911 and being sUbtendedhy'a chord
that bears SOl056~4511E, 846.59 feet;
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Thence southerlYI,'86B.43 feet along the arc of said reverse 'curve..
to a point. tangent, said aro having a radius of -1150.00., feet; a
central angle of 43016"0211 and being subtended by a chord that
bears soe021'59"W, 847~94 feet;
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"Thence S13016'02'IIE, ,9:1.2'.53 feett"o a point of curve to the right;
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Thence South\o1esterly I 1179.61.' feet along. the arc' of said curve" to
ll, point tangent, said arc having a radius of 915.00 feet,. a central .i
angle of ,73051' 54" and beingsubtended by a' chord that bears.,
S23039'55"W,l099.60'feet;' . '
Thence S60035'52"W, 529.38 feet to a point of curve to the left;
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Thenc'e southweste~lY, 11.29.37 feet along ,the 'arc .of' said' curve to
a point. tangent" said arc having a radius of 680.00 feet': a central'
angle of. 95009'33" and being subtended by a chord:,that. bears
S13001'0611W,,'1003.97feet'j'.' '.,,' ,.,,'.:..,',1:
Thence S34033'41"E, 11-38.32 feet to a point of curve to thE> right;
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'Thence southwesterly, 1478.17 feet along the.arc of said curve to
,': a, point of reverse c;mrVB, said arc having a radius of 600.00 feet,.
, a central angle of, :l.4P09'16" and heing 6ubtended' by a, chord that
,. beqrs S360QO',57"W,., 1131.71 feet; .:'
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,Thence Westerly, 2631.04' feet along the arc of 'sil.i~reverse curve .:i
to a point of compound curve, said arc having a radius of 6260;00,'
feet, a centtal angle of 24004'52" and being subtend~d by a chord
that bears N85026'51"W, 2611.71,feet; ",
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Thence Southwesterly, 709.39 'feet. along the' arc of said 'compound
curve to a point tangent, said arc having a radius ,of 2415.00 feet, . ,
a central angle of 16049' 49" and being subtended by a chord that.
bears 874005'49"1'1, 706.84 feet;""" '
'rhenca S6s040'55"W, .619.48 feet to a point of curve to the right;
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Thence llorthweet9F1Y, 1985.12 teet along the arc pf said. curve to
a point tangent;: said, arc having' a radius of 1160.00 feet, a
central, angle of 98003'03" and being subtended' by a chord that
bears N65017'33"W,1751.60 feet; ,
Thenoe N16~16'02'iIW,' 687.14 feet to a point of ourve .tothe leftl
Thence Northwesterly, 6~3.17 feet along the arc of said,burve to a
point tangent, said arc having a radius of 1130.00 feet, a central
angle of 31"05'26" and being 5ubtel)ded by a' chord 'that bears
N31048'45"W, 605.68 feet;
Thence N41G21'2B"W, 1719.69 fMt to a point of curve to the rightl
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Thence Northwesterly; 1189.95 feet along the arc of said 'curve to
a point of, compound curve, said arc having a radius of 2325 ;00
.feet, a central angle of 29019'28" and being subtended by a ~hord
th~t bears N32041'44"W, 1177.01 feet;
'rhence Northeasterly, 1115.20 feet ll-long the arc, of said compound
curve to a point of reverse curve, said arc having a radius of
820.00 feet, a central angle of 77055'20" and being subtended by a
chord that bears,N20~55'40"E, 1031.22 feet;
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,Thence Northeasterly, 1238.53 feet along the arc of said reverse
curve to a' point, of reverse curve, said arc having, a radius of,
3960.00 feet, a central angle of 17055'11" and being subtended by.
a' chord that bears N50055'14"E, 1233.49 feetj ,
Thence NortheasterlY, 1430.82 feet along the ara of said reverse
,.' curve to a' point of reverse curve, said ara having a radius of
4730,00 feet, a central angle of 17019'55" and being Bubtended'by
a chord that bears'N50038'06"E; 1425.38 feet; ,,'
Thence Northeasterly, 586.49 feet along the, arc of said reverse
curve to a point tangent said ara having a radius eif 1315.00 feet,'
a central angle of 25033'13" 'and being 6ubtended by a'ohord'that
bears N46031'27"E,' 581.64 fe~t; , "
Thence N33044'50"E, 819.98 feet to:~ point of ourve to the left;
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Thence Northerly; 904.91 feet:. along the aro of said curve to, a
point of reverse curve, said arc !laving a :radius of 835.00 feet, a
cent.ral angle of 62.05'34." and...being Gubtended by a chord that
bears ,l102042'0311E" 861.27.,feetj "
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" Thence N9rtherly,' 1110.45 feet along the a,rc of sai.d reverse curve
to a poin~ tangent, said arc having a radius of 975.00 feet; ~
central angle of.: 65015'19" and being sUbtended, by a chord that
, . ~ears N04.16'56111, 1651,39 feet; ,
Thence N36054.'35"E,' 692.85 fee-t to a point of curva to the left;
,Thence Northeasterly, 514.29 feet along the arc of'saidcurve to a
point tangent,' said arc having a radius of 850. 00 feet, a central
angle of 34040'01" and, being 6ubtended by a' chord that pears
N1g034'3S"E,506i48 feet; ,
Thence N02014'35I1E, 956:40 feet to a point of curve to the right; ,
Thence Northeasterly, S8a.42 feet along the arc of said curve to a
point tangent, sidd arc having a radius of 870.00 i;eet, a central
. angleo!: ja045'0611 and being subtended by a chord that bears
fA". (.~210371 OB liE; 577.27 feet; "
4. 'X'.hence N40..59'41"E, 26B.00 feet to a point of curve 'to the left;
Thence Northeaste.rly, 741.'47 feet a1'ong the arc of said curve to a
~oint tangent, said ara having a radius 6f 1590,00 feet, 'a central
angle of 26043'0$11, and being subtended by a chord'that bears
N2703B'0711E, 734.77 feet;
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Thence N14.16'33"E, 589.45 feet to 11 point of curve to the right;
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Thence Northeasterly, 406.55 feet along the arc 6fsaid curve tp a
point tangent, said arc having a radius of ~400.00 feet, a central
angle of' 16036 '18" and being subtended by a chord that bears
N22"35'42"!, ,405.12 feet; "
Thence N30"54'5~IIE, 129.46 feet to the South line of the NH1/4 of
Section 22, T10S,' R8SH of the 6th P.M.;
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Thence S89023'50"E, 146.73 fe.et along the: sou'th li1'\e of the NWl/4
of seotion 22 to the Hest'line of Lot 2 in said' Section 22;
Thence HOoo48'lO"E, 245.60 feet along the ,1est Une of Lot :;( in
said section 22 J ',.
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, Thence Northeasterly, 618.67 feet along the arc 'of a curve concave
to the southeast'to a point of rev:erse curve, sa~d'arc hav~ng a
radius of' 9375.00 feet, a central angle ,of 3.46'52" and being
subtended by a chord that beaxs H47016'04','E, 618.56 feet; , :,'.'
Th~nce N~rtheaS~6rlY, 1058. 72 fee~ along the, ~r~ of s~id \ rev~rse ' :,: ',\
curve to a point-tangent,' said arc having a radius,of 1760.00 '1:e6t,' ,
a central' angle of 34027'58" and being'subtendect by a chord that
bears' N31"55'31"E,,'104.2.83' feet; , ,', ,:" ",':, '
I I '...:_
Legal Oescription
Page 5
september 10, 19$13
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Thence Northeasterlyi 1322.91 feet along the arc of a curve concave,
" to the southeast to the North line of Lot 2 in 'said ,Section 22,
,: sald arc' having a radius of, Q?7 5.00 feet, a central', angle' of
,,8005'06" and beil1g subtended by""a chord, that bears N36c.30'4.9I1E,'
" 1321. 81 feet; , ' ' ," ,
;
"
'(. .
" Thence S8g006'501lE, 547.81 feet along the' Horth line
,; said section '22 ~p the Horthe~st cornerthareof,,',
of Lot 2. in
of Lot L in
"
..
I',' . ::. .
,Thence N01.00'05"H, 585.64 feel:. along r.he HQ,,~'line,
, oo.id seotion 22; , .. ' ,', ,:,
',. ~..
I . .,:"- .
Thence N14041'32"E, 751.76 feet to the North'line,of theSElj4.0f
'the SEll4 of section 15, 'J.'10S, RO 5W of the 6th P. M. ; " ,
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, Thence
, of the
, '
S09005'18"E, 12S.QO feet. along the North line of
SElj4 of said section 15 to the Northeast corner
the'SElf4
thereof;
, '
Thence S02028'101lH, 1316.04 fee.t, along the East line of
,of said section 15, to the southeast Corner .thereof; ,
, . . . ' .
the SElf 4.
~ :
.' . .
.,
. . ,.
Thence S87cS8',50"E, 1'351.68 feet along'the North'line
, said' $ection23 to the TRUE POINT OF BEGINNING.
of Lot i in '
, ,'::
,Area _ 2163.4. acres, more or less.
:,
.!
Legal Description Prepared By:
Richard G.'Settergren, l?LS #17664
Drexel Barrell & Company ,
.~ ,4.840 p~arL~East Circle 1114
, 'BOUlder, CoLorado 80301~2475
': (303) 4.4:2-4338
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197'2 179292 1~ 101~ 117C83 23243 :19337 41710 W281 - ~2 2:l2ll18 1724<l1 ,_,
19'1;\ ,- lro<70 - _'8 TMO 9279 21312 218180 - - - 24l'il\lO ~I
1874 m822 118933 ~ ~1~ 21118\ \~7 = 32754 1 :w93ll - 282804 ~2 lmeMl
1918 \2OIl18 ,= 9WO .7957 27372 13!191 4olS7 110421 3.<&130 - ~2 2""203 ,me!i3
,~'e '~1 1179:lO ~2 - ZQ74tl 1~7 :lil72! 2S0107 :l:>M:l9 3<>7_ ;",~ 15617;> 1 Pens I
,fl77 IlWl!lO!l 102721 07::W7 377t11 2498 0 18118 200932 :>+1M3 1 il2042 ~ ~ 11""'~1
"". 2'S77D :zoet;6 1742- 0 D 8 11083 1= 35Iill3lI =- _, t~l115 14Z33&o1
Ism "~ ."SS 49197 """7 0 0 ~2 I eo&<3 - 3<ll'004 3ll71lO4 2411123 '~1Zi
HIllO 180783 'O1~ !<l2;lB 42SSO :lS904 -= mOB z!"'"" - 367BOo1 3a71\Cl4 2I\Cl48ll 2tQllOT5 I
1M' 218133 ''''597 1029E0 $<llol9 16m e219 4e215 :lll1298 ~ 3e2383 =7. ",,1m ,01'1'e,e,1
1m ,'''_ 11.482"- 82B5! 18782 Sll4211 .2.118 32:= 251631 358939 367004 391EJO.1 s.<!l93e :!t3e370i
lOll:! 330041 1~T42 171\l:19 04873 ~7 1W07 nll7' 127!le4 ~ :lt1004 ~ 3:1084\ 2.cQ.411.t!
\[IS.\ 257S51 = 1 $935 HOMO 113750 Ill2090 Z!S847 - ~ 367l!O4 3!7l!O4 ~ ~1!J
',~ 38Zl32 ~ 21:se.ll 1771m 132UJ7 118118 107.:lM :mII04 - - 3(!1llIJ.4 - ~I
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,pe7 35= ~14' 1m3:l S&l32 4DoIOII ~2 7mo ~ :I.55ll3O 381llC>4 3ll6oI33 20= :mc&<8!
1~ 178392 147811 1~ 101277 113504 182581 ~ 234ll()4 - 367lI04 311297 ~ ZJl~:
i 1989 lllOII2!5 ' 13M47 = ~18 ~ 3S879 !1062S 3201\13 3lS5ll3II 3S1ftO.1 33OS8Il \&lSIl 224<AfO i
, '990 131<m eee:l/i 31705 12ll8e 237". 197~ ~ 124707 ~ 3mQ.4 2Il:m5 120193 157043-131
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I ,m lBI819 11997B Il2Oll9 0!8011 ~741 :<OO5ll B!5399 335B:llI ~ 3m04 .'!S3m ~131 mmoi
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, M~mum = = 213941 177985 132487 182B81 Zl8!l47 3Il7804 3r.m9 - 3871llU - ~i
1M""""" 'J5T70 = 1742 0 0 0 44S7 110421 ~ 152942 70625 259Ila 1190Hlel
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W/O CASTI..'l OK. MAMCtl ""'" AND ""',. 21:1. JUN~ :lO
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1970 181078 1 <3232 !lQ2:).4 56<85 3:1740 'PIOO 2301!l1 274319 - 35Ill" 31:1$24 210S0051
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1m 11'll292 138484 101~ 87D83 23243 21831 4.(710 21M!1 214319 357m =;8 172_ te501,w!
1973 ,_ 183470 a3U4 GIla 1960 ll3B8 21312 1l19Gl1 214310 3fmOoI - 201ll3OO 195H!lOZl
101. lTTm ,,= ll302O ~148 ~t8!l1 784; 2lIrr7 '- 274319 3e7B04 :m2!104 1Ill952 Ul1m1i
ID7B 12M18 1:mM 9'I~10 .7esT 27372 1:l!i9\ 44$T = - - :lI!e3S:l 245m -'l77S4$1 j
19'B 11l8S21 11193D 1'2!!2 31><06 257.05 .14AUJ !5017! ZZl_ 27~10 - 31130ll 1ll!173 1831De91
1977 l8a5Oe 1 02r.!; ere.I7 37701 2_ 0 lel1B 178317 ~. 182942 "1ll9205 - '~2i
197B ~ 2l!M!5 1102 0 0 0 11963 1_ 274319 - 33Q!;6 1 185118 13111427 '
107& 11llaSo1 87_ 4$197 441!1 0 0 llS52 1_ 274310 - 3l!7B/l.I 241m '_31
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ll1Bl 215':13 141!>l1 1 D2QI!O liel4$> , 15283 '1&11 4ft21B 2541181 274319 362383 ~. Ismu leeelQ31
1M2 141m 114824 82!.5!l 18782 1590129 :tl221 32253 2Z470 274319 :l!l11104 387ll<)4 3oIlIroa 2O'27S.'t7J
l;e:! ~1 HiI:S7"~ 1:m2& IUG73 Ttll!l'I tI334 7 mr4 IOB1!rt :274219 - ....""" 3!;lO<l4' za;TDQDlB i
I;M ZT8!1 = lB!035 110B83 1131!O 918!1& 236&47 :!:l11101 274319 - 3678<l4 3BB939 2M50241
1~ ~ :$293 213901; 1~ 132487 1~ 1~ 3;ll!'l\ll 274319 3Irn04 - ,- 31:lm4i
,.... 2BelllO ZlBI33 ,- ",ogr TB718 llBa27 134434 :127110 27U11jJ - - - :!'1M' 44 i
1l1a7 il<5~ ~'''1 ,= Illl432 o4D4Oe = 7IlS7D :t:ll71T 27""'~ ~ ~ 24TOll9 ~,I
1008 17_2 1.''''11 '~9 1D1m 113804 102771 ~ - V'4J19 3G7l104 2111...,. ,=04 :tIn,.l!!
11$ ,~ 13e'JoI7 = ~'G 92!\4.4 2llD7~ IIOB28 291/184 2T""'~ l!S78Oll " 3:l()!I8Il ItI4S'Il 21_'
'090 13,ooe ..... 31708 1 "'"' 237ez 1:51.10' 308eO 1~ jtt04319 ~ 2!1~ 127m '_1
lSO; ; :13M!! 00713 81m 31193 2"- 11881 81417 1~T21 274318 - 327921 2_ la=o'
1m 181819 119878 Il208e Oeol1 >W," '4848 - 3Oee87 2701310 3117804 S$J232 2-18131 ~!
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