HomeMy WebLinkAboutordinance.council.046-99 ORDINANCE NO. 46
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE ST. MORITZ LODGE MINOR PLANNED UNIT
DEVELOPMENT, LOTS K, L, AND M, BLOCK 34, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
(the Project) from Michael Behrendt (applicant), owner of the St. Moritz Lodge located
on Lots K, L and M, Block4 6, City and Townsite of Aspen, for a Minor Planned Unit
Development (PUD) to accommodate eight (8) new lodge rooms and two (2) new
affordable housing units to be contained within an addition to the existing St. Moritz
Lodge; and,
WHEREAS, the St. Moritz Lodge is located in the Medium Density Residential -
Lodge Preservation Overlay (R6-LP) Zone District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties located in the Lodge Preservation (LP) Overlay Zone District
may be established through the PUD review process; and,
WHEREAS, pursuant to Planning and Zoning Commission Resolution #99- _,
the Project has been granted a Growth Management Quota System Exemption for the two
(2) additional lodge rooms and the one (1) additional affordable housing unit, completing
a total of eight (8) lodge rooms and two (2 ~ affordable housing units to be included in the
addition, as described in the application; and,
WHEREAS, pursuant m Section 26.445 of the Land Use Code, the City Council
may approve a Planned Unit Development during a duly noticed public hearing after
considering a recommendation from the Planning and Zoning Commission made m a
duly noticed public hearing, comments from the general public, a recommendation from
the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Building Department, the AsperdPitkin County Housing Authority, and the Community
Development Department reviewed the Project and recommended approval with
conditions; and,
WHEREAS, during a duly noticed public hearing on October 19, 1999, the
Planning and Zoning Commission recommended, by a four to zero (4-0) vote, that the
Aspen City Council approve the St. Moritz Minor Planned Unit Development, with
conditions contained heroin; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
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......... ~0~a}ty D~velopm~'D{~*~-~, ~-h~-~pplicable referral agencies, and has taken and
~ considered public comment at a public hearing; and,
--- WItEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, ~s consistent with the goals and elements of the Aspen Area
Community Plan; and,
WItEREAS, the .City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Pursuant tqthe procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the St. Moritz Lodge Planned Unit Development. consisting of an eight (8) lodge unit and
two (2) affordable housing unit addition to the existing lodge, ~s approved subject to the
conditions of approval described hereinafter.
Section 2:
The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by
the Community Development Director to reflect Lots K, L, and M of Block 46. City and
Townsite of Aspen as assigned with a Planned Unit Development (PUD) Overlay.
Section 3:
Conditions of Approval:
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
b. A statement about the long-term maintenance of the common central
courtyard and pool area.
c. An agreement to enter into a future lease agreement for on-street parking
spaces for guests of the lodge if necessary.
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easemems, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights-of-way,
location of utility pedestals, and a note stating that a witness comer will be
installed on the north east comer of the property after completion of
~, construction.
b. An illustrative site plan of the project showing the proposed improvements,
~'~- landscaping, parking, and the dimensional requirements as approved.
Ordinance No. 46, Series of 1999
Page 2
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on-site during
and after construction. Ifa ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year
storm frequency should be used in designing any drainage improvements.
3.The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Depanmem.
4.The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval, for both the lodge expansion and the Minor PUD,
printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A tree removal permit as required by the City Parks Depanmem and any
approval from the Parks Department Director for off-site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
£ A completed agreement m join any future improvement districts formed for
the purpose of constructing improvements in adjacent public rights-of-way.
5.The building plans shall demonstrate an adequate fire sprinkler system and alarm
system for the new portion of the structure.
6. Prior to issuance ora building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
c. The studio employee unit shall be deed restricted to Category 2, or lower, and
the two-bedroom employee unit shall be deed restricted to Category 3, or lower,
with the AsperdPitkin County Housing Authority.
d. Existing vegetation where construction activity i~ expected shall be protected by
tying-back limbs and surrounding vegetation with construction fencing.
7. The applicant shall encourage visitors to not rent a car when staying at the St. Moritz
tlu'ough marketing information.
8. Two parking spaces shall be designated on the Final PUD Plans as available for the
employee units.
9. No excavation or storage of dirt or material shall occur within tree driplines.
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10. All construction vehicles, materials, and debris shall be maintained on-site and not
within public rights-of-way unless specifically approved by the Director of the Streets
Department. All vehicle parking, including contractors' and their employees', shall
abide by the 2 hour residential parking limitation of the area. The applicant shall
inform the contractor of this condition.
11.The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
employee units, a member of the Aspen/Pitkin County Housing Authority shall
inspect the units to determine if the units comply with the representations made in the
application.
13. Before issuance of a building permit, the applicant shall record the Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay
this fee to the City Clerk who will record the resolution.
Section 4:
In consideration of the limited area in which the applicant has the ability to replace trees on-
site and of the purposes of the Lodge Preservation Program, the City Parks Director may
accept off-site replacement or mitigation of removed trees as long as the receiving s~te is
proximate to the St. Moritz Lodge. -
Section 5:
The applicant may enter into an agreement with the City to delay payment of Water Tap
and Parks Impact fees associated with this application. This agreement shall be for a
period of time not exceeding one year after issuance of a Certificate of Occupancy for the
second phase of the development or after three years after ~ssuance of a Certificate of
Occupancy for the first phase, whichever period is less; shall include a letter of credit for
the entire amount payable to the City for the entire grace period acceptable to the City
Finance Director; and, shall include a percentage rate to accommodate the expected rate
of inflation during the grace period as determined by the City Finance Director.
Section 6:
All material representations and commmuems made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 7:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
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Section 8:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof:
Section 9:
Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of
this Ordinance to be published tn a newspaper of general circulation within the City of
Aspen no later than fourteen (14) days following final adoption hereof.
Section 10:
A public hearing on the was held on the 8th day of November, 1999, at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the stone was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 25~ day of October. 1999.
..,
~,a~3. l~ch, C~ty Clerk
FINALLY, adopted, p~sed ~d approved ~s ~ day of~9.
Approved as to form: Approved as to content:
~tto;~e~
Clerk
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AGREEMENT
BETWEEN THE CITY OF ASPEN AND MICHAEL BEHRENDT
FOR THE PAYMENT OF WATER TAP FEES
This AGREEMENT is entered into this ~l ~'~day of December, 1999, by and between the
CITY OF ASPEN and MICHAEL BEHRENDT,
WHEREAS, the City Council of the City of Aspen approved Ordinance No. 46, Series of 1999,
approving the St. Moritz Lodge Minor Planned Unit Development, Lots K, L, and M, Block4 6.,
City and Townsite of Aspen, Pitldn County, Colorado, a copy of which is appended hereto as
Exhibit "A"; and
WHEREAS, Michael Berhendt is the sole owner and proprietor of the St. Moritz Lodge; and
WHEREAS. Section 5 of said Ordinance authorizes the parties hereto to enter into an agreement
to allow Michael Behrendt to delay payment to the City of Aspen of certain Water Depatu.em
Fees for a period of time not exceeding one year after issuance of a Certificate of Occupancy for
the second phase of the development (as defined in the Ordinance), or three years after issuance
of the Certificate of Occupancy for the fkst phase (as defined in the Ordinance), whichever
period is less; and
WHEREAS, the parties hereto have negotiated the terms and conditions of said agreement and
desire to memorialize said agreement by this instrument;
NOW, THEREFORE, in consideration of the mutual prormses contained herein, and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties
agree as follows:
1. The parties agree that the amount due from Michael Behrendt to the City of Aspen for
certain Water Deparunent Fees is the sum of $27,067.00.
2. Michael Behrendt shall execute a promissory note and deed of trust in forms substantially
similar to those appended hereto as EXHIBITS "B' and "C' respectively to evidence the debt
and to secure payment of said sm to the City.
3. The City of Aspen shall, from time to time, in its sole discretion, rent accommodations
from Michael Behrendt at the St. Moritz I.oclge, at the then prevailing rates, for its guests,
employees, and prospective employees. Michael Behrendt agrees to accommodate these persons
provided that space is available at the St. Moritz Lodge. Appended hereto as Exhibit "D" is
some literature describing the accommodations that are currently available, the applicable rates,
and procedures for making reservations. Exhibit "D" may be amended by Michael Behrendt at
any time provided that they shall only have prospective effect and shall be delivered to the City of
Aspen.
4. Whenever the City of Aspen uses the St. Moritz Lodge as contemplated herein, Michael
Behrendt shall bill the City of Aspen for the total cost of the accommodations. The City of Aspen
shall thereafter credit Michael Behrendt for the proper amount of the cost of the accommodations
and reduce the amount due on the Promissory Note by a similar amount. The City of Aspen shall
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pr~e ~d se~ to Michel ~e~t pefi~ic smtemen~ of ~e re~g ~o~t due ~d ~
c~B male to hs accost. Michel ~endt my ~so request ~ issu~ce of a statement ~d
· e Ci~ of ~pen s~ ~e reasomble effo~ m prep~e ~d send said smmmenm m Michel
~endt on a ~ely bas~.
5. k is ~ed ~t ~s A~eem~t s~l be governed by, cons~ed ~d efforced ~ accord~ce
~ ~e la~ of ~e State of Colorado.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on
the date indicated hareimbove. ~ ~
CITY OF ASPEN, COLORADO
City Manager
JPW-O1/ll/OO-G:\john\word\agr\behrendt.doc
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~ DEED OF TRUST
THIS INDENTURE. Ma~is 23rd ~of December
Michael Behrendt
~h~ea~c~s~s St. Mortiz Lodge, Aspen, Colorado
p£inclpai$~mof Twenty Seven Thousand Sixty Seven ($27,067.00}
130 S. Galena, Aspen, CO 81611
St. Moritz Lodge
Lots K, L, & M, Block 46
City of Aspen, Colorado,
With all lmprovemenus
PROMISSORY NOTE
U.S. $27,067.00 Aspen, Colorado
FOR VALUE RECEIVED, the undersigned (Borrower) promise(s) to pay the City of
Aspen, Colorado, a municipal home rule governmental entity or order, (Note Holder) the
principal sum of Twenty Seven Thousand Sixty Seven U.S. Dollars ($27,067.00). Principal
shall be payable at the Finance Office, City Hall, 130 South Galena Street. or such other place
as the Note Holder may designate, payable at the rate of 7.0% per cern per annum as provided
therein.
On or before one year after issuance of (1) a Certificate of Occupancy for phase two of
the development approved by the City Council of the City of Aspen in accordance with
Ordinance No. 46, Series of 1999, or (2) three years after issuance of a Certificate of
Occupancy for the first phase of the development approved by the City Council of the City of
Aspen in accordance with Ordinance No. 46, Series of 1999; whichever event occurs first.
Payments received for application to this Note shall be applied first tO-the payment of
late charges, and the balance applied in reduction of the principal mount hereof.
If any paymem required by this Note is not paid when due, the entire principal amount
outstanding and accrued interest thereon shall at once become due and payable at the option of
the Note Holder (Acceleration). To exercise tiffs option, the Note Holder shall give Borrower
notice of Acceleration specifying the amount of the nonpayment. The Borrower shall have
thirty days after the notice of Acceleration has been g~ven to reinstate the terms of this Note, as
they were immediately before such notice, by paying the amount of nonpayment specified in
the notice of Acceleration. The privilege of reinstatement shall not, however, be available to
the Borrower more than once during any twelve-month period. Unless so reinstated the
indebtedness shall bear interest at the increased rate of 7 % per annum from the date notice of
Acceleration is given. The Note Holder shall be entitled to collect all reasonable costs and
expense of collection and/or suit, including, but not limited to, reasonable attorneys' fees.
Borrower may prepay the principal amount outstanding under this Note, in whole or in
part, at any time without penalty.
Any partial prepayment shall be applied against the principal amount outstanding and
shall not postpone the due date of any subsequent payments or change the amount of such
payments.
Presentment, notice of dishonor, and protest are hereby waived by Borrower and all
other makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and
several obligation of Borrower and all other makers, sureties, guarantors and endorsers, .and
their successors and assigns.
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Any notice to Borrower provided for in this Note shall be in writing and shall be given
and be effective upon (1) delivery to Borrower or (2) mailing such notice by certified mail,
return receipt requested, addressed to Borrower at the Borrower's address stated below, or to
such other address as Borrower may designate by notice to the Note Holder. Any notice to the
Note Holder shall be in writing and shall be given and be effective upon (1) delivery to Note
Holder or (2) by mailing such notice by certified mail, return receipt requested, to the Note
Holder at the address stated in the first paragraph of this Note, or to such other address as
Note Holder may designate by notice to Borrower.
The indebtedness evidenced by this Note is secured by a Deed of Trust dated December
23, 1999 and until released said Deed of Trust contains additional rights of the Note Holder.
Such rights may cause Acceleration of the indebtedness evidenced by this Note. Reference is
made to said Deed of Trust for such additional terms. Said Deed of Trust grants rights to the
following described property located in the City of Aspen, County of Pitkin, State of
Colorado:
Property address:
BORROWER: Michael B.ehrendt f ~ ~>r-, /
Borrowers' address: St. Moritz Lodge
334 W. Hyman
Aspen, Colorado, 81611
K'F~EP THIS NOTE IN A SAFE PLACE. THE ORIGINAL OF THIS NOTE MUST BE
EXHIBITED TO TI-W~ PUBLIC TRUSTEE IN ORDER TO RELEASE A DEED OF
TRUST SECURING THIS NOTE.
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SPECIAL WARRANTY DEED
THIS DEED, made this /~ day of~7~1999, between the BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a political
subdivision whose legal address is $30 East Main Street, Aspen, Colorado 81611 of the
County of Pitldn, State of Colorado, Grantor(s), and the CITY OF ASPEN, STATE OF
COLORADO, and whose legal address 130 South Galena Street, Aspen, Colorado 81611,
Grantee(s):
WlTNESSETH
That the Grantor, for and in consideration of the sum of TEN DOLLARS, the
receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto
the Grantee, its successors and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the County of Pit!dh, State of Colorado,
described as follows:
Lots K, L, M, N, O, P, Q, R, and S, Block 82, and all of
Block 83, City and Townsite of Aspen, County of Pitkin,
State of Colorado
Also known as Wagner Park.
Subject to the restriction that the property must be used
only for park or recreational purposes, unless specifically
approved by a vote of the qualified voters of the City of
Aspen, and also subject to the exceptions attached hereto as
Exhibit A.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof; and all the estate, fight, title, interest, claim
and demand whatsoever of the Grantor(s), either in law of equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described
with the appurtenances, unto the Grantee(s), heirs and assigns forever. The Grantor(s) for
itself, its heirs and assigns, does covenant and agree that it shall and will WARRANT
AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the Grantee(s), its heirs and assigns, against all and evew person or persons
claiming the whole or any part thereof, by, through or under the Grantor(s).
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~ ~ TE~ or provision offs q~t Cl~m Deed would o~ise violate ~e
~e ag~nst p~e~ifies or ~e ~le res~c~g res~ts on ~i~ation, such te~ or
provision sh~l automatie~ly expire ~d be of no ~ force or effect, on ~e day before
· e expiation of~eW (90) ye~ ~om ~e date offs deed.
~ ~SS ~OF, ~e ~tor(s) h~ executed ~s deed on ~e date set
fo~ above.
BO~ OF CO~Y CO~SSIO~RS
OF PI~ CO~Y, COLO~O
~L~slie J. L~Chi~ ' ~ C
STATE OF COLO~O )
CO~ OF P~ )
~e forego~g w~ ac~owledg~ before me ~s ~ ~y of ~~ , 1999
by Leslie J. L~ont ~ Ch~ of~e Bo~d of Co~ Co~ssionem ofPi~ Co~,
Colorado.
Wimps my ~d md o~ci~ se~.
My co~smon exp~es: ~ ~t~
, / /
~, ~%. ........ '~,
PIi:~,30.l~aJ8 4:5,..~1:~ STENg~T TITLE P~PF_.N NO,3~.? P,4/4
$CHBDU~ B
S~ton 2
Or~r Nv~r:
~ ~t~ arpolicle~ ~ ~ ~s~d will co~aln ~pao~ to the foll~ing uMess the s~ a~ disused of to t~
s~a~n ~ t~ Com~:
1. ~ghn ar ct~s of pa~s in ~ssession, not ~wn by ~ p~lic ~cor~.
2. ~e~m~, or cl~ of e~em~.~, ~t shown b~ th~ p~lic ~co~s.
Di~p~ltg, cantles in bouM~ line~, s~nage in area. ~ro~nts, ~ a~
~ ~ l~n of the presses ~d dl~close ~ wht~ ~ ~t s~ by t~ public r~ca~.
4, A~ l~n, or ~g~ to a lien, ~r ~e~l~. t~or or m~e~l ~reto~re ar ~re~er ~m~. Impo~td ~ law
~d n~ ~ ~ t~ p~lic
r~co~ or ~hl~g substq~nt to the ~ec~ve ~t ~re~ but prior to t~ ~te t~ pro~std ~u~ ~u~es
~ reca~ ~ ~ t~ e~ate or l~rea~ or mo~gagt thertan ~wred ~ this co~.
6. U~at~ m~lng clai~; rea'e~nns or ~cepao~ in patenn, or an a~ a~ho~ing ~ ~s~nce t~reo~'
~er ~g~s clal~ or t~le to water.
a$$ro~ria=e ao~io~ (g) will be tak~ go dl~lose or el~inate said
prior ~o ~e reoording of said do~umencs. If aaid update reveals no
~ill he deleted.
NO,Et Soli~ies issued hereunder will he suh~ec= CO :he te~S, condition,
~ ~iusions se~ fo~h ~ ~e ~TA ~992 Soli~y form. Copies of ~hl ~992
form Poli~y Janac, secc~g forth said ceos, ~oadi~ions and
will ~ made avai~able u$on re~esc.
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QUIT CLAIM DEED
THIS DEED made this ['5'"' dayof .~.p£_/,,~...-~, 1999 between
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a
political subdivision whose legal address is 530 East Main Street, Aspen, Colorado
81611 of the County of Pitkin, State of Colorado, Grantor(s), and the CITY OF ASPEN,
STATE OF COLORADO, and whose legal address 130 South Galena Street, Aspen,
Colorado, 81611 Grantee(s):
WlTNESSETH:
That the Grantor, for and m consideration of Ten Dollars and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
have remised, released, sold, conveyed and QUIT CLAIM unto the Grantee, its
successors and assigns, forever, without warranty, a non-exclusive easement which the
Grantor has in and to the real property, together with improvements, if any, situate, lying
and being in the County of Pitkin and the State of Colorado, described as follows:
1. That trail known as the Aspen Airport Business Center Trail, including but
not limited to, the easement averaging forty feet (40') in width granted to the Grantor by
the Walter R. Paepke Life Insurance Trust, Agreement #74 (76), recorded at Book 333
Page 897; a fifteen foot (15') easement as granted by the Zolines recorded at Book 335
Page 732; and a twenty foot (20') easement dedicated with the Aspen Racquet Club
Subdivision, in Plat Book 11 Page 44 and as amended in Plat Book 15 Page 61.
2. The Cemetery Lane/Castle Creek Underpass Trail, including, but not
limited to, the fifteen foot (15') easement granted by Holy Cross Electric recorded at
Book 293 Page 887 and the easement from Rocky Mountain Natural Gas recorded at
Book 293 Page 892; and including the High School Trail and the Hospital Trail.
3. An easement of twenty feet (20'), being ten feet (10') on either side of the
centerline of the paved portion of the Rio Grande Trail within the City of Aspen to Stein
Park, subject to the terms and conditions of the Amended and Restated Intergovernmental
Agreement dated June 26, 1997 (RFRHA).
4. The Lone Pine Trail and Steps, dedicated with the Lone Pine Subdivision
Plat Book 9 pages 7-8.
5. The Post Office Trail, including, but not limited to, the twenty two foot
(22') easement granted temporarily by the US Postal Service and recorded at Book 408
Pages 237-239.
I IIIIII IIIII IIIIII IIIII IIIII IIII IIIIIII III IIIII IIII IIII
4~gT12 ~1/28/2e~ '1-1:141:1 ~D DAVXS SlgVl
2 of 2 R Xe.~ D e.8e N e.~ PXTKXN COUNTY CO
Subject to ~e follo~g exertion (s):
1. ~e prope~ being conveyed ~11 be used for ~il, p~k or recreafion~
p~oses o~y ~ess spccific~ly approved by a vote of ~c qu~ificd voters of ~e CiW of
Aspen, exc~t for ~e ~o ~de Tr~l, ~e o~e~p of w~ch sh~] be deemed
ab~doncd ~d sh~l rev~ to ~e Co~W if~e ~1 use ce~es.
TO ~ ~ TO HOLD ~e s~e, toge~er wi~ ~1 ~d s~l~ ~e
~pp~en~ces md pfi~legcs ~ere~to belon~ng or in ~sc ~e~to
all ~e estate ~t, title, interest ~d cl~m whatsoev~, of thc Grmtor, eider ~ law or
equiW, to ~e o~y prop~ use, benefit ~d behoof of ~e ~tee, its successo~ ~d
~si~ forever.
~ ~ ~ or pro.sion offs Q~t Cl~m Deed would o~c~ise violate ~e
~le ag~nst pe~e~fies or ~e role rcs~cfing res~mts on ali~ation, such te~ or
provision s~l ~tomfic~ly expire ~d be of no ~er force or effect~ on ~e day before
· e expiration of meW (90) ye~s ~om thc ~te offs deed.
~ ~SS ~OF, ~e Gmtor h~ executed ~s deed on ~e date se~
fo~ above.
BO~ OF CO~ CO~ISSIO~
OF PI~ CO~TY, COLO~O
LeSlie J. Lmont,~r
STATE OF COLO~O )
CO~TY OF PI~ )
Ac~owledged befo~ me ~s I~~ day of ~mb~ ,1999, by Leslie J.
Lmon~ ~ Ch~ of ~e Bo~d of Co~ Comssioners of Pi~ Co~, Colorado.
, .~_.~ ~'~y ~d ~d offic~ se~.
2