HomeMy WebLinkAboutcoa.lu.an.Aspen Mountain Park.1981AN-AnP-/981
— Aspen Mountain Park Trade
ql5
Cam.
ORDINANCE NO. 26 `AP
(Series of 1989) _
r
AN ORDINANCE ZONING THE CENTENNIAL/HUNTER C?ER/LONE PINE
ANNEXATION AREA GENERALLY LOCATED AT THE BASE OF SMUGGLER AND RED
MOUNTAINS TO R-30 PUD, R-15A PUD, R-15A, PUBLIC, R/MFA AND R/MFA
PUD.
WHEREAS, the Centennial/Hunter Creek/ Lone Pine area was
annexed to the City of Aspen on March 24, 1989; and
WHEREAS, the Planning Office held a neighborhood meeting
with residents of the Centennial/Hunter Creek/Lone Pine area to
receive input regarding zoning of the area; and
WHEREAS, the Planning and Zoning Commission held a duly
noticed public hearings on February 21, 1989, to consider zoning
of the Lone Pine area and April 25, 1989, to consider zoning of
the Centennial/Hunter Creek area; and
WHEREAS, the City Council has considered the recommendation
of the Planning and Zoning Commission and has determined the
proposed zoning to be compatible with surrounding zone districts
and land use in the vicinity of the site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO
Section--1 -
That it does hereby zone the Centennial/Hunter Creek/Lone
Pine annexation area as illustrated on the attached map.
Section 2
That the Zoning District Map be amended to reflect the
zoning described in Section 1 and the Planning Director be
authorized and directed to amend the map to reflect the zoning
11
change. E,,, 6-11 PAGEW6
Section 3
That the City Clerk is directed upon adoption of this
ordinance to record a copy in the office of the Pitkin County
Clerk and Recorder.
Section 4
If any section, sub -section, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by and court of competent jurisdiction, such
portion shall be deemed a separate, district and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 6
---- - - A public hearing- on the -Ordinance shall be held on the -
day of 1989, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
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 A'9_,:a_A__e day of
2
*. I
.lt t
ZONING MAP ATTACHMENT TO
ORDINANCE 26 (SERIES OF 1989)
RLI&Ey SVWVISION
o
R
ev-
D
ODE CID EE
A4
OW 6
it
.1wvww,r
'A LOT 6e.
UD COMMUNITY RUSEY SUSDIYISION
CENTER (NOT INCLUDED IN
ray TtfS ANNEXATION)
SCULLY �oq',
D 0 MINTER51 11
PUBLIC LONG HOUSE
"a c,
R-15A
A I MORAN 'A ANNE . f
V40 �A�
N R/.MFA
Lu >
LONE FINE HUNTER CREEK
CONDOMINIUM CONDOMININIUMS
SCR
EE 'I IN ■;)00 FT
Tvf
CENTENNIAL
'j CONDOMINIUM
tOUNDARY TAVAATION
bl,,.,wcY mall ODA 10 A51t� A+*),l 15 1,'
O m�lw cl cwrw_
m125
MOCKLIN
'R/MFA
CI1Y OP ASPEN MC- I IA. k;Tl R-15A
-po Du, G
ol A3fv. M r— cc.."
"j6�1 oyr. c",., ol
WILLIAMS ADDI LION JANNEXATION
ACCEPTANCE FOR RECOIDI i
O4
-cox"--g— �
— ynt�-
. cme—m c
I'M 1151 M ry.f &WK J 1 - A' K
.. . .......
1AU --%, L." ■ectlic-4 W1
.
1A, ............ . ...... .
0
L
.."\SMUGGLtR ENCLAVE ANNEXATION•
LONI' PINI-1j' ANNEA-XIJON
ME
P1709 �21. PAGE 608
1989.
William L. Stirling, Mayor
ATTEST:
Kathr�nSKoch, City Clerk
FINALLY, adopted, passed and approved this day of
1989.
William L. Stirling, May r
ATTEST:
Kathryn S Koch, City Clerk
annex.cen.hc.1p.ord.zon
3
e
p �
c> �
_Ln o _
ORDINANCE NO. / `, c- m
nfi
(Series of 1989) �-' (n QD
co
c a rn
AN EMERGENCY ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN AS
REFERRED TO AND DESCRIBED IN THAT PETITION FOR ANNEXATION ELEC-
TION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY
CLERK ON JANUARY 23, 1989, C MMONLY KNOWN AS "CENTENNIAL/HUNTER
CREEK/LONE PINE" Loi I i k" � (k "I'j, 4,&"
WHEREAS, on or about January 8, 1989, that Petition for
Annexation Election of Territory to the City of Aspen commonly
known as the "Centennial/ Hunter Creek/Lone Pine" (hereinafter
"The Petition") was submitted to the City Clerk in accordance
with the provisions of the Municipal Annexation Act of 1965
(Section 31-21-101, et seg.); and
WHEREAS, the City Clerk referred the Petition to the City
Council on or about January 23, 1989; and
WHEREAS, by Resolution No. 1 (Series of 1989), passed
January 23, 1989, which resolution is incorporated herein by this
reference, found and determined that the petition was in substan-
tial compliance with the applicable provisions of Section 31-12-
107, C.R.S., and established February 27, 1989, at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, as a date, time and
place to hold a hearing to determine if the proposed annexation
complies with applicable parts of Sections 31-12-104 and 31-12-
105, C.R.S.; and
WHEREAS, said hearing was duly noticed as required by
Section 31-12-108, C.R.S.; and
r'
WHEREAS, a hearing was conducted on the petition on February
28, 1989, pursuant to Section 31-12-109, C.R.S., and upon
completion of the hearing, the City Council, by Resolution No. 7
(Series of 1989), set forth its findings of fact and its conclu-
sion based thereon that the requirements of the applicable parts
of Sections 31-12-104 and 31-12-105, C.R.S., have been met; that
an election was required under Section 31-12-107(2), C.R.S.; and
that additional terms and conditions are to be imposed with
respect to said annexation as set forth in the resolution; and
WHEREAS, pursuant to Section 31-12-112, C.R.S., the District
Court of Pitkin County was petitioned to hold an annexation elec-
tion; and
WHEREAS, Ron Mitchell, Michael Kinsley and Debbie Ayers were
appointed as election commissioners in accordance with the Order
of the District Court of Pitkin County, dated February 28, 1989,
which order is incorporated herein by this reference; and
WHEREAS, on March 24, 1989, the election commissioners held
an annexation election on the petition pursuant to Section 31-12-
_ 112, C.R.S., and-a_majority-,of the qualified electors voted-n-for
annexation" by a vote of one hundred forty-one votes to fifteen;
and
WHEREAS, the election commissioners, on March 27, 1989,
filed an "Election Commissioners Report" with the District Court
of Pitkin County, certifying the results of the annexation elec-
tion; and
2
Boos
WHEREAS, on March 27, 1989, the District Court of Pitkin
County issued its Order, Judgment and Decree, incorporated herein
by this reference, permitting the City of Aspen to, by ordinance,
annex the Centennial/Hunter Creek/Lone Pine area; and
WHEREAS, pursuant to Section 31-12-111, C.R.S., the City
Council desires to annex the area proposed in the aforesaid
Annexation Election by ordinance; and
WHEREAS, time is of the essence in order to permit those
qualified electors in the proposed annexation area to participate
in the City of Aspen General Election to be held May 2, 1989; and
WHEREAS, the City Council hereby determines that affording
those qualified electors residing in the annexation area the
opportunity to participate in the May 2, 1989, General Election
is necessary for the preservation of the public health, peace and
safety of the City of Aspen within the meaning of Section 4.4 of
the City Charter and desires to adopt this ordinance as an
emergency measure.
NOWT -_THEREFORE, BE-- IT- ORDAINED---RY-T-iE--C-TTY-COUNC-M-OFF-'THE- --
CITY OF ASPEN, COLORADO:
Section 1
That tract of land described in the petition for annexation
of territory to the City of Aspen, commonly known as
Centennial/Hunter Creek/Lone Pine, which petition is hereby
incorporated herein by this reference, and as shown on the
3
BOOK
annexation map thereof and more particularly described as fol-
lows, is hereby annexed to the City of Aspen, State of Colorado:
The Centennial/Hunter Creek Annexation is comprised of lands
and subdivisions within the West half and within the South-
east Quarter of Section 7, Township 10 South, Range 84 West
of the Sixth Principal Meridian, Pitkin County, Colorado,
more particularly described as follows:
Beginning at the center of said Section 7, a 1978 brass cap,
whence a special purpose monument, a brass cap, bears N
67°21' W 2.64 feet;
thence S 88"53'06" E 223.64 feet to the intersection with
the boundary of the Centennial Subdivision;
thence along the boundary of the Centennial Subdivision the
following courses and distances:
N O1*02142" E 0.76 feet,
S 89*03112" E 34.61 feet,
S 87*59139" E 52.99 feet,
S 34*18125" E 1350.00 feet,
S 55*41135" W 241.73 feet,
S 47*37125" E 48.47 feet,
S 40°28'10" E 59.52 feet,
S 05*58123" W 224.13 feet,
S 46*05125" W 65.00 feet,
N 43*54135" W 90.00 feet,
N 55*12117" W 158.35 feet to the intersection with the
boundary of the Smuggler Enclave Annexation;
thence along the boundary of the Smuggler Enclave Annexation
the following courses and distances:
N 52*47148" E 188.36 feet,
N 54°34155" W 64.87 feet,
N 89°25142" W 98.00 feet,
N 81`23142" W 183.42 feet,
N 63*44145" W 168.04 feet,
S 8905712211 W 304.-3-4-- feet to the --intersection with the
boundary of the Williams Addition Annexation;
thence along the boundary of the Williams Addition Annexa-
tion the following courses and distances:
N 78*25115" E 35.66 feet,
N 00°40'00" E 54.30 feet,
S 89°20100" E 125.00 feet,
N 00°40'00" E 88.00 feet,
S 89°25100" E 74.00 feet,
N 02*381001, W 60.10 feet,
N 89*201001, W 27.40 feet,
N 00°40'00" E 170.82 feet,
S 86*531001, W 83.61 feet,
S 62°31144" W 96.07 feet,
4
N 89°20100" W 103.61 feet,
N 00*53155" E 42.93 feet,
N 86°53'00" E 27.89 feet,
N 00°40'00" E 50.11 feet,
S 66*53100" W 101.29 feet,
74.73 feet along the arc of a curve to the left having a
radius of 334.30 feet and whose chord bears S 80*28146" W
74.57 feet,
N 89*201001, W 95.53 feet,
S 00*40100" W 46.01 feet,
46.29 feet along the arc of a curve to the left having a
radius of 334.30 feet and whose chord bears S 51*51128" W
46.25 feet,
N 89*20100" W 239.56 feet,
S 15°31127" E 331.52 feet,
S 05*24102" W 26.79 feet on a closing line to Corner 89 of
the North Annexation;
thence along the North Annexation the following courses and
distances:
N 60*571001, W 297.90 feet to corner 88,
N 75'00100" W 194.50 feet to corner 87,
N 75°09100" W 102.70 feet to corner 86,
N 45*39100" W 197.30 feet to corner 85,
N 56*241001, W 114.10 feet to corner 84,
S 68*241001, W 102.30 feet to corner 83,
N 86*25100" W 95.80 feet to corner 82,
N 03`051001, W 295.20 feet to corner 81,
N 58*051001, W 412.50 feet to corner 801
West 253.60 feet to corner 79,
S 73*021001, W 366.20 feet to corner 78,
thence S 73*0210011 W 23.14 feet to the intersection with the
easterly boundary of the Aspen Center for Environmental
Studies;
thence along the boundary of the Aspen Center for Environ-
mental Studies the following courses and distances:
N 02"00100" E 84.92 feet,
N _6.4 °.2.7.' 00"_._.W_-115. 50 feet,
N 05*27100" W 63.32 feet,
N 40°30'00" E 144.50 feet,
N 20*251001, E 162.53 feet to the intersection with the
boundary of a tract of land described in Book 348 at Page
951;
thence along said boundary described in Book 348 at Page 951
the following courses and distances:
S 88°56'30" E 149.93 feet,
N 64*00100" E 84.13 feet,
S 08°00'00" E 36.88 feet,
S 32*05158" E 71.36 feet to the former westerly right-of-way
line of the Denver and Rio Grande Western Railroad,
5
N 08*00100" W 111.40 feet along said boundary and along said
right-of-way line;
thence departing said boundary N 64°09117" E 105.41 feet on
a closing line across said right-of-way to the northwest
corner of a tract of land described in Book 234 at Page 268;
thence along the boundary of said tract on a curve the chord
of which bears N 68*02104" E 296.19 feet to northeast corner
of said tract;
thence N 72*31154" E 53.29 feet on a closing line along
Hunter Creek and across Red Mountain Road to the westernmost
corner of the Rubey Subdivision;
thence along the southerly boundary of the Rubey Subdivision
and along Hunter Creek the following courses and distances;
N 73*07100" E 74.42 feet,
N 78'56'00" E 112.08 feet,
N 68*18100" E 96.00 feet,
S 46°31'00" E 62.46 feet,
S 33*221001, E 98.18 feet,
S 856151001, E 68.68 feet,
S 25*01'00" E 82.76 feet,
S 15°10'00" W 75.60 feet,
East 40.38 feet,
N 73°24'00" E 26.14 feet,
S 33'23124" E 42.51 feet,
S 51*01'41" E 59.93 feet,
S 86*14113" E 201.69 feet,
N 68°18'00" E 60.91 feet,
N 61642'00" E 43.17 feet,
N 57°06'00" E 43.87 feet to the westernmost corner of Lot 6
of said Rubey Subdivision;
thence along the Southerly boundary of said Lot 6, the
following courses and distances:
S 61°49'00" E, 601.25 feet,
S 89020100" E, 240.33 feet,
S 01*02142" W, 1.63 feet,
S 88*48136" E, 2.68 feet to the centerline of said Section
71rN 00.5912411 E, 234.03 feet along said centerline to the
center of said Section 7, the point of beginning.
Section 2
The City Council hereby finds that affording those qualified
electors residing in the annexation area the opportunity to
participate in the May 2, 1989, General Election is necessary for
the preservation of the public health, safety and welfare within
2
r-t). -Q
e,QOH 0J L .r-u-10
the meaning of Section 4.11 of the City Charter and, therefore,
deems it necessary to pass this ordinance as an emergency measure
for such purposes.
Section 3
The aforesaid annexation shall become effective in the
manner prescribed in and immediately upon compliance with the
requirements of Section 31-12-113, C.R.S., and upon passage of
this emergency ordinance.
Section 4
The City Clerk of the City of Aspen is hereby directed as
follows:
(a) To file one copy of the annexation map with the origi-
nal of the annexation ordinance in the office of the City Clerk
of the City of Aspen.
(b) To certify and file two copies of this annexation
ordinance and of the annexation map with the Clerk and Recorder
of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to
file one certified copy of this annexation ordinance an&_of the
annexation map with the Division of Local Government of the
Department of Local Affairs.
Section 5
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
7
BOR 5A mGE68?
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 6
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinance.
Section 7
This ordinance shall take effect upon final passage and
shall be published within ten (10) days after final passage, or
as soon thereafter as possible, in accordance with Section 4.11
of the City Charter.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the _� day of
1989.
. J'"""'• William L. Stirling, Mayor
6L*EST : ^c;y
Kathryn Kpch, City Clerk
AT.� adopted, passed and approved this - 9� day of
1989.
William L. Stirling, Mayor
8
Kathryn S'
4
City Clerk
E
ORDINANCE NO. / "`' } `•~
a'
(Series of 1982)
AN ORDINANCE ADOPTING THE PRECISE PLAN FOR THE
ASPEN MOUNTAIN PARK SPECIALLY PLANNED AREA
WHEREAS, the property described in Exhibit "A" attached here-
to and incorporated herein (hereinafter known as "the Property")
is presently owned by the Aspen Mountain Park Partnership (herein-
after known as "A.M.P.") and is designated on the Zoning District
Map of the City of Aspen, Colorado, as SPA (Specially Planned
Area), and
WHEREAS, the designation of the Property as a specially
planned area was a recognition by the City of its size and unique
importance to the community as an area of employee housing and the
designation was intended to allow for flexibility in the develop-
ment of said property, and
WHEREAS, A.M.P. has submitted an application to the City of
Aspen which requests adoption by the City of a precise development
plan for the Property, including the establishment of permitted
and conditional uses, allowable densities and other matters per-
taining to the zoning regulations for the land and structures
located on the Property, and
WHEREAS, it is the policy of the City of Aspen that the
establishment-of-_permitted--and--conditional--uses- ...and .-allowable--den-_.._..__.___.__.___-
sities and other matters pertaining to the zoning regulations for
the land and structures located on the Property should not be
granted absent the imposition of conditions which require that the
development and use of the Property shall have no significant
adverse impacts on the adjacent land owners, stream and air qual-
ity, road congestion and wildlife, and shall be consistent with
the adopted master plan and the general public interest, and
I
WHEREAS, the Property constitutes one ofYthe `most significant
concentrations of housing for the employees of the City of Aspen,
and
WHEREAS, the City of Aspen does wish to take steps necessary
to preserve the Property as a location of housing for the
employees of the City of Aspen and to provide a mechanism by which
the existing residents of the Property may purchase the land on
which their houses reside, and
WHEREAS, at a public hearing on July 28, 1981, the Aspen
Planning and Zoning Commission did consider an application by
A.M.P. for preliminary plat subdivision of the Property, including
the approval of a precise plan for the Property, and
WHEREAS, the preliminary plat did indicate that the Property
would be divided into four parcels, with Parcel A, consisting of
9.144 acres being zoned MHP, Parcel B, consisting of 0.346 acres,
t
being zoned R-15, Parcel C, consisting of 1.904 acres, being zoned
i
MHP, and Parcel D, consisting of 0.41 acres, being disconnected
from the City of Aspen as a gift deed to the County of Pitkin,
and
WHEREAS, in a resolution of the Aspen Planning and Zoning
Commission approved on August 4, 1981, the Commission did approve
t
the preliminary plat as the precise plan for the Property and did
- recommend that City Council -adopt- a final prat meeting - the -cond i-
tions of their preliminary plat approval, which plat shall be con-
sidered the adopted precise development plan for the Property,
and
WHEREAS, the City Council does desire to accept the recom-
mendations of the Planning Commission and adopt the Aspen Mountain
Park final plat as the precise plan for the Property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
2
RECORD OF PROCEEC
Section 1
'`G ;sue 3-At --yak
The precise development plan for this specially planned area
is hereby adopted, with said adoption being limited to permitted
and conditional uses, allowable densities, and other matters per-
taining to the zoning regulations, all in conformity with this
ordinance, with the reservation of all other planning and zoning
matters which contribute to the development and use of the Pro-
perty as a whole to separate consideration and approval as part of
final subdivision approval. The final subdivision plat and agree-
ment are attached hereto and incorporated herein as Exhibit "B".
Section 2
The permitted and conditional uses and allowable densities
for the Property shall be as follows:
1. Parcel A shall be subject to the use and density regula-
tions of the MHP zone district as described in Chapter 24 of the
Aspen Municipal Code (as now exists or may hereafter be amended).
2. Parcel B shall be subject to the use and density regula-
tions of the R-15 zone district as described in Chapter 24 of the
Aspen Municipal Code (as now exists or may hereafter be amended).
3. Parcel C shall be subject to the use and density regula-
tions of the MHP zone district as described in Chapter 24 of the
Aspen Municipal Code (as now exists or may hereafter be amended).
4. Parcel D shall be subject to the use and density regula-
tions of the County of Pitkin, Colorado.
Section 3
Any features of Parcel A which remain nonconforming as to the
zoning and mobile home regulations of the Aspen Municipal Code
after the completion of the activities and improvements contem-
plated under the auspices of the final subdivision plat and agree-
ment shall be eliminated at such time and form provided by the
3
� y
RECORD�fOF PROCEEDIfYGS, f eav
abatement schedule, attached hereto 'and incorporated herei s
Exhibit "C", provided, however, that any features of ParcelA�
which cannot be reasonably abated due to the already developed
nature of the parcel may remain as nonconforming.
Section 4
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall
not affect the validity of the remaining portions thereof.
Section 5
A public hearing on the ordinance shall be held on the
day of � Q� , 1982, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which
hearing notice of the same shall be published once 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 day of
1982.
Arma.del, Mayor
ATTEST:
Kathryn �SK, ch, City Clerk
FINALLY adopted, passed and approved on the _✓o day of
1982.
He an Edel, Mayor
ATTEST:
4atyn SKocn, City 1
4
t
9k
�' r6-1 R'•e
4+,
► d����
7P1R
sY
z
1.5
� v
.r $
•_ i 1 � i r7 � �'Y, 'i Est_. , ^ _ � . a. ` i
� , 7J a ^ice 'K:� yt
im
y7�<t tT, 'l yc 'r kS " N� /" Ns._ ••
r r•e. to r d }i }4ato' yte� C4 ate,. > `t
_ � b�i..'a.z i ¢•.. i3:� 5� t , �.�.. 1. �. ` 4 "•^: � � 6. i �'R"t v ��S�
L�''�€ i!`. ',i,'cs,�L3ggr an�,a e�"�� t ,�.nifi+� "'•ri„�' � NON
a� s }Y � � �.'�.yr' ,-. -F a: •; � � 'fit` "_',�tw � � -� +,
r �: v w ,�i�`i•
i� "�' ',�v` i ?I. � i, t � - i- c � y ,{�:,� `� i h '.-ry, i... 24t,.•� i M iu�< �' -
•+,�'eq' O`� ie pTiiv�w"+.w4 `•F '�36 • i•
SG �� z�'�7A't`� r:.! � �rr,�"'!: ` } �•�1�� /t 'z y.� ,
�(jr y:•{ a+w-,._ v�+�4-4� t' t � �.��`
'! -
�, �• �iy .. k � •' �� � � "�•
r4a
f Y,
X,sa^:�;�S_
4i � � � � ~+ Si � ; i4 °�;� F� �i+}i•.x .fa i .•,� r ��!"#"�6`�0r••
R
:iC!l:.
tY 'i' Sim �.;w i Y B.. LA
! )
�� Y,
All,
i4jt+
`
.'e ,��r -•� A4 � t�' L �Y^� t trx
'r��E 'rr., t s,'1
�'_` .y_.+';
Mp t M6 2
'y�':.A -�` '�i � � .f'rL.' p�r!t dh, ;:.c � i'� -•-�
;. .: t.-
f
S sire
1
.. tip
H
_
'
- 4
STATEMENT OF SUBDIV
NOTE AND GRANT Of EASE
----------
-j
A
la$42 -w5 00
-,,W'2542•t
4A
D PARCEL D
42
74 5f DEEDED
PITKIN COUNTY
Q 40-2 MZCK"F-,p 4J E
I lip aT I AS J70ll`=
77 F a Ar
5TAT Of QAORADD
COMMON .56 COUNTY OF PMON
OreN ;P,
5 Acr < .'%.
45 63 .1
.36-,orr �C, gC H ;MA
1159
79
61 . /.E Al k S
28 46 1 N, CITY ENGINEER'S AN
.52 80//
84 30 4Y ---61 Ie.i
-63 81 y—w
48
6A
82
49
.155 XCKE5 eo 65 83
3 /\ PLANNING AND ZOP
9
66 PARKS APPROVAL
51 COMMISSION APPRC
20 14
2/ x 67
52
0 4
3 1, 1 68
53
1 22 36 59
23
5 3/ 54 RECORDING CERTIFICATE ASPEN CITY COUNCI
55 11: .: •IF, I—.
• 6 24
25 39 Ilk,
PROPERTY DESCRIPTION I�D -1011-
26 • 41
GIMBSON
8 a EASEMENTS
4 1.•�P 87
Z
12
EA-'lEMrNT 15 AI 1.
86
IL 112 -
A
CEL E AA M EN T C-
5
tel zo 250n
Alpine Surveys
D1.11. -TO a -A:
Nijt4 I
A
—T,.,
SPRUCE STREET EASEMENT
VICINITY MAP
I Mo llF T�
FINAl, SUBDIV1501,
SMUGGLER M061LE
01
XMIMM
sAN,ORDIN-ANCE ,ZbNING_,THE SMUGGLER ENCLAVE ANNEXATION WHICH LAND
HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO
ORDINANCE NO. 35, SERIES OF 1979, AND THE COLORADO
MUNICIPAL ANNEXATION ACT
i'
WHEREAS, the City Council has recently annexed the Smuggler
Enclave annexation to the City of Aspen and is therefore required,
by the Colorado Municipal Annexation Act, to zone the same within
90 days of the effective date of the annexation proceedings, and
WHEREAS, the Aspen City Council desires that the area should
be appropriately zoned such that a portion is 0 (Office), a por-
tion is RMF (Residential Multi -family), a portion is R-15 (Resi-
dential), a portion is SPA (Specially Planned Area) and the re-
mainder is zoned R-15-A (Residential).
i.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
For the purposes of this ordinance the "Smuggler Enclave
Annexation" means and includes the property described in Exhi-
bit "A" attached hereto.
Section 2
That from and after the effective date of this ordinance the
following described property shall be zoned O (Office), and sub-
ject to those zoning regulations applicable to said zone district
and--_described-.in._Chapter-221-of- the- Aspen --Municipal- Code-tas--now-- --- —
exists or may hereafter be amended):
That portion of the Smuggler Enclave Annexation lying
westerly of Original Street, said portion being wholly
within Block 28, East Aspen Townsite.
Section 3
That from and after the effective date of this ordinance the
following described property shall be zoned RMF (Residential
asaid zo�n �x`cta4 x&P�ae Aspen d
� "�, - Mvnzcipal�Code (a�s�w��sxs�`s sgr�^lmap �e°xeafter-bedamended) .
}That-pot3S5t1a6of the�nuggber Enclave Annexation lying
neasterly.of OriginalStreetand southerly and westerly
of the Roaring Fork River, said portion being wholly
within Block 27, East Aspen Townsite.
Section 4
That from and after the effective date of this ordinance the
following described proeprty shall be zoned R-15 (Residential),
i
and subject to those zoning regulations applicable to said zone
district and described in Chapter 24 of the Aspen Municipal Code
(as now exists or may hereafter be amended):
That portion of the Smuggler Enclave Annexation described as
follows:
j, A parcel of land situated in Section 7, Township 10
South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado, said property being all of
Block 1, Alpine Acres Subdivision as described:
Beginning at a point, said point being N 34*47143" E,
59.34 feet from Corner #10 of the East Aspen Addition;
thence N 34*47143" E, 223.11 feet; thence S 48"50117" E,
411.65 feet; thence S 37"48115" W, 292.05 feet; thence N
66"09'00" W, 160.40 feet; thence N 23°44'00" W, 277.05
feet to the point of beginning.
Section 5
That from and after the effective date of this ordinance the
following described property shall be zoned SPA (Specially Planned
Area), and subject to those zoning regulations applicable to said
zone district and desribed in Chapter 24 of the Aspen Municipal t
Code (as now exists or may hereafter be amended):
That portion of the Smuggler Enclave Annexation described as
A tract of land situated in a portion of the East Aspen
Townsite, the East one-half of the Southwest one -quarter
and the West one-half of the Southeast one -quarter of
-2-
-- . _ - �-..�.-,.�Y:w-'� 's, _ �.i ;.,..........3a�� �--- ` �a:•4 _.... _._.. >.,... fix.:. :; ... -.- . ,....
f WR �
rncsut, a oraekt a Q of the East Aspen Townsite;
u' orNO
Fdest` SS l0 , feet; to Corner No. 11
a_ asp
" en -Townsite
h ice A th 66°11' 00. West_ 142.=33 feet;
�r thence.North 05°10142' West 114.35 feet to Corner No. 16
`of`'s is East'Aspen Townsite
thence North 44°29'22" West 312.67 feet to Corner No. 25
of said Ea"st Aspen Townsite along the Northerly boundary
of parcel of land described in Book 205 at Page 579,
Pekin -County records;
thence North 45012'59" West 128.83 to Corner No. 24 of
Ii Rom_ said East Aspen Townsite along a portion of said
i Northerly boundary;
thence North 24005124" East 139.28 feet;
r thence North 37°11'41" East 20.25 feet;
thence South 44035'50" East 12.15 feet;
thence North 29°03'05" East 102.32 feet along an
existing fence and extension thereof;
thence South 4.08 feet;
thence North 37011'41" East 154.57 feet;
thence North 78025'15" East 77.68 feet;
thence North 89°57'10" East 303.99 feet along boundary
line described in Book 280 at Page 827 and re -recorded
in Book 280 at Page 965, Pitkin County records;
thence South 63°44'45" East 168.08 feet along said
boundary line;
thence South 81023'42" East 183.42 feet along said
boundary line;
thence South 89°25'42"East 98.00 feet along said
boundary;
thence South 54034'55" East 64.87 feet along said
boundary line;
thence South 52°47'48" West 188.36 feet to Corner No. 5
of said East Aspen Townsite;
thence South 34055118" West 760.18 feet to the point of
beginning.
It is the purpose and intent of the City Council to reclass-
ify the above -described parcel within 90 days after the effective
date of this ordinance and that the SPA (Specially Planned Area)
designation be and hereby is considered a temporary holding zone.
Section 6
That from and after the effective date of this ordinance the
following described property shall be zoned R-15-A (Residential),
and subject to those zoning regulations applicable to said zone
district and described in Chapter 24 of the Aspen Municipal Code
(as now exists or may hereafter be amended):
That remaining portion of the Smuggler Enclave Annexa-
tion which has not been zoned by Sections 2, 3, 4 or 5
hereof.
-3-
OWy¢am�' ik'..`M`,�
- c , M6 ion� `"
n sentence, clause, phrase or ._* _ ..
"orafhis ordinance is for any reason held invalid or
i,
�. ncons2nional -by"any -court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
'provision of such holding shall not affect the validity of the
remaining portions thereof.
Section 8
That a public hearing be held on this ordinance on the o?�
day of _,�2 1979, at 5:00 P.M. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen
i
(15) days prior to which hearing notice of the same shall be pub-
lished once within a newspaper of general circulation within the
City.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen, Colorado, at its regular
meeting held on the /L� day of
I: 1979. v
rl
I I
.I
I Her Edel
Mayor
ATTEST:
Kathryn S Koch
City Clerc
i
FINALLY adopted, passed and a � pproved on the � day of i
1979.
I
ATTEST:
Kathryn S och
City Cler
a�d:• s* r" 10 4I 'i E i is to cor�euo 93�
i, ."r.er no.
S '34-� �1 fee �tof me o. 95; hence S 42.59' E,
iH 9-feet to "NA orneY -.c. 96; thence S 33g36' E, 73.2 feet
to "NA" corner.no. 97; thence S 22*00' E, 54.7 feet to "NA"
corner no..98; thonce departing Gibson Avenue and continuing .
along the north annexation along Neale AvPlnue S 23"42' W, 253.8
feet to "NA" corner no. 99; thence S 26°02' W, 125.9 feet to
"NA" corner no. 100; thence S 40006' b9, 81.4 feet to "NA" corner
no. 101; thence S 44°12' W, 108.6 feet to "NA" corner no. 102;
thence S 47*36' W, 188.2 feet to "NA" Forner no. 103; thence
S 58008' 19, 44.3 feet to "NA" corner no. 104; thence departing
from Neale Avenue S 69*51' E, 190.1 feet to "NA" corner no. 105;
thence S 89°20'20" W, 599.0 feet to East Aspen Townsite corner
no. 8; thence along the northerly boundary of the East Aspen
Townsite boundary as recorded in Book 2 at Page 8, Pitkin County
Clerk and Recorder's Office, S 69020120" E, 722.87 feet to East
Aspen Townsite corner no. 9; thence S 74*12' E, 365.69 feet to
East Aspen Townsite corner no. 10; thence departing the East
Aspen Townsite boundary N 42040' E, 196.96 feet along the River-
side Annexation to the City of Aspen as recorded in Ditch Book 2A
at Page 284, Pitkin Country Clerk and Recorder's Office to a point
on the southerly boundary of the Brownell Annexation to the Citj
of Aspen as recorded in Plat Book 4 at Page 89, Pitkin County
Clerk and Recorder's Office; thence N 45°00' W, 74.60 feet
along the Brownell Annexation; thence S 34*45' so, 121.86 feet
along the Brownell Annexation; thence N 13°46' E, 58.32 feet
more or less to the southerly corner of the Fothergill and
Cutting Annexation to the City of Aspen recorded in Plat Book 4
at Page 201, Pj.tkin County Clerk and Rec:orner's Office; thence
following the rothergill and Cutting Annexation boundary N.73'
29' W, 158.70 feet; thence S 13°46' W, 34.65 feet; thence
N 43*43' W, 119.73 feet; thence N 22154' E, 68.03 feet; thence
N 63°18'30" i, 83.92 feet; thence N 66*21' W, 42.12 feet;
thence N 34045' E, 93.75 feet; thence S 66°21' E, 112.95 feet
more or less to the point of intersection with the westerly
boundary of the Brownell Annexation; thence N 23°51' E, 144.5G
met along the northwesterly boundary oZ the Brownell Annexation;
thence S 66009' E, 311.85 feet more or less along -the norrt riy
boundary of th,� Brownell Annexation and the southwesterly boundary
of Alpine Acres Annexation to the City of Aspen as'recorded in
Plat Book 5 at Page 64, Pitkin County Clerk and Recorder`s Office,
to a point of intersection with the northwesterly boundary of the
Anthony Berumen Annexation to the City Df Aspen as recorded in
Plat Book 3 at Page 108, Pitkin County Zlerk and Recorder's Office;
thence N 37°48;15" E, 292.,05 feet along the northwesterly boundary
of Anthony Berumen Annexation and the southeasterly boundary of
Alpine Acres Annexation.; thence N 48°50'17" W, 411.65 feet;
thence N 34055118" E, 477.73 feet more or less to corner no. 5 of
the Aspen Townsite Addition as recorded in Ditch Book 2A at Paga 24
thence N 52147148" r, 188.36 feet; thence N 54°34'55" W, 64.87 feet
thence N 89°25'42" W, 98.00 feet; thence N 81"23'42" W, 183.42
feet; thence N 63°44'45" W, 168.08 feet; thence S 89°57'10 W,
303.99 feet; t;ience S 78°25'15" W, 77.68 feet; thence S 37°11'41" W
i54.57 feet; thence North 4.08 feet; thence S 29003105" W, 102.32
feet; thence N 44135'50" W, 12.15 feet; thence S 37"11'41" W,.
20.25 feet; thence S 24°05'24'' W, 108.65 feet to the point of
beginning.
soot
SAM ZTGx GL Eq,I2 ISNCL AV
A16N NEq. XAprIoN
I
OI ASr[M IrDY.�
Tw13 S�YOfL [[ [xCt1v[ wC . [D fv
1F( CITv COYXCIL, Clll 0/•TF • OY
c—T, / COIOM•OO, f, OIroIF•xC[ x0 �ft '
MiilD Tx{ // M p•v W � a~-�jy— iri{
cLiL_�14cw�Lc_�:T"'cL
Txlf IL1T •tl /IL[D Io[ (C COID IN Jo Al yfl�(L OI lnl CLlI1R
O�CIxLL � 01, r •T 7F.fi�[ YL lllo�
�[lT7G�
c x`d�`i rr cilll( (Fo R[co{u
l•a.I�" >�l A
oz�> I N ktA C�
ORDINANCE NO ; J*- yF�'
(Series of 1982)
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ASP RELATIVE•'TO"''•�_
THE APPLICATION OF ASPEN MOUNTAIN PARK, A COLORADO GENERAL
PARTNERSHIP, FOR THE DISCONNECTION OF A TRACT OF LAND FROM THE '
CITY OF ASPEN AND DISCONNECTING SUCH TRACT FROM THE CITY OF ASPEN
WHEREAS, on February 24, 1981, Aspen Mountain Park, a Colo-
j rado general partnership, did file with the City Clerk and thereby
i
did make application to the City Council of the City of Aspen,
i Colorado, for the disconnection of a tract of land, which applica-
tion is hereto annexed as Exhibit "A", whereby the real property
more particularly described in the said application is sought to i
oe disconnected from the City of Aspen; and
WHEREAS, the property described in the said application lies '
S
j within and adjacent to the boundary of the City of Aspen; and
WHEREAS, the City Council of the City of Aspen is of the
opinion that the best interests of the City will not be prejudiced
by the disconnection from the City of the real property described
I
in the said application in that, inter alia, such disconnection
has been applied for in connection with a land use proposal con-
cerning a tract of property of which the real property to be dis-
connected is a part, which land use proposal has sought to pre-
serve a significant source of employee housing within the City.
NOW, THEREeORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE i
i
CITY OF ASPEN, COLORADO.
Section 1
The tract of land more particularly described in the Applica-
tion for Disconnection of Territory from the City of Aspen, hereto
annexed as Exhibit "A" is hereby disconnected from the City of
Aspen, whicn disconnection shall become effective immediately upon j
Ithe filing hereof in the records of the County Clerk and Recorder
Glass told Council COG will publish an energy resource directory this month. Under water
quality, Congress reauthorized the federal clean water act for 2.4 billion to provide money
for continued water quality management planning. The .thrust of COG is the transmountain
water diversion and legal battles. The 404 program is the Army Corps of Engineers dredge
and fill project. COG initiated a water conservation program in Pitkin County with 208
funds and have installed 764 pairs of toilet dams, 890 shower heads, 1235 aerators.
COG will have brief on reapportionment in the packet this month. Pitkin County has been
impacted by the reapportionment decisions. COG has a new program in telecommunications.
(Councilwoman Michael came into Chambers). COG plans to be active on the Governor's call
on state sewer and water funds, the severance tax, housing authority, social services
delivery system.
Mayor Edel said that Tom Glass runs the best COG in the state. Council reappointed Counci:
man Parry as the COG representative.
ORDINANCE #1, SERIES OF 1982 - Aspen Mountain Park SPA
Alan Richman, planning department, told Council this ordinance adopts the precise plan for
SPA for Aspen Mountain Park. Richman showed Council the final plat, the issues of this
final plat will be dealt with at the first meeting in February. This ordinance gets this
moving into the process. The details later will be what is proposed, the improvements,
etc. This is under review by the staff. Ordinance #3, Series of 1982, zones Pitkin
Reserve to basically the same density as it is now in the county.
Councilman Parry moved to read Ordinance #1, Series of 1982; seconded by Councilwoman
Michael. All in favor, motion carried.
ORDINANCE #1
(Series of 1982)
AN ORDINANCE ADOPTING THE PRECISE PLAN FOR THE ASPEN MOUNTAIN PARK
SPECIALLY PLANNED AREA was read by the city clerk
Councilman Parry moved to adopt on first reading Ordinance #1, Series of 1982; seconded by
Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Parry, aye; Michael,
aye; Knecht, nay; Mayor Edel, aye. Motion carried.
Councilman Parry moved to read Ordinance #2, Series of 1982; seconded by Councilwoman
Michael. All in favor,'motion carried.
ORDINANCE #21
(Series. of 1982A
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO THE
APPLICATION OF ASPEN MOUNTAIN PARK, A COLORADO GENERAL PARTNERSHIP,
FOR THE DISCONNECTION OF A TRACT OF LAND FROM THE CITY OF ASPEN AND
DISCONNECTING SUCH TRACT FROM THE CITY OF ASPEN was read by the city clerk
Councilman Parry moved to adopt on first reading Ordinance #2, Series of 1982; seconded
by Councilwoman Michael. Roll call vote; Councilmembers Knecht, nay; Michael, aye; Parry,
aye; Collins, nay; Mayor Edel, aye. Motion carried.
Councilman Knecht moved to read Ordinance #3, Series of 1982; seconded by Councilman Parry.
All in favor, motion carried.
ORDINANCE #3
(Series of 1982)
AN ORDINANCE ZONING THE PITKIN RESERVE ANNEXATION WHICH LAND WAS ANNEXED TO
THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 67, SERIES OF 1981, AND THE
COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk
Councilwoman Michael moved to adopt Ordinance #3, Series of 1982, on first reading;
seconded by Councilman Parry.
Kay Reid asked is there is any change from what has previously been seen. Richman answer
this is the same as what what presented at the preliminary plat public hearing at P & Z.
Roll call vote; Councilmembers Michael, aye; Parry, aye; Collins, nay; Knecht, nay; Mayor
Edel, aye. Motion carried.
ORDINANCE 486, SERIES OF 1981 - Rezoning Forest Service
Mayor Edel opened the public hearing. Alan Richman, planning office, told Council this
ordinance is bringing the zoning to order with what is occurring on the city. Through
this the city will get a comprehensive plan. Mayor Edel closed the public hearing.
Councilman Knecht moved to adopt on second reading Ordinance #86, Series of 1981; seconded
by Councilwoman Michael.
Councilwoman Collins asked if the city had a precise plan. Richman said once this is
rezoned to SPA, the forest service will come to P & Z with a precise plans; they are
willing to do this.
Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael, aye; Parry, aye;
Mayor Edel, aye. Motion carried.
ADDENDUM:
1982 DISCONNECTION
Unlike the 1977 Riverside Parcel De -annexation, there was no officially recorded
disconnection map on file for this ordinance. The parcel in question (less than half an
acre in the Smuggler Trailer Park) was deeded to the county, and a plat was located (at
the County Clerk's) recording the transaction, and is contained herein. A, February 25,
1982 Aspen Times article also refers to the disconnection for "use by the county for a
road."
A 1983 city zoning district map appears to acknowledge the deeded parcel as belonging
to the county. The area in question had been adjusted (by liquid paper) to reflect the
parcel as outside the city limits. This map is also included.
Further, the annexation map on file for Centennial/Hunter Creek, which was annexed via
Ordinance 15, 1989, indicates that the parcel in question was part of the Smuggler
Enclave annexation. However, the Smuggler annexation occurred in 1979 (via
Ordinance 35), and takes place a full three years prior to the disconnection, and therefore
casts doubt on the accuracy of the Centennial/Hunter Creek annexation map. Given that
l no plat was on record regarding the disconnection in the first place, this is hardly
surprising.
Current GIS indicates that the parcel (ID# 2737-074-00851) is owned by the county, yet a
portion of the Centennial housing complex also appears to be built on the parcel in
question. Evidence suggests that the parcel is indeed still a part of the county, and that
further clarification is warranted.
onti gs :had'<#heir'
through- �f la , ,simpl�ifi,e color
3 seen
planes with rhythmic contours,
icene a rating
Avery's piece in the Gallery 10
so inclu -
-show is a watercolor entitled
z �_ r_ een -by urba3r
` 0wn on the Road. Forms are
Id Harsh, and a
su_ggested through simple lines
aeu.digh Noon by
and- pale color.
eTd; wEois tugged --
Other -artists-represented in the -
A. -painter thei}gh-
show,inclVd--e-Irving Wiles, Moses
to confine himself
Soyer, Paul Dyck, Morris Rippell,
ne$,
-
the Marsh paint-
-Ernest Lawson.
on the back of
_In . addition to the paintings,.
ig by another ar-
Gallery 10 also features conte_m-
tity is unknown.
_
porary_ sculpture in bronze - by
early works were
Chapel, Brian Maugham and
orid, curvilinear,
Dave McGary, in nickel plated
aluminum by Mark Di Suvero,
and in porcelain by Jon Aaron. -
The American masters show
en.
will continue through March 11.
Gallery 10 is located in the
Aspen Grove Mall, 525 E Cooper
w / ard above the Wi enerstube.
rf� +ra, the Min-
a a.id others.
include five
ls, a Gold Record
sical recording to
lion copies, two
in contemporary
and the first
ilowship awarded
:aribou
public notice
ORDINANCE NO 2
(Series of 1982)
This painting of pink and yellow tulips is s
artist Georgia O'Keefe. The painting is it
paintings by important artists of the 19th
showing at Gallery 10.
pe-
BA RE W41
are
vIVE Wif
Personal messages deli,
== -- professional perforr
925-165(
)ok like -deer, and Published in the Aspen Times February 25, Shock a frierta, t
ir`'name, many .1982. �—
t reindeer belong -. -
s. But they really -_
'ibou family.
■
AN ORDINANCE BY THE CITY COUN-
CIL OF THE CITY OF ASPEN RELATIVE
TO. THE APPLICATION OF ASPEN
MOUNTAIN PARK, A COLORADO
GENERAL PARTNERSHIP, FOR THE
DISCONNECTION OF A TRACT OF
LAND FROM THE CITY OF ASPEN AND
DISCONNECTING SUCH TRACT FROM
THE CITY OF ASPEN
Copies -of this ordinance are available in
the office of the city clerk, City Hall, Aspen,
Colorado, during normal business -hours.
FINALLY adopted, passed and approved
on the 22nd day of February, 1982.
Herman Edel, Mayor
ATTEST:
Kathryn S Koch, City Clerk
a
t°
cc,�uo
a
ob c
v
° v c o
m
°•
d
3a�va
6 •
2Ly>'� o
{pp N
I
W a 0 u d
II C. U 4n
0 3 a) in Q �
so
I b C 'w c. G oo + c .0 u a) c c.
O C.O.O
N�Cc;
o to o �
c >, u m o S .^ o .ti n. .... o
[ u >,°u o'�' C. �"�� 01 x au� u d ° c
d E c y c r. p ... — ao aC c a� y ... C d o� o o y d d s, 'b °
C ° `f C :+ Op c o � v �^ si , � 'J ei a , 'd ,S^y .G >
o m J +�
C o d o w to o C
at y" .� 3 0. • c u 'o —0 K cu 2t u ai 0 °a,'o asc y 2 tiO
.c 0-9
,
$- O .4 d^ o sy to a �,
a c•^ ab E� b ° o'avi� a o b ��o' ��
v 3 ° G. c = ro ° ° - to t] o .
bE >...� .�c.c3T'o�wNaI `' �a boo ko�u ov,v`n.c
_d -a +•a
y'i. d L7 m s~ d>0.►3 r0 �.Cr� > �TQW q�d
UD
O� '..$ O O 4, cco tC O I E y > J'. O �� � ��
C O> s.. '� C^., 1 y, �_ 0 Ri r7
• c L1. pq ° 4 o J. ^. �- a� o ? io 3 .., u d c R�
o
d C G 6/ C� C.
U C o y u a'Oi co u p, C JO m O O x r> .. 0. a' O a. to° Rr'
m° a > o ti O, u vui o m 3
i ��� Wcwyvc"'Nw, Qp cA �0'.G R7 c y
f� ; . 4) A, -o (D C d q
I c-' i- aoi C u u"^ p. D 0>CO O s C/� O C^ki.•�``"NN�dN a� C d c•� u
E C d N .i O tr C 't j N C.0 .•I C. -O to a
- O > .. N y y d C F. td �, • O 4! •u U 61 i. d y t0 y, •a N ' .0
j�1 E a'n Ex a a.. c d da �� o F>.'�
V 'O �F 41 N- W cc w F'. ° C, C RS �C.
N >, �+' O Od. C d 't7 d ri C� c .4 C 5 '� ,'� It ,�
^xa�yotC0 '°^.�d3�y�, cd ^t7S....ya�ccEEa I.�os`saE K
6Ei G. U a C ~ d tw to o yA' � G
ava: 3Eo ca cu
caw m�
d
V
O
z
'I
W 1:43 ai 1 t0 %b �W 'm �-- O cd .tA ..Cr i.. a�i OUOrdr-I ai 0.�' •'" O C c"m �+
c,o c.^ c 3 �y c tv a� c:� �.., °_E
Of
a}}c. 4, o C ° boo u :d ,C
F c 4. •.. Q my._,�V
C t� E yy .tea ai a� .g c q. r. m "' ° C. 0 E.°, i L c d m m E �m Ci
I ° N 0 >„ c>s y 0 0 E d C w O.,x", d° w o,.c y O ca a �3 '� of.. C.CI
tea" 3 y c o �.., c ��� zcU�N_
Co >, r, t 00 c. tC ..0 u y c �i ((d ,•,
CL)
.'LO• C " q>� 3 c�tooc0 o °� T� 0t°
cb o p� cmc.mo,2.0 ge009d�O>3N>,csZ-~0oc O -Od uo o° aRE
w�a mm:
I o m" A" p'y a�•�, a. ao ds o a� s. axil�t$ cad) x R�aa.mxG,Q[
�, ❑. c, ^o d c d to 4) m
r •o td ^o cC - c ?; u ct"i c� o c ,� 3 a� .•-I �., +. a� ttl '� CI u y F' C 'a ° c �a•��, ;c. ,t
^C1 . s.. v� ., O o o k " u
t. C .' CO aGi cE �.. • q °. O t•. t~ ti .... 640 is tv w .., c. cD c cal:= 13 'a c a. F :.� c - -Ca ll-,�--�
m N ° c ,o1I a" c _V v.ap m..
o cn x g c c p ac o �tddxc
w � ho4) ca ° �s,o ac9 .D ¢cEw3".c5C zo
°trv~
i
0, a m a'� .2
Q
1 ti'
1� d4 '
1 '
85 i
r 1
1 ,
1 ! J THE �,�•
'CENTENNIAL
1 �sg
i ,, J
33
N -�'
So.II W ; J 1
°2O100',/ 51��°�` Flu \29
� 1 !
1
1
, � o •�, r J
8
WNEXATION J
w i 000 IfW 27•40 0 ,
24
ni 00 ,li p 00 E
%•30 p g�1.2g'ppME
1
21 22 r� {
' 1509 020,00 EZ C_
------------------
C�J, 19 34
t�9' 22 -- -- V?
5 77.1v� ^ ti 417
.
Ix
211 W
717b i 163• 42
16
` `. `. `• 0, !♦ IN JMUGGL.F-R
>♦` ,�`,�`�`,�, o�G`CNN ENCLAVE
�1
OQ
,
,
1
1 1
I
f
;}N 55`W
4.51 ,
R ENCLAVE ANNEXATION
%?�r
n
,
CID
tv '' 12
•'' g0-0o
q \1 �5
0000O
;4�
4763712511E
AID•47
e �40'2511011F-
11(5'1 52
9
o
10
i
41;05' 2511 W
twos. Mon
,/
6
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN
The undersigned Petitioners, being the land owners
within the exterior boundary of the territory hereinafter
described, respectfully request the City Council of the City
of Aspen to approve the annexation of the proposed area to be
annexed in accordance with the provisions of C.R.S. 1973,
31-12-101, et seq., and in support thereof allege as follows:
1. It is necessary and desirable that the territory
described in Exhibit "A" attached hereto be annexed to the City
of Aspen;
2. The requirements of C.R.S. 1973, 31-12-104 and
31-12-105 exist or have been met;
3. The Petitioners are the owners of the entirety of
the property sought to be annexed and, therefore, the owners of
more than fifty percent (50%) of the territory sought to be
annexed.
LAND DESCRIPTION:
The legal description of the land owned by Petitioners
for which annexation is sought is attached hereto as Exhibit "A".
The legal descriptions of the land owned by the respective
Petitioners and within that sought to be annexed are attached
hereto as Exhibit "B".
ATTACHMENTS:
Accompanying and incorporated in this Petition by
reference are the following:
a. Circulator's Affidavit;
b. Four prints of an Annexation Map containing the
information required by C.R.S. 1973, 31-12-107; and
C. Request for zoning.
DATED: F(-bi-L-c-L t,,j-
ASPEN MOUNTAIN PARK, a Colorado
general partnership
Alexander E. Lipkin, 9 genera
partner
American Bank Building
Pottsville, PA 17901
DATED: 1 Y1191V THE COUNTY OF PITKIN, STATE OF
COLORADO
ATTEST:
qM /�' 0/'�
j
BY: THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY,
COLORADO
B
ROBERT CHILD, Chairman
506 E. Main Street
Aspen, Colorado 81611
-2-
A tract of land being part of t SW1% of the SE1% and Lot 14 of Section 1, and I
the h' t of the NEk. and Lot 14 Section 12 and part of trac� of the Brown
Placer U.S.M.S. No. 15047 and the Nellie Mc No. 2 U.S.M.S. No. 15047 together
with a part of Lot 23, Block 1, Pitkin Green Subdivision, all in Township 10
S., Range 9.5 W. of the 6tb P.K. Said tract is more fully described as follows:
.I
Beginning at a point on the northeasterly right of way line of the Denver and i
Rio Grande Railroad from whence Corner 20 of the Brown Placer (which is a brass
cap in place) bears N. 21'54'F. 451.92 feet;
thence N. 14'52' E. 1.31 feet; -
thence N. 33*10' E. 194.79 feet;
thence N. 50'00' W. 131.64 feet;
thence N. 58'00' W. 165.01 feet;
thence N. 39'04' W. 144.45 feet;
thence N. 43'12' W. 209.77 feet; f Lot 23. Block 2.
thence N. 35'52' W. 159.49 feet to the southeast corner o
Pitkin Green Subdivision;
thence N. 88'50' W. 162.41 feet along the south line of said Lot 23 to the north
line of a road;
thence N. 61*14' W. 136.66 feet along said north line of a road to the southeasterly
line of Lot 10, Block 1, Pitkin Green Subdivision;
thence S. 36'09' W. 40.89 feet to the most southerly corner of said Lot 10;
thence northwesterly along the southwesterly lines of Lots 10,9,7,6,5 and 4.
Block 1, Pitkin Green Subdivision (said line being 10 feet from and parallel
to the northeasterly right of way of the Denver and Rio Grande Railroad) to
the most westerly corner of Lot 4, Block 1, Pitkin Green Subdivision;
thence S. 45'11' W. 213.52 feet to the center line of the Roaring Fork River;
thence S. 65'34' E. 112.59 feet along the center line of the Roaring Fork River;
thence S. 49'25' E. 196.84 feet along the center line of the Roaring Fork River;
thence S. 0'56' W. 395.28 feet along the center line of the Roaring Fork River;
thence S. 36'22' E. 145.57 feet along the center line of the Roaring Fork River;
thence S. 73'34' E. 276.21 feet along the center line of the Roaring Fork River;
thence S. 75'08' E. 293.46 feet along the center line of the Roaring Fork River;
thence S. 14'06' E. 276.36 feet along the center line of the Roaring Fork River;
thence S. 19'05' W. 130.98 feet along the center line of the Roaring Fork River;
thence Southerly and Southeasterly along the centerline of said river to the
intersection with the West line of Second Aspen Company Subdivision;
thence N 00'26'55" W. to the Northwest corner of said subdivision; thence along
the Northerly boundary of said subdivision S. 84'18'00" E. 180.76 feet and N.
82*17100" E. 242.94 feet to the intersection with the boundary of land described
in Book 213 at page 163;
thence along said boundary N. 65*51100" E. 23.76 feet and N. 81'12'00" E. 113.20
feet;
thence N. 40'29' E. 59.20 feet;
thence S. 89'04' E. 199.98 feet more or less to the west line of Lot 1, Block
1, Green Acres Subdivision;
thence North 150 feet more or less to the northeasterly right of way line of
the Denver and Rio Grande Railroad;
thence northwesterly along the northeasterly right of way line of the Denver
and Rio Grande Railroad to the point of beginning.
EXCEPTING THEREFROM: That portion lying within the right of way of the Denver
and Rio Grande Railroad,
AND ALSO EXCEPTING THEREFROM: 'Any portion lying within the City of Aspen.
AND ALSO EXCEPTING THEREFROM: Any portion lying within property described in
deed recorded June 14. 1960 in Book 191 at page 43v
EXHIBIT "B" TO
PETITION FOR ANNEXATION
(PROPERTY OF PETITIONER ASPEN MOUNTAIN PARK)
%t�fi''t�1
*-lob foot ri� zi t of rat of The Donvoc
All of, i�
and a40 Grande Western Railroad Company being SO feet
ide on each side of the centerline of said Railroad
Company's Aspen Branch main track, as said track was
formerly Constructed and operated over and across
Sections 16; 21, XV00% of Section 28, SMk of Section
75, Township 9 South, Range dS west, Sixth Principal
maridiaa,'and over and across the NN of Section 2,
MSS and SASE of Section 1, bask of Section 12 and
'thi Swklm% of Section 7 and that part of the mribVk
cf a.rC tjon 7 lying westerly of the easterly bank of
the Roaring Fork River, Township 10 South, Range 85
Mast, Sixth Principal Meridians also all of the
200-foot vide right of way of said Railroad Company
being 100 feet wide on each side of the centerline
of said main track, as said track was formerly con-
structed and ojkprated over and across Section 27,
the 8� of Section 34, Township 9 South, Range 85
West, Sixth Principal Meridian, and over portions
of Section 2, Township 10 South, Range 85 hest,
Sixth Principal Meridian, all within Pitktn County,
State of colojado, together with the bridges over
the Roaring _York River and Bunter Creek.
NOTE: Of the above -described property only that portion that lies
within the perimeter boundaries of the property sought to be
annexed by the Petition to which this Exhibit is attached is
intended to be annexed, all as is more clearly shown on the
Annexation map that accompanies the Petition to Annex, to which
reference herein is made.
EXHIBIT "B" TO
PETITION FOR ANNEXATION
(PROPERTY OF PETITIONER, THE COUNTY OF PITKIN)
j
AFFIDAVIT OF CIRCULATORS
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The undersigned, being duly sworn, depose and state
as follows:
1.
2.
3.
They are over 21 years of age;
They are circulators of the foregoing Petition;
Each signature thereon is the signature of the
person whose name i
'SANDRA ULLER
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this J day of
, 1981, by SANDRA M. STULLER.
WITNESS my hand and official seal.
My commission expii
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this day of
1981, by ROBERT W. HUGHES.
ITNESS my hand and official seal.
My commission expire
REQUEST FOR ZONING
WHEREAS, Aspen Mountain Park and the County of Pitkin,
State of Colorado, in the Petition to which this request is
attached, have requested the City Council of the City of Aspen
to annex the land described in the Petition for Annexation to the
City of Aspen; and
WHEREAS, the land which is contiguous to that property
described in the Petition is zoned R-15 and C-Conservation.
NOW, THEREFORE, Aspen Mountain Park and the County of
Pitkin request that the City Council of the City of Aspen direct
the Planning and Zoning Commission of the City of Aspen, at the
earliest possible convenience of the Planning and Zoning
Commission, to commence proceedings to rezone the subject property
a Specially Planned Area, the granting of such zoning claffifica-
tion being a condition of annexation.
DATED: , 1981 ASPEN MOUNTAIN PARK, a Colorado
general partnership 1
By
Alexander E. Lipki , a
general partner
DATED: 1981 THE COUNTY OF PITKIN, STATE OF
COLORADO
BY: THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
B�f
Robert Child, Chairman
• 0
APPLICATION FOR DISCONNECTION OF TERRITORY
FROM THE CITY OF ASPEN
The undersigned applicant, being the landowner within
the exterior boundary of the territory described in Exhibit "A"
attached hereto and incorporated by reference herein, which
territory lies within and adjacent to the boundary of the City
of Aspen, pursuant and subject to Sections 31-12-501 et seq
C.R.S. 1973, hereby respectfully applies to the City Council of
the City of Aspen for the enacement of an ordinance disconnect-
ing the property above -described from the City of Aspen.
DATED: ri�ruok m
ASPEN MOUNTAIN PARK, a Colorado
general partnership
�J t
By fL .
Alexander E. Lipkin, general
partner
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT made this zl� day of
1980, by and among the Aspen p.iountain Park 1
Partnership, a Colorado General Partnership ("AMP"), the City I
of Aspen ("City") and the Smuggler Trailer Park Homeowners
Association ("Association"). {
WHEREAS, AMP is the owner of the Aspen Mountain Park
("the Park") formerly the Smuggler Trailer Park, a mobile home 1
park consisting of approximately 87 mobile home sites, situate j
within the City of Aspen upon the real property more particularly
described in Exhibit "A" hereto (hereinafter sometimes the "real
property"); and, `
WHEREAS, the Association is -an association of the
residents, or owners, or both of the Park; and,
i
WHEREAS, although not restricted in terms of rental and
resale price controls by deed, covenant, legislation, or otherwise,i
the Park historically has supplied a significant portion of the i
1
employee housing inventory of the City;'and,'
WHEREAS, AMP purchased the Park for investment purposes
with a view toward developing the entire real property into a
first class mobile home rental park; and,
WHEREAS, on October 9, 1979, AMP issued to tenants a
notice of a substantial rent increase for mobile home spaces
within the Park; and,
WHEREAS, in response to such rental increase, the City
threatened and began the preliminary institution of eminent 1
domain proceedings; and,
WHEREAS, in active negotiations, the City and AMP have i
pursued the resolution of on -going disputes concerning the
i
Park in relation to (a) the monthly rents charged by AMP per
mobile home space, (b) the installation of capital improvements
in the Park and (c) the preservation of the Park as a source of
I{ .lousing
for local employees
by means of
condemnation,
control
legislation, or the
like; and,
rent
s
WHEREAS, AMP and the City finally entered into the
Agreement in Principle attached hereto as Exhibit "II" with a
view toward resolving the disputes above -described pursuant to
which, inter alia, the City was to purchase the Park from AMP
for resale to the owners of the mobile homes; and,
WHEREAS, neither the City nor the owners of mobile
homes within the Park were able to consummate the purchase of the
Park pursuant to the Agreement in Principle due to financial
limitations; and,
WHEREAS, due to a combination of the constant threat of
condemnation,'ri:sident unrest caused by potential displacement,
and inadequacy of rents due to controls directly imposed by the
City, AMP has agreed to divert from its original intent to
develop the entire real property as a first class mobile home
rental park and has decided instead to liquidate its investment
in the entire real property; and,
WHEREAS, in an effort to arrive at a mutually
satisfactory settlement of the disputes above -described, AMP i
I
has expended considerable sums for legal, surveying, architectural,'
and project consultation fees at the behest of the City once it i
became evident that neither the City nor the Association
financially were capable of consummating the Agreement in
Principle above -described; and,
WHEREAS, the City and AMP have agreed that the real
property may best be liquidated and employee housing units preserve4
by providing for different arrangements in connection with different
portions of the real property; and,
WHEREAS, in order to remove the cloud of threatened
condemnation to protect the City from the possible loss of a
significant source of housing for local employees, and to
protect the investments of Association members in their mobile
homes from escalating rents beyond their control, the parties
are mutually desirous of settling the dispute above -described
-2-
s
Iiin the manner hereinbelow set forth, without resort,
or further
threatened resort, to formal legal proceedings, including eminent
;domain proceedings.
i
NOW THEREFORE, in consideration of the foregoing
premises, the making and performance of the mutual obligations
Viand convenants herein contained, and other good and valuable
1consideration, the receipt, sufficiency and adequacy of which
(hereby are acknowledged, IT IS AGREED THAT:
1. IMPROVEMENTS TO PARK. AMP shall, as soon hereafter
as reasonably may be practical, undertake to relocate below grade
certain electrical wiring within the Park, relocate and upgrade
the water and sewer distribution system due to any relocation of
existing mobile homes as hereinafter provided; provide for the
installation of additional fire hydrants at such locations as the
'City may request; and relocate and resurface the roadway system
within the Park in order to accomodate any relocation of existing
mobile homes and turning radii sufficient for emergency and
support vehicles.
2. SALE OF MOBILE HOME SPACES. The present owners of
mobile homes within the Park shall have the right, collectively or
following the sale or exchange of the Park as hereinafter provided,'
to purchase the
mobile home spaces for a purchase price equivalent
to $25,000.00 per space. This offer shall remain open for a
period of time coterminous with the time required for all parties
to employ their best efforts to complete financing arrangements 1
for the purchase, but in no event later than 198*•
AMP and the City will employ their best efforts to arrange
financing for all owners who elect to purchase their spaces and
the Association agrees fully to cooperate with AMP and the City
in this regard in terms of compiling such information as
prospective lenders may require, and the like. AMP will, if
necessary, provide carryback financing for up to 25% of the owners
who elect to purchase their space but who are unable to qualify
-3-
a
for conventional outside financing. The $25,000.00 purchase price
above -provided shall, at the election of the members of the
Association involved in the purchase, be deemed a mean per space I
price; provided, however, that the Association members shall be
required among themselves to apportion the purchase price as shall
yield, upon closing, a sum equal to $25,000.00 times the number of
spaces involved in the transaction. In the event that the actual
cost of improvements described in paragraph one (1) hereinabove
is less than the product of $2,500.00 times the number of spaces
involved in the sale transaction, the difference shall by AMP
be set aside for the benefit of the Association for such further
improvements to the Park as the Association deems necessary or
advisable.
3. STRUCTURE OF SALE. Closing of the purchase and sale
of the mobile home spaces shall be conditioned upon receipt of the
governmental approvals necessary for the developments hereinafter
provided and will occur at a mutually agreed upon date as soon
hereafter as reasonably may be practical given (a) the efforts
above -described to arrange financing and (b) the time required I
to obtain the governmental approvals for such developments. In
order sooner to liquidate its investment hereunder, AMP shall have)
the right to sell to or exchange with a third party the entire
real property or any portion thereof. Such third party shall
be entitled to all the rights granted hereunder and shall be bound
by all terms of this Agreement. Upon the closing of any such
sale or exchange, such third party shall in writing assume any and
all obligations hereunder. Notwithstanding such sale or exchange,
AMP shall be entitled to reserve unto itself the rights to develop
as set forth in paragraphs 5 and 7 hereinbelow.
.4.• RENTAL AND RESALE PRICE CONTROLS. From and after thi
closing above -provided, all spaces within the Park, including the
mobile homes thereupon situate, shall be appropriately restricted
in terms of rental and resale price controls in the manner
presently generally applied throughout the City and in which the
City at the time determines to be in the community's better
interest to the end that then and thereafter the entire Park shall,
be and remain controlled employee housing within the meaning of
existing legislation concerning housing of that character, and
i
as such generally applicable legislation may from time to time
be amended. Any mobile home spaces that are not sold to the
owners of mobile homes and, hence, become owned by AMP shall
continue either to be rented or later sold by AMP at a monthly
rental or for a sales price, as the case may be, which shall be
consistent with their controlled character. Furthermore, the
owners of mobile homes who do not elect to purchase their lots
shall not be entitled to sublet all or any portion of their
mobile homes except under such terms as are consistent with the
controlled character of this housing.
5. EXPANSION OF PARK. The Park will be expanded in
size principally in the rear acreage to accomodate 26 additional
mobile homes. Expansion and the relocation of any existing mobile
homes in connection therewith will be done at the expense of AMP
in the manner least in the circumstances intrusive upon existing
mobile homes and in accordance with a plan prepared pursuant to
Specially Planned Area criteria of the City Code. These mobile
homes and the spaces they occupy within the Park will be offered
for sale, unfurnished, at a purchase price not to exceed$70,000.00,
and appropriately restricted in the manner set forth in paragraph
4, hereinabove.
6. RELOCATION OF EXISTING SINGLE FAMILY HOME. The
existing victorian style single -story frame house presently
situate in the front portion of the Park shall be relocated and
either restibdivided elsewhere within the real .property or, at_ AMP'_c
discretion, relocated outside the Park.
7. FREE MARKET DEVELOPMENT. AMP shall by the City be
given the right to develop 19 free market units on property, as
yet undetermined, either within the City or, if outside, capable
of being annexed. This development right shall be transferable
and assignable. Development shall proceed in accordance with
existing zoning affecting the property or, in the case of annexed
I
•
with Specially Planned Area criteria. The City agrees
property, P
i
(a) to. enact such enabling legislation or amendments to existing
legislation, including to its Growth Management quota system
legislation, as would accommodate and permit the foregoing
development right in exchange for the conversion to employee ,
housing of the Park and the addition of 26 new employee housing
units, all as set forth above; and (b) on the application o
AMP, to annex any property that may hereafter be acquired by AMP
for the purposes of the free market development above -described,
provided that such property otherwise is eligible for annexation
as eligibility is determined under Section 31-12-104, C.R.S., 1973.
8. RE.•"AINED PARCEL. AMP shall retain ownership of the
I
quadrilateral shaped piece of property consisting of4-S + acres
and situate at the northeasternmost section of the property
describ�-d in Exhibit "A" hereto.
.9. FURTHER DOCUMENTS, COOPERATION, GOVERNMENTAL
APPROVALS, DISCLOSURE. The parties agree fully to cooperate with
each other to the end that the terms, conditions and provisions
hereof shall be fully implemented and effectual and to execute
such further documetns consistent herewith as may, in the
circumstances, be necessary. The. parties recognize that in order
to effectuate this Settlement Agreement further public proceedings
and applications may be necessary. AMP agrees to process any
such further applications as may reasonably be necessary and the
Association agrees to support such applications that are consistent -
with this Settlement Agreement. The City, including its staff
and elected officials, agrees, to the maximum extent permissible,
consistent.with statutory and other legal obligations, to take
such steps and grant such approvals as are consistent herewith
and as may be necessary. The parties agree that this Settlement
Agreement and any other understanding shall be fully and publicly
disclosed.
-6-
r
IL
10. COVENANT AGAINST SUIT FOR DAMAGES. The parties
agree and acknowledge that no action at law for damages shall be I
maintainable against the City in the event it determines reasonably
and in good faith that enabling legislation to effectuate this
Agreement may not be passed; provided, however, that the City
acknowledges, agrees and, intends that, in reliance upon this
Agreement, AMP (a) shall immediately undertake to perform its
obligations hereunder, including installation of park improvements
arrangements for financial assistance in connection with the sale
of the Park, and sale of the Park all as above provided and (b)
may enter into Linding contracts for the purchase of property for
purposes of free market unit development, all to the end that
principles of vested rights and equitable estoppel, as contrasted
from monetary damages, shall apply to protect such reliance
activities of AMP notwithstanding the- inability of the City to
pass such enabling legislation; and, provided further that in
the event this Agreement shall become the subject of litigation
commenced by other than the parties hereto AMP shall defend,
indemnify and hold the City harmless from and against any and
all costs associated with such litigation.
-6a-
L
i
IN WITNESS WIIEREOF the parties have executed this
instrument the day and year first above written.
ATTEST:CITY OF ASPEN
I � .
B
Y
City Clerkm�oT-
'/SI•rYI�RG
ASPEN MOUNTAIN PARK PARTNERSHIP
By %
I ATTEST: to SMUGGLER TRAILER PARK HOMEWONERS
ASSOCIATION
By
_ifs+' �
"' .. ?
,.-.•s'� �
- 44 . rs�"lyam
d
t'
•
ar_Rr. FMrMT
THIS AGREEMENT made as of the-7 4L day of
1980, by and between ASPEN MOUNTAIN PARK, a Colorado general
partnership ("AMP") and THE COUNTY OF PITKIN, STATE OF COLORADO
("County")
W I T N E S S E T H
WHEREAS, AMP is the owner of certain real property
more particularly described in Exhibit "A" hereto through which
runs a strip of real property formerly known as the Aspen Branch
right-of-way of The Denver and Rio Grande Western Railroad
Company (hereinafter sometimes referred to as the "Right of Way")
more particularly described in Exhibit "B" hereto; and
WHEREAS, the County hz-.s an interest in the Right of Way
by virtue of those certain instruments of purported conveyance
recorded in Book 312 at Page 560 et seq. in Book 310 at Page 340
and in Book 243 at Page 217 of the Pitkin County records, copies
of which are attached hereto marked collectively Exhibit "C"; and
WHEREAS, the County and AMP are, subject to the terms
and conditions hereinbelow contained, mutually desirous of con-
trolling the development of the .Exhibit "A" property to the end
that development is restricted to those areas of the property
lying to the north of the Right of Way, as the same shall be
relocated to the area described on Exhibit "D" hereto, and all
areas to the south of the relocated Right of Way shall thereupon
be and remain park and open space.
NOW THEREFORE, in consideration of the premises and the
making and keeping of the mutual covenants and obligations here-
inafter contained, the parties agree as follows:
1. MUTUAL CONVEYANCES. As soon hereafter as in the
circumstances may be practical, AMP and the County shall each
cross convey by Bargain and Sale Deed, unto each other such of
•
their respective interests in the Exhibit "A" and "B" properties
as may be required to effect the relocation of the Right of Way
to the location described in Exhibit "D" hereto. There shall at
all times thereafter be afforded to the general public access
over the relocated Right of Way for purposes of ingress to and
egress from the park and open spaces hereinbelow described.
2. DEVELOPMENT ACTIVITY. AMP agrees that development
activity on the Exhibit "A" property, modified as above provided,
shall be restricted and subject to the following:
a. Development shall not exceed twelve units, some
or all of which may be clustered at various locations on that
portion of the Exhibit "A" property available for development,
as below provided.
b. Development shall be restricted to that portion
of the 'Lxhibit "A" property lying tb the north of the relocated
Right of Way, such that the portion of the Exhibit "A" property
lying to the south of the relocated Right of Way shall be and
remain park and open space, all of which shall be confirmed by
recorded deed restriction, easement or the like, as the County
shall deem appropriate.
C. Development shall be done in a manner not
inconsistent with the use at anytime hereafter of the relocated
Right of Way for railroad purposes.
i
d. Development shall proceed in the manner least
in the circumstances intrusive upon the recreational uses to
which the Right of Way, relocated as above provided, has been and
is put and AMP shall, as promptly as in the circumstances may be
practical, restore and realign any trails or other systems,
including sewer systems and appurtenant easements, that might be
disturbed in connection with the development and, at its own cost
relocate any portion of such trails or other systems that may in
the circumstances be required, and grant such easements therefor
-2-
r �-
•
as may be necessary. .
e. Development shall be set back from the re-
located Right of Way by no less than fifteen (15) feet.
3. COOPERATION. The County agrees to cooperate,
including if necessary by joining therein, in such proceedings
as may be necessary in order to cause the annexation of the
Exhibit "A" property by the City of Aspen, for the purposes and
as is more clearly set forth in a Settlement Agreement by and
among AMP, the City of Aspen and the Smuggler Trailer Park
Homeowners' Association. The parties agree to execute such
other and further documents hereafter as may reasonably be
necessary in order more fully to effectuate the provisions of
this Agreement.
4. CLOSING. The closing of this Agreement and the
delivery of the instruments of conveyance described in Paragraph
1 hereinabove shall be conditioned upon and shall occur upon and
in conjunction with the adoption by the City of Aspen of a
Specially Planned Area plan for the development of the
Exhibit "A" property.
-3-
•
IN WITNESS WHEREOF the parties have executed this
AGREEMENT the day and year first above written.
ASPEN MOUNTAIN PARK PARTNERSHIP,
a Colorado general partnership
r
By .J-----�
Aexan6e::1-E. Lipkin,
A General Partner
PITKIN COUNTY by the Board of
County Commissioners of Pitkin
ATTEST: County
By
The foregoing terms, conditions and provisions are
approved and accepted this day of
Attest:
-4-
. 1981.
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
By
•
A PARCEL OF LAND SITUATED IN THE SOUTH 1/2 'OF
SECTION 7, TOWNSHIP-10 SOUTH, RANGE 84 WEST OF THE
6TH P. M., PITKIN COUNTY, COLORADO, BEING MORE FULLY
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE
CORNER NO. 5 OF TRACT A, ASPEN T0117NSITE ADDITION
BEARS S 52047'48" W 35.00 FEET;
TIIENCE N 45026'09" W 213.77 FEET;
THENCE S 81023'42" E 125.00 FEET;
THENCE S 89025'42" E 98.00 FEET;
THENCE S 54034'55" E 64.87 FEET;
THENCE S 52047'48" W 153.36 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.436 ACRES, MORE OR LESS.
EXHIBIT "A"
TO
APPLICATION FOR DISCONNECTION
(ASPEN MOUNTAIN ARK, APPLICANT)
Dated: F0j IOl ( C N