HomeMy WebLinkAboutcoa.lu.an.Pitkin Reserve.1981NI
M., -- --- — —._
Recorder,
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Recorded at —_ ___- _----o'clock_
f Reception No.-- — - --
�I
THIS DEED, Made this day of February
1981,
between ASPEN MOUNTAIN PARK, a Colorado general
partnership
I
of the County of PITKIN and state of
Colorado, of the first part, and
THE COUNTY OF PITKIN, STATE OF COLORADO
whose legal address is 506 E. Main Street
Aspen, Colorado
of the County of PITKIN and state of
Colorado, of the second part,
WITNESSETH, That the said party of the first part, �dr/�iy�i�iYi/dn!�ll/el�fv�dn/Jf�414dlJr�L✓ from a
donative intent DOLLARS,
VoAAJ/ ;�b�dtlll>Sdu� ��ld►�1 �'►✓Hv�, l> 11 lt�k/d���lJl ldd ldr�l<dl� �',�►�d01kiAWW
nated
i��h���b/y/c�b�l,e� �d/�fr��/ c�kfip�C'}t�i�k�r�• has remised, released,,c� conveyed and QUIT CLAIMED, and by these
presents doeS remise, release, VIN, convey and QUITCLAIM unto the said party of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part
ha S in and to the following described lot or parcel of land situate, lying and being in the County
of PITKIN and State of Colorado, to wit:
See Exhibit "A" incorporated by reference herein.
NOTE: The parties hereto by their signatures below, and as a condition hereto,
agree for themselves, their successors, grantors and assigns (a) that the pro-
perty hereby conveyed shall forever be and remain in its present natural state
and open space to the exclusion of any improvements or structures of whatsoever
nature or kinds, with the exception of non -vehicular paths and trails; (b) that
the foregoing limitation shall be deemed a covenant that runs with and burdens
the property hereby conveyed for the benefit of any and all adjacent parcels or
property now or hereafter owned by party of the first part, its successors, gran-
tors and assigns, and (c) that the foregoing limitation shall be specifically
enforceable by the owner(s) of the property for whose benefit, as above provided,
this covenant is made, their successors, grantors and assigns.
6q�
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of
the second part, its heirs and assigns forever.
IN WITNESS WHEREOF, The said part y of the first part ha s hereunto set its hand
and seal the day and year first above .vritten. ASPEN MOUNTAIN PARK, a Colorado
general partnership - ---[SEAL)
����•/l'r"��f'/r�� l>k1�ldl;('A/��iY<•/Eir��dl�'� �t�
The foregoing gift deed is accepted ---- (SEAL)
sc-cording-to- it-s-terms. By _[SEAL]
The COUNTY OF PITKIN, STATE OF COLORADO -
a general partner by -ASEAL)
By Robert W. Hughes, his attorney
in fact
SS.
County of PITKIN
The foregoing instrument was acknowledged before me this day of
19 ,by' Robert W. Hughes, as attorney in fact for
a general partner, for ASPEN MOUNTAIN PARK, a Colorado general partnership.
My commission expires , 19 . Witness m} hand and official seal.
rc Public.
i
11
II
NO.933.
QUITCLAIM DEED.— Bradford Publishm{. 15165 weu 440 A, enue. Golden Color,do 80401 —
13O3) 27l-0644— 4-80
0
GIFT DEED
KNOW ALL MEN BY THESE PRESENTS, that ASPEN MOUNTAIN
PARK, a Colorado general partnership, hereby donates and con-
veys to the COUNTY OF PITKIN, STATE OF COLORADO, the following
real property, situate in the County of Pitkin and State of
Colorado, to wit: as described in Exhibit "A" hereto, with all
its appurtenances.
Notwithstanding anything herein to the contrary ex-
pressly or impliedly contained, this Gift Deed shall be deemed
to convey all or any of the property described in Exhibit "A"
hereto that may hereafter by acquired by the donor herein.
Executed this day of , 1981.
ASPEN MOUNTAIN PARK, a Colorado
general partnership
By
Alexander E. Lipkin, a general
partner
by Robert W. Hughes, his
attorney -in -fact
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this day of , 1981, by ROBERT W. HUGHES as
attorney -in -fact for ALEXANDER E. LIPKIN, a general partner of
ASPEN MOUNTAIN PARK, a Colorado general partnership.
WITNESS my hand and official seal.
My commission expires:
Notary Public
day of
ESCROW INSTRUCTIONS
THESE ESCROW INSTRUCTIONS made and given this
, 1981, by ASPEN MOUNTAIN PARK, a
Colorado general partnership, hereinafter referred to as "Donor",
and THE COUNTY OF PITKIN, STATE OF COLORADO, hereinafter referred
to as "Donee" to SANDRA M. STULLER, hereinafter referred to as
"Escrow Agent"
W I T N E S S E T H
WHEREAS, Donor is desirous of making gifts of certain
real property, more particularly hereinafter described, to Donee
for the installation of community facilities, including park and
open space, but is unable fully to complete the making of such
gifts unless and until the adoption by the City of Aspen,
Colorado, under whose jurisdiction the gift parcels now or
hereafter will lie situate, of Specially Planned Area plans for
the larger tracts of which the gift parcels are a part; and
WHEREAS, Donor and Donee mutually desire to do all that
at the present time can be done toward the conservation of the
gifts above -described and to that end and with these presents do
hereby deposit with Escrow Agent two (2) Quit Claim Deeds, of
even date herewith, executed by Donor, by which ownership of the
parcels of real property more particularly described in Exhibit
"A" hereto shall, subject to the further provisions of these
Instructions, be transferred as a gift to Donee.
NOW, THEREFORE, the Escrow Agent is instructed and
directed and the parties hereto agree as follows:
1. APPOINTMENT OF ESCROW AGENT. Donor and Donee
hereby nominate and appoint Sandra M. Stuller as Escrow Agent
for the purposes herein set forth.
2. DUTIES OF ESCROW AGENT. The Escrow Agent shall
hold the gift deeds above -described until such time as the City
of Aspen, by and through its City Council, adopts Specially
Planned Area plans for the development of the larger tracts of
real property more particularly described in Exhibit "B" hereto,
of which larger tracts the parcels described in the aforementioned
gift deeds are a part. At and only at such time as the latest of
such Specially Planned Area plans is so adopted, Escrow Agent
shall cause the aforementioned gift deeds to be delivered to Donee
and to this end these instructions shall then and there consti-
tute the appointment of Escrow Agent as true and lawful attorney
in fact for Donor to do any acts or execute or complete any
documents as may be necessary in order to consumate the gifts
hereby contemplated. In the event that the City of Aspen fails
to adopt such Specially Planned Area plans, or either of them,
by December 31, 1981, then unless such date shall have been sooner
extended by Donor, Escrow Agent shall cause the aforementioned
gift deeds to be redelivered to Donor and the purpose of these
Instructions, as above set forth, shall then and there cease.
3. MISCELLANEOUS. Escrow Agent shall be liable only
for its willful acts and misconduct in respect to this agreement
and shall not be called upon to construe any contract deposited
with it, and shall be required to act in respect to the deposit
herein made, only upon the joint consent of the parties hereto
where required, or upon the consent of any one party, where that
consent is sufficient. Escrow Agent shall not be liable or
responsible for the sufficiency, correctness, or validity of any
of the instruments deposited hereunder nor shall it be liable for
any loss which may occur by reason of forgeries or misrepresen-
tations.
These Instructions may be altered, amended, modified,
or revoked by writing only, signed by all of the parties hereto,
-2-
and approved by the Escrow Agent upon payment of all fees, costs,
and expenses incident thereto.
No assignment, transfer, or conveyance of any right,
title or interest in and to the subject matter of this escrow
shall be binding upon the Escrow Agent unless written notice
thereof shall be served upon the Escrow Agent and all fees,
costs, and expenses incident to such transfer of interest shall
have been paid.
Any notice required or desired to be given by Escrow
Agent to any other party to this escrow may be given by mailing
the same to such party at the address noted below, and notice
so mailed shall for all purposes be as effectual as though
served upon such party in person at the time of depositing
such notice in the mail.
The Escrow Agent shall not be personally liable for any
act it may do or omit to do hereunder as such agent, while acting
in good faith and in exercise of its own best judgment, and any
act done or ommitted by it pursuant to the advice of its own
attorney shall be conclusive evidence of such good faith.
If at any time a dispute should exist as to the duty
of the Escrow Agent under the terms hereof, the Escrow Agent
may deposit any items deposited hereunder or so much thereof as
then remains in its hands, with the clerk of the District Court
of the County of Pitkin, State of Colorado, and may interplead
the parties hereto. Upon so depositing such items and filing
its complaint in interpleader, the Escrow Agent shall be released
from all liability under the terms hereof as to the items so
deposited. The parties hereto, for themselves, their heirs,
successors, and assigns, do hereby submit themselves to the
jurisdiction of said court and do hereby appoint said clerk of the
court as their agent for service of all process in connection with
the proceedings mentioned in this paragraph.
-3-
In consideration of the acceptance of this escrow by
the Escrow Agent, the undersigned agree to indemnify and hold it
harmless as to any liability incurred by it to any other person
or corporation by reason of its having accepted the escrow or in
connection herewith, and to reimburse it for all its expenses
including, among other things, attorney fees and court costs
incurred in connection herewith. Such indemnities shall include
attorney fees incurred by the Escrow Agent in defending a suit
against it by any of the parties hereto in which Escrow Agent
prevails.
The provisions of these Instructions shall be binding
upon the legal representatives, heirs, successors, and assigns
of the parties hereto.
IN WITNESS WHEREOF, the undersigned have hereunto
affixed their signatures as of the date first above written.
ASPEN MOUNTAIN PARK, a Colorado
general partnership
ME
Address: c/o OATES, HUGHES &
KNEZEVICH, P.C.
600 E. Hopkins, Suite 200
Aspen, Colorado 81611
THE COUNTY OF PITKIN, STATE OF
COLORADO
M
Address: 506 E. Main Street
Aspen, Colorado 81611
ACCEPTED:
By
Sandra M. Stuller
-4-
PARCEL 1:
A PARCEL OF LAND SITUATED IN THE SOUTH 1/2 OF
SECTION 7, TOIvZJSHIP-10 SOUTH, RANGE 84 WEST GF THE
6TH P. M., PITKIN COUNTY, COLORADO, BEING MORE FULLY
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT j,HENCE
CORNER NO. 5 OF TRACT A, ASPEN TOINNSITE ADDITION
BEARS S 52047'48" W 35.00 FEET;
THENCE 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.
PARCEL 2:
A tract of land being part of the SWk of the SE'k and Lot 14 of Section 1, and
the NA of the NEh, and Lot 14 of Section 12 and part of tract B 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 1.5 W. of the 6th P.M. Said tract is more fully described as follows:
Beginning at a point on the northeasterly right
Rio Grande Railroad from whence Corner 20 of the
cap in place) bears N. 210541F. 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;
thence N. 35*52' W. 159.49 feet to the southeast
Pitkin Green Subdivision;
of way line of the Denver and
Brown Placer (which is a brass
corner of Lot 23, Block 2,
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. 61014' 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. 73034' 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.
82017'00" 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°51'00" E. 23.76 feet and N. 81°12'00" E. 113.20
feet;
thence N. 40°29' E. 59.20 feet;
thence S. 89004' 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 (continued)
EXHIBIT "A" TO ESCROW INSTRUCTIONS
ASPEN MOUNTAIN PARK/PITKIN COUNTY/SANDRA M. STULLER
Dated:
(Parcel 2, continued)
the Denver and Rio Grand- ..ailroad;
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 Boob 191 at page 43,
AND ALSO EXCEPTING THEREFROM:
A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF
SECTIONS 1 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF
THE 6TH P. M., PITKIN COUNTY, COLORADO, BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE
OF THE DENVER AND RIO GRANDE WESTERN RAILROAD WHENCE
THE NORTHEAST CORNER OF SAID SECTION 12 BEARS
N 70025'07" E 1636.50 FEET;
THENCE N 56010'00" W 55.30 FEET ALONG SAID RIGHT OF WAY
LINE;
THENCE 87.08 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 625.00 FEET;
THENCE N 64009'00" W 451.30 FEET;
THENCE 464.12 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 496.74 FEET;
THENCE 486.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 609.60 FEET TO A POINT ON SAID
RIGHT OF WAY LINE;
THENCE S 69002'55" E 42.59 FEET;
THENCE 336.28 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 1333.57 FEET, THE CHORD OF
WHICH CURVE BEARS S 47021'26" E 335.39 FEET;
THENCE S 40008'00" E 14.44 FEET;
THENCE N 36009'00" E 33.68 FEET;
THENCE S 61014'00" E 135.43 FEET;
THENCE S 88050'00" E 162.41 FEET;
THENCE S 35052'00" E 159.49 FEET;
THENCE S 43012'00" E 209.77 FEET;
THENCE S 39004'00" E 144.45 FEET;
THENCE S 58000'00" E 165.01 FEET;
THENCE S 50000'00" E 131.64 FEET;
THENCE S 33010'00" W 191.72 FEET TO THE POINT OF
BEGINNING, CONTAINING 7.064 ACRES, MORE OR LESS.
County of Pitkin, State of Colorado.
EXHIBIT "A" (continued)
TO ESCROW INSTRUCTIONS
ASPEN MOUNTAIN PARK/PITKIN COUNTY/SANDRA M. STULLER
Dated:
TRACT A
PARCEL 1:
Lot 7, Block 1,
pITKIN GREEN SUBDIVISION
PARCEL 2:
A tract of land being part of the Sih of the
and Lot 14 of tract SectiB of on
I, and
the NA of the NEBand , and Lot 14 of Section P
own
Placer U.S.H.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
Sa datractenisumoreision, all in fully described ashfollows:
ip 10
g,, Range 15 W. of the 6th P.M.
the
Beginning at a point on the northeasterly
r20 ofght of way line the Brower Placerf(whicheisea brass
r and
Rio Grande Railroad from whence Corner
cap in place) bears N. 21°541F. 451.92 feet;
thence N. 14052' E. 1.31 feet;
thence N. 33*10' E. 194.79 feet;
thence N. 50000' 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; Block 2,
thence N. 35*52' W. 159.49 feet to the southeast corner of Lot 23,
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. 19005' 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*26155" 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°17'00" 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; Block
thence S. 89*04' E. 199.98 feet more or less to the west Line of Lot 1,
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 140 1960 in Book 191 at page 439
County of Pitkin, State of Colorado.
(cont 'd.)
EXHIBIT "B" TO ESCROW INSTRUCTIONS
ASPEN MOUNTAIN PARK/PITKIN COUNTY/SANDRA M. STLU ER
Dated:
TRACT B
- - -- en Townsite, the
A tract of land situated in a portion of the East Asp
East one-half of the Southwest one -quarter and the West one-half of the
ection 7, Township 10 South, Range 84 West of
Southeast one -quarter of S
the 6th PDX.,'. described as follows:
BEGINNING at Corner No. 10•of the East Aspen Townsite;
thence North 54*52117" West 58.10 feet to Corner No. 11 of said East
Aspen Townsite;
thence North 66°11'00" West 142.33 feet;
thence North 05°10'42" West 114.35 feet to Corner No. 16 of said East
Aspen Townsite;
thence North 44°29'22" West 312.67 erboundaryCorner
parcel of landsaid
described
Aspen Townsite along the Northe y
in Book 205 at Page 579, Pitkin County records; 24 of said East Aspen
thence North 45012159" West 128.83 to Corner No.
Townsite along a portion of said Northerly boundary;
thence North 24°05'24" East 139.28 feet;
thence North 37°11'41" East 20.25 feet;
thence South 44035'50" East 12.15 feet;
" East 1,02.32 feet along an existing fence and
thence North 29003105
extension thereof;
thence South 4.08 feet;
thence North 37°11'41" East 154.57 feet;
thence North 78°25'15" East 77.68 feet;
thence North 89057110" East 303• along
Bookboundary
atiPagene e965,bPitkia
ed in
Book 280 at Page 827 and re -recorded
County records; 168.0j feet along said boundary line;
thence South 63*44145" East 183.42 feet along said boundary line;
thence South 81 23 42 East
feet along said boundary line;
thence South 89025'42" East 94�87 feet along said boundary line;
thence South 54 34 55 East 6
thence South 52°47'48" West 188.36 feet to Corner No. 5 of said East
Aspen Townsite;
thence South 34*55118" West 760.18 feet to
The Point of Beginning.
Pitkin County, Colorado.
EXHIBIT "B" TO ESCROW INSTRUC`I'ION3 (cunt' d. )
ASPEN MOUNTAIN PARK/PITKIN COUNTY/SANDRA M. STULLI;R
Dated:..
A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF
SECTIONS 1 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF
THE 6TH P. M., PITKIN COUNTY, COLORADO, BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE
OF THE DENVER AND RIO GRANDE WESTERN RAILROAD WHENCE
THE NORTHEAST CORNER OF SAID SECTION 12 BEARS
N 71056'32" E 1670.05 FEET;
THENCE 87.08 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 625.00 FEET, THE CHORD OF WHICH
CURVE BEARS N 60009'30" W 87.01 FEET;
THENCE N 64009'00" W 376.66 FEET;
THENCE 62.72 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1482.69 FEET, THE CHORD OF WHICH
CURVE BEARS N 41020'44" W 62.72 FEET;
THENCE N 40008'00" W 466.18 FEET;
THENCE 471.01 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 609.60 FEET, THE CHORD OF WHICH
CURVE BEARS N 34013'55" W 459.38 FEET;
THENCE 375.00 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 1323.57 FEET, THE CHORD OF
WHICH CURVE BEARS S 48015'00" E 373.75 FEET;
or THENCE S 40008'00" E 553.11 FEET;
THENCE 386.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 1382.69 FEET;
THENCE S 56010'00" E 110.94 FEET TO THE POINT OF
BEGINNING, CONTAINING 1.915 ACRES, MORE OR LESS.
7 EXHIBIT "A" TO QUIT CLAIM DEED
PITKIN COUNTY•TO ASPEN MOUNTAIN PARK
DATED:
A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF
SECTIONS 1 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF
THE 6TH P. M., PITKIN COUNTY, COLORADO, BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH RIGHT OF WAY LINE
OF THE DENVER AND RIO GRANDE WESTERN RAILROAD WHENCE
THE NORTHEAST CORNER OF SAID SECTION 12 BEARS
N 69055'16" E 1749.82 FEET;
THENCE 73.15 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 525.00 FEET, THE CHORD OF'WHICH
CURVE BEARS N 60009'30" W 73.09 FEET;
THENCE N 64009'00" W 451.30 FEET;
THENCE 557.55 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 596.74 FEET;
THENCE 406.91 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 509.60 FEET;
THENCE 346.67 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 1223.57 FEET, THE CHORD OF
WHICH CURVE BEARS S 48015'00" E 345.51 FEET;
THENCE S 40008'00" E 86.93 FEET;
THENCE 15.75 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 609.60 FEET, THE CHORD OF WHICH
CURVE BEARS S 11021'25" E 15.75 FEET;
THENCE 464.12 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 496.74 FEET;
THENCE S 64009'00" E 74.64 FEET;
THENCE 352.18 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 1482.69 FEET, THE CHORD OF WHICH
CURVE BEARS S 49021'43" E 351.36 FEET;
THENCE S 56010'00" E 110.94 FEET TO THE POINT OF
BEGINNING, CONTAINING 2.060 ACRES, MORE OR LESS.
EXHIBIT "A" TO QUIT CLAIM DEED
7 ASPEN MOUNTAIN PARK TO PITKIN COUNTY
DATED:
A tract of land being part of the SA of the SE3t and Lot 14 of Section 1, and
the NV% of the NE3t, and Lot 14 of Section 12 and part of tract B 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 15 W. of the 6th P.M. Said tract is more fully described as follows:
Beginning at a point on the northeasterly right
Rio Grande Railroad from whence Corner 20 of the
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;
thence N. 35*52' W. 159.49 feet to the southeast
Pitkin Green Subdivision;
of way line of the Denver and
Brown Placer (which is a brass
corner of Lot 23, Block 2,
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°17'00" 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°51'00" 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: 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 43,
County of Pitkin, State of Colorado.
EXHIBIT "A" TO PETITION FOR ANNEXATION
(ASPEN MOUNTAIN PARK, PETITIONER)
Dated:
OF THE DENVER AND RIO GRANDE WESTERN RAILROAD WHENCE
THE NORTHEAST CORNER OF SAID SECTION 12 BEARS
N 70°25'07" E 1636.50 FEET;
THENCE N 56010'00" W 55.30 FEET ALONG SAID RIGHT OF WAY
THENCE 87.08 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 625.00 FEET;
THENCE N 64°09'00" W 451.30 FEET;
THENCE 464.12 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 496.74 FEET;
�. THENCE 486.76 FEET ALONG THE -ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 609.60 FEET TO A POINT ON SAID
RIGHT OF WAY LINE;
THENCE S 69002155" E 42.59 FEET;
THENCE 336.28 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 1333.57 FEET, THE CHORD OF
WHICH CURVE BEARS S 47021'26" E 335.39 FEET;
THENCE S 40008'00" E 14.44 FEET;
THENCE N 36009'00" E 33.68 FEET;
THENCE S 61014'00" E 135.43 FEET;
THENCE S 88050'00" E 162.41 FEET;
THENCE S 35052'00" E 159.49 FEET;
THENCE S 43012'00" E 209.77 FEET;
THENCE S 39004'00" E 144.45 FEET;
THENCE S 58000'00" E 165.01 FEET;
THENCE S 50000'00" E 131.64 FEET;
THENCE S 33010'00" W 191.72 FEET TO THE POINT OF
BEGINNING, CONTAINING 7.064 ACRES, MORE OR LESS.
County of Fitkin, State of Colorado.
EXHIBIT "A" (continued)
TO QUIT CLAIM GIFT DEED
ASPEN MOUNTAIN PARK, Donor
PITKIN COUNTY, Donee
Dated:
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
CORNER NOD .A5 OFLTRACT AB, EASPENNTOWNSITEOADDITIONCE
CORNER
BEARS S 52047'48" W 35.00 FEET;
THENCE 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 TOMTHE
E POIOR NT
OF
BEGINNING, CONTAINING 0.436 ACRES,
EXHIBIT "A" TO QUIT CLAIM GIFT DEED
ASPEN MOUNTAIN PARK, Donor
PITKIN COUNTY, Donee
Dated:
A PARCEL OF LAND SITUATED IN
THE
gSOUTH
1/F OF
THE
SECTION 7, TOWNSHIP 10 SOUTH, BEING BOUNDED ON
6TH P. M., PITKIN COUNTY, COLORADO,
THE WEST BY PROPERTY DESCRIBED IN BOOK 361 AT
PAGES 106, 109, AND 112, PITKIN COUNTY RECORDS;
ON THE
NORTH BY THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 7; ON THE SOUTH AND EAST
BY THE NORTH SIDE LINE AND SOUTH END LINE OF THE
EMMA LODE, U.S.M.S. NO. 2120, AND BY LINES 3-4 AND 4-5
OF THE EAST ASPEN TOWNSITE ADDITION.
EXHIBIT "A" TO GIFT DEED
ASPEN MOUNTAIN PARK/PITKIN COUNTY
AMENDMENT
TO AGREEMENT
THIS AMENDMENT is made this day of JynQ_. ,
1981, to that certain Agreement dated October 7, 1981, by and
between Aspen Mountain Park, a Colorado general partnership
("AMP") and the County of Pitkin, State of Colorado ("County"),
to which Agreement this Amendment shall be attached.
W I T N E S S E T H
The parties hereby mutually agree that notwithstanding
the provisions of Paragraph 2a of the Agreement above -described,
AMP shall, in connection with its seeking the approval of the
City of Aspen to the development activity contemplated by the
Agreement, as well, have the right to seek the approval of the
City of Aspen for one (1) additional unit to the twelve (12)
units described in the Agreement; provided, however, that such
unit (a) shall not exceed 700 square feet of living space in
size, exclusive of space for the storage of utility and mainten-
ance apparatus, which storage space shall not exceed 1250 square
feet; (b) shall be used only as a caretaker -employee unit for a
caretaker -employee of the owners (or an association thereof) of
the twelve (12) units to which this caretaker -employee unit shall
be a common appurtenance; and (c) shall, as with the twelve (12)
units, be constructed to the north (above) the relocated right-
of-way; and provided further that the City of Aspen shall be free
to impose any further limitations or restrictions, including with
respect to size, that it determines to be appropriate in connec-
Ition with any approval of the additional unit hereby contemplated.
IIn all other respects, the parties' Agreement above -described is
unchanged and unmodified and is in full force and effect as written
IN WITNESS WHEREOF the parties have executed this
Amendment the day and year first above -written.
ATTEST:
ASPEN MOUNTAIN PARK PARTNERSHIP,
Al' Colorado ger}erzyl partners '
u(CI� �Un' rw.
a^A �, a
his attorney -in -fact
PITKIN COUNTY by the
BOARD OF COUNTY COMMISSIONERS
By
Bed y Clerk and Recorder
-2-
� S �
SETTLEMENT AGIIEEML•'NT
THIS SETTLENIENT AGREEMENT made this day of
,'1980,
by and
among the Aspen
Mountain
Park
Partnership, a Colorado
General
Partnership ("AMP"),
the
City
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
park consisting of approximately 87 mobile home sites, situate
within the City of Aspen upon the real property more particularly
i
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,"
WHEREAS, although not restricted in terms of rental and ;
resale price controls by deed, covenant, legislation, or otherwise,
the Park historically has supplied a significant portion of the
employee housing inventory of the City; and,
WHEREAS, AI.SP 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
domain proceedings; and,
0
WHEREAS, in
active negotiations,
the City and
AMP have
pursued the resolution
of on -going disputes
concerning
the
Park in relation to (a) the monthly rents charged by Able per
mobile home space, (b) the installation of capital improvements
in the Park and (c) the preservation of the Park as a source of
housing for local employocs by means of cor.c'emnatio:z, rent
Control legislation, or the like; and,
(� Wfll�ttE,�S,AM
' and the City finally entered into the
I�
Agrc..rmc•nt: in principle attached hereto as Exhibit "B" with a
�
liview toward resolving the disputes above -described pursuant to i
which, inter alia, the City was to purchase the Park from AMP
(for resale to the owners of the mobile homes; and, j
I;
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,_resident 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 I
develop tile. entire real property as a first class mobile home II
rental park and has decided instead to liquidate its investment
1
i I
in the entire real property; and, ,
i WHEREAS, in an effort to arrive at a mutually
I i
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
became evident that neither the City nor the Association
I
financially were capable of consummating the Agreement in ,
i Y
[ I
Principle above -described; and,
WHEREAS, the City and AMP have agreed that the real
property may best be liquidated and employee housing units preserved
Iby providing for different arrangements in connection with different
i
portions of the real property; and,
• is
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
i
protect the investments of Association members in their mobile i
homes from escalating rents beyond their control, the parties
are nu«tuall;r desirous of settling the dispute above -described
!;in the manner her.einbelow set forth, without resort, or further
,,threatened resort, to formal legal proceedings, including eminent
'domain proceedings.
NOW THEREFORE, in consideration of the foregoing
,,premises, the making and performance of the mutual obligations
nand convenants herein contained, and other good and valuable
f
`;consideration, the receipt, sufficiency and adequacy of which
11hereby are acknowledged, IT IS AGREED THAT:
1. IMPROVEMENTS TO PARK. AINIp 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
I
!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 H014E 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
ito employ their best efforts to complete financing arrangements !
for the purchase, but in no event later, than -C)T�-
1'PAMP and the City will employ their best efforts to arrange
1
('financing for all owners who elect to purchase their spaces and
i
,,:the Association agrees fully to cooperate with AMP and the City
!i
in this regard in terms of compiling such information as
I;prospecti.ve lenders may require, and the like. AMP will, if
I
I
Inecessary, provide carryback financing for up to 25% of the owners)
II
who elect to purchase their space but who are unable to qualify
-3-
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
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 Get 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 (a1 the efforts
above -described to arrange financing and (b) the time required
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 andl
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 the
closing above -provided, all spaces within the Park, including the
mobile homes thereupon :situate, :hall be appropriately restricted
in terms of rental and resale price controls in the manner ..
presently generally applied' tlirou.ghout the City and in which the
City at the time determines to be in the community's better
-4-
interest to the crrid thOtt then and thereafter the: entire Park shall.
�i be and remain controlled employee housing within the meaning of
existing le(jislati.on concerning housing of that ciiii.racter, and i
i
I� as .such c;enerally 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 PAIN:. 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 mariner least in the circumstances intrusive upon existing
mobile homes and in accordance with a plan prepared pursuant to I -
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. JET O: ATION OF EXISTING SINGLE FA.-iILY HOME. The
existing victorian style single --story frame house presently
situate in the front portion of the Park shall be relocated and
either resubdivided e:l�rewhere within the real .property or, at~_Ale"-
discretion, relocated outside the Park.
• 7. FREE 1,7J,-.KET DEVELOPMENT. AMP shall by the City be
given the right to develop 10, free market units on property, as
yet undetermined, either within the City or, if outside, capable
of being annexed. '_ Din developi;ient night shall be transferable
and assignable. Developmant shall procCed in accordance with
existing zoning affecting the property or, .i_n the case cif <11111c';/Od
property, with S}pe-cially Planned Area criteria. The City agrees
(a) to. Enact such enabling legislation or amendments to existing
legislation, including to its Growth Management quota system
legislation, are 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 of
AMP, to annex any property that may hereafter be acquired by A14P
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. RETAINED PARCEL. AMP shall retain ownership of the
quadrilateral shaped piece of property consisting oft.. + acres
and situate at the northeasternmost section of the property
described in Exhibit "A" hereto.
9. FURTHER DOCUUENTS, 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 tale
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.
f 1
I)
I1
10. COVPNI ANT 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 !
1 Agreement may not be passed; provided, however, that the City
1; 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 �;ith the sale
of the Park, and sale of the Park all as above provided and (b)
may enter into binding 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 f
the event this Agreement shall become the subject of litigation '
i
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.
>;;:va.w`+yt3:'x+ra"meo,:z'.-." ru,Frc'r&r..a;^�crtf+++4-er"�pr^+,q• ...r-,ce .,3a......,,R.,yZo. ,.k _ .. _. a+-.rt-vr. a'.-�+rsw+. r� _`:m.*` . , ..
IN WITNT.,SS WHEREOF the parties have executed this
i
instrument the day and year first above written.
ATTEST:
CITY OF ASPEN
By .
City Clerk Herman E el, Mayor
I '
' ASPEN MOUNTAIN PARK PARTNERSHIP
l
ATTEST: SMUGGLER TRAILER PARK HOMEWONERS
' ASSOCIATION
By
(( !
RIXI-ITT10CJ !1 RESOLUTION
OF
THE BOARD OF COUNTY COMMISSIONERS
OF THE
COUNTY OF PITKIN
Resolution No. 80.11-'
WHEREAS, the property more particularly described on
Exhibit "A" attached hereto was, prior to 1977, a part of a larger
tract of land, the balance of which lay situate wholly within the
City of Aspen, all held in single ownership by the Aspen Institute
For Hun,anistic Studies (hereinafter the "Institute"); and,
WHEREAS, in 1977 the Institute, without any subdivision
approval having been first obtained either from the City of Aspen
or Pitkin County, conveyed that portion of the tract of land
. above -described situate wholly within the City of Aspen while
retaining the ownership of the Exhibit "A" property; and,
WHEREAS, as a consequence of the foregoing described
conveyance a de facto subdivision of the entire tract may have
resulted; and,
WHEREAS, Pitkin County is without authority to rescind
the conveyance above -described but rather its rights, if any
in all the circumstances, are or would be limited to prohibiting
development on the Exhibit "A" property; and,
WHEREAS, the Institute proposes to sell the Exhibit "A"
property to the :Aspen Mountain Park Partnership (hereinafter "AMP")
a Colorado general partnership, or its assigns; and,
WHEREAS, AMP, or its assigns intends, upon the consumation
of its purchase of the Exhibit "A" property, to petition the City
of Aspen for annexation to the City of the property and, following
the annexation, to apply to the City of Aspen for appropriate
governmental approvals of any and all development activity proposed
to occur on the property; and,
WIiEREAS, upon the annexation to the City of Aspen of
the Exhibit "A" property. Pitkin County would be without juris-
diction over the property for purposes of subdivision or development
review and approval; and,
WIIEREAS, AMP has sought from Pitkin County a statement
that the proposed sale from the Institute to it is, in all the
circumstances including those set forth in these recitals, without
the intents and purposes of the subdivision regulations of the
Pitkin County Land Use Code and ought, therefore, to be exempted
therefrom and, subject to the terms and conditions hereinbelow
Pitkin County is willing so to state and exempt.
NOW THEREFORE it is hereby resolved that the proposed
sale from the Aspen Institute For Humanistic Studies to the Aspen
Mountain Park Partnership, or its assigns, of the property more
particularly described on Exhibit "A" hereto is 'without the
intents and purposes of the subdivision regulations of the Pitkin
County Land Use Code and is exempted therefrom; provided, however,
that the foregoing is conditioned upon and subject to the following:
a. that annexation to the City of Aspen and appropriate
governmental review approvals from the City shall first be obtained
before any developmental activity shall occur on the property; and
b. that in the event that the Exhibit "A" property
shall for any reason not be caused to be annexed into the City of
Aspen Pitkin County shall have the right to challenge by any
appropriate means available to it the antecedent parceling of the
Exhibit "A" property from the larger tract of which it once was
a part, all as above -described.
C. that the foregoing conditions shall be satisfied
within one year of the date hereof and, if not, this Resolution
shall expire of its own force without further notice or hearing.
DATED:
y ` K ±: .•
• �� �t� j, Tic
�, ••• •••
• (: a I�s)�•
APPROVED AS TO FORM:
SaIldr_a M C11.1-li r _2-
Count.-.y Atto ' �y
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PITKIN
By
Chairman
sOUK400 ,�,���G1
Lot 7, Mock 1,
PIThI:I CI:I:E.i SUBDIVISION
and
A tract of land being part of the SW!, of the SE'. and Lot 14 of Section 1, and
the NWA of the NO., and Lot 14 of Section 12 and part of tract B of the Broum
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 To-,:nship 10 S
Range 85 14. of the 6th P.M. Said tract is r..ore fully described as follo.:s:
Beginning at a point on the northeasterly right of way line of the Denver and
Rio Grande Railroad from whence Corner 20 of the Bro►:rn 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;
thence N. 35°52' W. 159.49 feet to the southeast corner of Lot 23, Block 2,
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' Id. 136.66 feet along said north line of a road to the south-
easterly line of Lot 10, Block 1, Pitkin Green Subdivision;
thence S. 36609' W. 40.89 feet to the most southerly corner of said Lbt 10;
thence northwesterly along the southwesterly lines of Lots 10,9,7,6,5 a;,d 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, Pitkiri 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 For': River;
thence'S. 49°25.'..E. 1. .84 feet along the center line of the Roaring Fork River;
thence S. 0*56''14. 395.28 feet along the center line of the Roarinc, 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 Pork River;
thence N. 63°10' E. 99.98 feet;
thence S. 30°35'.14. 228.37 feet;
thence S. 25*00' E. 82.00 feet;
thence S. 52°00' E. 50.00 feet;
thence S. 64°00' E. 80.00 feet;
thence S. 75°00' E. 125.00 feet;
thence N. 80°00' E. 85.00 feet;
thence S. 87*00' E. 200.00 feet;
thence S. 55°00' E. 100.00 feet;
thence S. 58*00' E. 90.00 feet;
thence S. 50°00'. E. 102.00 feet;
thence S. 86°00' E. 53.00 feet;
thence S. 66°50' E. 170.00 feet;
thence S. 26°24' E. 296.30 feet; „
thence S. 60°33' E. 281.02 feet;
thence N. 84°35' E. 137.70 feet:;
thence N. 65*51' E. 143.20 feet;
Continued.
EM11131T "A"
TO
Pitco B.O.C.C. Ru solution No. 80
90AGO i,1«8G2
thence N.-81°12' 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 e-:est 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 northo-:esterly along the northeasterly right of tray line of the Denver. and
Rio Grande Railroad to the point of beginning.
EXCEPTING T1[EREFRO?t: That portion lying within the right of way of the Denver
and Rio Grande Railroad,
ALSO EXCEPTING, THEREFROM: That portion lying within the Second Aspen Company
Subdivision,
AND ALSO EXCEPTING THEREFROM: Any portion lying within the City of Aspen,
AND ALSO EXCEPTING TiIEREFRUM: Any portion Ding within property, described in
deed recorded June 14, 1960 in Book 191 at page 43,
County of Pitkin, State of Colorado.
EXIIIIIIT "A" conLinued.
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ALBERT KERN
ATTORNEY AND COUNSELOR AT LAW
430 E. HYMAN STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-7411
September 3, 1981
HAND DELIVERED
City of Aspen
Planning & Zoning Commission
130 South Galena Street
Aspen, CO 81611
Gentlemen:
Please be advised that I have been made aware of
the proposed annexation and rezoning by the City of Aspen of
property known as Pitkin Reserve.
Unfortunately, I will not be in town for the Planning
& Zoning Meeting to be held on September 8th; however, I wish
to express my personal concern and objection to the proposed
planned -unit development submitted by the developer. There
are several reasons for my concern, culminating in the
developer's attempt to adversely change the character of the
neighborhood from single family residences to multiple family
housing.
This proposed development is a serious threat to an
area which for years has been and continues to be a pleasant,
uncongested single family neighborhood.
It is rather doubtful that the area in question could
be develped in the manner proposed, under present County zoning
and it remains highly questionable that the annexation of this
property by the City and the contractual zoning arising there-
from is legally justifiable.
I do not in any way suggest that this property cannot
be developed under a conscientious plan allowing for single
family residences consistent with the character of the
neighborhood.
Very truly yours,
av&& � pj�
AK/o Albert n
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"ITT -',ALL 130 Sf)UTtt ST
AS A VOTE?, AttlyT, "7;7Ii",,F1'lT 'rF• ASPrri I STRi`r;«LY 07,7 T CT T.O. THI: PROPOS
�..JLOP*+..!`dT OF 6 R SIDE"'CES 1,710 1". AS PITXlr,!
jt
n --TY P'IOPEPTY. T.i- TM.I _ S1TY OF THIS ;DEVELOP"?Tr. PILL ;011. TATICALLY °, "
Ct :3nrr^ TH7, G'UIr?:T - _ rD,r,TIAL" `.IATURT.'' OF OUR
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1434 EST
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MALONE & HYDE INC
J.R.HYDE,III
CHAIRMAN AND PRESIDENT
September 3, 1981
Aspen Planning and Zoning Commission
Dear Commission Members:
As the owner of a residence at 0972 Willoughby Way in
Pitkin Green, I was shocked and distressed to learn from a
friend of mine that there is a proposed multi -family development
on Willoughby Way in the Pitkin Green area now being considered
for approval. It is my understanding that the Pitkin Reserve
Preliminary Submission of a proposed development of six
duplexes is scheduled for final discussion by you in the
near future.
Although I am not familiar with the technical requirements
for approval such as the flood plane, 3To grade and similar
requirements for the construction of twelve units in the
Pitkin Green area, I am totally opposed to any such multi-
family development in this outstanding residential area of
Aspen. Please consider this letter my objection to the
development of the proposed six duplex units on Willoughby
Way in the Pitkin Green area.
Very truly yours,
P-e- &
9
J. R. Hyde, II
JRHIII:jk
1991 CORPORATE AVENUE / MEMPHIS, TENNESSEE 38132 / 901-345-4240
TO ALL RESIDENTS CONCERNED WITH THE PROPOSED DEVELOPMENT OF THE
PITKIN RESERVE SUBDIVISION SOUTH (BELOW)
WILLOUGHBY WAY
BE AT THE HEARING TO BE HELD BEFORE THE ASPEN PLANNING AND ZONING
COMMISSION TUESDAY. SEPTEMBER 8, 1981, AT 5:00 P.M. IN THE CITY
COUNCIL CHAMBERS IN CITY HALL.
Enclosed is a copy of the Pitkin Reserve Preliminary Submission -
a Proposed Development of Six Duplex Residences that was received
by only a few property owners rather than by all of us who should
be concerned with this proposal.
Please consider the following points:
1) Our zoning is single family residential.. and the proposal
introduces a complete change of character in our neighborhood.
2) Whereas the developers are claiming low density we believe
density figures will prove to be high if one takes into account
the deletions of flood plain, land affected by easements and the
land over 30% in grade.
3) The 12 units proposed are large and the basic design appears
to lend itself to possible further duplexing in the future.
4)If these units come on the short-term rental market (i.e. by
the day and week to skiers) the population could be close to 100
persons (plus cars).
5) Whereas the developers contend that they are keeping some 13
acres as open space, please refer to the enclosed maps, which show
that this acreage is, in reality, a long, thin area along the river
which is not readily developable anyway.
6) We are not averse to fair development in the spirit of present
zoning laws and the character of our area. If these current rules
were to be followed to the letter it is doubtful that any more than
1 or 2 of the 12 units would be approved.
BE AT THIS MEETING. IT IS A MATTER OF UTMOST SIGNIFICANCE TO ALL
OF US AS PROPERTY OWNERS
Concerned neighborhood homeowners
ASPEN SKIING CORPORATION
406 SOUTH MILL • BOX 1248 • ASPEN, COLORADO 81611 • PHONE 303/925-1220
September 18, 1981
{
Planning and Zoning Commission
City of Aspen
130 South Galena
Aspen, CO 81611 I�'K44r.
a �i�a (jfW L
Dear P & Z Members: «'
In light of the recent barrage off`protests directed toward the
city by the residents of Red Mountain and Pitkin Green, I would
like to voice the support of the Aspen Skiing Company with
regard to the conceptual approval of the Smuggler Trailer Park
and free-market development application. We realize this is
not a perfect solution to an unfortuante situation and that
there are some trade-offs and compromises which have been made
in order to help those residents of Smuggler Trailer Park. I
have followed this situation for years, and in this instance,
I belive this is as acceptable a situation as could reasonably
be hoped for. Vacilation or inaction would compound and
perpetuate the already lengthy state of limbo that presently
exists in the trailer park.
I believe the main concern here is in the preservation of the
trailer park as good, affordable, long-term employee housing.
I hope this letter of support from the valley's largest
employer - who has a large number of employees in the park -
will help your resolve in this matter. Hopefully you can con-
centrate your efforts on the planning process and put the con-
ceptual and political process behind you. Thank you for your
concern.
S' cerely,
_a S6Q,
Peter Forsch,
Director of Housing
PF/pmp
ASPEN MOUNTAIN a B R E C K E N R 1 0 G E BUTTERMILK MOUNTAIN S N 0 W M A S S
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN
The undersigned Petitioner, being/ th land owner
within the exterior boundary of the territory he einafter
described, respectfully requests the ty Council f the City of
Aspen to approve the annexation of he proposed area to be
annexed in accordance wtih the p visio s of C.R.S. 103,
31-12-101, et seq., and in support reof alleges as follows:
1. It is neces and de 'cable that the territory
described in Exhibit "A" a tach here be annexed to the City
of Aspen;
2.rThere#-remen s of C.R.S. 1973, 31-12-104 and
r
31-12-105 exi t or ve been met;
3. T i is the owner of more than fifty
p rcent (50%) of the territory sought to be annexed.
LA DESCRIPT ON:
e legal description of the land owned by Petitioner
for h' annexation is sought is attached hereto as Exhibit "A".
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:
ASPEN MOUNTAIN PARK, a Colorado
general partnership
By
Alexander E. Lipkin, a general
partner,
by Robert W. Hughes, his
attorney -in -fact
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The undersigned, being duly sworn, deposes and states
as follows:
1. I am over 21 years of age;
2. I am the circulator of the foregoing Petition;
3. Each signature thereon is the signature of the
person whose name it purports to be.
Leonard M. Oates
Subscribed and sworn to before me this
, 1981, by Leonard M. Oates.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
day of
REQUEST FOR ZONING
WHEREAS, Aspen Mountain Park, in the Petition to which
this request is attached, has 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.
NOW, THEREFORE, Aspen Mountain Park requests 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 classification being a
condition of annexation.
ASPEN MOUNTAIN PARK, a Colorado
general partnership
By
Alexander E. Lipkin
by Robert W. Hughes, his
attorney -in -fact
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 enactment of an ordinance disconnect-
ing the property above -described from the City of Aspen.
DATED:F�1���-\
v ASPEN MOUNTAIN PARK, a Colorado
general
(�a rtner1shi}p \ l Q
IN
OJ
By, )
A,Yexan er E . p in, a general
partner
by Robert W. Hughes, his
attorney -in -fact
CASELOAD SUMMARY SHEET
�a City of Aspen
1. DATE CERTIFIED COMPLETE: Z Zak fir STAFF:
2. APPLICANT:
No. Ss—$1
A"Cld- 31& SA -4 -
3. REPRESENTATIVE:_ V\" 0-k C\- 19V_
4. PROJECT NAME: �� ►��t �.� i�..t.t,�A.+C. �.��.....P�`1- �.� Cr��►, �tn�
5. LOCATION:'
6. TYPE OF APPLICATION:
4 Step: GMP ( 1
PUD (.
X Subdivision
2 Step: �4 Subdivision Exception (_
GMP Exception
Rezoning ('^��x"�`°^ -o �• �,o ��v�
SPA
1 Step: Use Determination
Conditional Use
Special Review
HPC
No. of Steps: Other:
7. CONCEPTUAL REFERRALS:
Attorney Sanitation District
Engineering Dept. Mountain Bell
Housing Parks
Water Holy Cross Electric
City Electric Fire Marshal/Building Dept.
8. DISPOSITION - CONCEPTUAL REVIEW:
P & Z Approved Denied Date
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
Council Approved Denied _ Date
9. PRELIMINARY PLAT REFERRALS:
✓Attorney 'Sanitation District
Engineering Dept. ✓Mountain Bell
Housing Parks
Water ✓ Holy Cross Electric
City Electric ✓ Fire Marshal/Building Dept.
✓ School District
Rocky Mtn. Nat. Gas
_State Highway Dept.
✓ Other QPA CLak-t
10. PRELIMINARY PLAT - PUBLIC HEARING
P & Z f Approved '� Denied — Date Z '� '
hk Nat'
11. FINAL PLAT
Council Approved Denied Date
"Move to approve the Pitkin Reserve Final Plat and to authorize the mayor to
execute the PUD and Subdivision Agreement for Pitkin Reserve, subject to the
following conditions:
1) Approval as to form, by the City Attorney, of the subdivision agree-
ment prior to its execution and recordation;
2) Approval as to form, by the City Engineer, of the final plat, prior to
its recordation; and
3) Approval by the City Engineer, of the values to be provided by the
applicant for the number of water taps and cost per tap, cost of sewer service
and the guarantee .of the construction costs of public improvements."
` Eineerin Other
Attorney � Building _ n 9 9
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING PRELIMINARY PLAT APPROVAL TO THE
PITKIN RESERVE SUBDIVISION
Resolution No. 81 - 12
WHEREAS, the Aspen Planning and Zoning Commission did hold public
hearings on September 8 and September 22 to consider the Pitkin Reserve
Preliminary Plat/PUD Plan; and
WHEREAS, at these hearings the Commission did hear the comments of the
applicant, the Planning Office and numerous residents of the �i•lloughby Way
and Smuggler Trailer Court neighborhoods; and
WHEREAS, .at the close of the hearings, the Commission dial make the
following findings: '
1. That one goal of the Growth Management Plan is to create a balance
in the community, including both employee and free market units. This
project will help. to maintain that balance in Aspen.
2. That the site plan for the Pitkin Reserve Subdivision is an environ-
mentally -sensitive proposal, including cluster development to
minimize the need for impervious surfaces, solar orientation and
development contoured to the site.
3. That the proposed development provides a means by which nearly 20
of the 26 acres within the subdivision can be preserved as open space
in perpetuity.
4. That the zoning currently in effect in the County does permit the
density (nearly 16 units) and the type of development (duplexes
allowed by special review) which is contemplated following
annexa-tion of the property into the City, and that -the annexation procedure
appears to be proper,
5. That the applicant is willing to accept a requirement that the units
- be limited to six month minimum leases, with no more than two shorter
tenancies per year, eliminating the possibility of these units being
rented on a short term basis.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Conuni,ssion of
the City of Aspen, Colorado, that it does hereby grant preliminary plat/PUD
approval to the Pitkin Reserve Subdivision, that it does he.reby adopt this plat
as the precise plan for the area, including zoning the parcel as R-30, and that
it does hereby permit development on this site on slopes in excess of 40 percent.
BE IT FURTHER RESOLVED by the Planning and Zoning Commission that it
recommends that -City Council exempt the 12 free market units and 1 employee unit
from the GMP, and that Council specifically earmark the park dedication fees for
this project for the construction of a foot bridge across the Roaring Fork
River, tied into the bike and trail network.
BE IT FINALLY RESOLVED by the Planning and Zoning Commission that it
recommends that the following be the conditions of approval of this project:
1. Annexation of the subject property prior to final plat approval.
2. Adoption of an 85:15 code amendment prior to final plat approval.
3. Submission of a subdivision/PUD agreement by the applicant prior to
final plat approval. The agreement shall include all those items
required of the subdivider in Section 20-16 of the Code, shall provide
a schedule for completion of all proposed improvements and shall
provide a mechanism for guaranteeing that these improvements will be
completely financed by the applicant. Specific items which should be
included in the Agreement include the following:
a. A provision that in the event any portion of the existing Rio
Grande horse and bicycle trail is damaged or removed as a result
of the Pitkin Reserve project, that the applicants will repair
such damage or replace the trail immediately at their full
expense.
b. A provision that the applicants will dedicate to the City a
12 foot pedestrian trail easement connecting the Rio Grande
Trail -to Willoughby Way.
c. A provision that the applicants will provide a looped water
distribution.system interconnected between the transmission main
across from the property on a N/S axis and the distribution system
located in the Black Birch/Red Butte Subdivisions.
d. A provision that the applicants will permit the Aspen Metro Sanita-
tion District engineers to inspect the construction of. the main
trunk sewer lines and that these lines are turned over to AMSD with
the proper easements.
e. A provision that all utilities crossing the site will be placed
underground.
f. Agreements concerning open space and common facilities maintenance,
landscaping and park dedication fees.
g. Agreement, by the applicant to post a performance bond to insure
that a development schedule which is acceptable to the Planning
Office is adhered to and that proposed landscaping and site ameni-.
- ties are provided in a timely fashion.
h. Agreement by the applicant to assume the costs of any construction
impacts on Willoughby Way.
4. Revision of the. preliminary plat to include an index sheet, date of
preparation, and surveyors certificate, signature and seal. The plat
shall also include a note disclosing to any purchaser of lot 6 that
the unit is proximate to the railroad right-of-way, which someday may
again be actively used for transportation.purposes.
5. The applicant's compliance with functional and safe intersection design
for private streets.
6. The applicant providing a deed restriction limiting the one bedroom
caretaker unit to low income housing guidelines and occupancy limits.
The price guidelines to which the new unit is restricted shall be those
which are in place for new units at the time of exemption from the GMP
by City Council. The units shall be eligible thereafter for annual
price adjustments as existing units, according to the approved rates
of the City of Aspen.
7. The applicant agreeing to restrict all the units to six month minimum
leases with no more than two shorter tenancies per year.
8. The applicant providing a deed restriction liriliting development of
the site to no more than 12 free market units and one employee unit and
preserving the common areas as open space in perpetuity.
Approved this twenty-ninth day of September, 1981 by the Aspen Planning
and Zoning Commission at a special meeting.
ASPEN PLANNING AND ZONING COMMISSION
ATTEST:
Deputy City Clerk
By:
Olof Hedstrom, Chairman
s
670
MEMORANDUM
TO: Aspen City Council
FROM: Jack Johnson, Planning Office
RE: Pitkin Reserve Conceptual PUD Submission // v
DATE: June 8, 1981 APPROVED AS TO FORM:
Background: The property which is the su!>ject of th s applican is pres-
ently located in the County north of the Aspen Institute site
(across the Roaring Fork River). A petition for annexation
of this 26+ acre parcel into the City limits has been filed
with the City of Aspen and has been verified as a valid peti-
tion. The request for annexation will be submitted to City
Council concurrent with the final plat stage of review. This
annexation petition is of a kind which may be adopted by ordi-
nance without public hearing or notice because of 100% owner-
ship participation in the request. Should this conceptual
PUD submission be approved by City Council a request for
SPA/R-30 zoning of the subject property and an application for
the "70-30 Ordinance" will accompany the preliminary plat
application to P & Z as the next stage of this process. The
final stage in the process involves final plat, SPA/R-30
zoning, "70-30 Ordinance" approval and annexation/deannexation
before City Council. One additional element will be necessary
in this process. A Code Amendment will accompany the
Smuggler Trailer Park Preliminary Plat to P & Z and the
Final Plat to City Council requesting consideration of a
"90-10 Ordinance" (similar to the present "70-30 Ordinance").
This Code Amendment will provide for exemption from the Growth
Management Plan residential quota system for any project
which provides at least 90% existing employee housing for
10% free market housing. Once initiated and adopted, this
new ordinance is proposed by the developer to be applied to
the Pitkin Reserve project at the preliminary and final plat
stage to accommodate the free market development. (See follow-
ing diagram for procedural illustration.)
P & Z CC P & Z CC
-Conceptual Submission
'Conceptual Submission
-Preliminary Plat
-Final Plat/PUD
-PUD
-PUD
-PUD
•SPA/R-30 Zoning
-SPA/R-30 Zoning
-90-10 Ordinance
-90-10 Ordinance
-70-30 Ordinance
•70-30 Ordinance
-Annexation
-Deannexation
This application is related to an application which has received
conceptual approval by both P & Z and City Council requesting
consideration of Smuggler Mobile Home Park Conceptual Submission.
The relationship between these two separate applications in-
volves the desire by the City of Aspen to preserve the
Smuggler Mobile Home Park as a compliment to the employee
housing pool vs. the threat of losing these units to the
open market. In an agreement between Aspen Mountain Park
Partnership, the City of Aspen and the Smuggler Trailer Park
Homeowners Association, terms were set forth whereby each
party to the agreement consented to certain concessions and
accepted certain responsibilities in attempting to implement
those terms. The City of Aspen agreed to participate in
good faith, to the degree possible, to effectuate enabling
legislation and necessary approvals of land use and zoning
applications to accomplish this project. "To effectuate
enabling legislation" refers to adoption of the "90-10
Ordinance" eluded to in the preceeding paragraph. This
Memo: Pitkin Reserve Conceptual PUD Submission
June 8, 1981
Page Two
would create the vehicle to restrict the 87 existing mobile
home spaces plus an additional 22 spaces proposed in the
Smuggler Mobile Home Park as employee units in exchange
for 19 free market units to be exempt from GMP and developed
in other locations. Twelve (12) of these ninteen (19) units
are the subject of this application.
The County has also entered into an agreement with the
applicants. The County has interests in certain railroad
right-of-way which runs through the applicant's property;
of which the County has agreed to cross convey such interests
to the applicants to enhance the overall site design in
exchange for certain other contiguous property which has
frontage on the Roaring Fork River. The result will be the
relocation of the existing railroad right-of-way slightly
south of its present alignment. This will create a better
development site to the north of the right-of-way for the
six duplex structures and the land area to the south of the
relocated right-of-way will be restricted to park and open
space under County ownership.
Applicants'
Request: Conceptual PUD Approval of the Pitkin Reserve Development
for six duplex residences (12 units).
Referral
Comments: Aspen Water Department - No water is available on site.
There is a 16" Transmission Main nearby, but a main must
be extended and we recommend a 4" interconnect be connected
to the cul-de-sac in Black Birch.
Environmental Health Department - No comments on this con-
ceptual submission; will comment further when more detail
is submitted.
City Attorney's Office - According to C.R.S. 1973 31-12-115,
the municipality may institute zoning and subdivision pro-
ced es after the applicant's petition for annexation has
been found to be valid in accordance with provisions of
C.R.S. 1973 31-12-107. In this instance, the applicant's
petition has been found to be valid.
Trails Director - In reviewing this application relative
to the existing Rio Grande Bicycle Trail the following
requests are submitted. The proponent offers assurances
that in the event any portion of the existing trail is
damaged or removed as a result of work on their project,
that they repair such damage or replace the trail immediately
at their full expense and that a bond of sufficient amount
be issued to cover any damages or replacement.
Second, the Willoughby Way/Pitkin Green Neighborhood has
no formal access to the Rio Grande Trail, such access, via
dedication of a 10' pedestrian trail easement, should be
provided by the proponent as a condition of approval. The
added density to the neighborhood will no doubt make such
access more important to obtain in the future.
Engineering Department -
Annexation
1. The application as submitted satisfies our needs for
information pertaining to annexation. The annexa-
tion boundary is defined and could easily be modi-
fied to reflect the existing city boundary adjacent
to the parcel to be annexed.
Memo: Pitkin Reserve Conceptual PUD Submission
June 8, 1981
Page Three
2. The common boundary between the City and parcel is
well in excess of the one -sixth requirement of
statute 31-12-104.
3. Annexation would require a letter from the County
permitting the effective subdivision of a portion
of their right-of-way per State statute 31-12-105.
4. The applicant has stated that the County is to re-
locate the Railroad easement to accommodate the
existing bicycle path. Any relocation of the ease-
ment should be contingent on maintaining suitable
minimum radii comparable to those already existing
along the alignment. In addition, an easement must
be maintained along the existing alignment to accom-
modate the existing sewer line and an easement suit-
able to the Water Department must be designated to
accommodate any future water lines. This water
easement would replace an easement in the existing
right-of-way for anticipated water line construction.
Conceptual P.U.D.
P.U.D. Approval would be required to allow variation of
minimum distance between buildings in order to create
the duplex structures. The P.U.D. would also address
the special ability of the design to accommodate the
steeply sloping site.
The following should be noted:
1. The site plan does involve significant cut/fill work
to accommodate construction although the end result
will be fairly acceptable if the applicant is held
to his ambitious retaining wall and landscaping con-
cept. It may be desirable to require special atten-
tion to site grading in the preliminary P.U.D. plan.
2. The applicati'onmentions creation of individual lots
for each unit. If this is the development plan, the
lots must be in compliance with minimum zoning re-
quirements in the R-30 zone and must meet the require-
ments of Section 20-17. (Lot dimensions will be
established via SPA to be submitted at preliminary
plat stage. JJ)
Conceptual Subdivision
As an application for conceptual subdivision, we have
the following comments:
1. It is not clear from the application how the parcel
came to be separated from the Aspen Institute's owner-
ship. Although the parcel represents the Institute's
property outside the City limits, the total property
would still require subdivision prior to transfer of
ownership. This may have occurred subject only to
County comment.
2. Sale of the 12 single-family units would require re-
cordation of a condominium plat indicating individual
units, lots, and common ownerships.
Memo: Pitkin Reserve Conceptual PUD Submission
June 8, 1981
Page Four
Planning Office - A very integral relationship exists between
this Pitkin Reserve Conceptual Submission and the application
for Smuggler Mobile Home Park Conceptual Submission which was
granted conceptual PUD approval by both P & Z and City Council
recently. As discussed in the background of this memo, sepa-
rate agreements between the applicants and the County and
between the applicants and the City exist which set forth
conditions for development in both applications (see attached
Agreements). This application appears to be generally consis-
tent with both Agreements at this conceptual level of review.
However, certain conditions of both Agreements, by necessity,
are unable to be properly addressed at conceptual stage and,
therefore, should appropriately become conditions of any
approvals given to this application. These conditions will
be enumerated with Planning Office Recommendations.
Review of the site plan characteristics of this application
reveal this to be a very aggressive but creative proposal,
given the degree of slope to which the six duplex structures
are proposed to be constructed in tradeout for preserving
more desirable portions of the site for common area and
open space. The P & Z has authority to approve or dis-
approve any request to b0 ld on slopes in excess of 40%.
Portions of at least three of these six building sites will
require considerable "earthwork" in order to recess the
structures into 40%+ slopes. Additionally, the access road
to these individual structures will traverse a variance of
0+ to 40+ slopes before intersecting Uilloughby Way. If
this access road is to be dedicated as a public street it
should comply with Section 20-17 Design Standards. If this
road is to be maintained as a private street, as a common
element under Homeowners Association, at a minimum, the
intersection with Willoughby Way should be at a 900 right
angle with atgrade stacking capacity for at least two
vehicles. The application indicates that sanitation,
water, telephone and electric lines are on the site. This
is contrary to certain referral comments received by the
Planning Office. Extension of all appropriate utilities
is necessary and should be addressed in detail at the Pre-
liminary Plat stage of review.
Pending approval of this Conceptual PUD Submission, the
site plan characteristics will be refined into specific
area and bulk requirements under the foundation of the R-30
zone district and negotiated under an SPA zoning application.
Conceptually, the site plan characteristics may be repre-
sented in a statistical format as follows (see attached
site plan as an illustrational aid):
STATISTICAL PROFILE
GROSS ACREAGE
SLOPE REDUCTION APPLIED TO
DEVELOPABLE AREA
DEVELOPABLE SITE
GROSS DENISTY
20.0 Ac --- ,1 - river and flood plain
11.7 Ac _-- - excessive slopes
8.4 Ac r - % of restricted open space
6.5 Ac 12 dwelling units
.5 Ac/DU
Memo: Pitkin Reserve Conceptual PUD Submission
June 8, 1981
Page Five
DESIGN FEATURES
- 6 duplexes or 12 units (3 bedrooms each @ approx. 2,250 sq. ft.)
- Lot sizes vary from 6,000 sq. ft. to 10,000 sq. ft.
- Duplexes on zero lot line with fee title to lot plus 1/12 interest
in common areas.
- Platted portions of 6.5 Ac. development site = 35 private ownerships
- 65% common open space with amenity structure (sauna, hot tup, steam
room)
- One deed restricted studio apartment as caretaker facility.
*Caretaker unit was mentioned in application; however, was not specifically
requested, was not calculated into the density equation, was not illustrated
on site plan and was not recognized in agreement with City or County at the
time conceputal PUD application was received by P & Z. On June 1, 1981, on the
day of the writing of this memo, the applicant received approval from the Board
of County Commissioners of an amendment to the agreement between AMP and the
County which allows for the consideration of a 13th deed -restricted unit where
only 12 units maximum were entitled for consideration in the original agreement.
The amendment to the agreement simply opens an option for review of the 13th
unit with no disposition on the merits of the caretaker unit by the Board. The
Planning Office has not received specific information on the additional care-
taker unit nor ample time to review the issue to offer a recommendation.
This application is of the type for which the purposes of
the PUD were intended. This application satisfies the
purposes and design approaches of the PUD Article. Variations
from zoning code requirements are not being specifically
requested in this application for the purposes of accom-
plishing this project. Requests for variances would normally
be necessary if the property were currently within the City
limits and zoned residentially. However, all development
plan requirements will be established through the review
of this project under SPA/PUD with an underlying R-30 zone
district. All other relative provisions of the Municipal
Code will be applicable to this project upon completion of
the process except where specifically indicated otherwise
in the final SPA plan adopted.
The history of this application and the interplay of many
variables make this a complex case to assess in a compre-
hensive manner in the form of a written memorandum. This
memo should provide a framework from which a more thorough
evaluation and understanding of the interrelationships of
the variables which bear on this case, which shall be pre-
sented at the regular meeting.
Planning
Office
Recommendations: Planning Office recommends approval of this Conceptual PUD
Submission of the Pitkin Reserve Development subject to the
following conditions:
1. Annexation of the subject property prior to final
plat approval,
2. Adoption of a 90-10 Code Amendment prior to final
plat approval,
Memo: Pitkin Reserve Conceptual PUD Submission
June 8, 1981
Page Six
3. Assurances protecting the horse trail and Ri,o Grande
Trail and provision of a 12 foot trail easement as per
Trails Director comments,
4, Extension and undergrounding of all necessary utilities,
5. Compliance with Code Design Standards for public streets
or functional and safe intersection design for private
streets.
P & Z Action: At a special meeting on April 14, 1981, the Planning and
Zoning Commission recommended approval of this Conceptual
PUD Submission of the Pitkin Reserve Development subject to
the conditions as outlined under Planning Office Recommenda-
tions.
City Council
Action: Should Council concur with recommendation of both the Planning
Office and the P & Z, the appropriate motion would be:
"I move approval of this Conceptual PUD Submission of
the Pitkin Reserve Development subject to the following
conditions:
1. Annexation of the subject property prior to final
plat approval,
2. Adoption of a 90-10 Code Amendment prior to final
plat approval,
3. Assurances protecting the horse trail and Rio Grande
Trail and provision of a 12 foot trail easement as
per Trails Director comments,
4. Extension and undergrounding of all necessary
utilities,
5. Compliance with Code Design. Standards for public
streets or functional and safe intersection design
for private streets."
�w
LAW OFFICES
F!�
i
GATES, HUGHES & KNEZEVICH
It 1�
_ s
PROFESSIONAL CORPORATION
/ bPEN / NITIMOCO
SUITE 200
PLANNING OFFICE
600 EAST HOPKINS AVENUE
LEONARD M. OATES
ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
June 2, 1981
AREA CODE 303
DEBORAH OUINN
TELEPHONE 920-1700
Mr. Jack Johnson
Aspen/Pitkin Planning Office
130 S. Galena Street
Aspen, Colorado 81611
Re: Pitkin Reserve Conceptual Submission
Dear Jack:
Kindly allow this letter to serve as a request of the
City Council conceptually to consider a caretaker unit in connec-
tion with its review of the Pitkin Reserve project. As you know,
the County agreed to amend its earlier Agreement, dated October 7,
1980, with Aspen Mountain Park in order to permit consideration
by the City of a caretaker unit in addition to the development
activity described in the earlier Agreement.
Thank you for your consideration.
Sincerely,
OATE5, HUGIEj &IKNEZEVICH, P.C.
LE..'
PUN
RWH/caa
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH May 19, 1981
DEBORAH OUINN
Board of County Commissioners
506 E. Main Street
Aspen, Colorado 81611
Dear Board Members:
We have asked for a few moments on your Tuesday, May 26,
1981 agenda to discuss with you the possibility of amending the
Agreement dated October 7, 1980, between Pitkin County and Aspen
Mountain Park Partnership ("AMP") with respect to the approximately
18 acres below the Pitkin Green Subdivision. A copy of that Agree-
ment is attached. Briefly, to refresh your recollection, that Agree-
ment provides (1) for the exchange of deeds between the County and
AMP in order to effect a minor relocation of the Rio Grande Railroad
Right -of -Way (which is owned by the County), thereby creating a more
sizable tract for AMP's free-market development; (2) that AMP's free-
market development shall be restricted in number to 12 free market
units and in location to the north of the relocated right-of-way; and
(3) all of AMP's remaining property to the south of the relocated
right-of-way shall be and remain park and open space. Additionally,
the County agreed to cooperate in the annexation of the property to
the City (and has already joined in an annexation petition) in order
that AMP's free-market development can be processed in the context
of its Settlement Agreement negotiated with the City last fall with
respect to the Smuggler Trailer Park.
The City review process for AMP's free-market development
has already begun. The project has been called the Pitkin Reserve
Subdivision and was conceptually approved by the Aspen Planning &
Zoning Commission (one dissenting vote) on April 7, 1981, with some
rather favorable comments.. A copy of AMP's conceptual submission to
the City of Aspen also accompanies this letter.
In the course of refining the development concept, it has
occurred to AMP's planning consultants that an extra living unit, for
the exclusive use (i.e., an employee housing unit) of a caretaker for
the project, would be advisable from the dual standpoints of adding
to the employee housing inventory and enhancing the marketability
(through security for and maintenance) of the project by the presence
of a year-round caretaker. Such an additional unit, even though
strictly an employee housing unit, would, of course, require an
amendment to the Agreement between Pitkin County and AMP.
OATES, HUGHES & KNEZEVIGH, P. C.
Board of County Commissioners
May 19, 1981
Page Two
We would like the opportunity, then, to explore with you
the possibility of such an amendment at your meeting scheduled for
May 26, and intend at that meeting to have the architect for the
Pitkin Reserve project present to you more specific details con-
cerning the proposed caretaker unit. Incidentally, we have dis-
cussed this concept with the Aspen/Pitkin Planning Office. While
the Planning Office does not appear to have any strong objections
to a caretaker unit, it justifiably feels that it cannot seriously
explore the idea unless and until the County is in agreement.
Needless to say, we invite any comments of the Planning Office (Jack
Johnson) at your May 26th meeting.
Thank you for your time and consideration.
Sincerejt�,
E
tt-
GATES, J UGHES- KN ZEVICH, P.C.
By
Rob6rt'W. Huqhes
RWH/caa
cc: Aspen Pitkin Planning Office"
Jack Johnson
pitEc.ri county
506 east main street
aspen, colorado 61611
M E M O R A N D U M
TO: Allen Richman, Planning Offic
FROM: Jim Hamilton, Housing Office
DATE: April 23, 1981
RE: Smuggler Mobile Home Park
As you anticipated, the County is -extremely interested in the proposed
additional development in the Smuggler Mobile Home Park. Our major
concern centers around the proposed addition of twenty-six (26) new
trailers and the need for an adequate circulation system which will
be necessary as a result of the employee housing development being
proposed north of the mobile home park.
The County Engineer, Pat Dobie, and myself have investigated several
possible circulation plans for the area. Nearly all of the plans
call for a new road to be constructed immediately north of the property
line of the mobile home park. To facilitate this construction, last
fall the County entered into an agreement with the Aspen Mountain
Park Partnership (AMP) to secure approximately one (1) acre of land
on the northeast corner of the park.
The alignment of a road through the one acre parcel would be adequate,
but would require a cut of between 20 and 30 feet through a knoll
on the Kuhne property. A more appropriate alignment of the road would
be to the south of the knoll. This alignment, however, would require
an additional easement from AMP and would be in conflict with AMP's
plan to locate approximately eighteen (18) new mobile homes in that
area. Of these eighteen (18) trailers, about ten (10) would need to
be relocated.
As a result of conversations with AMP, it is clear that they would
like to accommodate our road alignment, but have few options for
relocating the ten (10) trailers to be displaced. We have investigated
two possible.relocation plans, neither of which are acceptable to the
County.
In investigating relocation possibilities, one of my suggestions was to
simply eliminate the ten trailers. This suggestion was flatly rejected
by AMP. Apparently there are several reasons for maintaining the
development of all twenty-six (26) trailers. One of the major reasons,
as explained to me, was so that the profits derived from the sale of
twenty-six (26) new trailers would be used to improve the park in
accordance with the provisions of the agreement between AMP and the
A
J
Memorandum
Smuggler Mobile Home Park
April 23, 1981
PAGE TWO
City' of Aspen.
It is my belief, and this has been expressed to AMP, that their profit
expectation is unrealistically highe Therefore, the expected profit on
the sale of new trailers will not provide an adequate amount of money it
an appropriate time frame to facilitate the proposed improvements.
Additionally, the County would not like to see new trailers placed in
that area. We feel it more appropriate to develop structures of a more
permanent nature. In my opinion, the optimum development for that area
would be as follows:
1) To have AMP grant an easement to Pitkin County so as to provide
for a more appropriate road alignment.
2) Have Pitkin County give back to AMP the parcel originally given
to the County for the road alignment.
3) Eliminate the plan to place 26 additional trailers in the park
and replace them with a more permanent structure on the one acre
parcel given back to AMP.
I feel that this proposal would provide for more open space in the park
for the existing tenants; would provide better and more permanent housing
opportunities for employees; and would have a more positive impact on the
surrounding neighborhood.
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH AREA CODE 303
DEBORAH QUINN April 7, 1981 TELEPHONE 920-1700
City/County Planning Office
103 S. Galena Street
Aspen, Colorado 81611
Attn: Richard Grice
Re: Aspen Mountain Park/
Pitkin Reserve Conceptual Submission
Dear Richard:
You have asked me to supplement my April 2, 1981 letter
to you -- specifically with respect to the paragraph regarding
so-called Parcel A of the proposed trailer park subdivision.
Parcel A, as you know, contains the 87± trailer spaces
and mobile homes that comprise the present trailer park. Pursuant
to the Settlement Agreement, the spaces themselves are to be sold
to the mobile home owners at a mean per space price of $25,000.00.
From the time of sale and thereafter, the mobile homes and the
trailer spaces will be restricted in terms of rental and resale
price controls to the ranges set forth in the housing price guide-
lines from time to time adopted by the City.
It is my understanding that the City Housing Director is
formulating the precise mechanics and control formulas, which I
believe will incorporate a fair market value appraisal of the indi-
vidual trailers, which when added to the land cost will establish a
base price against which a yearly escalator consistent with housing
guidelines will be applied. Since the park owners own only the real
estate and the mobile home owners own only the trailers themselves,
technically the conversion from uncontrolled housing to deed restricted
housing requires a combined effort of the park owners and the tenants.
Please call me if you have any questions.
Sincerely,
OATES, HUGHESS & KNEZEVICH, P.C.
1 t
By
RWH/caa
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81611
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN April 2, 1981
City/County Planning Office
103 S. Galena Street
Aspen, Colorado 81611
Attn: Richard Grice
Re: Amendment to Smuggler Mobile Home Park
Conceptual Submission, dated March 18,
1981, and Pitkin Reserve Conceptual
Submission
Dear Richard:
AREA CODE 303
TELEPHONE 920-1700
At your request, and as we have discussed over the past
several days, this letter shall serve to clarify the above -referenced
conceptual submissions as follows:
1. Smuggler Mobile Home Park. The five -parcel subdivision
contemplated under this submission, we believe, might be sustained
under existing legislation as follows:
a. Parcel E. Given that this parcel is to accommodate
the relocation of the existing Victorian home within the Park, the
creation of this lot is excepted from the GMP pursuant to
Section 24-11.2(d) -- i.e., the lot split exception.
b. Parcels C and D. These parcels are proposed for
the expansion of the Park by some 26 mobile homes as is more particu-
larly described in the Settlement Agreement that has been incorporated
into the original submission. Given that these areas are to be
developed (with the addition of mobile homes) and sold as controlled
(i.e., middle income) housing units at prices within,the range set
forth in Resolution No. 18, Series of 1980 of the Aspen City Council
concerning housing price guidelines, these parcels should be excepted
from GMP under Section 24-11.2(h).
C. Parcel B. This parcel has been proposed for dis-
connection from the 'City Aspen by the application of the appli-
cants herein filed with the City Clerk on February 24, 1981, pur-
suant to Sections 31-12-501, et seq C.R.S. 1973. We have been given
to understand (by the former City Attorney) that when disconnected
this will operate as a de jure/de facto subdivision.
DATES, HUGHES & KNEZEVICH, P. C.
Richard Grice
April 2, 1981
Page Two
d. Parcel A. Parcel A is the parcel that remains
after the subdivision of the above -referenced lots and contains
essentially the present "as developed" Smuggler Trailer Park.
Since no development is to occur,the creation of this parcel as
such is not covered by the GMP.
2. Pitkin Reserve. The twelve free market units con-
templated by this submission should be reviewed under existing
legislation in terms of the so-called 70-30 exception from GMP,
[Section 24-11.2(i)]. The controlled deed restricted units to be
considered in this analysis are those above -described and proposed
for development on parcels C and D of the Smuggler Home Park. This
analysis yields eleven of the twelve free market units proposed.
The remaining unit proposed (as well as the balance of the 19 free
market units described in the Settlement Agreement above -mentioned)
should be reviewed in terms of the so-called 90-10 ordinance that
has been drafted by us and proposed for adoption as an exception
to the GMP, again pursuant to the Settlement Agreement.
I believe this answers your recent questions. More
importantly, I believe that it is important and request that you
so consider, review and advise the legislative bodies to which
the submissions are to be reviewed, that both of these submissions
emanate from the single Settlement Agreement, which integrates the
two. As such, both submissions might be reviewed as separate phases
of a single project -- approval of each phase being conditioned upon
approval of the other.
Needless to say, please call either myself or Rick Ferrell
if you have any questions. Thank you for your consideration.
S
3
RWH/caa
C.
10
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 61611
LEONARD M. OATES
ROBERT W. HUGHES
February 12, 1981 AREA CODE 303
RICHARD A. KNEZEVICH
DEBORAH QUINN
TELEPHONE 920-1700
Robert B. Edmondson, Esq.
GRUETER & EDMONDSON
430 E. Main Street
Aspen, Colorado 81611
Re: Aspen Mountain Park
Dear Bob:
This letter shall serve to confirm our earlier
understanding that the review process in connection with the
submission of Aspen Mountain Park for development of the
18-20± acres it recently acquired from the Aspen Institute for
Humanistic Studies might occur and may continue prior to and
simultaneously with proceedings to annex the property into the
City of Aspen. As I indicated yesterday on the telephone, we
are presently awaiting the preparation of an Annexation Map
and have by Jim Reser of Alpine Surveys been given to understand
that this will be completed hopefully no later than the end of
this week. As soon as we receive the map, we intend immediately
to submit it to the City, along with our Petition for Annexation
and Request for Zoning of the property to a Specially Planned
Area, all pursuant to the Settlement Agreement of last fall by
and among Aspen Mountain Park, the City of Aspen and the
Smuggler Trailer Park Homeowner's Association.
Aspen Mountain Park understands and agrees that while
development review and annexation proceedings might be processed
as outlined above, actual annexation of the property by the City
in and of itself shall in nowise be construed as necessarily
creating through estoppel or otherwise a right to develop the
property.
If the foregoing accurately reflects our understand-
ing, I would appreciate you so confirming on the signature line
OATES, HUGHES & KNEZEVICH, P. G.
Robert B. Edmondson, Esq.
February 12, 1981
Page Two
hereinbelow provided, and returning an executed copy of this
letter to me.
Thank you for your assistance and consideration.
RWH/caa
AGREED:
Robert B. Edmondson
Acting City Attorney
City of Aspen
Sincerely,
OATES,- HUGHE£ & KNEZEVICH, P.C.
By ( l%
Robert W. Hu L
I
PITKIN RESERVE CONCEPTUAL SUBMISSION
A PROPOSED DEVELOPMENT OF SIX DUPLEX RESIDENCES
Aspen Mountain Park/InL-erwest, Inc.
710 E. Durant Avenue
Aspen, Colorado
Michael Lipkin/Rick Ferrell
(303) 925-2772
INTRODUCTION
This document is an application for "Conceptual SPA and
Subdivision" review for Pitkin Reserve, a residential develop -
ment of 6 duplexes on a 20 acre parcel previously owned by the
Aspen Institute. An application for the annexation of this
land into the City of Aspen is being co-ordinated with this
submission. In an existing agreement with Pitkin County, we
have agreed to restrict development to only 12 houses - all
on the parcel north of the County owned railroad R.O.W. so
that all of the land south of this R.O.W. will remain open
space for park and recreational use. In exchange, the County
will move the railroad R.O.W. so that it follows the existing
bicycle path.
This proposed residential development results from a settle-
ment agreement with the City of Aspen whereby, Smuggler Park
will be upgraded, enlarged and converted to restricted employee
housing. The tenants will be given the opportunity to purchase
the underlying land and form a co-op. For those who do not
choose to purchase, PMH rental guidelines will be established.
THE PROPERTY
The subject property is 20+/- acres bordered by the Roaring
Fork River and Willoughby Way and bisected by a 100-foot wide
railroad R.O.W. that is owned by Pitkin County. From the 800
feet of frontage on Willoughby Way, the sage and brush covered
land slopes down at 20-40% to a broad meadow that stretches
to the densely wooded 4,500 foot long corridor along the Roar-
ing Fork. The site affords spectacular views of Aspen Mountain,
Mt. Sopris and Independence Pass, and the orientation is ideal
for passive solar heat gain.
PLANNING OBJECTIVES/ARCHITECTURAL CONCEPT
The architectural concept that has evolved for Pitkin Reserve
is a response to a series of decisions that resulted from our
commitment to low -impact land development and a belief that
the opportunity exists for built forms to both enhance and sup-
port landscape on our site. Our initial decision was to pre-
serve as much open space as possible for the use of the public
as well as the residents of Pitkin Reserve and to avoid deve-
lopment is the corridor along the Roaring Fork River.
It was felt that the large open, central meadow should be
preserved for both its spacial quality and its ability to retain
soils and water that have been depos..ted there and support the
rich natural vegetation. We also fe__t that both the public
recreational space and the private residences would benefit from
maximum separation. Our site planning defines the northern
boundaries of this field by answering the bend in the Roaring
Fork, which defines the southern boundary. This central space
has become a focus for the project with all of the houses both
defining and experiencing this space. In addition, our site
plan maximizes the views of Aspen Mountain, Mt. Sopris and In-
dependence Pass, as seen from all 12 residences. At the same
time, the site plan almost completely eliminates one's seeing
any other buildings once inside one's home.
We attempted to minimize the impact of all construction.
The road is located where it can most easily negotiated the
terrain and the houses are sited to limit the length of each
driveway. Road cut and fill will be minimized, all disturbed
soils will be stabilized, revegetated,and supported with
boulders and retaining walls that will be coordinated with the
landscape planning. The area of the road requiring the greatest
degree of retaining or fill - where the road starts at Willough-
by Way - will be supported by the north wall of houses 6E and
6W. Building six duplexes rather than 12 single houses also
greatly reduces road and driveway requirements, as well as
limits the number of built structures. Building mass is fur-
ther minimized by embedding the houses into the hill, by limit-
ing the height to two stories, and by the compactness of the
design - the "footprint" of these duplexes is no larger than
those of the surrounding single family houses.
our decision to build on the slope below Willoughby Way -
which is consistent with the surrounding development and the
town of Aspen's policy to build on the valley wall and leave
the valley floor undeveloped - was further supported by our
feeling that in its present state it was the least attractive
portion of the site - supporting only low brush and sage - and
would be most enhanced by sensitive development. The concept
is to create a landscape armature of railroad -tie and stone
retaining walls, berms, boulders and terraces which will hold
soil, water and support very rich plantings. This landscape
armature disquises garages. mechanical rooms, storage,
bedrooms and building mass. Zhis armature follows the terrain
- stepping across the hill - and the living rooms, kitchens,
dining rooms and master bedrooms sit quietly above and behind
it, rotated 45 degrees into the hill and towards the sun and
Aspen Mountain. Pulling this upper level into the hill mini-
mizes the visible mass and allows the landscape armature to take
over.
The combination of passive heat gain made possible by the
southern exposure and the massive insulation and thermal modera-
tion developed by embedding the unite in the ground should take
care of a vast majority of these homes' heating and cooling
requirements. Sanitation, water, telephone and electric lines
are on the site. The soils in the area we intend to develop
are stable, have good drainage and suggest no problems. Addi•-
tional soils tests will be performed. We are considering two
additional buildings - a small restricted employee residence
for a caretaker where a plow or snow blower would be stored and
a small, low, sod -roofed structure to house a sauna and jacuzzi.
FUTURE OWNERSHIP INTENTIONS
It is the developer's intention to subdivide the property
into twelve (12) single family lots. Each lot consisting of
the property immediately under and in the vicinity of each
home. There will be significant areas in common ownership
(e.g. amenity building, open spaces, driveway, caretaker/ em-
ployee facility) and each owner shall receive a 1/12 ownership
interest in the common areas with his fee simple lot. The
homes will be paired in a "duplex" fashion with a common wall
straddling the lot line - a zero lot line - and each pair of
owners will execute a party wall agreement governing the owner-
ship, maintenance, etc. of their common wall.
DENSITY CALCULATIONS
Total Acreage
Less Excluded Areas
River
3.2637 ac.
Floodplain
4.8652 ac.
County Owned
R.R.
5.9974 ac.
Water Line
0.1911 ac.
14.3174 ac.
Slope Reduction - applied to
26.08 acres
-14.3174 acres
0-20o slops- 7.5848 ac. x 1000 = 7.5848 ac.
21-30o slopes- 1.1640 ac. x 500 = .5843 ac.
31-40% slopes- 1.0687 ac. x 25% _ .2671 ac.
40+ slopes- 1.8058 ac. x 0 = 0
8.4362 ac.
Total Develo-Fable Area
City Zoning
8.4362 acres = 367,480.47 S.F.
@.R15
@ R30
11.7626 acres
8.4362 acres
24.5 units
12.25 units
County Zoning
6 acres C R-30 (North of R.R. R.O.W.) = 8.78 units
14 acres @ AF-2 (South of R.R. R.O.W.)- 7.00 units
6 acres (county owned R.R. R.O.W.) = 0.00
15.78 units
DEVELOPMENT SUMMARY
Name: Pitkin Reserv(2
Acreage: 20 Acres plus 6 acres of R.R.-R.-O.W.
Number of Units: 12
Size: 3 bedrooms @ approx.' 2,250 S.F.
Projected Population:42 (@ 3.5 people per unit)
Parking: 2 indoor spaces per unit and 2 guest
parking spaces per unit in driveways.
Structures: 6 two-story duplex structures; lower
story and north wall of upper story -
concrete, block and stone; upper story
(when above grade)- Wood frame construc-
tion with wood siding.
Amenities: Caretaker/employee facility; small sod -
roofed structure for sauna and Jacuzzi..
STF.WARF TITLE, OF ASPEN, INC.
HEREBY CERTIFIES from a search of the bouks in this office that the owner of:
See EXHIBIT A
Situated in the County of 1'Itkin, State of Colorado, appcnfs to be vosted In the
name of:
Aspen Mountain Park, a Colorado General Partnership
and that the above described property appears to be subject to the following:
Deed of Trust from Aspen Mountain Park, a Colorado general partnership, to
the Fublic Trustee of Pitkin County for the use of Aspen Institute for Humanistic
Studies, a Colorado not -for -profit corporation, to secure $250,000.00 dated
January 5, 1981 and recorded January 23, 19:;1 in Book 403 at page 293.
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract Of title, nor an opinion of title, nor a guaranty of
title, and it is understond and ngreed that Stewart Title of Aspen, Inc. neither
assumes, nor will be charged with anv financial obitgntlun or liability whatever
on account of any statement contained herein.
Dated at Aspen, Colorado, this 27th day of "January A.D. 1981 at8:00 A.M.
t,TEWAA(0111A!; INC.
t
ecorded ay,� uM January 23, 1981 Lor banner Recorder
Receptionq/4'+-A y
• _ ' DEED OF TRUST
(Colorado) ?t,{Ix � . p r~
• r+t+�L�
1. Grantor: Aspen Mountain Park, a Colorado general partnership
2. Beneficiary: Aspen Institute for Humanistic Studies, a Colorado
not -for -profit corporation,
(and its successors in interest)
3. Trustee: The Public Trustee for the County in which the property is loraterd
4. Property: The billowing described land in Pitkin . County. Culorado.
namely that described in Exhibit A hereto
which is made a part hereof.
5. Obligations: (a) All indchtedness ev:denrod and cr�!;jmd by the follow•inq d=-scribrsf nnnmssory not.,
(the "Note") payable to the order of BPnetic:iary, ano all renewals, extensions and
amendments thereto and subslitimons therefore,
Date January 5, 1981
Amount $250,000 with interest at 12% per annum
Maturity Date April 1, 1980
Maker (if other than Grantor):
(b) Future advances made by Spnef aviary on or betore the rnatur ity pate of the Note plus
interest thrreeon. (C) All exnend:tures made or i.,curred t)y Bena fic:ary pursuant to :ha
provisions of the NotB and this deed of trust toq,:ther wtrh interesl !fteronn.
(d) Other:
THE GRANT, 'EERMS AND CONDITIONS ON THE REVERSE SIDE ARE A PART OF THIS DEED OF
TRUST AND ARE HERESY INCORPORATEL) INTO IT.
Date:17anuary.__5,_ 198.1_
Aspen Mountain Park, a Colorado
—g.ene ral_. partn e rs h i p-
Attest: BY Gzry-.eeu/ � 'z'�-�.,,�•7c.Q.e/
.��� i--
A�exander E. Lipkin, Partner
Co-ownef, spouse or Other claimant of a right with rnspact to fie read prep: rty dnsrnred ab•ive ;ums in granunq
the lien and subordination sat forth in this deed of trust, but dreg not aswwnc any liability for payment of the Nc re.
Date:
STATE OF COLORADO__—.
COUNTY OF
PITKIN )ss _ ._.
The foregoing instrument wasac.knowlidged before me this 5th _(jay of January l,$1
by_—AS�E {A11I2 R E_LIPKIN� Partner _Aspen- Mountain Par- ,, a Colorado
//,/ general parthership//.I
as,.-.`-,.;..,'-T._.w—r_.--Secretary of
Svai�nifnrrlwr:l
`• „r
a - s '% 1t anti and nfficnl u al.
rr C-
3-6—
. coma ;stun,-xpires--.__.�
6-386 ------
S. Grant. For valuabin t,(rrsrrfr•ralinn Grantor heri,:)y delis and conveys this Prnl?,:rly to TrusU•c, Wgelhrr swth
all appurlenam,:s, hxttrrns. o nts, v,s,n•s and profits, wal••..Oi!t h and r.s••fvntr iialits, hu\:,!vor mcb-tisi 41.
appertaininq lh,:reto or us. o In i annr:rtwn inerea•fth, dn($ r..0 lulls till: tit[*- tit lhv f ioperly, sohrr(.L it. Reins fur
fral property td,n:s .end a%s'sitileols riot currently clue and o0wr matU:r 5 shown un any ittachinent hereto .
Thisgrant is made in trust tas,a off- the Obligations. _
7. Covenants of Grantor. G: antur rovenants and anraes' (a) to pay and s u:•;i-,- aH ttw Tlbliq,itions and r.) k.tiisp
and perb•rn: ,c:coiddfy : t ;h,:I,'terms all of the t;ov,•nanIs and aawo,Ii•nU rrintain:d n. ttus rL:,sY of Irost, Ia
Note and In any other instrument which may hav- h.>en exe,. It,d it cone,.,:ill's c;Ith Ihrs druid of Iusl;
(b) to pay and satisfy svhon nor? all rianrls, 4IXOS and 11sA:SSM, fit, an,f prior : m.h iffc,.t di.:
Property and not to pen+:,( t,r a;tfi-t ;env other hen ,;;.unit the. Ptn{,,:I ty, azU,t't ::•.in ih,: pr«.r :,•lith•n I of, :•n, of
Beneficiary: (c) to uhtaln and nl.untani at all bnlrrs 1101i.r5 of fire inl f:911'on 1 I.; w,•r,KW IIIN.udrtt o ill 11; ,;mount
equal n) thv full insur:,i,ie valet: of ,111 unpruvern,:nts on Ili,- �Ic:per V. and :.ut r. tb::r h, • r;l incul.l,u e as
B,'nefici..ry :nay nyl,wo, ill :•:,:h %u, h policy or;:%,s,ons dnit :Ylth %,Iah rnu n.i :. :,,,IV I,,. afq,rovi-d fly
Bentifir.tary, with Binohcrdry nw,itA as do Insurwt party. ant! to .r>slon an; i flnLv r Ih.l oiwi:s f,f u)sur,till: to
Beneficiary, and to amhnrin+ apf,L, alien of this merle inst r,in(„ ;ati.,••,ts ro... 5rn.h polwo:s Is. the I,Lrynf.ni or,
in the discuaton of 6:•nefiu•Iry, Pit paym,tni of all or any pjrl of lh,: 60" ttoons, \v,tn th,! :,I•r!;tt:>,, it „nV, If; f:,•
pail to Grantor; ((I) to keep the- f ropwty „na any in:prnven:tints'•:,h,(.n may :I, ,illy tern: I?,; un ih,• P!op,•rty in
good Condition and repair and to rnminit ur surfer no :Ylsti% (r) it it to . t;mnoi n, .:,it. I t •,•r.:..an or n^uoval
of any irnprovnm,ntS \:hu:if indy dt any time b,• on till! Prop,'r IV ,%niv:,.n In, I-! ' c. ••n ;r,: r,•-•.:..I-f;enrttu.,a,y,
and not to asslrpi the r> ens I. inr-onto im fr,IN,Prr,pnrty, (0 ;n - ;, .,; :vi:h ,rt q,'Ir '` I, r'n:„u.olr, ;• .I:: y provisions rirld al laws. or,I ri,sm I,S, rules at id rPnul a:q)ns Of gov,,f ntlu`I I:: I I a. It ,!iaS .i, •`:'-I rhllf! it:•"'„'1,, •f IV ; •: 'IS
u v—: it;) to appear lit and ri,:!:•nv! ;lily i.1_6011 of pn)(iurding pufpurunq Is) afha,t 11". r'n{:rr i_t , Ih,! X„i• . !I,.•
BeniJiclary's ognt.s Irt,!wi l rir h,`o::n and to poy or rvim orl,• B, rn.'ll. Irlry '::., o,t%,)fill
iw.wr,•d by B,:n,•i i, ;ary as a wsult of any vrf.ti act'Oo It, of",,.:d.011. It'1
ann , '...•� i;, f, •,•iv d in rnrdta,.unn with Iha r �)nnt°:ilea tinq of :;: inµiy u: da"lau.• !, •• Nr: •{ :'`: '..r ,
re.:+n•eci e! h-:,., lit > h :.rd•n%,.. proeac<Is th,Ji he pd)d !;) Ben.:tu..:uy ;ln'i s!L..:it i..• .rrl,' .i fly B. n. i,.to Units don in. I-Vilnq r,JlornpiS' i,, Incorrw.l by Bf>nok.idr!' rir ::oon,•r r:,,I- -.v!L!t „i(.n ... ro, ,:.
po)[.?,:ds and :non to ;h.- pa', n.,'nt or, fit In,- dis,.rr:tion of B� i wfici;Iry, t : ;pa'Jr.usY., of lt:•' tilthq., 'o, :.:rn :h:•
surplus, ii any, t0 u,, G•ini G• r-+.,,•lice, (.I . 1.,(, If Grdn:t - f,, . to ,:p .Intl f:': IIn in wiv , ,v•r..:r,t .sill. , ,
eontaint rl in ttf,s Yroi rl if tr, ,rot J;nol In Iristeens, B,:•n,•II(,,ary may, del: ;'nal:b• It.it , :„„ Iv ur . , , • -
taken such actt(,n as it ,.' ••s :i,•I.r,,sary or !+:sir4hI,mi to Ihr! ,:nrl tit:il ,if,.:) .:oV,!!I,I*'ls nd nor, t%n).,y In.::
and performed,
rfored, arnnti any ,un.s fvan,?rf d or costs anexpf:ns,:s in(AJI Ind t;y 'Bt`tI f dill? ; In'N "a an
t Oil:, !11';,
, r, ah.I
inrlurhn:i attorr.' h,.i! t .: nn,� nu.• in.rnt'urab•ly :Jnhout noel, :and sh.dt h .i, in,;•r,•st a, an Annual
Percentage Ratf*,XXXXXi CXX (!) rn,;i (;ra!:tur S.,h0r"1.(Htf•s any rights Grdlltnr n ;;r ft:r+r is, ih• i'•t,t,':.b r.S d
horrirrsti.,,a e:x,:tilt.:srm or v;y ;,':alai !a':, '.^: ft,:.i1 may !lr'r.;:l l.(:r t)r; :•rl,Ieti d Ili color"o.- to ;•w two „I !ills'i-ol lit
trust, and that (k) at III-- :r,i,.,:st of Br•n.:ii.iary, to fienosit viiih i?en•'+;rJary na:.n n1lh an :.r•r.,u;! ,:yu,ll !(,
one•twelfth of the est ral.•'I annn;i! r.:al e%tar„ tdxrs and ass(-ss,news f )r ;ht. P•,,.u:•;'v aryl teen ti•; .;f,tr .:1 tin•
es!Iatt-'i ,Inrl:,fd inz1t-,-Inr,: :• w. is, 1.e :gg1'Icrl (n (,,mend (it [ Iz:,', .:nri m>r):;;err r.: n:ry;)in •:: *10% over
the prime rate of Citibank, N.A. as defired in the Note;
S. Transfer. ! (,rail:,;, i, :is, !, o:,I . .! or r, Li .r.. .::5.: •. ,.. ,..r, :.r L n.i'rr,n• r:.
without the frier ,.d\_se„t "I F?r>n,•r• w,y. !' O!.iiq,.!rhnS,Sh(:ii ::. ,.,I:."...ti•I t., . ,.:,1; legs:: ,. ;i'f..
election of the P crt.r, ary ;f (-:w towfd ov Crilur :;!n':1 ;,: th :n ..f fe. t - jet„•'.:lily rhay rrinli:1•• ;h, rI ':list -sr,•
tit assunv: ,i,r (_•i.., ,,.. :fS ,.., is,gn:,fq., to dt:: if-T-10, ;Itq: .-an, n!i:..I 'r„S,tir,l% it•rlti:.'. 1,-rl
by la-.%. " ,,.:(:- „liar, ;, . ,, i. t J i,'y' (:, tt ,'y (,(11 i,'... , :r;,o! ; .r,
9. Events of Default. Th. :Ir',,,rn m,• of ral of th,• fill!, ':•:•n,I .,v,: r'S snd9 ut ri,:fr;u;•
hr:re,.nd.:. (,,! •I-.t , a , i w I;— r. t ,..:'n m :)`. ,v, j Lie Gt� <,uun5, .•!, • b .1, „ ul,...•v
acii,orr,'inq r') is .::nS d;,, ii:. , ,vr:•,;nt . , ,!ar,:d in inr> Al (-Ii it II:ISt or (h:: i.. •u 1' In,: f,hou I,t a
vOuntary n,. irh^,,:4nr•i' y 1:• ill t.:1, 14'r 4l il,'j 6v or or Ina a:,:+r ),il i:'In(It of a rev :•lwo! for arty of
Granir •r•s dS',,a, is in., ^ills•:;: or (d) %)•I dsu; nfnf:lll uy r';ram'or for Ir.,: U::n,?:It :)i :.r c•`L lr:rc.
10. Remedies Upon Default. w is nr r.y . n! Lit 7 fall;. !i.'i ,.t., iary soali h,)vc the tollowinq
rightsar- .... r::..:. ;I h•��_,r••L.,rtv,•t 'I:Jll,itJ•n:,y:,.. .x•a-. ;•:rl :•Li ..�Lh'.r I n;,ur. '.:.hr.h:nay
be exr—,6&- 1 .,rats-I`i,a, ,..,,,n;1y 11, ,•nt:un;•:Iy-V,o,tlh.,n:.rl ,. -rlu, .illy uri':r. mf:i,"r;n:.td :lily
elgction of rs err ... ! .I I:,.!I'T.:i -n•i :7 i .... ;f} ,; ?iht of B,•I 1. •iu I;py it-,,-tr,-.. criy 'ito.:r
rernedy hiirtrWill.:r ,.. .:, I:, n �•'rn `(.:.•. ,•/ ; ;Id Vf: it) la.:, ;,ill: •Ya:Gi .. ;a'rl 11, . ;err rim,-d,, •.IiP:t), th,•rot•,1of,:
or there:Jter curvier;ar,':i .., .,'' I;;r,: arty ur ail r ; Ihis )O,ij L'.r,, nnrr:om;!w!y list.- .t .! I),-,y,:r i.•:
(b) to tali(: II?�Itl:•(liner: {io'>S-::'... I;.,:1::1:-..., ;. li •... r;! ..T ill ,!,n'r.,: (;t Li:,: f',-.(;. .:y tIiA i') II•j ,:1rr .:,I.•1 tt..l III:..Ir; ,Irll,-.t.a."':
at the expens,; of Grantor as . ,it it, ti•'•r: un ,,,, I::.,,n,,,.; Lion f .•n:;vol .r., L'•'crG�_iary Is av d.••:I it
necessary or d^s:rabi�; (r_i is rnit,:,.t .ifid r•.(,:Ivi! :iriy Berl ar,l! iw;, n,rn.•s and plot r-. free! the Prop—ly and to
apply the: same to Ot.-1'gati-jwt .n -v y ,nannef or ;u tho n•(i:u• , ..Li:nl,:n-:n,;,: ,,' rh.: F,,,pr'rty, n. :)oiri.
(d) to aptly for anii •d,:aw, ax nart::;)nd :: ir,oui *;oiii :. Ihr: inr:r,n twfr:t tit a f.•..•urrary n;.l•..J , ,roll ,iii• r
notice, tha appotn:,n,':nt of a pnrn'dn•,;it s, ^ivrr for th:. Pl,irn-rfy or of Inc• (co:;, -,. '- and ,rotor, i ,,-t- •f, or
berth, and it) have such r,r,-'r,rre ;)cw;L,A as I nattf:r r,i r!cfo :vui.out wriard :n its;! ,;lvre(.v (A .free, ri:;'sun Of
the ad,xjua;:y of any Sc,:i,r,tV' or till: r:r',cl.,nrr of v,dste, and lu h;ivf• i;v ;w n ,vai;o
deducting anrf pyy.r.:) • .. , . acd :xnf-n:;,:s ill such rill r roe:r%hlu„ n, 6.,,...y 0.1o, is, t' ,. ;i t;,•n. d•, Idly, aptirsf to
the Obligations in socn rn;,nnr:r and ardor as Bf:rwflr:r3ry Iray mo wf%f. (li).0 tr•r.:•.11,St: 'h,:, o,•r:l or nest thr.)tra:t
the, Tfustoo or thmuf;h Ine r.,•urls as Ili(, benaht lacy ma,,, tI.:4 ,: ,Intl to but.on.r. the pu n.faP.;,.r tit !nt. Plupnrly at
any foreclosure..a'e. If for. , u.•;unl .s n:;rle thr,rugh the TrU!II•:,:, soi.n flifG[:r,$,IIe shdid I)f; cunrinclrxl of Ifte
manner provid,:b by the lava of flit- Staff! of Culoraury
The proc:e,ids of ary shalt first lie ar:piied In n:unLur'.: i iflO r)dfy for (,if n:,sun:,illr•'.usls and
expenss of for,r,.losure -fit,! (b) n-a':,riab!e iolorrwys' ftt+•s (of Ihn ait:rrn,:y not if :;..Iarwd' ;iq)iovn,: tit B,:n^frr.ary)
not in exr;,.ss of ill% ur IN. ot,pair, tidian,r. Ihen doe, of it dilo.i, is uy Ih,: I:od,aot t•^.dc,un;. i C: !did GIUIe, .; tJi
additional fees a, may in, flit-!(:,f ily anat,prnpnato linen, and Is.) in,! kil,inr,•of the pro,,,•,1: SJ,111 I,r paid firs:
to Beneficiary t :• pry In'! 01A.q.Aloos, with till: surplus, .f any, to hr polrl t') tit,! o,+.r„v of fill! Prup,:I ty on lh.;
date of the forecosuru %die,
11. Miscellaneous. 1„) 1)-i-, r4axf If trust and ?,wii of its pow --ions Shalt bn himbivi upon the: heirs, personal
representatives. t r.:,.<'>,' , an l a, eels of Gtdnt:)r and ;liall Innn: In t:w !✓•r .,fit u! the I rustuf• till- B•!nefi(,ary
and his and its succ::,%ills -rote t suvts (h) lhls (is fir) of tr:ls! rr,ay tin .resin• Ixl or •iio,litifo only by an Instrument
in writing signed by Mi p.i ty rh,u,led wrlh Such ,,,m!r)om,•nt of %,:v ,. Is- : The t'• ;% "(sr.,ntrr," •'Benehciary:
"Trustee" '•PropertV: • '•Ol,hq.,h.:,.% •, dn'.1 '•'V' •tt`., its dof!'1 a1 its p, r„yr•r:hS 1 du..ugh 5, resnr.',p•Jnly,
(d) The TrUSt,1R may, t,fion firodurtlun of Ow (yet,%(1ui\,Lane F:!:r• I, ..nil o,r/m tit if all h .•, afl•i r')sl by Gfantr)r
release this deed of trust voili,ut tut their Showing as to payln,•nr of tie: (ibnq,jflwr,. (e) If moot than ono Grantor,
all the terms an.l conditions of flu:: of trust shall ;;nply to .•.)( n'if Ilw,rl. (1) i h,! Tru%h.,! tywy IOoxa: parts of
the Property frr.rl , 'r, r! Cos (1, • If of 1,;_! fip;)n lh•: •cq:;.r>' of i'. o,2t., .afy wohotit imp,wirri lily nL;hls or
priority Bttnehc,vy ri.,iy ?i iv.! if (lit! rcrnaindot of till Pnq,,,!y or arf:urist (,r:)nit)f (Q) The Note is
a non-rec:.)urse instrument. (h) The lien hereof shall be subordinated
in the manner and upon the terms set forth in the promissory note
hereby secured.
ty 11
1 � 4
w
Aspen Institute
D
onsdrvation
LPG
rC
R1l
0�
O - 2090 SLJPE
40 %
�� �AScMI:NT
UFLOOv PLAIN
RCosC--wvs - Conc aptu a S ubm'MoCn
Averitt & Barclay Design Partnership ose 50, ioo LW 500' ��� CC�(►O d �j����
Mt. Park / Interwest Inc., Aspen, Co, SJ �( pe (
SLOPE ANALYSIS
,� Foti� Ri`itK
�� � NOM1iH
ra
T L - EAWIWn 14LAM
f►iM
yOlJ.1�
GONG
91Tr PtA�I
enu..w,neY
w.Y
01rE hiGTION A -A
Mt. Pa & / Intew Design Partnership oto ao so too Site Flan /Section
Mt. Park / lnterwest Inc., Aspen, Co. N� Flan o
SITE PLAN
�j
�AHn Reserve - Conceptual S uam 'ssoon ALISPE
m
wu.nwNaf wY J
M/E!J IN1rTIWTL
A t. 4 & � arday Design Partnership spCo.L so 100 "° CONE Context Map
Mt. Park Interwtest Inc., Aspen, . 1�11 u JnL�I Map u �J
CONTEXT MAP
Lit-
M151k
uP
MAIN FL DOS
pirr-iH F-ecoefr-yt - Gorc-t..i°rOaL. 4UbHto-�Iot-4 - r`fric LI nurLf,,-,,4
s R�� ♦1 .., � ��r rri� ��M
The previous text has made it quite clear that the existing
landscape has been the primary shaper of this scheme. Not
only does the proposed landscape concept work with the site
plan to define the edge of the broad, central meadow; the arch-
itectural concept of a continuous band of berms, earth terraces,
and retaining walls engulfing the houses results from their
ability to support rich plantings. The plantings will stabi-
lize disturbed soils and populate areas that are sparse due to
direct sun exposure and a lack of suitable soil and water.
Privacy for outdoor living areas will be developed and Aspen
trees will shade the houses from the summer sun, but shed their
leaves to allow in the winter sun. The areas immediately
around the houses will require the most care - densely planted
with Bearberry, Holly Grape, Rocky Mountain Juniper, Potentilla,
etc. The meadow edge will be formed with the same materials
as the corridor along the river - Aspens, Scrub Oak, Sage,
Austrian Pine and Spruce - planted between, behind, and occas-
sionally in front of the houses. This zone of planting
should require limited maintenance. The broad central meadow
of native grasses, sage, etc. should be entirely self-sufficient.
OWO
_ . D Qom' j�'►'� \
C f -A ' s
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CONSULTANTS
Design Lipkin, Averitt and Barclay Design Partnership
Aspen and New York
Development Interwest, Inc.
Aspen
Legal Oates, Hughes and Knezevich, P.C.
Aspen
Landscape Design Workshop, Inc.
Aspen
Soils Lincoln and Devore Testing Laboratories
Glenwood Springs
Solar Energy Solar Pathways
Glenwood Springs
10
No. /4- I
ovtd 3651,p�--
CASELOAD SUMMARY SHEET
City of Aspen Ian-�i��mu�nJ
1. DATE SUBMITTED: izjo/BI STAFF: J
2. APPLICANT:_ 050(v
3. REPRESENTATIVE: M)'(WII�g..&-f *1 I qLS"Z172—
4. PROJECT NAME: _ I I��t�n �PS�'VE, AnNY0I51^ 4� �6Y�CQA tUCU rvy S�9h�ISSI�
5. LOCATION: j:� '_ft'A 6Kw
6. TYPE OF APPLICATION:
Rezoning =Subdivision Stream Margin
__)�_P.U.D. Exception 8040 Greenline
Special Review Exemption View Plane
Growth management 70:30 Conditional Use
HPC Residential Bonus Other
nrVtic�i
7. REFERRALS: C AMA&,4,iV\ CAW, )
Attorney _Sanitation District School District
Engineering Dept. Fire Marshal Rocky Mtn. Nat. Gas
Housing Parks. State Highway Dept.
�4later _Holy Cross Electric Other
City Electric Mountain Bell
i< '�ro�ls �➢iYcc{ �
8. REVIEW REQUIREMENTS:
9. DISPOSITION:
P & Z ✓
Approved_ _ Denied
Date14,1qo 1
Z YeMMCAAdQJ 600KOAGDV16&
PUP Z�Ubm l0 ke,
h VhtX—�'C4 4-A � k , MI(61A1i►nG 66VXJ►--�°
Council Approved Denied Date
10. ROUTING:
Attorney
Building Engineering Other
AGREEMENT
THIS AGREEMENT made as of the -2 4L day of ot ib ,
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 has an interest in the Right of Way
by virtue of those certain instruments of purported conveyance
recorded in Book 312 at Page 560 et sec.. 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 Exhibit "A" property lying td 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.
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-
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.
ATTEST:
ASPEN MOUNTAIN PARK PARTNERSHIP,
a Colorado general partnership
r
By
Aexani�er E. Lipkin,
A General Partner
PITKIN COUNTY by the Board of
County Commissioners of Pitkin
County
JIM
The foregoing terms, conditions and provisions are
approved and accepted this day of 1981.
THE DENVER AND RIO GRANDE WESTERN
Attest: RAILROAD COMPANY
By
-4-
AMENDMENT
TO AGREEMENT
THIS AMENDMENT is made this day of J V f,� ,
1981, to that certain Agreement dated October 7, 1981, by and
between Aspen Mountain Park, a Colorado general partnership
("AMP") and the County of Pitkin, State of Colorado ("County"),
to which Agreement this Amendment shall be attached.
W I T N E S S E T H
The parties hereby mutually agree that notwithstanding
the provisions of Paragraph 2a of the Agreement above -described,
AMP shall, in connection with its seeking the approval of the
City of Aspen to the development activity contemplated by the
Agreement, as well, have the right to seek the approval of the
City of Aspen for one (1) additional unit to the twelve (12)
units described in the Agreement; provided, however, that such
unit (a) shall not exceed 700 square feet of living space in
size, exclusive of space for the storage of utility and mainten-
ance apparatus, which storage space shall not exceed 1250 square
feet; (b) shall be used only as a caretaker -employee unit for a
caretaker -employee of the owners (or an association thereof) of
the twelve (12) units to which this caretaker -employee unit shall
be a common appurtenance; and (c) shall, as with the twelve (12)
units, be constructed to the north (above) the relocated right-
of-way; and provided further that the City of Aspen shall be free
to impose any further limitations or restrictions, including with
respect to size, that it determines to be appropriate in connec-
tion with any approval of the additional unit hereby contemplated.
In all other respects, the parties' Agreement above -described is
unchanged and unmodified and is in full force and effect as written
IN WITNESS WHEREOF the parties have executed this
Amendment the day and year first above -written.
ATTEST:
ASPEN MOUNTAIN PARK PARTNERSHIP,
Col ado g n ral partneWrsip
'i
A14yk �r4'
Alexander E. ipkin, a gen ral
partner, by Robert W. Hughes,
his attorney -in -fact
PITKIN COUNTY by the
BOARD OF COUNTY COMMISSIONERS
-GAL_3Cx -,4Lel
., P l ail C :
Deputy Clerk and Recorder
-2-
- t-
REeorded At 11:15 AK Jum 2, 1976 REception no 1 �j 1 ��:) Julie Anne gpcorder
QUITCLAIM DONATION DEED 6u6ic312 t,1tf v61
THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY r p a cor oration
duly organized and existing under and by- virtue of the laws of the State
j of Delaware, party of the first part, hereby QUITCLAIMS and DONATES to
THE COUNTY OF PITKIN, a corporation duly organized and exist ng under
and by virtue of the laws of the State of Colorado, part of the second
ich the said
_ part. all _the right, title, interest, claim. and�emand_�'
ty_of the first part hath in end_to_-the following_des�ri�ed tracts of
• rand si[u�l lying and being in the County of Pitkin and State o 0 orado,
to wits
'r TRACT No. 1
qI
r: All of the former Aspen Branch right-of-way of The Denver
and Rio Grande Western Railroad Company over and across
`r the following�tLe abed sections:
E� Section 21; NEk NE} Section 28; SW} Section 35; all
within T9S, RS5W, 6th P. M. ALSO, NW} Section 2; that
part of the KEk Section 2 acquired b The Denver and
Rio Grande Railroad Company from A.-P. Mackey, et al,
through quitclaim deed dated July 15, 1887, recorded in
the public records of Pitkin County on March 29, 1888
in Book 33 at Page 24; Wk and SW} SEk Section 1, NE}
Section 12; all within T10S, R85W, 6th P. M. ALSO, the
W} SNA Section 7 and that part of the NW} SWk Section 7
lying easterly of the easterly bank of the Roaring Fork
River, all within TiOS, R84W, 6th P. M. Said Tract No.
-1 comprising 56.25 acres, more or less, together with
the bridges over the Roaring Fork River and Hunter Creek.
TRACT No. 2
All of the former Aspen Branch right-of-way of The Denver
and Rio Grande Western Railroad Company over and ai.ross
ahe following described sections&
Section 16; Section 27; Ek of Section 34; all within T9S,
R85W, 6th P. M. ALSO, all remaining portions within the
NE} Section 2, T10S, R85W, 6th P. M. not included in Tract
No. 1 described above. Said Tract No. 2 comprising 61.30
acres, more or less.
EXCEPTING from this deed and reserving unto the patty of the first
part, its successors and assigns forever, all minerals and all mineral
rights of every kind and character (except gravel) now known to exist or
hereafter discovered within above -described Tract No. I. Including without
limiting the generality of the foregoing, nil and gas rights thereto, to-
gether with the sole, exclusive and perpetual right to explore for, remove
and 6ispose of said minerals by any means or methods suitable to the party
of the first part, its successors and assigns, but t?ithout entering upon
or using the surface of the lands described in Tract No. 1 and in such
'M•"- '...vr}'.��+r.•'."�,^-�•'� a....s Ti� •.-.-..._ ..•..w 're1,!� .7" • 77r� •• I.
;1= +�_••;,.�'�-�7fr: +.•-i�.;))�,►•,�r��.t_r.vi � a?1 i��:`i:t'd:: .i! a�-w�'t►•_• ,� I't•i'•'.�
••//.,��
• a J i �� i A ; �S i.�fbi.i`Y:?i�oi'�/C• '.=`T..b �-i^� t Gi-.� y , ►SAW
*A L�1 =L '+ J , •, ` i�. �,� 1,
EXHIBIT "C" TO AGREEMENT
ASPEN MOUNTAIN PARK/PITKIN'COUNTY
Dated:
i
cog,
4 ft F. JV�� tj 1• Ake
4 i
QN0151 ji
7.
VVKFA
*TV
AZM�
K �'z
r r%
41
-4, w312 mi561
interfere with
damage face of said lands*or to in
"Mum t t age the surface second part.
US& thereof the party of the seco
1;U-34 -, easements and
U
nViijandl4rein conveyed is act to all "tl!_
P1 tkin
;7tlios; particular stipulationslimiter
This deed remove
uses only
r
ty's use of said lands for public purposes and recreational
equestrian, bicycle and walking path) as set forth in the follow
aver and Rio Grande Western Railroad Company to
_�'PA ins two deeds from The =ded in
The County of Piltkint 1) Quitclaim Deed dated June 18, 1969. re
the public records of PjtVAn County on September 11, 1969, in Book 243 at
A-41-
-:p . er 1. 1974. recorded in the
. P e 217. and 2) Correction Deed dated November
!Y-`!pu lid records of pitkin County on April 5, 1976, in Book 310 at Page 340.
_AU 24
ty of the first part has caused
III WITNESS WHEREO# pthe14 r'
sa� s suta
t* to be hereunto cribed and its corporate seal to be
,its corporate 24- —1wrounto affixed by its officers thereunto duly authorized, this Z 7-AA
'day of -,41mi
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
By•
re -Ex5pat-rVe lVi-President and
r --SL �neaj Manager
STATE OF COLORADO
Be
-,Uay AND CMM OF DENVER
79day
is 4,
The foregoing instrument was acknowledged before me th
of 1976, by W. I. HOLTHAN, as Executive Vice President and General
Xanas!Oez and H. E. MASTERSON, as Secretary, of THE DENVER AND RIO GRANDE
*,-2.'WESTERN RAILROAD COHFANY, a Delaware corporation.
., . WaAA CA 9 ?1
expires.
notarial commission
hand and official seal.
Wfenesi a*
Notary
-4
Led .1
TV
A-V
OL
.,I
7
�4r
1k
A! r
ZVC
y
'A.,
N1-
- �: ,� t•.strs"1' .1t1l0 1TOf.1- _.�_.. ..—.Jhe•••r>V J %',aN..V r
t .t Twit Prm xa1► lat. /��r�
D'•1VER A .�A RIO GT,\NDE VEnr•RX RAIL- ,�•
Y ROAD Ct`::P.t�l', a coy oration ori;anlzed under Lh
,, `� _ laws oC tho State of Delawareq
xxxNX! =xxc-,c_% r.a.1:xtX: ksia.�x �t.�rc tkx • ,
'�� r„ , ( X.C•�•C.ti�C.i` vCki'.X t► wf t:• Grst tart grad .
�.` THE COl•\:l OF PITKIN
�� •� .tea. f:.�l.�-'es
• r.� Star o.' h:o.-ods, a,! t•u. seer..! pail.
\t'IT: �ckTIL Test tl• ndd party of the first part. for a -A b
tevtSrat'.•we.'ttse,amat '�� � • ``
TEN DOLL,RS end other good and valuable consideration
' to tit raid pzz^4 o.' t1:e rrrt rlt 4a harod s.a;d by the rail party of the seeorl par4 the receipt u3trsd
T C.
s^ hereby evrf.n.d ud a lm.rSd;ed, bail re•a!r-d, arlr.red pa& cvoceyed and QI:Tr e•LATUED, and y these pros- k
eats Ltota seodse, release, relL coney and QUIT CLAT31 an:o the said party d the seeoA+i part its .� , r
• 1c!n art was fa-Vre4 all t:.. ri 14 tide. fa acsL cl and dtman! •r:ich the saw Nrtl of t3a first Part 1ua � t
lea and " ete fa! miaz dr•cr&14 property s!tade, lying and betas is t]ra
coaas of Pitkin
aad SL a of coumdaq, to wlu
CORRECTIO\ DEED �' r
'= All of the 100-toot wide right-of-way of The Denver and Rio Grande
Western Railroad Comp, being SO feet wide on each side of the
C •� ecnterline of said Railroad Compan3• s Aspen Branch main track, as _
said track has formerly constructed and operated over and across
that part of L1te :+Z:� of Section 7, lyin& easterl3• of the cast-
erly bar of the Roaring Fork River, Township 10 South, Range 84 -t
west. of the 6th P. M.
x
,. The purpase of this Deed is to correct and carify the legal de-
scril
ption of that certain portion of The Denver and Rio Grande
Western Railroad Co �pany s former 100-foot wide right -of -tray within
the \�: 5:: of Section 7, T10S, R 84 , 6Lh P. M. intended to be coa'.
vey-ed to Pitkin County by Lhst particular deed dated June 18, 1969,
�± rccerced i►i Rank 243. Page 217 of the Pitkin County Public Records. 6 a
r
��•< All other conditions, stipulations and reservations contained with- �%�.' ,,•'
in said former deed to retrain in effect and to apply hereto. _= ;
f ;..
41
i
•it LSa a rortenanc
ales and prlrnc�cs tkereunts'' ;r 4 fit
TO ll.t\'E .1\ MOLD the e, k �ctlscr with all and +�. b tilde, interest and claim a hatsoeser, of t}.o '
C1e' bclrZt-�. cr it as •e m-- rrarto a rtaininc. and an the estate. right,
isaid p_rty e' 'he f�rri part. a!:)wr Im L-w or ryu!ty, to the only proper use, brnefk and behool of said party
F� A o!::..! d ra-:. its Le!rs and arsl. s fom-as.
� • fX It 1f1Ess C n-rEor :,.- raid party of the first part )utb eau•cd Its corporate some to be hcrcunte
rsk;crPv! I:y L•s E\E0.iiit,•�../ I =c•• ens• and Its corporates teal to be hereuti:e affixed, attesicd by he
c � • 14cn!ary, ti •lay cad yc-.�r:i�....• ��• a-)::!t � " �,
- atle,u THE DENVER AND RIO CRA\DE WESTERN .
lesA ��C� ; ,/ �' �' ' e%v.� .—__ —•---- RAI LR AD COFXV• ......
���;ry�� i'�N. L/� St:a:r�on ... ` ., ' \lam"' �— �•� .,
Eiee President
Gene al manager +'
,.� • �,.� �- STATE OF COLOI'•ADO
ss
City ard—.ca„nty of_Dclncr__ �`/
� de of 7181Y7/u `lli 4' .
{ #' The forro!nC Ir.tru.+ cnt •car od nowled ;ed before me thla - — 7 e {•'
{�
,, .
1$ 74 � N. J. HOLTTIAA•, Executive Vice rrcsidcnt ace �, ,I • ,ti •
,.
General `anascr and M. E. MSTERSOM as Sccrclary
r,
rt yl
f ,r • e i 1 rO ld Co••• an a cory.t at:.11 �'
r �;r `' •The Denver and Rio Crnndc I.c- tern R P )
; it. sac My 1.afarM r.•mslsrioa esp;reA .
{ a<INi : �1.J�
s ICkr.cr• mj 1�•id arJ n!:1:L! seal. 'f f..` • t t
t.��•�� ( - . _ _ tt fit. r �
.•f:. Wit#1%4*1 t•M•t� .; •Ir. t.r•ts:•1•et.laK:t•s t• ` t,
0- 0
Ir
so
Poo V�
V 71.
;111411
7
Tgn
ofJunes1-992
RX RAIUMD ODXPAW*
nit_ and by vI
UI-
- f-ID f th* first iait IX"tate 0 0 war*#. 9
'oil
I L14 - sad _THt 1 Or- PILT=C.a Carjoration dUL3 osganisea
Hadar 11A by virtue of the laws of the state of
Z, isecond t ro3_3
pal 2,
J
first parts for and In COD
"iat tu 'Said party Of they
to the said party of
iaeratioi��f, 04'w= of TEN DOLLARS,
th* first pact.�ihand paid by,the said party of the second
7. N: V.
onfessed and ac)mowledgede
pt Thereof herebyeyed and QUrWUU3aD, and
sa ,conveyed f " c I-enLesirogarrol" sea, sold,
'by thiis presents doth% remiss, release, sells convey and
part. all the rights
-ITCTjkrx unjjo tjjj said party of the second
QU
title; Interest "claim' and demand which the said party of the
- 40- P first part bath In and to the following describcd land situates
'i4l-v 'in the County State of Colorado,
'i lying and -being y of Pitkin and
�.L a
t it
s. :1-
oi.iW 0-foot vj!�_ riot of vay of The Dense
•�" _ ""� � .;: `_ • and'RJb*Qtand* west*= Railroad Companyboing 50 feet
wide *A each sidee
of the Cnterlina of said Railroad
.
Ir.;Is Aspen Branch main track, an said track was
I caskany
operated over and across
formerly, Constructed and
-16; 21, NX�0=% of Section 28, SA of Section
35, Township 9 South, Range 65 West- Sixth Principal
Xeridild,'and over and across the 912 Of Section 2,
V� and* SWISSM% of Section 1, =% of Section 12 and
�g
.4 rthS7 sw" of Section 7 and that part Of the Nwjbw
0, tjon 7 lying vestarly of the easterly bank of
the Roaring Fork Rivet, TawnshiP 10 South, Range 85
Vogt# sixth principal Meridian] also all of the
200-foot Wide right of vay of said Railroad Company
being 100 foot Wide on each side of the centerline
of said main track, as said track was formerly con-
*-,r W t stiucted and I rated over and across Section 27,
the A of Section 34, Township 9 South, Range as
Fz hest, sixth Principal Meridian, and over portions
5 West,
f Section 2, Township 10 South. Range 8 County,
0 all within Pitkin
Sixth Principal Meridian,
AV state of COIoFado, together with the bridges over
the Roaring _IorIL River and Minter Creek.
M
Y'
16
6.3
7
, It.
t;
t •: �# �' ice`:
'�.,,�,•.... - t!�••.� a� '1-i• �`'� Lf6_-s�'J �► •ti i.�t.�..% :: !!-_•0:4' ` L ro:�•+st.
ss s�f� •N -'a- « . F ♦+•�ct�•r. ...s .Z.�a }r� �.a••��r t y �... r. C
r.r`��r���'i'�,��f�i�'�e?�atrb �_ti..a,'4��►��'�✓•:L.gSf _�
•�• sv. �.. �=•."r t �y r.s-.L•"•a�a a,�� is rt/' t-Si y. _ .. ••_��
s�.'"'[�ti �,a -?!�_. .I. j•. i7�� -, ?5 :���J'i-�L►�/'w�•--,5. �+ �;s:�S!�sJar_�'t-fJ•�'�`e�, a�JC�ti�_f�+,��3
7 ,��-'.+ �` �1.d �� K►.:- �-.. r+ i." ►a_};; fi_--r, E..i•.'a�•;�'r� i \ .. a
mcCsp'll�tC tray th�i:deeQ anQ teietying unto the Party of � a:... "
thi first paid, Lia, ce"ssori' +nd assigns_ fore7ers all aim; r
._` •: 4; er:island all mineral rigpts of avesy kind and character nor
.t-`• xnova to exist •oe Aereaf ar discovereQ� including
limiting 04 generaliti of the foregoing; oil and gas rigbtf.__•-.:r ,.-
•: `;' •:.'` thereto, together with thi sole* exclusive and perpetual"
.� iN_right t0 explore•for,' resaofiri and disposi of, said minarali'.�- ? "
I; X• - by sew means or methods suitable to the party of the
'•�: part, its successors and assigns, but without entering
os using the surface of the lands hereby quitclaimed and is - '
r such manner as not to damage the surface of said lands or'
to interfare with the use therelof by the party of the second
p_. _ •r- 'i' Wit.:. 1. ''T
awl. = :
�. To WVE AND TO HOLD ache same, .togethar vith•ell aad . '.3L
singular the appurtenances and privileges therounto belong-:
ing, or in anywise thereunto appertaining, and all t1e estate,
right, title, interest and claim whatsoever of the said party
of the first part, either in law or equity, to the caly
proper use, benefit and behoof of the said party of the
second part.
. - a
• By acceptance of this deed, the party of the second part-:
agrees that said lands herein described shall be used foe •� `{i'�
public purposes and, recreational uses only (i.e., equestrian, .�• •�
bicycle and walking path) and that no motor vehicles shall
be permitted thereon, ezcept for repair, maintea;:.nce and
construction of the facility or repair, maintenance, and '
construction of utilities now existing or bereafter placed ;
upon, under er across said lands.. Non-use of said land, for
the use herein granted, shall constitute abandonment and
in that event said lands shall revert to the party of the
first part, its successors or assigns.•
The land herein conveyed is subject to all prior ease -
rents, including but not limited to, those granted tq the
Aspen Sanitation District and the Aspen Metropolitan Sanitation
Districts the city of Aspens and thos4 in favor of oth_r
utility companies.
IN WITNESS WHEREOY, the said party of the first part
hath caused its corporate name to be heieunto subscribed by
. _ 2
WS��..11 A�' ram•_ w. _4-.._ a.ya-]a1'i-aCt.'� _y-YSf_*T-'STT
'� c •),�` 1 r3 g'` (}K� �{ ,'a` j > t,� 41, t , r' •r ^S d'�y,' '1Y r� i3 i,,ti
v'=*.'
_ _ i. - . �.,..._. -. Svc+. �.• . `J 1 a- s v r-- t.r` ja±�• .+'• `
> ,i ti : fi e�7 t'�h ram+ • C's Sk
TK
i
AkA..Iv
A2
l
5.'IF w-,a
-MAT,
To V, ",pro!
tii-ifftXedti attested by its Secretary)
VrLtt y".r IV*t aboyb
T -Yl
Za
TM DWIFUJUM RIO GRMDE WESTEW
RAILROAD =4PAUr -
3Y
tj a Pica President
A, n al Manager
er,
A.
0
101
STATE or L40RADD CO
Crrr KgM COUNTY OF DENN9M
The foregoing instrument vas acknowledged J-+vfore we this
dapof oq-� 1969, by W. J. HOLTMAN as F-xecutivO
Vice President and Oenoral Manager, and W. O. FrESCOTT as
Secretary of THE DENVER AND RIO G?-WDZ WESTERN RAIIAOAD CCMrANY
my cozmission expires .e--
vt/qyNng my hand and official seal.
Sotary Public
Xy. _; . ; :tow. "� { �- i 4
z
Z-1
THAT PART OF THE EAST 1/2 OF SECTIONS 1 AND 12,
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P. M.,
PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE
OF THE DENVER AND RIO GRANDE WESTERN RAILROAD WHENCE
THE NORTHEAST CORNER OF SAID SECTION 12
BEARS N 70025'07" E 1636.50 FEET;
THENCE S 33050'00" W 100.00 FEET TO A POINT ON THE
SOUTH LINE OF SAID RIGHT OF WAY;
THENCE N 56010'00" W 55.30 FEET ALONG SAID SOUTH LINE;
THENCE 73.15 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 525.00 FEET;
THENCE N 64009'00" W 393.03 FEET;
THENCE 557.55 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 596.74 FEET;
THENCE 422.26 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 528.82 FEET TO A POINT ON THE SOUTH
LINE OF SAID RIGHT OF WAY;
THENCE N 33038'00" E 100.00 FEET TO A POINT ON THE
NORTH LINE OF SAID RIGHT OF WAY;
THENCE 502.10 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 628.82 FEET, THE CHORD OF WHICH
CURVE BEARS S 33029'30" E 488.87 FEET;
THENCE 464.12 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 496.74 FEET;
THENCE S 64009'00" E 393.03 FEET;
THENCE 87.08 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 625.00 FEET TO A POINT ON SAID NORTH
RIGHT OF WAY LINE;
THENCE S 56010'00" E 55.30 FEET ALONG SAID NORTH LINE
TO THE POINT OF BEGINNING.
EXHIBIT "D"
To Agreement - Aspen Mountain P k/P�*t�; Countyo
Dated:() {� ' 11 bb vv
1 '