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HomeMy WebLinkAboutcoa.lu.an.Williams Ranch.1995do CklVYIJ' 0, /liqrs_ 15 WrLL�gs N ll� n I r d ^4 A% u A � 0 381193 B-780 P-370 05/09/95 02:58P PG 1 OF 84 SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 1/ i _j REC DOC 1 `� 420.00 WILLIAMS RANCH - CITY OF ASPEN �} ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, hereinafter referred to as "Agreement", is made and entered into, pursuant to §31-12-101 et SeMc . C.R.S., this 1 3day of March 1995, by and between the WILLIAMS RANCH JOINT VENTURE (a Colorado general partnership) hereinafter referred to as "WRJV" and the CITY OF ASPEN, (a Colorado municipal corporation) hereinafter referred to as "ASPEN". 1 RECITALS: 1.1 Smuggler Consolidated Mines Corporation, hereinafter referred to as "SCMC" obtained the right, pursuant to a Real Estate Contract, to purchase certain real property described in Exhibit "A", (attached and incorporated by reference) hereinafter referred to as the "WILLIAMS RANCH" and has filed a petition to annex that property to the City of Aspen. 1.2 By Resolution No. 4 (Series of 19911 ASPEN accepted a Petition for Annexation for the WILLIAMS RANCH and found it in substantial compliance pursuant to §31-12-107(1), C.R.S., after a duly noticed public hearing to determine compliance with §31-12-104 and §31-12-105, C.R.S. 1.3 SCMC has assigned all its right title and interest in and to the WILLIAMS RANCH including the Development Application and the Annexation Petition to WRJV and ASPEN has consented to such assignment. 1.4 WRJV and ASPEN mutually agree that the annexation of the WILLIAMS RANCH to the City of Aspen shall not create any additional cost or impose additional burden on the existing residents of ASPEN to provide public facili- ties and services to the property after annexation. 1.5 SCMC has submitted to ASPEN and received final approval for a PUD (planned unit development) to construct and sell thirty-five (35) affordable housing units and 15 free market lots, conditioned on enactment of an annexation ordinance. 1.6 WRJV will submit to ASPEN for review, approval, execution and recording a Final Planned Unit Development and Subdivision Plat, hereinafter referred ,to as the "PLAT") pertaining to the development proposed by WRJV. 1.7 Prior to entering into this Agreement, ASPEN has fully considered the development applications dated 8 November 1993 and 2 August 1994 filed by SCMC with City Planning Office and the Proposed Plat for WILLIAMS lANMN-DOCSVINNEX.008 381193 B-780 .=•-371 05/09/5 0`:08P FIG c OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT RANCH and the anticipated benefits and burdens to neighboring or adjoining properties by reason of the annexation and completion of the approved development. 1.8 Further, ASPEN has considered the requirements, terms and conditions of the Municipal Code of the City of Aspen and such laws, rules and regulations as are applicable. 1.9 ASPEN by its Planning Office staff, Planning and Zoning Commission, Historical Preservation Commission and City Council has reviewed and approved SCMC's application dated 2 August 1994 which requested Detailed Submission and Final Plat, including: Annexation, Final Planned Unit Development, Text/Map Amendment, Subdivision, Growth Management Quota Exemption, Vested Property Rights, Park Development Impact Fee, Special Review and 8040 Greenline Review for the WILLIAMS RANCH. These approvals were expressly conditioned on enactment of an annexation ordinance and a grant of AH zoning. 1.10 ASPEN has and will impose on WRJV certain conditions and requirements in connection with the approvals described herein; such conditions and requirements being necessary to protect, promote and enhance the public health, safety and welfare. 1.11 ASPEN is, pursuant to Chapter 24, Section 7-904 and Section 7-1005 of the Municipal Code of the City of Aspen, hereinafter referred to as the "Land Use Regulations", entitled to assurance that the matters agreed to between WRJV and ASPEN pursuant to the development of the WILLIAMS RANCH will be fully, faithfully and timely performed by WRJV the successor in interest to SCMC. 1.12 WRJV is willing to enter into this Agreement with ASPEN to provide the assurances set forth herein to ASPEN. 1.13 ASPEN has accepted the Petition of SCMC for annexation and has found that it complies with the relevant Colorado Statutes and is otherwise complete. 1.14 ASPEN and WRJV wish document their respective WILLIAMS RANCH. IAMTIN-DOCSO NNEX.008 to enter into this Agreement to set forth and rights E and duties for the development of the ra �81193 P-780 372 05/09/95 02:58P FIG 3 OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, WRJV and ASPEN, hereby covenant and agree as follows: 2 AGREEMENT RE: ZONING: 2.1 WRJV and ASPEN agree that the WILLIAMS RANCH property as more particularly described in the exhibit to Resolution No. 4 (Series of 1991) will, after annexation into the City of Aspen, be zoned "AH" (Affordable Housing). The requirements for the "AH" zone, in effect on 1 May 1994 will be applied to the WILLIAMS RANCH PUD Application approved by ASPEN. 3 DESCRIPTION OF WILLIAMS RANCH PROJECT: 3.1 The WILLIAMS RANCH project shall have the characteristics and features set forth in Ordinance 52 (Series of 1994) of the City Council of the City of Aspen, enacted November 14, 1994, and all the attachments and representations made in connection therewith, which ordinance is attached hereto and incorporated herein as Exhibit B. 3.2 WRJV agrees to be responsible for the prompt and timely construction of all thirty-five (35) affordable housing units described in Exhibit B. WRJV further agrees to use reasonable diligence to maintain an expedient and orderly construction schedule to minimize the effects of construction on the surrounding areas. ASPEN and WRJV agree that it is important to complete the construction of all affordable housing units as soon as possible. 4 DEVELOPMENT ISSUES: 4.1 PLAT. As part of Final PUD Approval for the WILLIAMS RANCH by ASPEN, WRJV agrees to submit the FINAL PLAT for approval by the Engineering Department and Planning Office. ASPEN agrees to approve, and execute the FINAL PLAT for the WILLIAMS RANCH so long as it fully and completely conforms to the require- ments of Section 24-7-1004 of the Municipal Code and Exhibit B. ASPEN agrees to accept the FINAL PLAT for recording in the offices of the Pitkin County Clerk and Recorder upon payment of the recordation fee and costs to ASPEN by WRJV and ASPEN'S review 1AWIN-DOMANNEX.008 3 381193 B-780 P-373 0J/09/95 02:58P PG 4 OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT and approval of the following listed Exhibits. In addition, WRJV shall provide the following documents, representing plats and plans, for approval as part of the Final PUD Application: 4.1.1 Exhibit "A" 4.1.2 Exhibit "B" 4.1.3 Exhibit "C" 4.1.4 Exhibit "D" 4.1.5 Exhibit "E" 4.1.6 Exhibit "F" 4.1.7 Exhibit "G" 4.1.8 Exhibit "H" 4.1.9 Exhibit "I" 4.1.10 Exhibit "J" 4.1.11 Exhibit "K" 4.1.12 Exhibit "L" 4.1.13 Exhibit "M" 4.1.14 Exhibit "N" 4.1.15 Exhibit "O" 4.1.16 Exhibit "P" 4.1.17 Exhibit "Q" 4.1.18 Exhibit "R" - Legal Description - Ordinance No. SZ (Series of 1994) - Reduced Copy of FINAL PLAT - Master Deed Restriction of the Aspen/Pitkin County Housing Authority - Deed of Trust, (ASPEN DOT) to secure the AH CONSTRUCTION AGREEMENT - Affordable Housing Construction Cost Estimate from Vannice Construction, Inc. - Reduced Final PUD Development Plan - Reduced Final Grading and Drainage Plan - Reduced Final Landscape Plan - Landscape Improvements Cost Estimate from the Stevens Group, Inc. - Reduced Private Utilities Plan - Utilities Installation Cost Estimate from Banner Associates, Inc. - Reduced Water Plan - Reduced Sanitary Sewer Plan and Profile - Executed Water Service Agreement - Sample General Warranty Deeds to all 35 Af- fordable Housing on WILLIAMS RANCH - Qualification Criteria for no asset or income restriction RO units - AH CONSTRUCTION AGREEMENT 4.2 CONSTRUCTION AND PHASING. ASPEN and WRJV mutually acknowledge that exact construction schedules cannot be determined for the development of the Affordable Housing to be constructed on the WILLIAMS RANCH. Therefore, simultaneously with the recording of the FINAL PLAT, WRJV shall provide financial assurances to ASPEN for the construction of the Affordable Housing. 4.2.1 WRJV shall provide ASPEN with financial assurances for the completion of the Affordable Housing Units in the form of their Affordable Housing Construction Agreement, hereinafter "AH CONSTRUCTION AGREEMENT", which agreement shall be secured by a second priority deed of trust, hereinafter referred to as the "ASPEN DOT", for the use and benefit of ASPEN, encumbering 1Alvi\FIN-DOMANNEX.008 4 381193 P-780 P-374 05/09/95 02:58P FAG 5 OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT eight (8) of the Free Market Lots.' WRJV will also place in escrow, for the use and benefit of ASPEN, general warranty deeds for the lots for all thirty-five (35) of the Affordable Housing Units' situated on the WILLIAMS RANCH. The ASPEN DOT shall be subordinate and junior only to Deeds of Trust given by WRJV to secure a purchase money promissory note or construction loans. 4.2.2 The AH CONSTRUCTION AGREEMENT provides the terms and conditions for the substitution, release and partial release of the Free Market Lots and the deeds to the Affordable Housing Units. 4.2.3 The AH CONSTRUCTION AGREEMENT provides for ASPEN's rights and remedies against WRJV in the event that WRJV has not commenced construction of the Affordable Housing Units within two (2) years from the recording of the FINAL PLAT and has not completed construction of one-half (1/2) of the Affordable Housing Units within four (4) years and all of the Affordable Housing Units within six (6) years of recording the FINAL PLAT. 4.3 LANDSCAPING PLAN. WRJV agrees that it shall, at its sole cost, landscape the WILLIAMS RANCH in accordance with the Final Landscape Plan attached to the Final PUD Application as Exhibit "I", which plan shows the extent and location of plants to be installed, all landscape features, flowers and shrub definition, the proposed treatment of all ground surfaces including paving and the .other elements of the landscape plan, including associated irrigation systems and re -vegetation of all disturbed areas. The landscaping is anticipated to be installed no later than the first planting season for the type of plants involved following the completion of the construction of all thirty-five (35) of the Affordable Housing Units. WRJV will promptly replace any plants which have not survived for a period of one growing season following the final Certificate of Occupancy for the last Affordable Housing Unit in WILLIAMS RANCH. ' The Fifteen Free Market Lots in SilverLode Subdivision have an average appraised fair market value of approximately Four Hundred Ninety Thousand and 00/100 Dollars ($490,000.00) each. The eight SilverLode Free Market Lots to be encumbered by the ASPEN DOT shall have a total value combined value of approximately of Three Million Five Hundred Thousand and 00/100 U.S. Dollars ($3,500,000.00). These thirty-five (35) Affordable Housing Units have an estimated fair market total value, based on 1994 Housing Authority Guidelines, of Six Million Five Hundred Thirty-nine Thousand and 00/100 U.S. Dollars ($6,539,000.00). 1AW1N-D0CS%ANNEX.008 5 381193 B-780 P-375 05/09/95 02:58P PG E OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT 4.3.1 WRJV has provided ASPEN financial assurances for the Landscaping in the AH CONSTRUCTION AGREEMENT as described in paragraph 4.2. above, which financial assurance shall be in an amount equal to the total value of the landscaping improvements described in Exhibit I, which value shall be determined in Exhibit J. 4.4 PUBLIC IMPROVEMENTS. WRJV agrees that it shall, at its sole cost, construct all the roads, hydrants, sidewalks, trails, water lines, sewer lines and common areas as shown and depicted on the Final PUD Application Exhibits. 4.4.1 WRJV has represented to ASPEN that not more than five (5) free markets lots will be sold and conveyed to third -party purchasers until after all Public Improvements have been substantially completed. Based on such representation which shall also be a covenant, WRJV shall provide ASPEN financial assurances for the Public Improvements, in the AH CONSTRUCTION AGREEMENT described above in paragraph 4.2, which financial assurance shall be in an amount equal to the total value of the public improvements described in Exhibits B and I, which value shall be determined in the reasonable discretion of the Aspen Public Works Department. Financial assurances for the construction of the potable water system shall be as set forth in Exhibit O. 4.4.2 The AH CONSTRUCTION AGREEMENT shall give ASPEN the unconditional right, upon default by the WRJV in its obligations specified herein and therein, to complete and pay for installation of Public Improvements and resort to the applicable financial assurances for the payment of the costs of such work. For work performed by WRJV or its contractors, as portions of the improvements are completed, the City Engineer shall inspect the same and, upon approval and accep- tance, the City Engineer shall authorize the partial release of the ASPEN DOT as provided in the AH CONSTRUCTION AGREEMENT. WRJV shall require all contractors to provide a warranty that all improvements were constructed to accepted standards of good workmanship for the benefit of ASPEN for the installation of the public improvements described herein for one (1) year from the date of acceptance. In the event that any existing municipal improvements are damaged during the Project construction, on request by the City Engineer, suitable security for the repair of those municipal improvements shall be provided by WRJV to ASPEN. 4.5 PARKING. WRJV agrees to construct all parking spaces as depicted on the Final PUD Development Plan, attached as Exhibit "G", as parking for the Affordable Housing Units of the WILLIAMS RANCH. 1AM\FIN-D0Cs\ANNEX.008 6 3811931 8-780 376 05/09/95 02:56P PG 7 OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT 4.6 SEWER TAP FEES. WRJV agrees to pay connection and capacity fees to the Aspen Consolidated Sanitation District, hereinafter referred to as the "ACSD", in the amount equivalent to _ EQR's and the same equivalent EQR's for downstream constraints. 4.7 WATER TAP FEES. WRJV agrees to execute a Water Service Agreement in the form attached hereto as Exhibit O and perform all obligations thereunder. 4.8 PRIVATE UTILITIES. WRJV agrees to extend the utility lines to provide connections through the site as shown on the Private Utility Plan, Exhibit "K" as attached to the Final PUD Application. All installations shall be according to established City standards. Electric service will be provided by Holy Cross Electric Association and consequently no connection charges are due from WRJV to ASPEN for electric service. 4.9 ROAD IMPROVEMENTS. WRJV will continue to coordinate road and driveway designs with City staff. Any improvement work will be performed in accordance with Land Use Regulations and City specifications. 4.10 DUST CONTROL PLAN. Prior to construction, and as a condition of building permit issuance, a fugitive dust control plan shall be obtained by WRJV from the Colorado Pollution Control Division and the Planning Office. 4.11 SITE GRADING AND DRAINAGE. WRJV agrees to perform the necessary work to complete the Grading and Drainage Plan, attached to the Final PUD Application as Exhibit "H" which shall be submitted to ASPEN in accordance with Section 24-7- 1004(C)(4)(f) of the Land Use Regulations and shall be approved by the Engineering Department. WRJV will continue to coordinate drainage and snow storage design and plans with City staff. Any improvement work will be performed in accordance with Land Use Regulations and City specifications. Separate Drainage Plans will be prepared for each individual Affordable Housing duplex or single family home prior to the issuance of its respective building permit. 4.12 PARK DEVELOPMENT IMPACT FEE. Pursuant to Section 5-601, et sew., Aspen Municipal Code, ASPEN is entitled to a Park Development Impact Fee of One Hundred Fifty-seven Thousand Three Hundred Sixty Dollars ($157,360.00) for construction of new residential units. 4.12.1 As a credit against the payment of the Park Development Impact Fee, WRJV agrees to do the Remediation work necessary to prepare the Mollie Gibson Lode site (owned by Pitkin County) for a public park and to pay for all on -site costs to complete the EPA required work necessary to remediate soils allegedly contaminated with lead. WRJV shall also take all steps necessary to obtain from 1AWFIN-DOMANNEX.008 7 381193 B-780 R- t , 05/09/95 02:58P PG 8 Or 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT Pitkin County a deed of dedication to the Mollie Gibson Park dedicating such property to public park purposes. The failure to obtain a dedication of the portion of the Mollie Gibson Lode remediated and improved by the WRJV as a public park or public open space shall act to prevent WRJV receiving any credit against the Park Development Impact Fee for monies expended at the Mollie Gibson Lode. 4.12.2 WRJV shall document to ASPEN the amount expended to remediate the Mollie Gibson Park which amount shall specifically include all remediation or other work required by the EPA and any landscape and planting. WRJV's obligation shall be deemed satisfied by the expenditures for park amenities such as picnic tables, swing sets, or similar amenities as approved by the director of the City Parks Department. The specific amenities shall be based on the recommendations of the Parks Department, subject to input from neighborhood meetings. 4.12.3 As a requirement of annexation, ASPEN has required and WRJV has agreed to dedicate certain public trail, recreation and open space easements on the Williams Ranch. These easements are depicted on the Plat Map. WRJV shall not receive any credit against the Park Development Impact Fee as a result of such dedications. 4.12.4 The public recreation easement depicted on the Plat Map adjacent to Williams Ranch Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 32, is an encumbrance against a portion of certain real property which shall be owned by the Williams Ranch Homeowners Association. The public recreation easement may be cancelled by the Homeowners Association with City Council approval in the event members of the public abuse their right to reasonable use or fail to clean-up after themselves and their pets. 4.12.5 WRJV has provided ASPEN financial assurances for the Park Development work in the AH CONSTRUCTION AGREEMENT described above in paragraph 4.2., which financial assurance shall be in an amount equal to One Hundred Fifty-seven Thousand Three Hundred Sixty Dollars ($157,360.00) the total value of the Park Development Impact Fee applicable to the project under the provisions of the Aspen Municipal Code. 4.12.6 In addition, WRJV has offered to dedicate and create a passive public park approximately one-half (1/2) acre in size in the vicinity of Spruce Street. ASPEN has accepted this offer and not conditioned annexeation or any other approval on the dedication of this park. WRJV will determine the value of the Spruce Street Park by an appraisal and ASPEN will complete the forms such that WRJV may 1AWIN-DOMANNEX.008 8 381193 B-780 P-378 05/09/95 02:58R PG 9 OF 84 I WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT receive a charitable contribution credit for the voluntary donation of the Spruce Street Park. 4.13 AFFORDABLE HOUSING IMPACT FEE. Pursuant to Section 7- 1007(a)(c)(2), Aspen Municipal Code, the affordable housing impact fee applies to the WILLIAMS RANCH project. The deed restricted Affordable Housing Units in the WILLIAMS RANCH will be separately sold to qualified purchases. However, because WRJV has demonstrated the net effect of the WILLIAMS RANCH Project is to increase the square footage number of bedrooms available as Affordable Housing in the community this Project will have a positive impact on the availability of Affordable Housing in the community. The WILLIAMS RANCH Project will be exempt from the affordable housing impact fee. 4.14 EXEMPTION FROM ORDINANCE NO. 1 (SERIES OF 1990). Pursuant to Ordinance No. 1 (Series of 1990), it is the determination of the City Planning Office Director that the proposed AH development will have already accomplished multiple deed restricted units prior to or concurrent with the free market development and there will be no affordable housing mitigation required for the fifteen (15) Free Market Lots. 4.15 WOOD BURNING DEVICES. Any combustible devices for the WILLIAMS RANCH Affordable Housing Units shall be built in accordance with the regulations in effect at issuance of their respective building permits. The use of City of Aspen approved gas appliances is contemplated. 4.16 AFFORDABLE HOUSING UNITS DEED RESTRICTIONS. WRJV has attached to the Agreement as Exhibit "D" a the final Master Deed Restriction approved by the Aspen/Pitkin County Housing Authority's Occupancy and Resale Deed Restriction, Agreement, and Covenant to be used for the thirty-five (35) Affordable Housing Units of the WILLIAMS RANCH Project. Prior to issuance of a building permit, WRJV shall execute and record in the Pitkin County Real Property Records a Master Deed Restriction of the APCHA's Resale Agreement and Deed Restriction. Prior to sale of any individual unit in the Project to a purchaser, such purchaser shall be required to execute a Memoran- dum of Acceptance of the APCHA Resale Agreement and Deed Restriction, which shall then be recorded in the Pitkin County Real Property Records and placed on file with the APCHA. 5 RO CRITERIA FOR WILLIAMS RANCH: 5.1 Since the City of Aspen and Pitkin County have been meeting for over one (1) year to consider the recommendation of Aspen/Pitkin Housing Board regarding the 1Aly 1N-DOCS\ANNEX.008 9 381193 B-780 05/09/95 02:58F' PG 10 ur 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT restrictions and it is essential for WRJV to have fixed criteria prior to recording the Plat Map, ASPEN and WRJV have expressly agreed that: 5.1.1 Ten (10) of the RO single family homes will have income and asset limitations of $150,000 and $400,000 respectively'. 5.1.2 The remaining five (5) RO single family homes will have no income or asset limitations on their purchasers and will be otherwise subject to the restrictions set forth on Exhibit "Q". 5.1.3 In no event shall any owner of any RO single family home be required to move or sell their home as a result of any adjustment in income or asset restrictions revisions made by ASPEN or an increase in their income and assets subsequent to their purchase of any RO single family home. 6 GMQS EXEMPTION: 6.1 Based on the totality of the situation and the community good served by WRJV's construction of Affordable Housing Units, ASPEN agrees that WRJV's GMQS Exemption for the WILLIAMS RANCH project will be based on the GMQS provisions in effect at the time WRJV submitted its Conceptual Review Land Use Application to ASPEN.4 7 OFF -SITE IMPACT FEE: 7.1 WRJV will pay ASPEN One Hundred Thousand Dollars ($100,000.00) to address and mitigate off -site traffic impacts. One-half (1/2) of WRJV's payment under this section shall be paid to ASPEN only after WRJV has sold one-half (1/2) of the Affordable Housing Units or one-third (1/3) of free Market Lots, whichever shall first occur. The remaining one-half (1/2) of WRJV's payment under this section shall be paid to ASPEN only after WRJV has sold three-quarters (3/4) of the Affordable Housing Units or two-thirds (2/3) of free Market Lots, whichever shall first occur. WRJV's financial obligation for the off -site impact fee shall be secured by the ASPEN DOT and AH CONSTRUCTION AGREEMENT described in paragraph 4.2 above. ' Subject to annual adjustment by the Aspen/Pitkin Housing Authority. 4 8 November 1993. 1AWIN-DOMA NNEX.008 10 381193 H-780 F'-380 05/09/95 02:58P PIG 11 OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT 8 RAFTA IMPACT FEE: 8.1 WRJV will pay to RFTA a public transportation impact fee in the amount of Six Thousand ($6,000.00) to mitigate impacts of increased public transportation ridership resulting from the project. WRJV's payment under this section shall be paid to ASPEN only after WRJV has sold three-quarters (3/4) of the Affordable Housing Units or two-thirds (2/3) of free Market Lots, whichever shall first occur. WRJV's financial obligation for the off -site impact fee shall be secured by the ASPEN DOT and the AH CONSTRUCTION AGREEMENT described in paragraph 4.2 above. 9 SCHOOL IMPACT FEE 9.1 WRJV shall pay to ASPEN, for the benefit of the Aspen School District, the sum of Fifteen Thousand Dollars ($15,000) to mitigate the impacts of the projected increased school enrollment resulting from the Project. WRJV's payment under this section shall be paid to ASPEN only after WRJV has sold all of the Affordable Housing Units. The payment made hereunder shall be secured by the ASPEN DOT and the AH CONSTRUC- TION AGREEMENT described in paragraph 4.2 above. 10 INDEMNIFICATIONS 10.1 WRJV shall forever indemnify, defend and hold ASPEN harmless against all claims, administrative actions, and any other form of action for relief arising out of or related to any environmental condition existing on the WILLIAMS RANCH at the time of its annexation or resulting from any development thereof. This indemnification is intended to be broadly and inclusively construed for the benefit of ASPEN and shall not be limited to claims for personal injuries or damages. 10.2 WRJV is by law afforded the protection of §-33-41-101 et seq of the Colorado Revised Statutes. 11 GENERAL PROVISIONS: 11.1 -Recitals. All the recitals set forth above in paragraphs 1.1 through and includings 1.15 are true and correct. 1AW1N-D0CS\ANNEX.008 11 381193 B-780 �--381 O5/09/95 02:58P FAG 12 OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT 11.2 Material Representations. All material representations made by the WRJV on record to ASPEN in accordance with all aspects of the approval of the WILLIAMS RANCH shall be binding upon WRJV, its successors and assigns. 11..3 Assignment. SCMC has informed ASPEN that it has assigned all of its rights and duties pursuant to this Agreement to the Williams Ranch Joint Venture (a Colorado general partnership). The Williams Ranch Joint Venture is comprised of Mark IV, Inc., a Colorado corporation, Albouy & Albouy, LLC, a Colorado limited liability company and White River Management Group, LLC, also a Colorado limited liability company. 11.4 Notice.. Notices as desired or required, to either ASPEN or WRJV shall be sent by the U.S. Mail, Return Receipt Requested, Postage Prepaid, to the addressees set forth below or to any other address which the parties may substitute in writing. Notices shall be deemed received, four (4) days after the date of mailing if mailing takes place within Pitkin County, Colorado. Otherwise, ten (10) days shall be allowed. To ASPEN: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 To WRJV: Williams Ranch Joint Venture 3214 Campanil Drive Santa Barbara, California 93109 Copy to: Aspen City Attorney 130 South Galena Street Aspen, Colorado 81611 Copy to: Gary A. Wright, Esq. Wright & Adger 201 North Mill Street, Suite 106 Aspen, Colorado 81611 11.5 Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Land Use Regulations of the City of Aspen, Colorado. Jurisdiction and Venue for any dispute arising hereunder shall be the District Court for Pitkin County, Colorado. 11.6 Severabili1y. If any of the provisions of this Agreement are determined to be invalid, it shall not effect the remaining provisions of this Agreement. 11.7 Binding. The provisions of this Agreement shall run with and constitute a burden on the land on which the project is located and shall be binding on and inure to the benefit of WRJV, its successors and assigns and ASPEN, its successors and assigns. 11.8 Enforcement. In the event ASPEN determines WRJV is not in substantial compliance with the terms of this Agreement or any of the Exhibits set forth in section 4.1 1AWIN-DOCS\ANNEX.008 12 ,81193 B-780 -382 05/09/95 02:58P FIG 137 OF 84 l WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT above, ASPEN may exercise the remedies as set forth in the AH CONSTRUCTION Agreement. 11.9 Subdivision Improvements Agreement. This Agreement and its exhibits shall serve as a Subdivision Improvements Agreement for the Williams Ranch Subdivision. 11.10 Recording. This Agreement shall be recorded in the records of the Pitkin County Clerk and Recorder's Office. IN WITNESS WHEREOF, ASPEN and WRJV have caused their duly authorized officials to place their hands and seals upon this Agreement. LM WILLIAMS RANCH JOINT VENTURE . Managing General Partner CITY OF ASPEN, COLORADO By: 5• 5 John .'Bennett, Mayor CITY OF ASPEN - ATTEST: Kathryn S. ch, City Clerk lAMON-DOMANNEX.008 13 381193 P-780 P-383 05/09/95 02:58P FAG 14 OF 84 J WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT State of Colorado ) ) ss. County of Pitkin ) The foregoing Annexation Agreement was executed and acknowledged before me this day of Mar 1995, by John S. Bennett as Mayor of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires: e iteg Notary Public My Comm'►ssion xp 12!2311997 TrAFC_ State of Ge4er-a46 ) 110 L` U f &9A County o) The r oing Annexation Agreement was executed and acknowledged before me this day ofZ 1995, by John D. Markel as the President of Mark IV, Inc. the managing general partner of the Williams Ranch Joint Venture. Witness my hand and o icial seal. My commission expires: %� ANDREA C. FONTES Notary Public comm. #1000100 SAWA RARWA CMMN 11r CameiMbn Eip.INq. Ilk 149? 1AWIN-DOCS%ANNEX.008 14 381193 B-780 P-384 05/09/95 02:58P PG 15 OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT EXHIBIT "A" (legal description) A parcel of land consisting of 12.774 acres, more or less as shown described as the SilverLode - Williams Ranch Parcel on the Smuggler Mine Subdivision Plat Map, which was recorded on the IS41"iay of March 1995 in Plat Book 36 at Page-7-1 . -P William Rancof •-n ATmexation Agreement ]7►1 FINAL SUBDIVISION PLAT OF SILVERLODE suBDivisioN and WILLIAMS RANCH SUBDIVISION IN THE SE: 1/4 OF SECTION 7. T. 10 S., R. 84 W., 6th P.M., PITKIN COUNTY, COLORADO �,. ON SIR �� ���••••� wwNw,-� sr arr•usw� •w�•. �,w �` w��_c rar_:wN�w���'u �i��-.�-•�r�-�'`-. ate' l���'?i'J.i'aw�wwNt.u3) �R�R"����� i. • _:i»•„_l._ fir f.^i1•AS.It'Sf � . N��www�.l If:���ww���•f6• �•�w:•..l..www,�: i'if.:.:•a�... If•,F A•. I f•AL SUROIV6 IN, ,A1 OF SLVERLOOE SUBDMSNN• R,• WL.LIA03 RANCH 9URONA40N . W. YNp M SLVERLOOE •Wµ1A•/S RANCH PARCEL OF SMUOOLER L E SUWMI90N IN THE SE I, OF 6ECrWff 7, T. 10 S• R. O4 W_ 6m vJA. MNW COUNfY, COLORADO L OI 4 :�81193 P-?8�� O'.58P FIG 27 OF 84 3 Recanted at O'clock M., Reception W. __ Rxarder DEED OF TRUST THIS INDENTURE, Made this day of March , 19 95 , between the williams Ranch Joint Venture whose address to 3214 Canpanil Drive, Santa Barbara, California 93109 hereinafter referred to as grantw, and the Public -I'rusteo of the 'County of Pitkin , Slate of Colorado, hereinafter ielerie l to as Public Trsntee, WITNESSETH, THAT. WHEREAS, the Williams Ranch Joint Venture has eaecuted eprawsissory 8te-rod-ini-. 1 c Irrplar, bearing even date heteay._....,...� an Annexation Agreement and AH Construction AgrecilleTt eolyd,T yip t tcto,lx of t i for the use and benefit of the City of Aspen whose address is 130 South Galena Street, Aspen, Colorado 81611 -rim ice#-widrntcresrthetetsn frontdse-datr>•herert ai, """'f Payable as set forth in those agreements AND WHEREAS, The grantor is desimus of aecuring payment of the principsl and interest of mid pmmin"y note In whose buds %naever the said note or Any of them may be. NOW, THER EPORE, The gruttar. in consideration of the premises and for the purpose aforusid, does hereby grant, bargain, ad and Ivey unto the said Public Tmstee in trust lonnim 04 following deAcribcd property, sit Lar. in the City Of Aspen County of P itk n , State a( Colorado, to wit; Lot, -I LoL _. Lot —, lot , Lot , Lot —' and lot in . rSllbdivision, according to the Plat recorded on March 1995 in _ fat Page — �1 N shre+rmwrty-avcc, 0 dro 01be. TO HAVE AND TO HOLD the Same, together with all and singular the privileges andappurtenancea dsereunto belonging: in'Rssst nevertheless, lbar is cast of de (nail in the paymentof Said ttote orany tsf them, wary put thereof, Orin the payrnust of the intetvt thrYmn, smsrding w the tenor andeffat duld nose w any of them, or in the paynnea orany prior encumbrao_es, principal or interest, if", Orin case defaail shoal ba made in win case d violation or breach of any of the Berms, conditions, eOnvenants Or agreements hereto contained, the tersefriary hereand" or tie legal holder of the IrdebwAaca secured hereby may declare a violation of any of the covenarus herein conuitxd and elect to advertise aid property for sak and demand such ask, then, upon filing notice of such election and demand fur sale with the Public ltusux, who shall upon receipt of such aotine of eloction and deraud for oak cause a copy office same to be recorded in the stcdrder's office of the county in which said real estate Is situated, It shall and may be lawful for the Public Must— to sell and dispose of the same (co massc or in separate pucds, as the said Public Tluslee may think besl� and all the right, lick and interest of the grantor, his heirs or assigns therein, at public aucuon et such tiros and At such location as shall be designated in the Public Thulae's Native of Sale, for the highut and best price the same will bring to cash, four weeks public notice having been previously given of doe don and place of such sale, by advtrtisemaru, weekly, in Sumo new"' r d gonheral clrcuiula,s u Ilsu u,me puWislhcsl in said County d Pitkin a copy of which n'aice shall be mailed within Ben days hum the date of the first publication thereof la the grantor u the address herein given sad w such person on Persons appearing to have acquired a subsequwl record interess in Laid real estate at the address given in else recorded iasnument; where only the county .111. is given as the address then such notice shall be mailed to tsc county Acts, and to make sad give lathe purchawror pumbasus of such prpooppecrty u such ask, a certiflc arc or certificates, in w,i(ingg describing such pupetly Purchased, and the sum w autos paid shuafur, and the time when the pusehascr w puchasen (or other pre icon emi(kd thereto) sha11 be cs i ad w a deed w dads therefor, unless the same slall be redeemed ss la pptfoovvlded by law; and said Public Trustee shall, upon demand by the person or persons holding the said certificate or certificak3 of purchase, when said demand is mask, or upon demand by the person entitled to a dad to And for the property purchased, at the time such demand is shade, the first for rtdtrnplion having expired, make .. and execute to such pecan at persons a deed or deeds to the said property purchased, which said deed or deeds shall be in the ordinary form of a conveyance. and shall be aigaW, acknuwkdged and delivered by the said Public'llussa and shall comfy &W quisClaim so such person or persons entitled to such deed, the said properly Purchased a, afwc""all the right, rick, interest, be fit srd aluil or rudcmpuon oCdsc rot, his hair and assib s l Iheroin, sad shall ratite the sum or suns for which the said properly was sold and Wall refer lathe pc er ofoak ttseaein contain d. and to the ask w asks mark b1' virtue thereof; and in case of art aulgnment of such certificate or certifkatu of purchase, win case of the redemptions of such Property, by a subsequent eo d:s ana:er, such assignment or redemption shall also be rcfeatc! to in such deed w deeds; ham the notice of sale reed oni beset nut in such deed w deeds and the Public Trustee shall, oat of chc prucceds "arils of such ask, after first paying and retaining ell fat, charges and costs of making said sale, pay w the beneficiary hereunder or the Legal holder of said note the principal and interest due ors Said note according to the tenor and effect axicof, and all moneys advanced by Such bcneficiscy or legal holder of said now Lev Insurance, saxes and assessments, with interest thereon i u per cent per annum, rendering the ones Aus, if any unto the grantw, his legal represenutivea or assigns; which sale or Sales sad said deed ar deeds so made shall be a perpetual bar, botA n law and equity against the tartar, his heir and assigns, and all other pericnselaiming the said property or an pa t therecr, try, fnm, through or under the gnntar. ar soy of there. The l,nlderor hoiden of aid ww or notes may purchase said property w any pan thereof; and It shall not Is, obligatory upon the pumbawror purchaset s al uSuch iy sh sale to see to the application of sle purchase nsoney If a rtleax d=d be retfuired, it is agreed that the grantor, his heirs o, assigns, will pay the expense thereof. i 'If in Denver, inserl "City and II No. 341B, Rev- 13-g5. UEEL Oa T0.7bT (arise TMrrtrl N71Aeu1 Dwe w Sale CLax IO 1� ar.afwd PtNW,y, Sat] W lea ha.. l.tltt.aN. CO WIH -. ()G]) r]) AnOe When recorded, resurn to 381193 8-780 P--41 1 05/09 /95 ac s 58P PO 4e OF 8t And the grantor, forof arsd his hein,yusonal representatives or assigns covenants and agrees to and wide the Public Trustee, that at the lime of the ensealing of and delivery of these presents be is well seized of the said lard and knemrnts in fce simple, and has good right, full paver and lawful authnsity [o grant, bugaio, sell and cornry the same in the master and form a aforesaid; hereby fully and absolutely waiving and relc asmg all rights and claims he may have In or to said lards, terxrocas, and property As a Hooeskad exeminion, or other exemption, under and by virruc of any act of the General Assembly of the State of Colorado, arm anyexeurptioand under and by virtue of any act of tux United Stales Congress, now existing or which may hereafter be passed in relation thereto and that the swat are free tied clear of all liens and encumbrance whatever, except those of record, particularly the Purchase Horsey Deed of Trust recorded in Book 772 at Page 666 and re -recorded in Book 773 at Page 546; and the Deed of Trust given for the use and benefit of Alpine Bank to secure a construction loan to improve the real property, recorded in Book at Page and the above bargained property in the quiet and peaceabie possession of the Public Trustee, his ruccessms and assigns, against.11 and eery person or persons lawfully claimlog or to claim the whole or any pan thercad, the grantor shall and will Warrant and Forever Defend. Until psymetss in full of the indebtedness, the Star" shall timely pay all tuts and Assessments levied on the property; any and all amounts due on account of principal and interest of other starts on any senior encumbrances, if any; and will keep all improvements that may be on said lands insured Against any casualty lots, including extended coserage, in a company a comni paes meeting the net worth mquuenens of thcbenelkluy hereof in an Arnounl not Ices than the then total indebtedness. Each policy shall contain a loss payable clause yarning the beneficiary as moo;agee and shatl further provide that the imuramc may nmt be canceled upon less than ten days written notice to the bemflc iary. At the option of the beneficiary, she original Paley or Policies of insurance shall be delivered to the beneficiary ss further security for the indebtedness, Should the grantor fail to insure sod deliver the Policies of to pay Imes or assessments Ale the same fall due, or to pay any amounts payable upon swim ertcumbranvs, if any, the beneficla y, may make any such paynents m procure any such Insurance, And all mooles to paid with interest thereon As the rate of % per an um shall be added to and become a part of the indebtedness Secured by this Deed of Trust and may be paid out of the proceeds of the sale of the property if not paid by the grantor. In addition, and at its option, The beneGciuy nay declare the indebtedness secured hereby and this Deed of Trust to he in default for failure to procure insurance or sake any of the payments requited by this paragraph. AND THAT IN CASE OF ANY DEFAULT Whereby the right of foreclosure occurs hereunder, the public Trustee or the holder of said ooze or certificate of purchase, shall in cote becaao eaWled to the possession use and enjoyment of tie property aforesaid. And to the more. issues and profits m thereof, frothe accruing of suc7t rlght And during the pendency of Foreclosure proceedings and the period of mdcmpWn, if any there be: and such possessions shall storscebedelivem to the Pssdic Trustee or the holder of said rote or certificase of purchase on request, and on refusal, the delivery of such 1�isesskxr% may be -forced by" Public Musa0 or the holder of aid note or certificate d purchaSe by any appropriate civil suit or procudiog, and the Pblic Trustee, or the holder of aid note 0,oertificate of purchase, or any thereof, shall be entitled to a Receiver for said property, and of the rents, issues And profile thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any these be, and shall be entitled tteruo at a matter of right without Mptd so the solvency of insolvency of the motor orof the then owou of said property and without regard to the value thereof, and such Receiver maybe appointed by any court of cosnpttent jurisdiction upon ex pule application and without mix — notice being hereby expressly waived — And all rents, asucs And profits, income and mvenua thenehom shall be applied by such kcceiwr to the payment of the insdebsedness hereby secured, according to the law ud the triers and directions of the court. AND, That in case of default in Any of said payments of ptincipal or intents, according to the tenor and efkcl of said promissory note aforesaid, or any of thurt, or any part thereof, or of A breschor violation of any of the covenants a Agreements herein, by the grantor, his p-tonal representatives or assigns, then And in that case The wbok of said principal sum hereby secured, and the interest thereon to the time of the ale, may et once, at the option of the legal holder thereof, become due and payable, and the said property be sold in the manner and with the sane cfkci As if said indebtedness had matured, and that if foreclosure be made by the Public Trustee, W Attomey a fee of the sum of a reasonable amount -cbltarr for services in the supervision of said foralostrrc proceedings shall he Slimed by the Public Trustee As a part of the cost of foeclosum, and if foreclusure be made through the courts a reasonable attorney's lee shall be taxed by the court as a part d the cost d such furcckssure proceedings. The singular rasmber sh li include the plural, the plural thesinguhts, and the use of Any gender shall be Applicable to all gersdcrs. Executed this day a(*41 i9 95 . ATrM1 Williams Ranch Joint Venture (a Colorado general partnership) AMOMA C. FOWES OOW rftwoloo Will^ OR.Mic. C.uso WMSAMAstacosarrrgtna Mr Oatlaalaaltn i•. Avg. W 467 Jo Markel, President of Mark IV, Inc. Stak d manilging general partner Coady djL{ii61s. The gun g instrument was acknowledged before me Wis by ifa(te e.�01 66 Witness my hand and seal. 1qq My commission "pines ale 1511 (11 . z f{ u � �vp b C 3 O heel � � e I L Y 0 U c a O L 41 66 Lt H < 3 e 0 rq ;{off$ F u d.y rd -?' =Cjf 0�l.j , 19 95 i^ y� 7 o 0 a ter, u m 5 z I MAR 07 '95 06*-15PM STEVENS GROUP VAWCE Ell TF. WMSES, INC. 41 MARTINGALE PLACE POST 0"1CS BOX 5478 SNOWMASS VILLAGE, CO 81615 (303) 923.4728 FAX (303) 923.4717 February 28, 1995 John D. Markel Williams Ranch Joint Venture c/o Mark IV, Inc. 3214 Campanil Drive Santa Barbara, CA 93109 Dear John, P.1 Vannlce Enterprises, Inc. has produced many employee projects such as Fairway Three Townhomes (30 units) and West Hopkins in Aspen (10 Units). Because of this past experience we feel we can produce the Williams Ranch 34 single and duplex units within the same budget as the other projects, The total square footage of the single units is 37,124 square feet. The total square footage of the duplex units Is approximately 18,562 square feet. The garages total 9,632 square feet. The total square footage will result In a construction budget of approximately $3, 800, 000 to $3, 900, 000, Sincerely, William R. Vannice President William Ranch - City of Aspen Annexation Agreement EXHIBIT "G" 77 j R If) +•+r rlr:l rIB_�:,'?4'� Sf,/{tilC1/Sl!� 'T4i_::I l,)tL-E' :'f,TTRT. Williams Ranch - City of As pen AnnexationAgreement EMMIT 1 ROE. sit vEf,, CO' UR T . 1 . . C�redMq end OyinyB Plan Smuggler Mine Subdi\ision Final Plat 27 +T i3 J f l a G / F 4'1 /'f- k'! Williams Ranch - City of Aspen Annexation Agreement EXiIBIT "I" 1 of 3 pages 00 0000, .. vie \ �.� � .. •L j aoe 79eO landscape Plan �� ► -,__ FINAL SURASSioN FINAL PLAT William Ranch - City of Aspen Annexation Agreerent MOIBIT "I" 2 of 3 pages 110 Nl �.; . CD ul \ _ - �/•6• iwrll•re �Y+s Drys! 93 Aw'MI. ! � $� Nf�MH •A�Reuwre /^� Bp I#M �I • 7vh► ��l 14 r. t ... t �- -- DO Vo / MhNmMA Mavl�iiMst A �;. ` ~ \ ww.sl.. wr•+^ ark - - -.� - it{i INq+lw N/61��► a �KLrCtA Nwt,�pi.� \ 47 .�i� �17 9'j 'j43�• u Williams Ranch - City of Aspen Annexation Agreement EXEiIBIT "I" 3 of 3 pages sit VCR O _ i.R•C �// Nye trw�YM� + 02, T111� 1 ` awFl.•Qi! Q in 7L~ N �P Plant Schedule lr - ! r' rYaa.. rw..e,•y Yh./.n.' _can. •auc +r�n.l:. a: z\..r 1 ' , ' r .o .. , -,-- �r..►e 1- we .•aq„� t'a / , \. j ��+ �.r .ra.oy- w+.ra •ar w.• ./`waw.•..wi.y r... I ,w. � �Y••o w.nr�rr \ . .� 1 - , _i , rfr1s.Tis.i - .ww.w�.k „s....ti.,No, �rrr...rrL-Wrw.•r:wr,�Yr ,1.'- � . 'I- - . - . _ + w�ri...v i.rw,..s, rxee ♦+.r.�ue re �ri,e r arrc wrrw. » rr•MY rL.NrY+r►' w.r....nw. GYM or,arY ,',I \ . 2 MrJ. i•rb M.M h.ti►nrr r f7 wiu .�� rl I��+ +rY�TMw Ya rNaM 11.'i Ma W %r:r�i :.wawrrw..a Park OeYaWpno"i ardcpw Plan Cml lavlPr "nP S, 1hriivision Final Plat *iE3 :TC? g 9-71 dR-_1:,':'l"?+ S6 601=0 LT b—d k�cL -tj C6T T8' ""' February 23, 1995 Mr. Gary Wright N ~ Wright & Adger ' 201 North Mill Street Aspen, Colorado 81611 RE. WILLIAMS RANCH LANDSCAPE COST ESTIMATE Dear Gary, The following construction cost estimate is based on the Final Plat Landscape Plan dated O February 24, 1995. This estimate includes all construction items not included in building or infrastructure �++ construction costs. 1. Finish Grade: 170,000 s.f. @ .06/s.f. $10,200.00 2. Irrigation: 26 structures @ 4,000.00/ea. 104,000.00 rt : 3. Seed: 115,000 s.f. @ .12/s.f. 13,800.00 4. Sod: 55,000 sT @ .28/s.f. 15,400.00 rr 5. Plant Material; 119 Aspen @ 200.00/ea. 23,800.00 34 Spruce @ 450.00/ea. 15,300.00 �+ 8 Cottonwood @ 450.00/ea. 3,600.00 ►� 330 Shrubs @ 25.00/ea. 8,250.00 _ 6. Trails: 48011 @ 5.0011.f. 2,400.00 7. Boulder Walls: O 450 s.ff. @ 15.00/s.ff. 6,750.00 N 8. Concrete Retaining Walls: IR 600 s.f.f. @ 20.00/s.ff. 12,000.00 9. Site Stairs: Lump Sum 5,000.00 10. TOTAL $219.500.00 312 E, Aspen Airport Business Center, Aspen, Colorado 81611 (303) 925-6717 FAX: (303) 925-6707 January 25, 1995 Mr. Gary Wright 201 North Mill Aspen, Colorado 81611 (ri � µ RE: MOLLIE GIBSON �; µ LANDSCAPE CONSTRUCTION COST ESTIMATE FA Dear Gary, The following construction -cost estimate is based on the Final Landscape Plan dated January 25, 1995, 14 reviewed and approved by the City Parks Department and attached herein. This estimate includes all Faco i construction elements not included in the Banner Associates, Inc. infrastructure construction cost t estimate. n n 1. Finish Grade: 0 70,000 Square Feet L .06/s,f, $4,200.00 !!!rn L 2. Irrigation; IA � Lump Sum 15,000.00 .a �n 3. Seed: Seed Type 1 - 30,000s.f. @ .10/s.f. 3,000.00 IN Seed Type 2 - 40,000s.f. @ .12/s.f. 5,000.00 4. Plant Material: - 25 Deciduous @ 300/ea. 8,700.00 M 32 Coniferous @ 500/ea. 16,000.00 11 Deciduous @ 450/ea. 4,950.00 30 Shrubs @ 45/ea. 2,700.00 5. Site Furnishines: 3 Picnic benches @ 1,000/ea. 3,000.00 0, 5 Seating benches @ 500/ea. 2,500.00 trt Play area - lump sum @ 2000 2,000.00 N 6. Trails: 1000 It @ 5/I.f. 5,000.00 rn 7. Sidewalks: 1,500 l.f. @ I0.00/l.f. 15,000.00 8. TOTAL 85,700.00 312 E, Aspen Airport Business Center, Aspen, Colorado 81611 (303) 925-6717 FAX: (303) 925-6707 Williams Ranch - City of Aspen Annexation Agreement EXHIBIT "K[t J DDTr. LEGEND . ua[—•a—Yc s•eroo ntennc �� �� t M.i� rq�ius wf¢o.rr.v .w.v D M aIG[[T LOT frsw.D •.v n s nc suw o, crr VYe- r•O•im 6IG1M R[►M[. Yw Yl[ N `� \ GTY-St. \ �rv-eii rwaDDm TRP.at DAR[ N, tua wD•r1 DtiGt R[Ciwe 1 � -ate+ 1•tD• w w lt!--____-- _ _ io+wD If�1[tt. f •sHlsi t••wif NaDD.p .•IraR.t• Os tGt+�4[ Y[ / / _ � +1 -__ LOT 5 � —r r«.•a •rY Yoe / ' i '% '-----'' LOT - 6 ° Drt•ra tu•nw i•rvar•n ,< ( LOT 4 �+�,"• ' ; i�r //, / � ______J r yy� IIr�NO RKt•R tni¢ WiEI ,i` Y i;ry / -_ ' LOT :1 [ LOT 2 XYX\ \ rah ._ •. %E-L COURT s ♦♦ OND T .♦ '+tom 1��—^— ■.o iriD.fr BANNER DalDa AAeOar[/. wG. • GDMA,rM 1D•KS1f • tiDKYVl6 .^ DDsai �� O lrrr tlefisDDADs D04LVAID • tA•E aDcrof, m qoD • P[ll [•sJft Dm [ Ditty • PDr[ D • AOVE w DN • N.71 fssfmT f ifw YM�m1 t< U .[R4[n iH ADY Mt0[S�['ie MYifAi[• :m �ss�s.su f[ swat iuwar / torn isrtf .•w ,�vaes tii�D:roiercn ..[ d / W[D YO wrrtin��YKKi tH fwDrrCD V/EKi to /f//I r ; LOT 9 LOT 0```> LOT 11 LOT 1XY 2'/ , ' '�_ ;i •wt 'CLOT 14 i 9' /LOT 15` I I` FREE S/L VE'R r r`I COURT It 11 rr \ C Ire � ,[Des Dr •ro[ ♦♦ NOg1s/N/ I I I I\ P •N0r ..T Vl.r E Afw°t. fAEMADO SILVERLODE SUBDIVISION 8 WILLIAMS RANCH SUBDIVISION PRIVATE UTILITIES PLAN t113 Jo TS 9d 96/E)0/90 0?47-r� 09'-+3 C 6 T T R "ZI 22 85iO4z1995 13138 FROM Banner Associates Inc. TO 9255663 Z m 2 U Z H W U cn LLI j �-" _JZLU 2O ca ?W a O0LL v)(L0 j2Z auto 0 Lu co o=� �c V FO Z W 9 go I abrd „`I„ SIffIHXg y 2MMSV NOIIVXHNNK IONVd SWITUM co r W 0 a M clU co Z 0- FE U C0 w 0 SOooSaSoSSc�CS pCS S�f V COOC4N W O Q �-NNN�N VW 01). iA Vf !A C700OOC] ��C3S�So��dc7 aci C JJ W W J�.iJ p0.J..JJ r*0) q,-r 0C)! V9C VV-r tt�N "'�V~ N��,O'O N (D N 44 P.81 TOTAL P.81 .zt C'J c F a s c0 W O N t7) a, I z w w t a Fr w Q = Z0'd (��41CS888888888888(7 ovc►oo0 Lcr-N�NyW RtN •. mowO O E03, NN N�� N N�� N N U p O 0 0 p O Q 0 0 0 0 0 0 0 0 0 0 0 uj O �- to CO C O O O to O O O O O O O O O O O .- oo ao ui d a ci c c c o to 0 mNNNd►�ONui 10fGa fA i d► N N Z � I i I a a U cn w 0 £99SSZ6 Ol •oul saleloossd Jauueg u0ad SZ:£t S661/VS/90 n m ko w 0 L Z Fz- j CJ M t= w fZ I_o U 0 m$ooaooc 00000c �dcto" a*oc>c roc IT ITo c, o m ch OR 0 �4 o o CL C 3$SSoogS ( '.p M CN r- 4% 41 iV i G� 6 •c 1 UV»-}ZZ>. -�-�UVDOtALLi t ! � � c6 r—rpe—Gpp�'cp C3 to f ti��eN•-p U cm w Is fA E ! U�u-d2taU c., a� u c., i rt to tr, G rO cn m to -P, 0 T £e•d £999SZ6 01 "Jul sele1oossu Jouue8 WONJ 8Z1£i S66ii1,eiSe a i a H �Hq H tl:. 4. 48'd i I d ti C aD O O O d pp pp O t! pqq N-a:QO eOO-��ot('�OOS < i O�O(CONcc $VNCNc(1ti0LCC 4 ! C3C%j Ooe_��Opp(?ansf tMMna Q Q I� W j! �`--'Nf`+l➢����QOSicO�NOCR gNC yppNN6ifldINya H y* (4 Z i j JJ LU i �'���0`C'rNONOOcONM II Q C�Q�rI�?e- N�NN rN ^!N Z i� 1 I` I 102 _ Q W a. U ci_' v) i �a� �� } }( CD 1 E - w c CD � ci u 2 z� g' O m m co co c c93��r U t� wLau v°�w� c�03wW o co 0. O rU Zj Z H qV U W U w w O M J U z w U a H O .r z J f99SSL6 01 'luI sa3eFoossy aauue8 WOVA 64=fi 9661ib0iS0 0 41 kD 44 0 • 11 H H H z W WW J 8 9 M U S8•d 0 098888888888888888 O 89 as 0 Cl O O OwO N O N O M O totoNt,CDw wOtoOr,%n�iCptoN0 e-LOT-(7Nr-00WTM0Mt(pocf) Nq 4A. to . 44 r N w r- e- d! " d! N! !? ft bd! too-V► iA iR O O O O O O O O G O O Q N !? O P. O C? ssa�5�g TZ N H r N V► iA fi) f/f d? I � I QQ{� .�.IJJUJLLlJJ F D Cy z a a U W C 2 ui Z Z JJWUJJ_j00)0V1 i rrgVfQDNcnr-001a7117NrwO N� I�QQAn I II CL OCL `—'� R c .°c< ns�Um £9999Z6 01 •ouI s+1+Soossd a•uu+g WOMB 6Ztti 9.661/tozr0 kO W O to Q) 99'd 1H101 C Q LO � M i�A w w 8 90•d W z J x w Q n © ti! r z ¢ w 0 a w o z� 2I o Sz w w � T992tu OL N w U w a w O Q W z_ 0 w 0 J U _z z w w [a 0 z w w w U- z oui solvTooisy aiuur8 W02ld 0£lfi S66iz1B/S0 Williams Ranch - City of Aspen Annexation Agreement EXHIBIT I'M" a.w. [ TK saw r N.Trm es r.au ,wa. Tit a.+ro . ar .cm.lcw[t w a•[ v vawrtm'�i vww�•[,om s�t ror rrRm[ aw[N_ s ..w r[�R n auacs n ew.e .•a n .cvR.ce or ^. [-+R*R"�^°" 1 ooas..rt. T7�LEGEND rgHm ! wNIP tK N AOIORO .Cra. VLLK � [w.[•a rwl .r[Rr[ V [ptTRa wRlaa V.. MNNO t.[ R[01r1r CONTOVII INTpIV4 G F[[T /y Rt[ M N Itll W WNlgwl Nlo[YK M MET \\ ICr.. SANVER rs snags tMttT otltrti wC . apNIR1M cwaamrs a [a[Kl'ota [m alsftteaos tatcvsep . awso �awends L• Llo. • ues -X Na— ra news .c avc s sss . [rTt a . •sros a aw . atncaar artl�Jr6 RYIQ, qrT VP 11RC AVE% t MAM SILVERLODE SUBOIVSION a WILL�AMS RANCH SUBDIVISION WATER PLAN B-780 P-4-27 015/ 09/95 w` • 58P PG 58 OF 34 21 Williams Ranch - City of Aspen Annexation Agreement EXHIBIT 'TN" oe rrt '^ TaEurz aw.cn .lowT vEM IJIE wsnra ;pldEloo +su � � w � w EREwE SILVERLODE SUDOIVISION 8 WILLIAMS RANCH SUBDIVISION �,,,� TmT,'p��M' E�wle m +Ew • Iz*e+taa SANI i ARY SEWER PLAN wr��• r �0! f. rW � WR E � �NpE ce tliE � I)M "�lYT 381 193 B-780 P-4 8 PC 59 OF 84 18 381193 la--�780 P--4 9 05/09/9 ; 4� ";;3f "-'i; C,, 01 84 CITY OF ASPEN WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDIVISION (New Development) This Water Service Agreement is entered into this-Z( d y of April 1995, in Aspen, Colorado, between TIIE CITY OF ASPEN, a Colorado municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City"), and The Williams Ranch Joint Venture, a general partnership organized under the laws of the State of Colorado, whose address is 3214 Campanil Drive, Santa Barbara, California 93109 (hereafter "Developer"). WITNESSET11 WHEREAS, the City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is entered into in conformity with, and subject to, all such laws, charter, ordinances, rules, regulations, policies and resolutions; and, WIIEREAS, Developer is the owner of certain real property comprising approximately 12.774 acres situated in Pitkin County, Colorado, as more particularly described in Addendum 1, and referred to in this Agreement as the "Subject Property"; and, WHEREAS, Developer seeks to construct on the Subject Property the project described on Addendum 2 hereto (referred to herein as the "Project"); and, WHEREAS, Developer seeks to obtain municipal water service from the City for the Project on the Subject Property; and, WHEREAS, the Subject Property is located outside the corporate limits of the City and the Developer desires that the Subject Property be annexed into the City of Aspen; and, WHEREAS, approval for the Project has been granted by the City Council subject to the negotiation and execution of a mutually acceptable pre -annexation agreement between the City and Developer, a copy of the approval is attached as Exhibit A; and, WHEREAS, water service for the Project will require the construction and installation of certain water mains, lines and related facilities as described in this Agreement; and, WIIEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code"), requires that the extension of water service outside the boundaries of the City shall be made only pursuant to a written agreement with the City, that the City shall not be obligated to extend such service, and may provide such service only upon a determination that it is in the best interests of the City, and that the City may impose such requirements by agreement as it deems necessary to protect its best interests; and, WHEREAS, the City's Water Service Extension Policy permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5 (Series of 1993) as amended June 28, 1993, pursuant to Resolution No. 49 (Series of 1993), as the same may be further amended from time to time; and, WHEREAS, the City requires a loop system or a cross -tie system (at Developer's expense) such that when water main extensions are made, such extensions shall be made in a manner that will allow cross - connection with another of the City's treated water mains to create a looped system; and, !ANX-1-10H.003 1 381193 S 780 P--430 05/09/95 17.1 2:58P PIG E,1 01 84 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDMSION WHEREAS, the City has determined that this Agreement and all covenants herein are necessary to comply with the Code and the City's water policies, and the City is not entering into this Agreement as a public utility nor holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and, WHEREAS, the Code provides for the rating of new or expanded water service based on potential water demand as expressed in equivalent capacity units (hereafter "ECU"); and, WHEREAS, the City desires to encourage the use of raw water supplies for the purposes of lawn and other outside irrigation so as to reduce the dependence on treated water for this purpose and to minimize the costs of providing treated water service to the Project and the Subject Property; and, WHEREAS, Developer has submitted its Application for Water Service Extension (the "Application") and has paid all fees required in connection with the Application. The Application, and all attachments, addenda and exhibits thereto have been relied upon by the City in authorizing this Agreement; and, WHEREAS, the City has approved the Application, and is willing to provide water service to Developer on the terms and conditions of this Agreement. THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the City and Developer agree as follows: PURPOSE OF AGREEMENT I. Water Service to Project and Subject Progerty. The City hereby agrees with Developer to provide treated water service to the Project and the Subject Property under the terms of this Agreement in such quantities and to the extent herein provided so as to serve the structures and uses authorized by the City under the approvals granted to Developer as shown on attachments to Exhibit A. Pursuant to this Agreement, the City shall provide treated water service to the Project and the Subject Property in an amount not to exceed 130 ECUs, provided, however, that the maximum volume of treated water the City shall be required to provide to the Project and the Subject Property pursuant to this Agreement shall not exceed 53.3 acre-feet per year. Only those structures and uses approved for the Project and the Subject Property may be served under this Agreement. 2. Limitation of Time to Provide Service. The City's obligation to provide water service to the Project and the Subject Property pursuant to this Agreement shall terminate if Developer has not completed construction of the water transmission and distribution mains, lines, and related facilities described on Exhibit A by 30 November 1997, unless completion of construction is delayed by force majeure as defined in paragraph 30 below, in which case the deadline shall be extended by the same number of days as the force majew-e delay that prevented completion of construction. CONSTRUCTION BY DEVELOPER 3. Mains Lines and Facilities. Developer will design and construct the water transmission and distribution mains, associated facilities and internal distribution lines for the Project in accordance with and subject to the City's design, materials and construction specifications and approval, at Developer's own expense; provided, however, that to the extent the City desires any mains, lines or facilities with capacities !ANX-FIOH.003 1381. 193 B-780 P--- 431. 05/013 /95 02: 15,8P PG 62 OF (.34 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDIVISION larger than necessary to meet the needs of the Project, the City will be responsible for the incremental cost of such enlarged or additional mains or facilities. "Incremental costs" shall be defined as the difference between the total cost of a particular facility designed and constructed solely to meet the needs of the Project and the total cost of such facility as enlarged at the City's request. 4. Preconstruction Exhibits. The following exhibits concerning the Project will be prepared and submitted by Developer not less than 60 days prior to the commencement of any construction of any part of the water system for the Project: Exhibit B: Final plans for the water mains, interconnecting mains (loop system), and lines and facilities to be constructed pursuant to this Agreement, as approved by the City. b. Schedule for completion of the Project water mains, lines and associated facilities to be constructed pursuant to this Agreement as approved by the City. Exhibit C: a. Operational impact statement containing information necessary to permit Aspen to determine the operational impact of Applicant's proposed extension on Aspen's existing facilities and water supply. The information provided should include requested water flow rates, impact on water quality, incremental costs for capital items, incremental expense items (such as electric power and treatment chemicals) and electrical consumption. Said information shall also include estimated man hours for operation and maintenance of the proposed facilities. Exhibit D: Estimated gross water requirement (gpd) and water flow requirements for the Project for in -building use at full development (including water requirements for any existing uses that will be continued upon completion of the Project), and estimated treated water irrigation requirements, including number of square feet to be irrigated with treated water. b. Fireflow provisions, including location, size and description of fireflow storage to serve the Subject Property. C. Description of general location of easements to be conveyed to the City. Exhibit E: a. Other circumstances, if any, affecting the cost or type of construction required for the water mains, lines and associated facilities to be constructed pursuant to this Agreement. 1ANX-1-1011.003 381 193 B--780 05/09 / 95 02: 8P PG OF 84 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDIVISION The parties agree that the Exhibits to this Agreement [Exhibits A through E] will not be recorded with the Agreement due to their length and bulk and because they are not required until 60 days prior to the commencement of any construction of any part of the water system. 5. Final Plans. Upon receipt, the City will review and, if approriate, approve the final plans and specifications for the water mains, lines and facilities to serve the Subject Property. No substantial changes shall be made to the approved final plans and specifications without the City's prior written approval. Developer's registered professional project engineer shall inspect and certify the design and installation of all water system mains, lines and facilities to be constructed pursuant to this Agreement. 6. Bond Requirements. Prior to commencement of construction of any part of the water system, the Developer shall have furnished the City with performance security in form of an Annexation Agreement, AH Construction Agreement and Deed of Trust as approved by the City Attorney in the amount of one hundred percent (100%) of the water service system construction costs (less those incremental costs for enlarged or additional facilities to be borne by the City). These instruments shall ensure the completion of the construction, and hold the City harmless for payment to the contractor or any subcontractors, materialmen, or others involved in the construction of the water transmission and distribution mains, interconnecting mains (loop system), lines and associated facilities, or for the provision of materials therefor. The Anexation Agreement, AH Construction Agreement and Deed of Trust shall also secure to the City the Developer's maintenance obligations in an amount equal to one hundred percent (100%) of the water service system construction costs (less those incremental costs for enlarged or additional facilities to be borne by the City), ensuring the proper condition and operation of such water service system for a period of two (2) years from the date of completion and acceptance of the system by the City. 7. Conveyance of Water Rights and Structures. Developer shall, within thirty (30) days after execution of this Agreement, convey (by quitclaim deed acceptable to the City Attorney) to the City the any and all water rights of Developer in and to the Subject Property. The Developer shall contemporaneously convey to the City (in form acceptable to the City Attorney) any ditches, flumes, headgates or other structures and easements necessary to utilize such water rights, and all existing wells located on the Subject Property, along with the well permits and water rights pertaining thereto, except for the Salvation Ditch to which the Developer has no water rights. Such conveyance shall be a prerequisite to provision of water service to the Subject Property. The Developer will also contemporaneously provide to the City all information in its possession, or available to it, regarding the historic use of these water rights, including well pumping records, diversion records, irrigation records, aerial photographs, affidavits, and all other available information concerning the use of these water rights, and shall cooperate fully with the City in all water court proceedings brought to change or defend these water rights. The Developer shall pay City, on or before 1 April 1996, Ten Thousand and 00/100 U.S. Dollars ($10,000.00) for the express purpose of City obtaining an Engineering investegation of the feasability of developing the groundwater under the Subject Property. 9. Construction. Upon completion of the prerequisites described in paragraphs 3 through 7 above, Developer shall proceed with due diligence to construct the water transmission and distribution mains, lines and associated facilities in accordance with the plans and specifications and the construction schedule. No construction shall occur between November 1 and April 1 without written permission of the City's Department of Public Works. 9. Fees. Developer shall timely pay all fees imposed by the City in connection with reviewing and approving this Agreement, the design drawings and construction plans, as well as construction and !ANX-HOH.003 4 381193 P _ 780 P -433 0 / 09/9 5 072' : 8P PIG 64 OF' 84 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDMSION inspection fees. Developer shall also be responsible for timely acquiring and paying for all permits and permit fees from entities other than the City (such as Pitkin County and/or other regulatory agencies) necessary for construction of the mains, lines and associated facilities. 10. Inspection of Construction. Construction must be inspected by the City's engineers or other designated personnel prior to burial or final installation. Developer shall give the City reasonable advance notice when the mains, lines and/or associated facilities are ready for burial or installation, and the City's engineer or agent shall inspect said mains, lines and/or associated facilities within twenty-four (24) hours of such notice. 11. Easements. Developer shall obtain at its own cost and convey in perpetuity to the City as - built non-exclusive easements for water mains, lines, tanks and other water facilities, along with all necessary access easements for maintenance and repair purposes ("easements"). The water main and water line easements must be large enough to provide the City with at least ten (10) feet on either side of water mains and lines and must specify that (1) sewer lines must be Iocated at least ten (10) feet from any water main or line, and (2) other utilities must be located at least five (5) feet away from any water main or line. Access easements and easements for tanks and other facilities shall be of a size determined by the City to be reasonably necessary for the operation, maintenance and repair of the tank or other facility to be Iocated on such easement. Each party shall be solely responsible for any injury or damages, including costs and attorneys' fees, to persons or property arising from its own negligent acts or omissions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of any defense or limitation available to the City under the Colorado Governmental Immunity Act or other applicable law. 12. Testing - Conveyance, As -Built Drawings. Upon completion of construction and before any water is delivered pursuant to this Agreement, all distribution and transmission mains and all associated water lines and facilities shall be tested and, upon approval by the City, conveyed (excluding individual service lines) with all necessary non-exclusive easements to the City, free and clear of all liens and encumbrances, by deed in form acceptable to the City Attorney. Performance and payment bonds provided by Developer pursuant to paragraph 6 above shall be adjusted to reflect the final actual construction costs. The maintenance bond required by paragraph 6 above must be in place and must reflect the actual construction costs prior to the City's acceptance of any main, line or facility. As -built drawings of the Project, including the water system and all other utilities, shall be provided to the City on reproducible sepias with a maximum size of 24" x 36", and on an "auto cad disk data transfer file" tied into one (1) set of state plane coordinates. WATER SERVICE 13, Treated Water Service. Upon completion of construction and acceptance of the water distribution and transmission mains and lines, the associated facilities and easements by the City, the City will provide treated water service to the Subject Property to no more than the total number of ECUs provided for by the approved final design drawings, provided that the maximum volume of water the City shall be required to supply each year shall not exceed the amount (in acre-feet) set forth in paragraph 1 above. Any change in the treated water service requirements for the Subject Property will require approval by the City, and amendment of this Agreement. The treated water to be delivered by the City pursuant to the terms of this Agreement may be used for all lawful in -building municipal purposes, and for fire protection, swimming pools and the normal and reasonable outside irrigation of trees, lawns and gardens. Maximum outdoor irrigation shall not exceed 3,000 !ANX-HOH.003 :Sfai 19�, Pt_.-780 ('_._4 "5*4 �Z5/ 09/95 Q.if:::.` 8r, P(3 65 Of-' E34 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDIVISION square feet per each of the fifteen free market residential units, 750 square feet per each of the fifteen RO affordable housing units or 250 square feet per each of the thirty-five category 2, 3 and 4 affordable housing units. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolu(ion No. 5, as amended, Series of 1993), and water conservation ordinances. 14. Raw Water Service. The City may provide raw water for irrigation purposes on the Subject Property to the extent it is able to do so utilizing its existing ditch system, or the water rights and structures conveyed to the City by Developer pursuant to paragraph 7 of this Agreement. 15. Tap Fees - Computation and Payment; Scheduling of Taps. All tap fees for treated water service herein provided shall be assessed utilizing the following schedule: Housing Type % waived by City Tap Fee per ECU (after waiver) Affordable IIousing Category 2 70%, $ 2,217.00 Affordable Housing Category 3 40% $ 4,434.00 Affordable Housing Category 4 & RO 0% $ 7,390.00 SilverLode Subdivision Free Market Units 0% $ 7,390.00 All tap fees under the above schedule are due at the time of application for a building permit for the structure for which service is sought. No water service shall be provided to any structure absent payment of the appropriate tap fee and any applicable hookup charges. Tap fees and hookup charges shall be paid at the time of building permit issuance. The City Water Department shall determine scheduling of all physical taps or connections to the main lines. 16. Service Lines. Each service line shall be metered in accordance with the Code at the sole expense of Developer and cross -connection and backflow prevention devices will be installed at Developer's expense. 17. Limitations on Provision of Water Service. This Agreement is only for the supply of treated water service as herein described and no expansion of uses, connections, or water service beyond those set forth herein and in the Addenda and Exhibits hereto is in any way authorized by this Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Agreement be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided herein. 18. Service Subject to the City Charter, Codes Rules Regulations and Policies. Developer and its successors in interest shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen and the Aspen Municipal Code, as well as all applicable rules, policies or regulations of the City now in effect or as may be hereafter adopted. ?ANX-HOH.003 6 3t31.193 B3 780 P4.35 05/09J95 0...:::8P P(3 66 01:-* 1.34 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDIVISION 19. Rules Regarding Water Use. Developer agrees to adopt all provisions set forth herein as rules and regulations governing the use of water on the Subject Property and for the Project, and agrees that this Agreement and the Addenda hereto shall be recorded as covenants running with the land and shall be as fully enforceable on the Subject Property as if the same were situated inside the City. Developer agrees to assist the City in every manner reasonably possible to enforce the City's ordinances, rules and regulations made to protect purity, safety and supply of the water delivered pursuant to this Agreement, including curtailment during times of shortage, elimination of any potential cross -connections, and the utilization of water conservation devices as set forth in the Code. Developer also agrees to prohibit all unnecessary or unreasonable waste of water on the property served by this Agreement, and to make reasonable efforts to enforce such prohibition, The unreasonable or unnecessary waste of water shall be defined as set forth in the Code. 20. Source of Water Supply. The parties to this Agreement recognize that the City's water supply is dependent upon sources from which the supply is variable in quantity and quality and beyond the City's reasonable control; therefore, no liability shall attach to the City under this Agreement on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to inadequate runoff, poor quality, failure of infrastructure, or other occurrence beyond the City's reasonable control. 21. No Guaranty of Water Quality, Quantityor Pressure. The City makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression, except as specifically provided herein or as is required by applicable federal, state and local laws and regulations. The City agrees to treat its water to meet all mandatory local, state and federal potable water standards and to exercise reasonable care and foresight in furnishing water hereunder equal in quality to that furnished inside the City. 22. Property Rights in Water. All water furnished under this Agreement is provided on a con- tractual basis for use on the Subject Property as described in this Agreement, and all property rights to the water to be furnished hereunder are reserved to the City. Water service provided under this Agreement does not include any right to make a succession of uses of such water, and upon completion of the primary use of the water on the Subject Property, all dominion over the water provided reverts completely to the City. Subject to the prohibition against waste and any other limitations on water use imposed in this Agreement, Developer shall have no obligation to create any particular volume of return flow from the water furnished under this Agreement. Developer agrees to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. VIOLATIONS 23. Enforcement by the City. The parties to this Agreement recognize and agree that the City has the right to enforce its rules, policies, regulations, ordinances and the terms of this Agreement by the disconnection of the supply of water provided hereunder. Additionally, in the event that Developer or any user who has purchased or leased a portion of the Project or the Subject Property violates the rules, policies, regulations or ordinances of the City, the City shall have all remedies available to it at law or in equity, or as provided in the Code. Without limiting the foregoing rights and remedies, Developer agrees that the City may also enforce such violations by injunction, the parties agreeing that the damages to the City from such violations are irreparable, and there is no adequate remedy at law for such violations. The City shall be free from any liability arising out of the exercise of its rights under this paragraph. IANX-HOH.003 381193 P--780 p.._.436 015/09/95 02:58P E'G 67 OF 84 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDIVISION TERMINATION 24. Termination by Agreement. Except as provided to the contrary herein, this Agreement shall only be terminated in writing by mutual agreement and the term of this Agreement shall continue until such termination. 25. Termination if Illegal. The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with state and federal laws and the Code. The parties further agree that if any provision of this Agreement becomes in its performance inconsistent with the Code or state or federal laws, or is declared invalid, the parties shall in good faith negotiate to modify this Agreement so as to make it consistent with the Code or state or federal laws as appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall terminate. The City agrees that its contractual obligations hereunder will not be impaired by any amendment to the Code unless such amendment (or impairment) is mandated by State or Federal law. GENERAL PROVISIONS 26. Annexation. The service to be provided hereunder is entirely contingent upon the negotiation and execution of a mutually acceptable agreement for the annexation of the Subject Property into the corporate limits of the City of Aspen. Such annexation shall not divest or diminish any land use approvals or development rights awarded by the City of Aspen for the Project or the Subject Property, to the extent such approvals and rights are legally vested on behalf of Developer prior to annexation to the City. Land use approvals or development rights not vested in accordance with law prior to the annexation shall be subject to the terms, conditions, and regulations of the Aspen Municipal Code upon annexation. Failure of Developer or its successors in interest to commence and complete annexation proceedings as herein required shall constitute a material breach of this Agreement authorizing the City to terminate the same. Alternatively, failure of Developer or its successors in interest to commence and complete annexation as herein required shall authorize the City to commence and/or complete such annexation on their behalf, in which event the City shall charge, and Developer and/or its successors in interest shall pay, all costs and fees associated with such annexation. 27. No Public Utility Status. The parties agree that by this Agreement the City does not become a public utility compelled to serve other parties similarly situated. Developer agrees that neither it, nor its successors in interest or assigns shall at any time petition the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the City. The parties agree that in the event the City is held to be a public utility by virtue of this Agreement, this Agreement shall terminate and be of no further force or effect. 28. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 29. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at his or its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph. Copies of all such notices shall also be sent in the same manner to the City Attorney, City of Aspen,130 South Galena Street, Aspen, Colorado 81611 and to Gary A. Wright, Esq., 201 North Mill Street, Suite 106, Aspen, Colorado 81611. ?ANX-HOH.003 381193 8--780 1: 437 05/09/95 02;:56P l'G 68 OF -134 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDIVISION 30. Force Maieure. No party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party. 31. Severability. If any provision of this Agreement shall be or become invalid or unenforceable, the remainder of the provisions shall not be affected thereby, and each and every provision shall be enforceable to the fullest extent permitted by law. 32, Amendment, Assignment. Neither this Agreement, nor the obligations of either party hereto, nor the right to receive water service hereunder, may be amended or assigned without the written consent of the parties hereto. 33. Entire Agreement. Except as otherwise provided herein, this Agreement, including its Addenda and Exhibits, supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement among the parties governing the matters provided for herein. 34. Interpretation. Neither the titles to this Agreement nor the recitals appearing prior to paragraph 1 of this Agreement shall be used to alter the meaning of this Agreement and in the event of a conflict, the terms and conditions of the numbered paragraphs shall govern. 35. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Project, the Subject Property, or any portion of either shall be subject to this Agreement as provided herein. This Agreement and the Addenda hereto (but not the Exhibits, which are lengthy, illustrative and technical in nature) shall be recorded with the Pitkin County Clerk and Recorder, and shall impose covenants running with the land upon all of the Subject Property. Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained herein. 36. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 37. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 38. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. ATTEST: THE CITY OF ASPEN, C:OLORADO A Municipal Corporation and Home Rule City By: By:V'5' City Clerk Mayot !ANX-HOH.003 81193 B-780 P-Zt3a 05/09/95 @r :581;' Pb 69 DF 84 CITY OF ASPEN - WATER SERVICE AGREEMENT WILLIAMS RANCH SUBDIVISION & SILVERLODE SUBDIVISION APPROVED TO FORM: ? Aspen City Attorney DEVELOPER: WILLIAMS RANCH JOINT VENTURE a Color eneral Partnership By: John el, President Ma 'VeTV, Inc. corporate general partner !ANX-HOH.003 10 381193 B--7,90 P-439 05/09/95 P'G 70 OF 84 QUIT CLAIM DEED FOR WATER RIGHTS THIS DEED, made this 3tc6ay of April 1.995, between Williams Ranch Joint Venture, a Colorado general partnership, whose address is 3214 Campanil Drive, Santa Barbara, California 93109 ("GRANTOR") and The City of Aspen, whose address is: c/o Water Department 130 South Galena Street, Aspen, Colorado 81611, ("GRANTEE"); WITNESSETH, That the GRANTOR, for and in consideration of the sum of ($10.00) TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the GRANTEE, its successors and assigns, forever, all right, title, interest, claim and demand which the GRANTOR has in and to the below described real property, situate, lying and being in the City of Aspen, Pitkin County, Colorado, described as follows: any and all water rights of the Grantor, in and to the real property described as the SilverLode - Williams Ranch Parcel of the Smuggler Mine Subdivision, according to the Plat thereof, recorded on 15 of March 1995, in Plat Book 36 at Page 77, consisting of 12.774 acres, more or less. TO HAVE AND TO HOLD the same, together with all and singular and appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the GRANTEE, its and assigns forever. IN WITNESS WHEREOF, The GRANTOR has executed this deed on the date set forth above. Williams Ranch Joint Venture a CPdapartnership by: esident Maging general partner State of Colorado ) )ss. County of Pitkin ) The fore oing Quit Claim Deed for Water Rights was executed and acknowledged before me this day of April, 1995 by John D. Markel, as president of Mark IV, Inc., managing general partner of the Williams Ranch Joint Venture, a Colorado general partnership. Witness my hand and official seal. My commission expires: •51-7-91, C T A h Z, 1Z41 9-'D6C"0H-QM.00I o'- 381 193 B--780 F'--440 05 / 09 / 9 5 02: 58P PG 71 OF 84 GENERAL WARRANTY DEED e THIS DEED, is made this _ day of March 1995, between the WILLIAMS RANCH JOINT VENTURE, a Colorado General Partnership, whose legal address is clo MARK IV, Inc., 3214 Campanil Drive, Santa Barbara, California 93109, ("Grantor") and the City of Aspen, a Colorado Municipal corporation, ("Grantee"): NVITNESSETH, That the Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, that parcel of real property together with improvements, if any, situate, lying and being in the City of Aspen, Pitkin County, Colorado described on the Final Plat of the Williams Ranch Subdivision, recorded on _ March 1995 in Plat Book S1 at Page 3, as Lot """. May ii TOGETHER, with all and singular the hereitaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE, AND TO HOLD, the premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its suceessors, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect., absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature soever, and expressly subordinant and subject to that certain deed of trust to secure the Grantor's construction loan to Alpine Bank of Aspen which was recorded on _ March 1995 as Reception No. in Book at Page . This conveyance is further subject to the following liens and encumbrances: The general taxes for 1995 payable in 1996. The right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States patent recorded December 22, 1909, in Book 136 at Page 365, recorded May 20, 1949 in Book 175 at Page 162, and recorded December 24, 1902 in Book 55 at Page 116. The right of way for ditches or canals constructed by the authority of the United States as reserved in United States patent recorded November 22, 1910, in Book 136 at Page 373, and recorded December 24, 1902 in Book 55 at Page 116. The effect of rights of way for roads, ditches, tunnels, drainage and the rights of the public, if any, to use the same, including, but not limited to the Salvation Ditch. The perpetual right of way and easements to extend or drive levels or tunnels through the subject property as set forth an reserved in deed recorded March 30, 1895 in Book 131 at Page 425. The easement for Smuggler Mountain Tunnel and tunnel site as set forth in instrument recorded July 9, 1889 in Book 68 at Page 404. The terms, conditions, provisions and obligations as contained in Agreements recorded August 30, 1988 in Book 572 at Page 70 and recorded August 30, 1988 in Book 572 at Page 72. The terms, conditions, provisions, obligations and easements as contained in instrument recorded January 25, 1985 in Book 480 at Page 494 and recorded April 2, 1986 in Book 508 at Page 312. F:UAM\W RJ V-C OA.G W D 381 19.:3 B3 780 P--441 GENERAL WARRANTY DEED 0 /09/93 0"70:58P f?G % 03F fly► Grantor: WILLIAMS RANCH JOINT VENTURE Grantee: THE CITY OF ASPEN Legal: Lot ***, Williams Ranch Subdivision The easement and right of way for overhead utility lines as constructed and in place as set forth on the survey prepared by Banner Associates, Inc., dated July 27, 1994. The terms, conditions, provisions, easements and rights of way as contained in instruments recorded April 24, 1974 in Book 268 at Page 415, recorded November 14, 1988 in Book 578 at Page 453, recorded November 17, 1988 in Book 578 at Page 774, recorded May 25, 1989 in Book 593 at Page 352, and re -recorded May 26,1989 in Book 593 at Page 429, and roads as constructed and in place, all as set forth on the survey prepared by Banner Associates, Inc., dated July 27, 1994. The terms, conditions, provisions, obligations and restrictions as contained in Ordinance No. 94-15 recorded June 27, 1994 in Book 754 at Page 194, and Resolution No. 94-110 recorded September 9, 1994 in Book 760 at Page 909. The terms, conditions, provisions, obligations and effects of partial consent decree recorded May 11, 1994 in Book 750 at Page 227, and any and all unrecorded instruments pertaining to case in the United States District Court for the District of Colorado entitled the United States of America (Plaintiff) vs, Smuggler -Durant Mining Corporation, et. al. (Defendants), and the State of Colorado (Plaintiff) vs. Maxxam, Inc., et al. (Defendants), Civil Action Numbers 89-C-1802 and 92-C-620. The terms, conditions, provisions, obligations and effects of the Annexation Agreement between the Williams Ranch Joint Venture and the City of Aspen dated _ March 1995 and recorded in the Pitkin County records in Book at Page The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. By: State of Colorado ) ss. County of Pitkin ) Williams Ranch Joint Venture, a Colorado General Partnership John D. Markel, President Mark IV, Inc. a Colorado corporation, managing general partner Tire foregoing General Warranty Deed was acknowledged before me this _ day of March 1995, by John D. Markel as President of Mark IV, Inc. the managing general partner of the Williams Ranch Joint Venture. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public rA1AKWRJV-00A.GWD ::81 193 B--780 r -44, W-5/09/95 02:: BP f`G 73 OF 84 WILLIAMS RANCH - CITY OF ASPEN ANNEXATION AGREEMENT EXHIBIT "Q" RESIDENT OCCUPIED CRITERIA FOR WILLIAMS RANCH: There shall be two (2) separate types of Resident Occupied ("RO") homes at the Williams Ranch. 1. Ten (10) of the RO single family homes will have income and asset limitations of $150,000 and $400,000 respectively' for purchasers. 2 Five (5) of the RO single family homes will have no income or asset limitations on their purchasers. 3. AlI fifteen (15) will be otherwise subject to the restrictions set forth from time to time by the Aspen/Pitkin Housing Authority for RO Category units. 4. In no event shall any owner of any RO single family home be required to move or sell their home as a result of any adjustment in income or asset restrictions revisions made by ASPEN or an increase in their income and assets subsequent to their purchase of any RO single family home. ' Subject to annual adjustment by the Aspen/Pitkin Housing Authority. IA"N-DOCSIANNEX.EXQ Ata 'too 44 "ZI Oak Mar. 7. 1995 2:58PM PRIM POSTEI, & PARMA No. 1419 P, 3/13 381193 B-730 1= V5�F' F Ll4 D- (]= E4 y nLL4MS RANCH — CITY OF ASPEN All CONSTRUCTION AGREEMENT Ale— 1 THIS AR CONSTRUCTION AGREEMENT ("Agreement") is entered into 140mil 1995, by and between Williams Ranch Joint Venture, a Colorado general partnership (,,WpjV"), as the successor in interest to Smuggler Consolidated Mines Corporation, a Colorado corporation ("SCMC"), and the City of Aspen, a Colorado municipal corporation („Aspen"). RECIIAL : A. WHEREAS, SCMC submitted an application to Aspen requesting approval which of the development of certain property known as the ,wifliarns Ranch Property, development consists of 35 deed restricted affordable housing units ("Affordable Housing Units"), 15 free market lots ("Free Market Lots"), Plan Unit Development, Subdivision, Rezoning, GMQS Exemption, Annexation, 8040 Greenline Review and special review ("Development Application"); B. WHEREAS, the Williams Ranch Property is located immediately adjacent to Aspen in the AF-1 zone district of Pitkin County; C. WHEREAS, SCMC also filed with Aspen a Petition for Annexation to annex the Williams Ranch Property to Aspen ("Annexation Petition"); D. WHEREAS, as set forth in Aspen Ordinance No. 52 (Series of 1994), which was finally adopted, passed and approved by Aspen on November 14, 1994 ("Ordinance No. 52"), Aspen approved the Development Application; E. WHEREAS, SCMC has assigned its entire right, title and interest in and to the Development Application and the Annexation Petition to WRJV; F, WHEREAS, Aspen's approval of the Development Application is subject to (i) adoption by the Aspen City Council of an Annexation Ordinance annexing the Williams Ranch Property to Aspen; (ii) the terms and conditions of an Annexation Agreement to be entered into by the applicant and Aspen ("Annexation Agreement"); and (iii) the terms and conditions set forth in Ordinance No. 52; G. WHEREAS, pursuant to the terms and conditions of the Annexation Agreement, WR1V must enter into this Agreement to secure its performance of certain obligations as set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the f rec receipt and sufficiency of which is hereby acknowledged, WR3V and Aspen hereby agree as 0c...113473-3\1h-4aest...1 nJ3-&952:91pm " 1 Mar. ?, 1995 2:58PM PRICE POST.EL & PAQMA No, 1419 P, 4/13 E31193 E1-760 P-444 01. /�19/c)5 02: `iFst=F'( -75 OF 84 I, OBLICTATIONS OF . WRJV, at its sole cost, agrees to perform and complete the following obligations ("WRJV Obligations"): 1.1 Consbructiop Schedule. WRJV shall construct the Affordable Housing Units in accordance with the following schedule: 1,1.1 The construction of the Affordable Housing Units shall commence within two (2) years after the date the Final Planned Unit Development and Subdivision Plat for the Williams Ranch Property, as shown on Exhibit "C" to the Annexation Agreement ("Final Plat"), is recorded; L 1.2 The construction of eighteen (18) of the Affordable Housing Units shall be completed within four (4) years after the date the Final Plat is recorded; and 1,1.3 The construction of all of the Affordable Housing Units shall be completed within six (6) years after the date the Final Plat is recorded. 1,2 La :aping Pl. WRJV shall landscape the Williams Ranch Property in accordance with the Final Landscape Plan attached to the Annexation Agreement as Exhibit "I," which landscaping shall be installed not later than the first planting season for the type of plants involved following the construction of all of the Affordable Housing Units; 1.3 Public Improvements. WRJV shall construct all roads, hydrants, sidewalks, traits, water lines, sewer lines and common areas set forth on the Final PUD Development Plan, as shown on Exhibit G to the Annexation Agreement ("Final PUD Plan"). 1.4 Parking. WRJV shall construct all parking spaces as shown on the 'Final PUD Plan as parking for the Affordable Housing Units. 1.5 Site Grading ana d DMinage. WRJV shall perform the necessary work to complete the Grading and Drainage Plan, as shown on Exhibit "H" to the Annexation Agreement. 1.6 Park Deyeloprncnt Impact Fee. Subject to a credit being provided to WRJV. as described below, WRJV shall pay Aspen a park development impact fee of One Hundred Fifty Seven Thousand Three Hundred Sixty Dollars ($157,360.00) ("Park Development Impact Fee"), 1.6.1 WRJV shall be given a credit equal to the Park Development Impact Fee when it performs the remediation work necessary to prepare the Mollie Gibson Lode site (owned by PlWn County) for a public park ("Mollie Gibson Park"), pays all on -site costs to complete the EPA required work necessary to remediate soils located within the Mollie lye...1i3473-3Wtconn...luo�3.b-9SI:31pm - 2 mar. 1, 19°5 2.59PM P°IGE ?OSTE? & PARKA No. 1419 P. 5/13 ?�81 193 B- 60 F,._.G.45 PG 76 OF 3 + all improvements required by the Aspen Parks Department, as set Gibson Park and completese reasonable best forth in the following Section 1.6.2. WRJV it Gibson Park dedicating such property o public Pitkin County a deed of dedication to the Moll park purposes. 1.6.2 WRJV shall provide documentation to Aspen of the amount expended to remediate the Mollie Gibson Park, which amount shall specifically include all remediation and other work required by the EPA and any landscape and planting and any nditures for park amenities such as picnic tables, swing sets, or similar amenities additional expe artment. The specific amenities shall be based requested by the director of the Aspen Parks Department, subject fi input from neighborhood upon the recommendations of the Aspen meetings. 1,7 Off -'ire IrS� e yVRJV shall pay Aspen One Hundred Fifty Thousand Thousand Dollars ($100,000.04) to address and mitigate Off-site pjV traffic Sold either' eighteen (18) of Dollars ($50,000) of which shall be paid to Aspen the Affordable Housing Units or five {5) of the Free Market Lots, whichever shall first occur, and the remaining Fifty Thousand Dollars ($50,000) of fts which shall b of�the Free afte M has � sol� either twenty six (26) of the Affordable Housing whichever shall first occur. ��, mpact Fee_. WRJV shall pay to RFTA a public 1.8 mitigate acts transportation impact fee in the amount of Six Thousand Dollars ($6,� aid to WRJV sold of increase public transportation ridership, which amount shall be p either twenty six (26) of the Affordable Housing Units or ten (10) of the Free Market Lots, whichever shall fast occur. wgJV shall pay to Aspen, for the benefit of 1.9 &hool Irnva� and Dollars ($15,000.00) to mitigate the the Aspen School District, the sum of Fifteen 'Thousfrom the Project, which amount impacts of the projected increase school enrollment resulting Units. shall be paid after WR1V has sold all of the Affordable Housing 2. _QgyE �—WRN- 2.1 Proiect Fes. . Alpine Bank will provide re loam the other the construction of the Affordable Housing Units and to enable WRN will be secured Alpine Ba�'s loan to WR1V obligations included within the WRJV Obligations. Alp by a first priority deed of trust which covers the 35 deed restricted lots and ten (10) of the Free Market Lots ("Alpine Bank First Deed of Trust"). Alpine Bank will also have a second priority et Lots {"Alpine Ban Ma"h of the Free Market Second Deed of Trust") i deed of trust on five (5) purchase money deed of trust (Smuggler -Durant purchase are covered by the first priority p Corporation ("Smuggler -Durant"). Money Deed of Trust") given to Smuggler -Durant Minim (jC...113473-31Ih--ccnsL..1&Mi3-&952�31}N6 r Apr. 3.1995 9:24AM PRICE POSTEL & PARMA No.1961 P. 2/2 �8119: B-780 P" 446 05/09/9.5 OE':58P GAG 77 OF F94 2.2 Enginger and Qeneral Contractor. WRJV has entered into contracts with Baker Fallin Architects ("Salter Fallin"), Banner and Associates, Inc. ("Banner") and Vannice Enterprises, Inc. ("Vannice"). Baker Fallin will be the supervising architect for the project. Banner will provide civil engineering and surveying services to the project. Vannicc will serve as the general contractor for the project. 2.3 Construction_1,=. All construction loans provided by Alpine Bank will be controlled by and disbursed by Alpine Bank pursuant to its standard construction loan disbursal procedures, which will assure that such construction loan proceeds shall be paid only to those persons and entities which have provided services and supplies to the project, No portion of the construction loans will be paid to WRJV. 2.4 Affordable Ho sins Units Sales Pro=Xis. All proceeds from the sale of the Affordable Housing Units will be disbursed from the sales escrow directly to Alpine Bank. The sales proceeds disbursed to Alpine Bank will be used either to pay off the construction loans or to construct the remaining Affordable Housing Units and to otherwise complete the WRJV Obligations. No portion of the sales proceeds from the Affordable Housing Units will be paid to WRJV. 2.5 , All proceeds from the We of Free Market Lots will be disbursed from the sales escrow directly to Alpine Bank to obtain the release of the lot from the Alpine Bank First Deed of Trust. Any excess sales proceeds shall be retained by Alpine Bank to fund the performance of the WRJV Obligations. No portion of the sales proceeds will be paid to WRJV until (i) the WRJV Obligations are fully and completely performed to the reasonable satisfaction of Aspen; (ii) the Alpine Bank construction loans are paid in full; and (iii) the purchase money note secured by the Smuggler -Durant Purchase Money Deed of Trust is paid in full. 2.6 Asipeg as Attor mt-11I Fae1, WRJV hereby irrevocably appoints Aspen as its agent and attorney-infact for the limited purpose of requiring Alpine Bank to disburse proceeds from the sale of Free Market Lots and Affordable Housing Units only in accordance with provisions of Sections 2.4 and 2.5 of this Agreement. 3. . WRJV's performance of the WRW Obligations, as described in Section 1, and the covenants of WRJV, as described in Section 2 ("WRJV Covenants"), shall be secured as follows: 3.1 AS= Deed of Tntst. WRJV shall execute and deliver to Aspen a deed of trust which encumbers eight (8) of the Free Market Lots ("Aspen Deed of Trust"), which Free Market Lots shall have a value of not less than S3,500,000.00, as valued in the appraisal of the Free Market Lots which was prepared by Aspen Appraisal Group, Inc., dated October 1, 1994 (the "Appraisal"), The Aspen Deed of Trust shall be subordinate and junior only to the Smuggler -Durant Purchase Money Deed of Trust, the Alpine Bank First Deed of Trust and the Alpine Bank Second Deed of Trust, as the case may be. de...113473-31+h-Bona—tmm 1)-"52:31pm — 4 Mat, ?, 1995 2:59PIA PRICE ?0SiEL & POMIA �;t3119 3. L�--•7aO I=-447 v7�/�9/9'� ��:tC. 3P Qf: �4 I'C3 78 e10 1419 P, r/13 3.1.1 The Aspen Deed of Trust shall provide that one (1) or more Free Market Lots sball be released from the Aspen Deed of Trust upon of the eight (8) satisfaction of one (1) or more of the following terms and conditions: (a) WRN shall have the right to have one (1) or more of the encumbered Free Market Lots released from the Aspen Deed of Trust by substituting as collateral therefore the same number of the other ms TtreUts which are not then encumbered by the AspenDeed (b) After the sale of eight (8) Free Market Lots, WRTV , at its sole discretion, may substitute to place of the Aspen Deed of Dced to two (2) of the remaining Free Trust, a General W�an�' dited into Market Lots, which General Warranty Deed shall beepos Aspen and the Escrow described Nbelow for ance of rheand balancettoff thW� to secure WR's Performdeposit of the Obligations and the WRJV Covenants, Upon po General Warranty Deed into Fscrow, all of Deethe d o tiered Free Market hots shall be released from the Aspen (c) For each three (3) Affordable Housing Units for which certificates of occupancy are issued, together with substantial completion ° e (1) of the encumbered h one -eighth (118) increment of the WRJV Obligations, pen shall release on FTee Market Lots from the Aspen Deed of Trust; (d) Upon the sale of a Free Market Lot, such Free Market Lot shall be released from the Aspen Deed of Trust if all of the sales proceeds resulting from such sale are paid in accor- dance with Section 2.5 (Free Market lot Sales Proceeds) and no portion of such sales proceeds are paid to WR3V; or (e) Upon V IM,s complete performance of the WRJV Obligations, all of the encumbered Free Market Lots shall be released from the Aspen Deed of Trust; 3.1.2 Aspen agrees to release the Free Market Lots from the accordance with the terms and conditions of Section 3.1.1. To obtain Aspen Deed of Trust in a written request ("Release Request") to the release of a Free Market Lot, WRJv shall provide Aspen which: (a) identifies the Free Market Lot to be released; —5. gc... %13473-3\Akksom1...1tm 13b932,.31pm Mar. ?, 199'J 3:OOPM P1?IGE POSTEi. & PARYA No. 1419 P. 9/13 '381193 B-780 F=— +48 Nr/o9/9G; O'C_.:58P FIG 79 OF 84 (b) identifies which condition set forth in Section 3.1.1 the request is based upon ("Release Condition'); and (c) includes proof to the reasonable satisfaction of Aspen that the Release Condition has been or will be satisfied. 3.1.3 Upon receipt of a Release Request, the Aspen City Attorney will promptly and in good faith review such request and determine if the Release Condition has been or will be satisfied. Within ten (10) business days after such receipt, Aspen shall inform WRJV in writing that (a) the release will be granted, or (b) if the release will not be granted, the reasons why it will not be granted, If the release will be granted, Aspen shall execute and deliver to the Escrow Holder and the public trustee under the Aspen Deed of Trust such documents as may reasonably be required to release the Free Market Lot from the Aspen Deed of Trust ("Release Documents"), which Release Documents shaII be delivered by Aspen upon such terms and conditions are may be reasonably necessary to insure Aspen that the Release Condition will be satisfied. 3.2 _'�nera.l Waff r e¢4- Aspen and WRJV shall also establish an escrow ("Escrow") at Land Title Guarantee Company ("Escrow Holder"), 533 E. Hopkins Street, Suite No, 102, Aspen, Colorado, WRJV shalt deposit into the Escrow one (1) general warranty deed for each of the lots upon which the Affordable Housing Units shall be constructed ("Affordable Housing Lots"), or a total of thirty-five (35) general warranty deeds ("General Warranty Deeds"), and if applicable, the General Warrant' Deed described in Section 3.1.1(b) above ("Free Market Lots General Warranty Deed"). Each General Warranty Deed shall provide for the conveyance of the Affordable Housing Lot described therein to Aspen, and each General Warranty Deed shall contain an exception for the Alpine Bank Deed of Tst. Theo F� Market Lots General Warranty Deed, as described in Section 3.1.1(b), shall provide conveyance of two (2) Free Market Lots to Aspen. The purpose of the General Warranty Deeds and the Free Market Lots General Warranty Deed is to secure WRJV's performance of the WRJV Obligations and the WRJV Covenants. 3.2.1 WRJV and Aspen shall execute and deliver escrow instructions to the Escrow Holder which provide as follows: (a) WRJV shall deliver the General Warranty Deeds to the Escrow Holder who will hold the General Warranty Deeds subject to the terms and conditions of the escrow instructions. (b) The Escrow Holder shall not record the General Warranty Deeds or the Free Market Lots General Warranty Deed unless and until it has received from Aspen a written notice that WRJV has defaulted in the performance of the WRJV Obligations or the WRJV Covenants. The default notice shall specify the manner in which WRJV has defaulted. Promptly after the Escrow Ic... 113473-31ah-eoest...limi 3-&952:31pm V Mar, 7, 1995 3 : OOPM PRICE POSTEL & PAW No. 1419 P. 9/13 :381.1.93 B-•-780 P--449 05/09/95 I-'G 80 01= 84 Holder's receipt of Aspen's default notice, it shall forward a copy of the default notice to WRiV. WRJV shall have ten (10) business days to forward a written reply to the Escrow Holder which shall contain one (1) of the following two (2) responses: (i) WRJV agrees that it has defaulted in the performance of the WRIV Obligations or the WRJV Covenants, in which event, the Escrow Holder shall record the General Warranty Deeds and the Free Market Lots General Warranty Deed; a (ii) WRW denies that it has defaulted in the performance of the WRIV Obligations or the WRJV Covenants, in which event the Escrow Holder shall not record the General Warranty Deeds anFree Market Lots General Warranty Deed and Aspen and shall each have the right to have the dispute resolved by arbitra- tion under the American Arbitration Association's then current rules for commercial arbitration. The arbitration hearing shall take place in the City of Aspen within sixty (60) days after the date of delivery of WRJV's response to Aspen's notice of default. Before arbitration commences, each party shall pay the American Arbitration Association one-half of the expected cost of the arbitration proceeding. At the conclusion of the arbitration proceeding, the arbitrator shall award to the prevailing party all of its arbitration costs and its attorneys' fees and costs, which shall be paid by the losing party. 3.2.2 The escrow instructions shall direct the Escrow Holder to deliver to WM the deposited General Warranty Deed for each Affordable Housing Unit for which a Certificate of Occupancy bas been issued to allow WRJV to sells such unit. 3.2.3 Upon WRJV's performance of all of the WRIV Obligations to the reasonable satisfaction of Aspen, Aspen, within• ten (10) business days of being requested to do so, shall instruct the Escrow Holder to return to WRJV each General Warranty Deed and the Free Market Lots General Warranty Deed which remains in Escrow at that time. 1 1 112511 4.1 WRIV Obl_i>zations. WRJV shall be in default of its WRJV Obligations upon the occurrence of any of the following events: gc...\I3473.3\%h-:0mt...t&mj 3.69S2:3Ipm r' Mar, 7. 1995 3:00PM PRICE POSTEL & rAK'A No, 1419 P, 10/13 3131193 B• 780 P- 4-50 05/09/95 0,�':58P PG 81 OF 84 4.1.1 Failure to Pay. If WRJV fails to pay any amount set forth in Sections 1.7 (off -Site Impact Fee), 1.8 (RFTA Impact Fee) or 1.9 (School Impact Fee) when due and such failure continues for ten (10) business days after written notice has been given to VMV by Aspen; 4.1.2 Failure to perforM Obligation. If WRJV fails to perform when due any non -monetary obligation included within the WRJV Obligations (i.e., Sections 1.1 (Construction Schedule), 1.2 (Landscaping Plan), 1.3 (Public Improvements), 1.4 (Parking), 1.5 (Site Grading and Drainage) and 1.6 (Park Development Impact Fee)) when due and such failure continues for thirty (30) days after written notice has been given to WRJV by Aspen; provided, however, if the nature of the obligation is such that the same cannot reasonably be performed within such 30-day period, WRJV shall not be deemed to be in default if WRJV, within such 30-{lay period, commences to perform such obligation and thereafter diligently and in good faith continues to perform such obligation until the performance thereof is completed, 4.2 V ove WRJV shall be in default of its WRJV Covenants if WRJV fails to perform as agreed in Section 2 (Covenants of WRJV) and such failure continues for thirty (30) days after written notice has been given to WRJV by Aspen; provided, however, if the nature of the obligation is such that the same cannot reasonably be performed within such 30-day period, WRJV shall not be deemed to be in default if WRW, within such 30-day period, co e � �to perform such obligation and obligation until she performance thereafter thereof isdiligently in good faith continues to perform 5. REMEDIES, If WRTV is in default in the performance of the WFJV Obligations or the WRJV Covenants, Aspen may exercise any right or remedy it has under the Deed of Trust, the Escrow Instructions, this Agreement or which may otherwise be available at law or in equity and all of Aspen's rights and remedies will be cumulative. 6. AWN APPRQVAU. At appropriate times during the performance of the WR1V Obligations, WRJV will notify Aspen in writing that such obligation has been completed and request Aspen to approve the work so performed ("Approval Request"). Aspen agrees to promptly and in good faith proceed to review such work within five (5) business days of receipt WRJV's Approval Request and thereafter to promptly notify V;M if such work is approved or not approved. If such work is not approved, Aspen will specify the reasons why fails to notify WRJV within thirty (30) days after its . the work was not approved. If Aspen fy receipt of WRJV's Approval Request, such work shall be deemed approved, 7.1 No4ces. All notices, requests, demands, and other communications required to or permitted to be given under this Agreement shall be in writing and shall be or three (1) conclusively deemed to have been duly given when hand the 1uted Saes Mato a i ls, from within the business days after the same have been deposited to r registered mail, return receipt requested, postage continental United States, as certified o tyc... \l3473 3\ahtonst.Awnj3-6-95231pm Mar. 7, 1995 3:01FM PRICE POSTEL & PARMA No. 1419 P. 11/13 .:381193 8-780 P--451 0 /09/9'5- 02:58P F='O 82' OF 84 prepaid and addressed to the Parties as set forth below; or the second business day after the same has been deposited with a national overnight delivery service reasonably approved by the parties (Federal Express and UPS being deemed approved by the parties), costs prepaid, addressed to the parties as set forth below with second -business -clay delivery guaranteed: If to Joint Venture: Williams Ranch Joint Venture 3214 Campanil Drive Santa Barbara, California 93109 With a copy to: Gary A. Wright, Esq. Wright & Adger 201 North Mill Street, Suite 106 Aspen, Colorado 81611 If to Aspen: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 With a copy to: Aspen City Attorney 130 South Galena Street Aspen, Colorado 81611 7.2Ii�:�_ f A dress. Any party may change an address set forth in this Agreement by compliance with the notice provisions contained in Section 5.1 Notice, above. 7.3 hUgUlignThis Agreement, the Williams Ranch - City of Aspen Anncxatiou Agreement, City of Aspen Ordinance No. 52 (Series of 1994), and all exhibits and addenda to said agreements and ordinance shall constitute a single integrated agreement. 7.4 Sever '_kW . If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the all parties agree that the invalidity or unenforecability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement. 7.5 &me ximents and M2 fic4tions. No change or modification of the Terms or provisions of this Agreement shall be deemed valid unless in wilting and signed by all parties. 7.6 Choice of Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of Colorado, regardless of such state's choice - of -law principles. Jurisdiction and venue are deemed proper solely in the District Court for Pithn County, Colorado. 0- A 13473-312b-00%t..11m j 34-95T:31pm x Mar. 7.1995 3:01PM PRICE POSTEL & PARMA No.1419 P. 12/13 �;L�:119? —7P� r -4 �h:: / 9/�a5 a'�t....58F' F='G Fsu C?F �t4 7.7 Att�S, Feet. in the event of any controversy, claim or dispute between the parties to this Agreement, &rising out of or in any manner relating to this Agreement, the prevailing party in any such action or proceeding, as determined by the court or by an arbitrator in case of arbitration, shall be entitled to recover its reasonable attorney fees, and costs. The parries shall execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. IN WITNESS V41EREOP, each party has executed this Agreement as of the date first set forth above. Williams Ranch Joint Venture, a Colorado general partnership City Clork :'thryn S. Kx%� I de ... NJ 3473-jUh.aonaL..bM 13-&952:31pm By: Mark IV, Inc., a Colorado corporation By: -10- John s. Bennett, Mayor Mar, 7. 1995 3:01PM PRICE POSTEL & PAR11A 31131 193 13-780 P -453 05/09 /95 Q)2. 53P PIG 84 OF." 84 No.1419 P. 13/13 State of Colorado ) )ss• County of Pitkin ) The foregoing AH Construction Agreement was executed and acknowledged day ��- �, 1995, by John S. Ben=tt as Mayor of the '� before me this y o Aspen, Colorado. � City of ` Witness my hand and official seal. y C. T1,� My commission expires: _ �` '�` �-•�r ��. �rVPq�,a ll My COMMIWon OP'" public 1201997 Notary State of Colorado ) )55. County of.pitkin ) e foregoday of Al Construction Agreement was executed and acknowledged 1995, by John D. Markel as the President before me this for Mark IV, Inc., general p�ofWilliams re, a Colorado general Ranch Joint Venture, partnership. Chu Witness my hand and official sc41. pYA R Y' My commission cxpitcs:,6f - r mot• p �� G y . F Notary Public Uc...\i3473-3\abtotut...Iun�3.6-"2:31pm _ 1� t 1 WILLIIAMS R.-ANCH I n 1 I 1 WILLIAMS RANCH AFFORDABLE HOUSING DEVELOPMENT LAND USE REZONING APPLICATION Submitted to: The City of Aspen December 11, 1991 Submitted and Prepared by: WAW Joint Venture (303) 925-1961 John R. Wedum 11 December 1991 Ms. Kim Johnson, City Planner Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Williams Ranch Project/Annexation; Application for Affordable Housing (AH) Zone; and Text Amendments Dear Ms. Johnson: On behalf of the owner, Smuggler Durant Mining Corporation, I im submitting the Williams Ranch Land Use Rezoning Application. Attached are 'ourteen (14) copies of the application for review by the Planning Office ind referral agencies. The Williams Ranch Project is envisioned as an (AH) Affordable Housing development by the private sector which is responsive to c>mmunity and neighborhood concerns while providing thoughtful, deed restricted employee residences. The parcel has been identified as a future development site in both the ASPEN AREA COMMUNITY PLAN, aka Smuggler Durant, and as the Hymai Properties, Priority 1, in the AFFORDABLE HOUSING PRODUCTION PROGRAM, 1990-95 This preliminary proposal is based on 1) (AH) Affordable Housing Zone criteria; 2) 1990-95 Production Program; 3) 1990 Affordable Housin; Guidelines; and 4) experience gained from working with members of Common Grou;:d Co -Housing group regarding actual mix of income and occupancy levels. The 38 employee units, integrated within the total 54 unit project, should provice a range of housing opportunities for 96 employees and residents. Thank you for your assistance and guidance in the preparatioi of our Land Use Application. Should you have any questions, or if I can b� of further assistance, please contact me. Sincerely, John R. Wedum WAW WAW\JOHNS_RW.LTR 1Y1t11Q1[ilNi' 1 LAID 1SC APPLIC MCH - FUM 1) pLm jest Km w I (I 1 Q m S ...: •" do a 3) Present Zming ` 1� /%'�j p Cow I 4) lot Size s) j�noiicant s Naw. Awress & vim= if. (,d Q (.cJ Pcw- rr--s h ;n -ohn UA-C)un�, Wcdum -�, �,oe, AP-ck �'� C Qr, A'` 30 3v a s - 969 6) I t-1tive's Name, A drem & 14xm r\ UUr- nI (A m SaCicc Arch 1 1ec4-s a/6 i�,,mcn %�5►�c'n (3n3) �s:� %� ?) Type of A1-pli.cation. (please dwxk all that- apply) : Cmditioca 1 Use Special TVIew 8040 Groenline • StCem M r. gin Mountain View Plane Ocnocptual SPA Final SPA Oxxx-�Pw I'lina7 PiD Subdivision ardaminix=ization X Text/Map Amc rawnL Lot Split./Let Lire CK�S O nptian Vested Rights Adjustmcut 8) Dmxxi�cn of E�dsUM Uses (cumber and type of exist.:ing slmctames; appr+oatimate sq. ft. ; rumber of bedroom; any previom approvals granted to the piropaz ty) 9) ipt:; can of DcvelvpucnL- A14-A ic,-ation on Cn -z YIIn44o 4 45 i /Or-c-,Cc sinQ -CcKnAj1Li � e Cana 3v C rn�T loye.e. de CCJ r'rsV-r-\cAe_j •-�o(-ynhouses. 10) Ilay- ya c att xixxl the following? �VV Rxponse to Attadmnmt 2, Minim= S .'-x ,ion Contents Rc _ ponce to AttadrmenL 3, Specific SulmussIm Contents Wfponse to AtGadmant: 4, Review Standards for Your Application !•ill I P. a FLnal Ildstomic • Dev. 2i n= historic Derr. I Alpine Survey Job # 91-77 IWILLIAMS RANCH ANNEXATION LEGAL DESCRIPTION A tract of Land situated in the Northwest Quarter of the Southeast Quarter of ;3ection 7, Township 10 South, Range 84 West cf the sixth principal meridian, being a portion of those lands patented by J.R. Williams or. October 28,1902, Pitkin County, Colorado,more fully described as follows: Beginning at a point on the East-West centerline of said Section 7 and also on the Della S Compromise Line whence tho center of said section 7, a B.L.M. brass cap dated 1978, bears N 88 53' 06" W 311.35 feat; Thence S 88'53' 06" E 650.29 feet along said centerline; Thence S 33'57' 00" E. 551.15 feet to the intersection with the West line of U. S. Mineral Survey No. 7883 AM. Pride of Aspen,identical with the North -South 1/16 line of the Southeast Quarter of said section 7; Thence 500°011 54" E 510.63 feet along said West Line and then along said 1/16 line; Thence 5504L' 35" W 238.92 feet to the intersection wit�i the Della S. Compromise Line; Thence N 34'18' 25" W 1350.00 feet along said comprom.Lse line to the point of beginning; Containing 12,683 acres, more or less I !1PAI3L1; OF COU'.Pl;IJ',CS P ,LgTc,, number 1?reface 1.0 TNTRC DUCTxorr 2 2.0 PLANT TNG GOAL:.; AUD OBJE01'IVES 3 3.0 EXISR TIrrG COtTDI`1':Loris 4 . 0 DEV T OPMLN`,I' PLAIT 7 5. 0 LAND (7Sh T rLJqj 10 6.0 PLANT ED UNIT DEVELOPMEN_I:' (PUI)) OVl::IZLAY 15 7. 0 IMPLT R N`I.'ATTOIT 1G LIST OF EXHIBITS EXHIBIT TITLE Request for Annexation (and AIi Zoning) Proof of Ovnership (Title Policy) Geological Report Engineering Soils Report Agreement Eor Access and Slope Easement Spruce Straet Road and Utility Easement Sanitation District Letter Pre Application Conference Summary ENKM A B C D E F G. H LIST OF 'J'ABLES Number `C<ih7.e Title l Vacant and Underbui.lt- Parcels __n the Aspen Area (Aspen Area Community Plan) 2 Summary of Residential. and Lc,dcic Unit Growth Po ten Lia.l in PTPA' s (Aspen Area Community Plan) 3 Dimensional Requirements 4 DCVe].o]�lllenL. Data LIST OF FIGURES NUMBER FIGURE TITLE 1 Location Map 2 Likely Residential and Lodge Buildout 3 City of Aspen Zoning Patterns 4 City of Aspen Existing Land Use Patterns 5 Site Plan 6 Community Facilities in City of Aspen 7 Community Facilities in Pitkin County 8 RFTA Map 9 Existing County Zoning Map 10 Proposed Zoning Map PREFACE This application is submitted by WAW, applicant, a local joint. venture, on behalf of the Smuggler Durant Mining Corporation, owner of the Williams Ranch. The applicant is concurrently submitting a Petition for Annexation for approximately thirteen acres of the Williams Ranch property which is contiguous to the city limits. The applicant requests that the City of Aspen grant land use approval necessary to rezone the Williams Ranch parcel to the Affordable Housing Zone (AH). The tentative development plan is for: 13, cne-third acre single family lots; 4, resident occupied lots; 3, large single family lots; and, 34, employee deed restricted units. This application, submitted in conjunction with the Petition for Annexation, is pursuant to Section 5-206.2, Affordable Housing (AH), Chap:er 24, Land Use Regulations of the Aspen Municipal code. The specific land use requests are: * Amendment to the Official Zone District Map, Annexation; and Rezoning Approval to Affordable Housing (AH) from County R-15/PUD (Section 7-1102) * Text Amendment to Section 5-206.2 Affordable Housing (AH) . * Text Amendment to Section 8-104, Exemptions. The land use application is divided into seven (7) sections: 1.0 Introduction 2.0 Planning Goals and Objectives 3.0 Existing Conditions 4.0 Development Plan 5.0 Land Use Requirements 6.0 Planned Unit Development (PUD) Overlay 7.0 Implementation Plan 1 See: Exhibit "A" and Exhibit "B". WILLIAMS RANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION Within tha application, figures (maps/plans) and tables are provided to supplement the text. Pertinent documents are referenced as exhibits and contained in the Appendix. 1.0 INTRCDUCTION The hilliams Ranch Project is envisioned as a private sector development which is responsive to community and neighborhood concerns, while providing thoughtful employee units. The creation of 3 larger, single-family lots on the northern boundary cf the property serve as a buffer to the existing homes in the area. This portion of the plan is the result of input from the neighborirg property owners. The plan also includes 4, resident occupied =.ots interspersed among 13, one-third acre free market lots. The P.ulti-family portion of the development plan is based on a townhomE design and will create a transitional zone between the multi -family Centennial project and the proposed single family homes. Through sensitive site planning and design it is hoped that the Williams Ranch Development will make a significant contribution toward aciiieving the goals of the City and County: to create a housing ervironment which is disbursed, appropriately scaled to the neighborhoods and affordable. 1.1 PROJECT LOCATION The Villiams Ranch Parcel is located at the base of Smuggler Mountain, adjoining the City Limits of Aspen and directly behind the Centennial Housing Project.2 2.0 PLANIIING GOALS AND OBJECTIVES The clan for the William's Ranch Parcel is designed to be consisten-: with the adopted goals and objectives included within the Asper. Area Comprehensive Plan and the adopted Affordable Housing Production Program. This section discusses the relationship between the William's Ranch development proposal and the Comprehen:live Plan and the Housing Production Program. 2 SEe: Figure 1.1, Location Map. 2 WILLIAMS RANCH LAND USE APPLICATION ANNEXATION. RE -ZONING & SUBDIVISION 2.1 RELAT"ONSHIP TO ASPEN AREA COMPREHENSIVE PLAN The Aspen Area Comprehensive Plan is divided into various elements, each of which has its own vision or goal. The vision statements relevant to the Williams Ranch project are listed below in bold type, and the planning method used to comply with the goal is describ 2d. ** Housir;g: Create a housing environment which is dispersed, appropriately scaled to the neighborhood and affordable. The Williams Ranch Site allows for a mix of housing types and ownership opportunities which fit in well with the surrounding neighborhood. This site has been identified in the Comprehensive Plan as a likely site for growth. The Williams Ranch is also discussed in the current Aspen Area Community Plan, referred to in the report as the Smuggler/Durant property. The The development is being designed with current development patterns in mind, allowing for a smooth transition from multi -family, to single family lots, to natural open space. ** Character: The community should collectively address and resolve it3 issues and problems by considering the interests of all its citizens. Affordable Housing continues to be an important local issue. By utilizing the Affordable Housing Zone created by the City, the developer proposes a development which will successfully integrate free market and resident occupied lots with a range of deed restricted townhomes. This type of development, having residents of varied income levels living in the same neighborhood, is characteristic of Aspen. The ceveloper has already held one neighborhood meeting and will hold additional meetings to encourage the Spruce Street and Smuggler area residents to give input during the planning process and to follow the progress of the project. ** Transportation: Create a creative non -auto oriented public, mass tran.3portation system which integrates pedestrian and bike trail system with community facilities and services. 3 See: Table 1. 3 WILLIAMS FANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION The Villiams Ranch development is in close proximity to the Centennial Project and near the established Hunter Creek transit route. Tae developer is working with the Trail Association to design a trail easement that will link the development to the existing retwork of pedestrian and bicycle trails. ** Balanced and Managed Growth: Encourage land uses, businesses, and event: which serve both the local community and tourist base. The •3rowth Management Plan was established to insure that component:; of community growth are mutually balanced. Even with this "system balance" in place, the community has become imbalanced and fragmented as many local employees are excluded from Aspen's neighborhoods. The Affordable Housing Zone (AH) allows for a proportional mix of free market and deed restricted units. This will faci:_itate some local families to "buy -back -into" the Aspen community, and permit them to live in a diverse and dynamic neighborhood. 2.2 RELA`,IIONSHIP TO THE AFFORDABLE HOUSING PRODUCTION PLAN The ?.ffordable Housing Production Plan is intended to be used as a tool by elected City and County officials to guide housing decisions through 1995. The production plan targets the Williams Ranch Sit,; (referred to as the Hyman Properties in the plan) as a Priority I site for future housing. The Affordable Housing Production Plan has identified an 800 unit target over the next five year3, if growth continues in the area. In this production plan the private sector is responsible for developing 115 units. The Williams Ranch proposal will produce approximately 38 units, (22, deed restricted townhomes; 12, resident occupied townhomes, and 4, re:3ident occupied lots) or approximately one-third of this goal. 3.0 EXISTING CONDITIONS The Williams Ranch was formerly agricultural lands. It currently exists as open space of undisturbed soil to the north of the Smugcler-Durant mine. It is an alluvial deposit formation. There is an old dirt road traversing the easterly property line which runs into the property approximately five hundred (500) feet.4 4 :ee: general observations contained in the Geological Report included as Exhibit "C" by Nicholas Lampiris, PhD. 4 WILLIAMS RANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION 3.1 NATURAL FACTORS The Pilliams Ranch site is a part of the original Williams Ranch. It is comprised of undisturbed soil except for the earth removal and replacement that occurred along the southwest boundary during the construction at Centennial to allow for,the parking lot. Vegetation is mainly sagebrush and wild grasses. Several groupings of aspen trees and native bushes occur randomly on the site. There are a few large boulders scattered throughout the parcel. All of these features will be incorporated into the final site plan whenever possible. There do not appear to be any specimen trees. CTL is preparing a soils report which will be included as a part of the Subdivision Application.5 Test hole borings have already been completed. 3.2 MAN ?ADE FACTORS Williams Ranch is located in Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado. The site contains approximately 554,450 square feet of land or 12.7 acres. The City of Aspen boundary forms the southwestern property line of the parcel. The land is currently within thc! jurisdiction of Pitkin County and zoned R-15/PUD. The Aspen Area Community Plan identifies the site as being within the Smuggler Pieighborhood, Area H.6 Centennial Condominiums adjoin the Williams Ranch and were recently annexed by the City of Aspen. Centennial is zoned (R/MF(A)) Residential Multi -Family and consists of 148 rental and 92 sale, amployee units. The Centennial Condominiums and deed - restricted units at Hunter Creek and Lone Pine are administered through t'ie Aspen/Pitkin County Housing Authority. It should be noted tha this area along with Hunter Creek and Lone Pine were annexed prior to the establishment of the AH Zone. The Villiams Ranch is currently undeveloped. Man-made features include tiie Salvation Ditch, an overhead power line servicing the Smuggler Mine, an old road cut, several footpaths, a drainage swale and re -contoured slopes along Centennial's Freesilver Court. The subterran,:an, Cowenhoven Tunnel transects the southern third of the site in ai east -west direction. 5 SE,e: Exhibit "D" for the Preliminary Report. 6 See: Table 2, Figure 2. 5 WILLIAMS RANCH LAND USE APPLICATION ANNEXATI01', RE -ZONING & SUBDIVISION A si;: foot wide easement exists along the property's easterly property line. There is no recorded easement pertaining to the Salvation Ditch. Several easements and agreements have been negotiate(' between Smuggler Durant Mining Corperation and Centennia: Partners Limited..? Smuggler Durant granted Centennial an 80-90 oot wide slope easement along its southwestern boundary for a lenc-th of 612 feet. The re -contoured slope is less than 30% gradient. In return, Centennial granted Smuggler access via Centennia.'s internal road system. Smuggler also has an easement to connec: into and use Centennial'-s existing water and sewer lines. The ''illihms Ranch is bounded by a variety of land uses and residenti<1 densities. The major concentration of development, Centennia. Condominiums, spans the length of the proper--y's western boundary. Centennial consists of 240 sale and rental, employee units in Iwo (2) and three (3) story, stacked -unit configurations. Single farily residences occur north of the parcel along the Spruce Street' exl ension. The lands to the east exist as undeveloped open space. Tle Smuggler Mine, which is in active operation, abuts the property t its southeastern corner. 3.3 SUMX.RY OF SITE FEATURES AND CONDITIONS The :ite features and conditions represent both opportunities and const-aints for development. These factors are summarized below. Opportuni•-.ies for Development: ** The ::ite has a variety of gentle topographic landforms along with an excellent southern exposure/solar orientation. ** The z rea is not impacted by natural hazards, (avalanches, rock slid,:s, flooding, etc.). There are no significant stands of vegetation, rare or endangered plants or wildlife habitat to impede development. ** The property is readily accessible via existing roadways. It is atso within walking distance to bus stops/ routes and down -.own. 7 Sce: Exhibit "E" Agreement for Access and Slope Easement and Exhib..t "P11 Spruce Street Easement. 11 WILLIAMS Ri.NCH LAND USE APPLICATION ANNEXATION IZE-ZONING & SUBDIVISION ** Utili-.ies are proximate with available capacity to serve the devel; )pment . ** The Snuggler neighborhood contains a variety of land uses, inten,iities of development and architectural styles. ** There are excellent views of Aspen, Aspen Mountain and the surroinding mountains. Constraint3 to Development: ** Variea topography and visibility from town will require caref-il planning to minimize development issues (buildings, roadways, parking areas, drainage etc.). ** Existing site features will be considered and integrated into the development plan (large boulders, irrigation ditch, stands of azDens, etc.) whenever feasible. **i Existing landfill areas should be removed or reused to accommodate future construction. ** Cowellzoven Tunnel and sub -surface remnant mining works wilt: need further investigation. ** Curr,�nt roadway and utility easements may need to be relocated to a,:commodate proposed development plans. ** Deve .opment alternatives are limited by adjacent land uses and exis-:ing structures. 4.0 DEVE :,OPMENT PLAN .The leveloper tentatively proposes to produce a mix of: 13, one-third acre single-family lots; 3, larger single family lots; 4, resident 3ccupied lots; and 34, employee townhomes. The townhome plan tentatively consists of; 12, 1 bedroom, Category 1 units; 10, 2 bedroom Category 2 units; 6, 3 bedroom, resident occupied units; and 6, 4 bedroom, resident occupied units. The applicant will continue to work with the Aspen/Pitkin County Hcising Authority to refine its development program. This will ensu -ethat the proposed residential units meet the demand and needs of Pitkin County employees. The Preliminary Site Plan° incorporates traditional planning concepts end places emphasis on integrating the proposed residences into the surrounding neighborhood and development patterns. D S e: Figure 3. 7 WILLIAMS R.XNCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION 4.1 WATER SYSTEM The City of Aspen can provide service to the project from its existing water lines servicing the Centennial Housing Project. The lines have adequate pressure and capacity to meet both domestic and fire protection needs of the project. 4.2 SEWAGE TREATMENT The I,spen Sanitation District has adequate capacity at the wastewater treatment facility and in the collection system to serve this project.9 4.3 DRAI2-AGE SYSTEM A drainage analysis will be prepared and submitted by a professioral engineer at detailed submission. 4.4 FIRE PROTECTION The :�ite is within the Aspen Fire Protection District. The design of the townhomes will be in compliance with the Uniform Building code standards. 4.5 DEVELOPMENT DATA Compliance with Section 5-206.2 Affordable Housing (AH) of the Municipal Code is shown in Table 3, Dimensional Requirements. Table 4, Development Data, summarizes the Preliminary Williams Ranch Development proposal. 4.6 TRAFPIC AND PARKING Acce:;s to the proposed project is via two routes. First, it is proposed --hat Spruce Street be used to the north and east for one route. The second proposed access is from Smuggler Mountain Road across Gibson Park via an easement to be acquired from Pitkin County. Additional access to the multi -family portion of the project w.11 be via Teal Court through the Centennial project. By 9 SEe: Exhibit G. E3 WILLIAMS RANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION use of var.1-ed access points, traffic impacts from this project will be distributed as opposed to concentrated at one point of ingress and egress. The parking spaces will be determined as part of the subdivisicn application in conjunction with Banner Associates, Inc. 4.7 AFFOFDABLE HOUSING The Williams Ranch Development proposal is in compliance with the Affordible Housing Zone guidelines, Aspen/Pitkin County Housing 1990 Guidelines and the 1990-95 Production Plan. A summary of the proposed project and its affordable housing components is detailed in Table 4. 4.8 STOVES AND FIREPLACES Gas fireplaces are proposed for the free market and resident occupied residences in the Williams Ranch development. The gas fireplaces: will be required to meet Clean Air Guidelines. The employee c.eed restricted units will not be equipped with heating stoves or fireplaces. 4.9 PROX3MITY TO PUBLIC FACILITIES AND SERVICES The Fublic Facilities Map10 illustrates the projects proximity to parks, schools, libraries, governmental offices. The project is well located with respect to retail and service outlets. It is close to an established bus route which provides ease of transportz.tion to the downtown area, as shown on the RFTA Route Map. 11 4.10 EFFECT ON ADJACENT LAND USES The project is bordered on the north by single family residence:; served by Spruce Street. The creation of three larger lots alone this portion of the site is the direct result of input from adjo.ning neighbors at a meeting which occurred in September 1991. 10 S��e: Figures 4 and 5. >> S,2e: Figure 6. 9 WILLIAMS FANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION On t!e western boundary of the project is the Centennial Housing Project. Centennial contains 240 units on 17 acres which equals 14.5 units/acre. The proposed employee townhomes total 32 units on acres, resulting in a density of about 11 units per acre. Thi; will create a transition between the larger, more dense Centennial complex and the single-family lots. The land use patterns and neighborhood character will be maintained and strengthered by this zone amendment.12 The density of the entire proposed development will be 4.25 units per acre. 4.11 CON£TRUCTION SCHEDULE Upon Successful annexation and rezoning, the developer will be able to articipate a construction schedule. 5.0 LAND USE REQUIREMENTS The lilliams Ranch Affordable Housing proposal is subject to a number of review requirements.13 This land 'use application specifica-ly addresses the following: * Map Amendment: Annexation; and Rezoning to Affordable Housing (AH), Section 7-1102. * Text Amendment: Section 5-206.2, Affordable Housing (AH). * Text Amendment: Section 8-104, Exemptions. The standards for review of text and map amendments are shown in bold type, with the method(s) of compliance detailed in the following text. Section 7••1102(A) Whether the proposed amendment is in conflict with any ;.pplicable portions of this chapter. The proposed development complies with applicable portions of the Asper, Municipal Code Land Use Regulations as demonstrated within th.s application. 12 S:e: Figures 7 and 8, Adjacent Land Use Maps. 13 S!e: Pre -application Conference Summary, Exhibit "H". 10 WILLIAMS FANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION Section 7-•1102(B) Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. As shown in detail by Section 2.1 of this submission, this development proposal is consistent with all elements of the Aspen Area Comprehensive Plan. Section 7--1102(C) Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use e-nd neighborhood characteristics. The Williams Ranch Development area is bordered on the north by single family home sites and on the west by the Centennial Housing Project (RMF).14 The proposed Affordable Housing (AH) Zone district along with a mix of single family and Multi -Family land use15 are compatible and characteristic of the existing neighboncc,od.16 Section 7-1102(D) The effect of the proposed amendment on traffic generation and road safety. By t-ie use of varied proposed access points, the traffic impacts from this project will be distributed as opposed to concentrated at one point of ingress and egress. Banner Associates will be preparing a more detailed plan for subdivision application. Section 7-1102(E) Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, water supply, parks, drainage, schools, and emergency medical facilities. The -lilliams Ranch Project, based upon APCHA guidelines, is expected to generate a total population of approximately one hundred f3rty-eight (148) residents. The employee and resident occupied units should provide housing for approximately ninety-two 14 Sae: Figures 7 and 8, the Existing Zone Map. 15 S2e: Figure 9, the Proposed Zoning Map. 16 Sae: Land Use Application, Section 4.10. 11 WILLIAMS RANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION permanent resident employees. The free-market component of the developmert is anticipated to yield fifty-six residents who may or may not be full-time residents or employees.» The Froposed development and its resident population should not over -extend the capacities of existing public facilities. Current facilities should be capable of accommodating the service demands of the project and its residents. Section 7--1102(F) Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The development will not adversely or unreasonably impact the natural ervironment.18 Section 7-1102(G) Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Asper:'s neighborhoods, including the Smuggler Mountain area, have beer traditionally comprised of various housing types, including some that in the past have been affordable by working residents. The proposed Affordable Housing (AH) amendment is consistent. and compatible with the community character of Aspen.19 Section 7-1102(H) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which supports the proposed amendment. Thera have not been significant changes within the immediate neighborhood. The Smuggler neighborhood is currently an integrated t7 Tire calculations for the fifty-four (54) unit development is: (12) 1 bedroom units at 1.75 persons/unit = 21.0 persons; (10) 2- bedroom units at 2.25 persons/unit = 22.5 persons; (16) 3-bedroom units at 3.0 persons/unit = 48.0 persons; (16) 4-bedroom units at 3.5 persons/unit = 56.0 persons. 18 S2e: Land Use Application, Sections 3.1 and 3.3. 19 Sce: Land Use Application, Section 2.1 and adjacent zoning map, Figu:'e 10. 12 WILLIAMS FANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION neighbonccod consisting of free-market and deed restricted housing types and intensities. However, there have been substantial changes vithin the community as a whole in recent years. Considerakle quantities of free-market housing, traditionally used by working residents, have been removed from the available inventory, forcing a shift in the permanent employee population down valley. Additionally, vacant land within the City of Aspen or nearby vicinity that is physically and economically suitable for the develcpment of affordable housing is extremely scarce. To address the affordable housing problem, the City of Aspen, Pitkin County and the Housing Authority enacted a comprehensive program. Phe Affordable Housing Production Plan establishes a goal of 115 units to be produced between 1991-95 by the private sector. The Willizms Ranch site is identified in that plan as a potential site for the development of affordable housing. In this proposal, the private sector, rather than government, proposes such development. Recent changes within the community, support the proposed Iffordable Housing (AH) amendment.20 Section 7-1102(I) Whether the proposed amendment would be in conflict pith the Public Interest, and is in harmony with the purpose and intent of this chapter. The Iroposed amendment is consistent with established public policy rec_arding affordable housing. The adoption of the 1973 Land Use Plan .nstituted a policy favoring the development of housing for emplo}ees of the community. The current Land Use Regulations, Comprehensive Plan, Production Plan, and the Aspen Area Community Plan (now in process) are further refinements in striving to attain the community's affordable housing goals.21 Recently, public policy has begun to shift. The City of Aspen, Pi --kin County and the Housing Authority have down -scaled their di::ect involvement in the development process while encouraging the private sector to become more actively involved in the plann:.ng and development of affordable housing. 20 S2e: Land Use Application, Sections 2.1, and 2.2. 21 See: Land Use Application, Sections 2.1 and 2.2. 13 WILLIAMS RANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION Williams Ranch will illustrate in real terms how the AH Zone works to the benefit of both private and public sectors. It will potentially encourage future private sector development of affordable housing. In tr.e preparation of this application, there were several instances within the Land Use Regulations, Chapter 24 of the Aspen Municipal Code where amendments to the text would add consistency and clarification. The specific sections of the Land Use Regulatiors are shown in bold type and underlined where modifications are recommended. A brief discussion outlining the rationale for the text amendment precedes the proposed text amendment. A summary statement follows if appropriate. Section 5-•206.2. Affordable Housing (AH)(D)(10) External floor area ratio (applies to conforming and non -conforming lots of record) . DETACHED RESIDENTIAL DWELLINGS Lot Size Allowable (square feet) (square feet) 9,000+ 3,660 scruare feet of floor area The current floor area caps on lots over 9,000 square feet for detached residential dwellings and duplexes do not provide an incentive for creating less dense developments of larger lots nor do they aiequately address the free-market or resident -occupied aspect of the AH zone, which may , due to market and/or neighborhood factors, require larger lots and more allowable FAR. Therefore it is recommended that the text be amended as follows: "DETACHED RESIDENTIAL DWELLINGS Lot Size Allowable (square foot) (square feet) 9,000+ 3,660 scruare feet of floor area plus seven scruare feet of floor area for each additional 100 scruare feet in lot area, up to a maximum of 6,000 scruare feet." 14 WILLIAMS FANCH LAND USE APPLICATION ANNEXATIOT, RE -ZONING & SUBDIVISION This text amendment will require detached residences of 6,000 square feEt to be situated on lots containing a minimum of 42,429 square feEt (0.97 acres). This amendment will allow the character and value:; of certain neighborhoods to be maintained by allowing more flexibility in lot areas and unit sizes. Though not. addressed in this application, it may be judicious for the City Flanning Department, Housing Authority and others to make recommendz:itons amending the square footage caps as they apply to duplexes c)n lots greater than 9,000 square feet. Section :t-104 Exemptions (C)(1)(e) Affordable housing zone district. The development of no more than fourteen (14) free- market dwelling units for the entire city in one calendar year. This section limits the private sector's ability to develop affordabl(i housing within the constructs of the AH zone. By allowing only fourteen (14) free-market units to be built each year in the entire city, the 70/30 employee to free-market mix would yield a m-iximum of 33 employee units. This maxinum allotment of free-market units may deter the private section from developing AH zone projects. With the City and County taking leas aggressive roles in constructing affordable housing, it is imperaldve that the AH zone be flexible and attractive enough to interest �)rivate sector development. Therefore. we recommend the elimination of Section 8-104 (C) (1) (e) . 6.0 PLANTED UNIT DEVELOPMENT (PUD) OVERLAY It i:; believed that there is sufficient flexibility within the intent ancldimensional requirements of (AH) Affordable Housing Zone to allow :'or the creation of a responsive, aesthetically pleasing, and livable neighborhood environment at Williams Ranch. However, if during the more detailed submittals of Subdivision, 8040 Greenline Review, etc., it becomes evident that more adaptability is required, the applicant may request a P.U.D. Overlay with a condensed, two-step process. 15 WILLIAMS FANCH LAND USE APPLICATION ANNEXATION, RE -ZONING & SUBDIVISION 7.0 IMPLEMENTATION PLAN A detailed submission will be prepared for the Williams Ranch Affordable Housing Zone Development subsequent to annexation and re -zoning. The detailed plan will conform to the Land Use Rezoning Applicaticn in terms of general location, number of proposed dwelling Lnits, density, and general standards of development. The cetailed submission will be consistent with the City of Aspen's current application and submittal requirements. The detailed Flan will be developed subject to all conditions imposed as terms cf the land use application re -zoning approval. uau\c (nu.).DOC 16 REQUEST FOR ANNEXATION Phyllis Coteen, as president and authorized agent of Smuggler Durant Mining Corporation, a New York corporation, hereby states and affirms: A. Smuggler Durant Mining Corporation hereby requests that certain undeveloped lands known as the Williams Ranch owned by it be annexed into the City of Asper. B. The land to be annexed consists of fourteen acres more or less known as the Williams Ranch and more completely described by metes and bounds on exhibit A attached hereto and incorporated herein by this reference. C. Smuggler Durant Mining Corporation requests that the lands to be annexed be re -zoned to the AH zone district. D. : affirm that Smuggler Durant Mining Corporation is the sole owner of One Hundred percent (100%) of the property for which this annexation and re- zoning request is being made. E. confirm that Stefan R. Albouy has the authority to submit any and all documents and instruments necessary, including but not limited to a Petition for Annexaticn, for and in behalf of Smuggler Durant Mining Corporation to annex and re -zone t:he Williams Ranch. Dated: ) ! ,A ! q 1 Smuggler Durant Mining Corporation By Phyll s Koteen, President County of Pi :kin ) ) ss. State of Col)rado ) The foregoing instrument was executed before me this day of November, 1991, by Phyllis Koteen as president of Smuggler Durant Mining Corporation. Witnes3 my hand and official seal. My comnission expires: NIQE/`1.3 ,L" -711,, Notary Public EXHIBIT A Foam No. 1343 (CU-90) AL rA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AN.ERICAN TITLE INSURANCE COMPANY, referred to in thisCommilment .is the Company, through its age lit, identified above, referred to in lhisAgreemenl as the Agent, agrees tc issue a policy to you according '.o the terms ofthis Commitment. When we show the policy amount and �. our name as the proposed insu ed in Schedule A, this Conlin itment becomes effective as of the Commit 1,lent Date shown in Schedule A. If the Re( uirementsshown in thisConirnitincnl have not been met within six rnontlisafterthecom- mitment date, , )ur obligation under this Commitment will end. Also our obligation under this Commitment will end when -he Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the reverse side of this page This Corr mitment is not valid without SCHEDULE A and Sections 1 and 2 of SC -IEDULE B. First American Title Insurance Company BY ( Y'�U'4 ��) 4"" Plif—;ID', Nl `;CCl1E_1A IY By � ( „` � � c;OIINTCItSI( rJ( I) EXHIBIT B Form 1756-A Commitment, Schedulo n Wright & Adger, P.1 % Attn: Gary Wright, Esq. 201 North Mi I I Str,!ot, #106 Aspen, Co 81611 SCHEDULE A Customer Reference No. Smug gler-Durant/Albouy 1. Effective Date: Apr I I 3, 1991 at 7 :00 A.M. Commitment No: 4013.;1-C RR/jp 2. Policy or Polici :!s to be issued: (a) ❑ AL rA Owner's Policy Propo ed Insured: STEFAN R. ALhOUY (b) ❑ AL rA Loan Policy Propo ed Insured: SMUGGLE R-DURANT M I N I NG CORPORAT ION, a New York corporation (c) ❑ Amount $ 1,800, 000.00 $ 1,200,000.00 $ 3. The'state or h lerest in the land described or lefe, red to in this commilinmit and covered herein is fee simple and title thereto is; t the effective dale hereof vested in: SMUGGLE R-Dt iRANT MINING OORPORAI- I0h, a New York corporation 4. The land referr rd to in this commitment is LEGAL DESCRIPTION SET FORlI-I ON SHEET ATTAGIED I'ERETO AND BY TII IS REFERENCE INCORPORATED HEREIN /.ND MADE A PART IIERECF, Owner's Premium: $ 3#365.00 Lender's Premium: $ 50.00 Add'I Charges: $ Tax Certlflcate: $ 10.00 TOTAL CHARGES: $ 3,435.00 CC, s to: Wright & Adger, P.C. Martin Kahn, Esq. ATC-Escrow Ordor No. 401331-C Plat I.D. # SCHEDULE A (continued) Covering the Land in the State of Colorado, County of Pltkln, Described as follows: All that por"ion of the Southeast 1/4 of Section 7, Township 10 South, Range 04 West of Ve 6th P.M., Including parts of the DEFINANCE LODE (M.S. #1414); J.C. JCIiNS014 LODE (M.S. N1436); CHATFIELD LODE (M.S. #1462); SMUGGLER LODE (M.S. #1656) EMMA LODE (M.S. #2120) ; 41JULWOR111Y LODE (M.S. #374 0) ; ARKANSAW LODE (M.S. A 594); GENERAL JACK50H 199E (M.S. #3941); ACCIDENT LODE (M.S. #5835) and t a GLENDALE LODE (M.S. h6859) moro particulary described as follows: Commencing a the center of said Sectlon 7; thence S 0645 '06" E, along the North 1Ino of sold Southeast 1/4; a distance of 311.35 feet to the True Point of Beginning; thence conth uing S 08'53106" E, along the North line of said Southeast 1/4, a distance of (50.29 feet; thence S 33°`7100" E, a distance of 551.15 feet; thence S 00% 1154" E, a distance of 264.63 feet; thence N 750, l r 18" E, a distance of 176.96 feet-; thence N 33°`7100" W, a distance of 77.12 feet-; thence S 56001 00" W, a distance of 19.00 feet-; thence N 33°.7100" W, a distance of 119.64 feet; thence N 55° 3100" E, a distance of 923.31 feet; thence S 34 7100" E, a distance of 999.70 feet; thence S 56*29146" W, a distance of 1448.27 feet; thence N 307111" W, a distance of 293.17 feet to the Southeast corner of the NW 1/4 SE 1A of said Section 7; thence N 34°"3125" W, a distance of 1696.96 feet to the Point of Beginning. Form 1 766 - 81 commitment, Schad- v 8-1 SCi-IEIAILE Q - Section 1 No. 401331-C Recuirements The following ;i-^ the requirements to Im complied with: Item (a) Paymc t to or for the account of the irantors or mortgagors of the full consideration for the estate or interest to be insui � d. Item (b) Propei instruntent(s) creating the estata or interest to be insured must be executed anddulyfiled for record, to -wit: 1. Duly eoi i-If led copies of Paion-Is Issued by tho United States of America and cov--ing the following described Lode Mining Claims: a.) DEF INC[ Lode Mining Clairn (U.S. N1lnoral Survey No.,1414) NOTE: (;,-)on compliance with the above requirement additional requi rer,.nts may be necessary. 2. Deed fr(�n Smuggler -Durant Mining Corporation, a Now York corporation to a Stefa" P. Albouy. N01E: '' ly executed roil propor-iy transfer doclarailon, executed by either ie Grantor or Grantee, to accompany ►lie Deed montloned above, pursuan to Ar-I-Iclo 14 of House M I No. 1288 - CRA 39-14-102. 3. Deed of Trust from Stefan P. Albouy to -1ho Public Trustee of Pilkin County �r -1he use of Smuggler -Durant Mining Corporation, a New York corpora ion, to secure $1,200,000.00. 4. Evidence satisfactory to -the Company or its duly authorized agent either (a) tha- the "real estate transfer- taxes" imposed by Ordinance No. 20 (Series :)f 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen. Colorado have been pa:,I, and that- the liens Imposed thereby have boi:,i fully satisfied, or (b) that Certificates of Exemption have been Is,,.ted pursuant to the provisions thereof. roan 1 7!l6 - B2 (M, lirie,t I /it Conunilmenl, schc de U-2 Colorado SCHEDULE B - Section 2 Excel)tions Order No. 401331-C The policy or pc cles to be issued will con kiin exct (,lions to the f ollowhio unless the salve are disposed of to the satisfaction A the Company. Any loss or dam ige, including attorney fees, by lea^nn of the inaftots shown below: Any (acts, ghls, interests, orelaini s which a e not shown by the public records but which could ascer- tained by n inspection of said land or by naking incluity of persons in possession thereof. 2. Easernen!:, or claims of easement whirl; we not shown by the public records. 3. Discrepar rJes,conflictsinboundarylines,3horlageinaien,encioachmentsandanyotherfactswhich a correct ., irvey would disclose, and which are not shown by public records. 4. Any water ; ights or claims or title to water in, on or under the land. 5. Any lien, e right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and n,J shown by the public records. 6. Defects, li ns, encumbrances, adverse claims or other matters, if any, created, first appearing in the public rec rds or attaching subsequent tc the effective date hereof but prior to the date the proposed insured a ;quires of record for value the estate or interest or mortgage thereon covered by this commitrnr .it. 7. Taxes du,� and payable; and any tax, special assessments, charge or lien imposed for wale- or sewer service, or for any other special taxing district. 8. Right of the Proprietor of a yoln or Lode to exlract and remove his ore therefrorl, should -the same be found 10 penetrate or intersect the promises hereby gtanied, as reserved In United Stalos Paiont recorded August 1, 1865, In 3ook 28 at Page 1; April 6, 1889, In Book 28 at Page 33; November 17, 1895 In Book 136 at Pago 53; December 24, 1902, In Book 55 at Page 116; Dea:nber 22, 1909, in Dock 136 at Page 365; May 20, 1949, in Book 175 at Page 59-163 and 165-166. 9. Right of '.aay for ditches or canals cons(ruc-lod by the authority of the United S- ates, as reserved In Un It od Si a-t es Patent recorded November 17, 1895, In 3ock 136 at Pcgo 53; Docomber 22, 1909, In Book 136 al- Page 368 and May ..' 7, 1949, In Book 175 al ^ago 159. `- 10. Easements and rights of way for access and slope grading purposes as granted by Smuggler Durant Mining, Corp, to Ceniennlal Partners, Ltd., by Instrumel.t recorded January 25, 1985, In Book 480 at Page 494. �f 11. Easement: and rights of way for road and u-11111y purposes as set forth 1n Mutual Read and U1-IIity Easement Agreement- between Smuggler Durant Mining Corp. any' Fidelity Trust Building, Inc, recorded August 30, 1985, In Dook 572 at p,lje 70. (Continued) Exceptions number __ _ _ __ __. are hereby on -lilted. Commitment No. 4C 331 -C EXCEPTIONS - continued 12. Easemer-`s and r ights of way for road and u-1 I I Ity purposes as set forth in Mutual -),oad and U-I i I Hy Easonx,n i and Right of Way Agreement between Smuggict Durant Mining Corp. in(.' Fidel ity Trust Building, Inc., recorded May 25, 1989, in Book 593 al Page 352 and rerecorded May 26, 1989, in Book 593 at Wage 42.9. 13. Terms, ,greumenls, provisions, condlilons and oblIgo] lons as contained in L1-11 Hy Easermmit Agreement bc,lwr;rm I�m-bara Sloi-mor, et al and Smuggler Durant lining Corporallon, recorded August 30, 1988, In Book 572 ai Page 72 and Jan nary 24, 1989, in P.x>ok 564 al Page 241. 14. Any and al excepl-lons, exclusions and resorvatlons as might be contained in the nl-led Sla-los Palenls conlempla-led by Requirenren-l- No. 1 under Schedul � D-1 of this Commitment. 15. Any and all unredeemed tax sales. NOTES .'pon receipt of a Certificate of Taxes Due evidencing that there are no ex i s I ng open tax sales, the above exception w i l l not appear on tho policie,, to be issued hereunder. K]iCh0lJS LaO1Di[iS' Ph.D. oo°xm.nwonu/uuWor oxo|NoEooOLLLANE mL[Cuuon^0001mo Nmvomber 26, 1991 John R. 1edVm 616 East Hyman Ave., Aspen C'] 81611 RE: Will:ams Ranc|i Dear Hr. Wodum: After Wving visited your studying maps and aerial conclusiDms on the geology, property with you last week and p|mLographs, I can reach some and past and present morphology. The proparty is at the base of Smuggler Mountain in an area you descvibe/| as out of the historic mining area; the present topography appears to bear that out and older maps show no evidwnce of significant mining activity on this site. The original contours seem to be undisturbed except in aq area of cut and f1l: associated with the development to the west where cutting of the slope was necessary For the driveway and parking area. A drainaro cnLors Lhe property from the east and a wQll developed alluvial fan has rosulLed from the mouth of this guily into the � property. This fan is still inLact cxcupt at the cut described. A small drainago-way has been constructed to take intermittent water frum the gully to u culvurL on the property to the west. It skou d be noted that t}'c Cowonhovun Tunnel passes under the site as Phown. The hillside above the site is covered by morainal material and the underlying bedrock is probably the Belden Shale. Mining may have tak«.n place in the area but probably not directly below this property, this, I believe, has already been verified through conversations. with Stephen Albouy, who is familiar with underground workings in this area. Testing of soils of this property are in progress. If there are other qu"stions please contact me. Sincerely, Nicholas Lampiris EXHIBIT C EL N- INC. CONSULTING GEOTECI- LAICAL AND MATERIALS ENGINEERS PRELIMINARY GEOLOGIC AND GEOTECHNICAL INVESTIGATION WILLIAMS RANCH ASPEN, COLORADO Prepared for: WAW Partnership 704 Spruce Street Aspen, Colorado 81611 l Attention: Mr. Stefan R. Albo y IIlG c Job No. 18317 / ` No /ember 26, 1991 EXHIBIT D 23,1 C N I Fk' L f Ivl. GI 1_r riW 1, .';_ r r,i 1';.:'tIn, TABLE OF CONTENTS SCOPE................................................ FUTURE IP IVESTIGATIONS................................... ...... 1 SITE CON )ITIONS.......................................... ...... 2 SITEGEOI.OGY............................................ ...... 2 PROPOSE) CONSTRUCTION ................................. ...... 3 SUBSURF; SCE CONDITIONS ......................................... 4 SITE GRADING 4 ............................................ FOUNDAT ON CONSIDERATIONS ............................... ...... 5 SURFACE DRAINAGE ....................... . ............... ...... 6 LIMITATIO JS.............................................. ...... 6 FIGURE 1 LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 SUMMARY LOGS OF EXPLORATORY TEST PITS FIGURES :; AND 4 - GRADATION TEST RESULTS TABLE I - ; ;UMMARY OF LABORATORY TEST RESULTS SCOPE Thi: report presents the results of our preliminary geologic and jeotechnical investigatic n for the Williams Ranch in Pilkin County, Colorado. The pus pose of our investigatic;i was to evaluate subsurface conditions to develop opinions about suitability of the site or the planned residential development. We present preliminary opinions of foundation types and slab -on -grade construction. The report discusses general geologic and subsu: face conditions and presents our recommendations for site development. The criteria presented in this report were developed considerin(f conditions disclosed '.)y widely spaced test pits, results of laboratory tests and our experience. Recommer dations were developed based on our understanding of the planned constructic i and site development. A design level geotechnical investigation should be performed ;o provide individual design criteria for foundations for individuastructures. FUTURE II JVESTIGATIONS ThE site is reportedly over an abandoned mine(s) and a tunnel. Little has been confirmed o date regarding this mine(s) and tunnel. The potential for the lai id surface to subside as a result of future mine opening or tunnel collapse needs evaluated. The geotechnical opinions provided herein are necessarily general. After the residence lots have been planned and building locations designated a soils and foundation investigation tailored to the requirements of each building needs to be made. SITE CONDITIONS The ,Nilliams Ranch property is on the lower slopes of Smuggler Mountain in Pitkin County, Cc'orado. Smuggler Mountain forms the east side of the Roaring Fork Valley adjacent tc the city of Aspen. The topography adjacent to the site includes a comparatively flat valley floor on which Aspen is built and moderate to very � teep slopes of Red Mountain to the south, Bell Mountain (Aspen Ski Area) to the so ith and the steeper upper slopes of Smuggler Mountain to the east. The ground surface sloped from the east to the west on the south h� if of the site and from tt e northeast to the southwest at the north half. Topographic n apping and visual estin ates determined grades of 5 percent or less with the exception of the most easterly arc a (higher elevations) where grades appeared to range from 4 to 10 percent. Vegetation consisted of native flowers, grasses and weeds. Sage and some scattered cottonwoo(! and aspen trees were on the upper portions of the site. The Salvation ditch crossed through the northwest corner of the site. The ditch was dry at t ie time of our investigation, however, will carry water during time: of irrigation in the vicir1y. Man-made fill was observed over the northwest portion of the site. It appeared tie fill material was generated from grading operations at the Centennial Condomini; im project below the site. SITE GEOLOGY We )valuated site geology by reviewing portions of available geologic maps, We used the fc!lowing maps; 7 L 1) "Geologic Map of the Aspen Quadrangle, Pitkin County, Colot ado" (Bruce Bryant USGS 1971); 2) "Map Showing Types of Bedrock and Surficial Deposits ir. the Aspen Quadrangle, Pitkin County, Colorado" (Bruce Bryant USGS 1972); 3) "Map Showing Areas of Selected Potential Geologic Hazards in the Aspen Quadrangle, Pitkin County, Colorado" (Bruce Bryant USGS 1372); 4) "Map Showing Relative Ease of Excavation in the Aspen Quadrangle, Pitkin County, Colorado' (Bruce Bryant USGS 1972); 5) "Map Showing Ground -water Potential in the Aspen Quadrangle, Pitkin County, Colorado' (Bruce Bryant USGS 1972). Mapping indicates the site is underlain by glaciofluvial deposits and alluvial -fan deposits cc nsisting of sands and silts containing cobbles and boulders underlain by granitic roc ; or sedimentary rock consisting of sandstone, siltstone or shale. Potential geologic lie zards, excavations requiring other than normal heavy construction equipment or the like) hood of high free groundwater level was not indicated on the mapping reviewed. ()ur borings generally confirm the mapped soils, however, we did not find a alluvial -fan leposits. Our test pits were not deep enough to define the type of bedrock below the ; urficial soils. PROPOSED CONSTRUCTION We .inderstand the site will be subdivided into single family lots to t ie east and lots on whi ;h multi -family residential structures will be built to the southwest. We have assumed tr e single and multi -family structures will be two to three stories tell and wood framed. Th � single family structures will likely have walk -out basements. It i:; more likely than not th , multi family structures will be constructed without a basement ')ut possibly with a craw space. Foundation loads on the order of 2000 to 2500 pounds per lineal foot along exter or walls and 50 to 100 kips on the interior columns were anticipated. 3 SUBSURFACE CONDITIONS Subsi irface conditions were investigated by excavating five (5) test pits at the locations sh )wn on Figure 1, Test pits were excavated using a backhoe. Test pit excavation a id sampling was directed by our representative. The client als :) obtained samples of the soils found at the bottom of each test pit. Summary logs of the test pits are shown o- Figure 2. At oL r TP-1 through TP-4 locations we found approximately 6 inches of "topsoil' above silty s� nds with gravels, cobbles and boulders (to four feet in diameter). 'eleven feet of manmade fill of clean to silty sands with gravels, cobbles and boulders underlain by similar natur illy deposited granular soils were found at our TP-5 location. No free groundwater was found the day of excavation. Laboratory testing to confirm field classification of the soils were performed. Gradation analyses determined 22 to 42 percent grav :I and 17 to 29 percent silts and clays (passing the No. 200 sieve). Liquid limits range ,rom 17 to 25 percent with plastic indices from non plastic to 7 Vercent. SITE GRADING We u iderstand grading at the site will be kept to a minimum. Cuts and fills of five feet or less may be required to level building areas, to construct the access road and to build driveways. The ground beneath the fill should be stripped of organic matter and topsoil prior to placing fill. On -site soils free of organic matter or other Jeleterious materials car be used as fill. Fill should have 100 percent passing the 6-inch screen. Fill soils should )e moisture treated to within 2 percent of optimum moisture cont,:nt, placed 4 in 12-inch m� ximum loose lifts and compacted to at least 95 percent of the maximum dry density determined by a standard Proctor density test (ASTNI D 698). Utilitir s will need to be constructed beneath roads. We recommend tre ich backfill consisting of 100 percent passing the 6-inch screen, be placed in loose lift 3, moisture conditioned o within 2 percent of optimum moisture content and compactec to at least 95 percent e' standard Proctor maximum dry density. FOUNDATIC N CONSIDERATIONS In oar opinion the site can be developed for single family and multi -family residential st uctures. Our major concerns are existing fill at the site and remnant mining works below the site and the Cowenhoven Tunnel (Fig.1). No new construc,ion should be placed of i existing fill at this site. All existing fill should be removed and r placed as recommendc d in the "Site Grading" section of this report. It appears the existing fill can be reused to: construct the new fill. The depths of remnant mine works and the tunnel need to be confirmed and the subsidence potential of the property evaluated. We a iticipate spread footing type foundations supported by the natul at granular soils or den >ely compacted fill will provide satisfactory performance. We anticipate allowable bearing pressures in the range of 3000 to 5000 psf. In our opinion slab -on - grade floors ;an be used on the site if precautions to avoid significant moisture increases to the soils s ipporting the slab are followed. Below grade walls will need to b 3 designed to resist late al earth pressures. We suggest the owner assume a value of hetween 35 and 50 pcf for preliminary calculations. SURFACE DRAINAGE Performance of foundation and concrete flatwork is influenced by the moisture existing in tVe subgrade soils. We recommend that areas within 10 feet of structures. If owners mus' landscape next to structures we recommend native vegetation that requires minimal irrig; �tion. Overall surface drainage should be designed to provide rapid runoff of surface awa,,, from the proposed residences. LIMITATIONS This i eport is preliminary and not intended for design purposes. Our test pits were widely space d to obtain a reasonably accurate picture of the subsurface. Variations in subsurface conditions will be found. Site specific investigations should be performed for individual lot 3. Our r port was based on the conditions disclosed by exploratory test pits results of laborator} testing, engineering analyses and our experience. We should be advised if our under: tanding of the site development differs from what the owner is Manning to permit us to reevaluate our conclusions. This i ivestigation was conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions iii the locality of this project. No other warranty, expressed or implied, is made. 6 If we can be of further service or if you have questions regarding this report, please call. 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V rtl •Kt•'tOt •C ).••,• - � i � n _ to '•�% 1 1 � - � CENTENNIAL/HU-N k cjkE, B ..•«••• Ly SuUGCitt FtKtA: E � .ui tF7CAti�N\ �� �� 'ir • _ LONIE 1141E ANNEXA"ON ;t. �'� _ � ' V_ - : EXHIBIT 10 •.err. •• J•., « •. ..n w If\I •..,.. •rf . t - - \_ - •( � % 7 •1 :• _ • - 1 1\`1 �'� p�tkin county .. 11 , A•D•�, ,. city i I � i/ i :4 i Aspen Area Comm=4 Plan Aspen/Pitkin County Planning Office _ Sheet Title: City of Aspen Zoning Patterns 11 ►,��pp���ur�,a Lpand: Scale: ® . ■ CC-CL Commercial Core/ t" 400' Commercial Lodge HMOh ® C-1 Commercial •• •• "�+ ®O Office NC Neighborhood ® Commercial ® SCI Service/Commercial/industrial [E LTR Lodge/Tourist L-P Lodge Preservation RMF/ Residential/Multi-Family ® RMFA 0 MHP Mobile Home Park R-15 Residential R-30 Residential R-6 Residential RR Rural Residential C Conservation ® SPA Specially Planned Area 7PUB Public i] P Perk r� M 4 Date: January 1991 NoW All boundaries are approximate, to be used for general planning pwroses. FIGURE___ �o��tY •:•i: �ttY^Qt ADD'^ '•. ^\- t •:��:::_. V .�—-21 Aspen Area Commiu* Plan Aspen/Pitkin County Planning Office Sheet Trtle: Legend: Commercial City of Aspen ;=M4 Office Existing Land ® Commercialioffics/ Use Patterns Multi-Family/Lodge Tourist Accommodations (Lodge) Multi -Family Single Family/Duplex/ Mobile Homes i Public;lnstitutional Perks/Open Space •.'a=ent Lends hm � a Mvit a7= H� ■ Hate i �, aaaa■_ L na le: rlzz� ' 1:400' ,.a ..• 'NNOeZiI !• at Date: January 1991 Note: All boundaries are approximate, to be used for general planning purposes. FIGURE 4 f3 r. M��r siL � mot, o �� � r ♦�i� 7;7#7.ww,; C1 --w n Mt. Baldy COZY Point Owl C,eek Road / t e/ 4 Ga �o White River National Forest I I Gee e I I 12 2Z1 20 i Aspen 21 Pitkin A trpo rt Buttermilk/ Tiehact \ / i Y ' e � � Po ee — -- o° I I Aspen Hightand. j I I Aspen lkrea Community Plan Aspen/Min County Planning Office I Sheet tme: Legend: SuN: ' 12 Aspen/Pitkin County Airport 1 =1000 I 15 Pitkin County Maintenance Facility Community 15 north Proposed Health and Human IFacility 17 Services Building Assisted Living Center Locations 18 Bus Maintenance Facility II 20 Holy Cross Electric Power Plant in the 21 Rocky Mountain Natural Gas Co. Pitkin County 22 Wastewater Treatment Plant Aspen High School Aspen Area 25 Aspen Middle School 28 New Elementary School Site i 29 Aspen Valley Hospital \ 30 Aspen Country Day School �1 1 31 Wildwood School Rao �eutte 35 State Highway Dept. Maint. Facility [� 39 Music Associates of Aspen J24 216 i l l e` S; ! et m $nadow � Mountain 39 30 1 I I e River— nal Forest I ASoln Mountain Smuggler Mountain I Date FIGURE_ rl BUS ROUTES and � _ 4111111110 FORK TRANSIT AGENCY 9258484 City Map NCOLORADO Airport Shuitie N.. , :.k _7. Bus service between the airport and Aspen is simple and economical with the airport shuttle. The shuttle runs twice per hour on the hour and half-hour, and the cost is just $2.00. ll Ill l.41 Un� YV.. v � iv�viv i �., skier shuttles, RFTA provides year-round service between Aspen and Snowmass Village from 7:00 am - 1 1:00 pm throughout the year, and until 1 am during peak season. The 30-minute trip costs S1.50 per passenger. Buses depart at :15 past each hour, with additional service during peak periods. S'F:t:r Shu,ftIss In the winter, RFTA buses are equipped with ski racks for our free skier shuttles to all four ski mountains. Continuous service is provided to and from Aspen Highlands and Snowmass 8:30-10:30 am, and 2:30-4:45 pm. Mid -day service is provided 10:30 am-2:30 pm at :00 and :30 past each hour. Free shuttle service is provided between Aspen and Buttermilk every 15 minutes 8:15 am- 4:45 pm. Hightanas RFTA provides free service to Aspen Valley Hospital and the Aspen Highlands ski area from 7:00 am - 11:00 pm throughout the year, and until 1 am during peak season. Buses depart Rubey Park at :15 and :45 past each hour. Buses depart Aspen High- lands at :05 and :35 past each hour. RFfA prow c Fes ree service to the Rio Grande Parking Plaza, the Post Office, and the Hunter Creek/Centennial subdivisions just north of Aspen from 7:00 am - 11:00 pm throughout the year, and unfit 1 am during peak season. Buses depart Rubey Park at :00, :20 and: 40 past each hour. Valley subdivision just east of Aspen from 7:00 am - 1 1:00 pm throughout the year, and until 1 am during peak season. Buses depart Rubey Park at :25 and :55 past each hour Buses depart Mountain Valley at :05 and :35 past each hour. Snowbunny RFTA provides free service to the Cemetery Lane subdivision just west of Aspen from 7:00 am - 1 1:00 pm through- out the year, and until 1 am during peak season. Buses depart Rubey Park at :00 and :30 past each hour. Buses depart Red Butte Drive at :15 and :45 past each hour. RFTA MAP FIGURE a_ TP-1 TP-2 TP-3 TP-4 TP-5 EL =8045 EL,=8060 EL.=8069 EL.=8016 EL.=7998 0 0 N N N WC-8.5 iI WC=7.2 LL=20 .0 LL=28 PI=4 .b ie PI=7 5 5 y• WC=8.2 0' LL=25 ' 0 PI=4 9• -200=18 WC=2.6 WC=8.8 LL=19 10 LL=17 LL=22 PI=NP 10 PI=NP PI=4 -200=19 -200=29 •o-200=17 15 15 LEGEND: TOPSOIL, SAND, VERY SILTY, ROOTS, HAND DRIVE. 1,4-INCH LINER DRIVEN SOFT, MOIST, BROWN (SM) F INTO EXCAVATION 13 OBTAIN SAMPLE. N NOTES: MAN-MADE FILL, SAND CLEAN TO 1. TEST PITS WERE E?CAVATED NOVEMBER 13, SILTY, GRAVELLY AND COBBLY, 1991 WITH A BACKt-OE. MEDIUM DENSE TO DENSE, MOIST, TAN, BROWN (SP-SM) 2. THE ELEVATION ARE APPROXIMATE AND ARE FROM A TOPOGRAPHIC MAP FURNISHED BY W.A.W. PARTNERSHIP. p SAND, SILTY, GRAVELLY AND COBBLY, MEDIUM DENSE TO VERY 3. NO GROUNDWATER WAS INTERCEPTED BY DENSE, MOIST, TAN, BROWN (SM) TEST PITS. 4. THESE LOGS ARE SL3JECT TO THE EXPLANA- TIONS, LIMITATIONS AND CONCLUSIONS AS CONTAINED IN THIS REPORT. BULK SAMPLE. 5. WC=INDICATES NATURAL MOISTURE CONTENT(,%; DD=INDICATES DRY DENSITY (PCF) -200=INDICATES PERCENT PASSING THE NO.200 SIEVE PI=INDICATES PLASTICITY INDEX (%) LL=INDICATES LIOLID LIMIT (%) SUMMARY LOGS OF TEST PITS Ino LIn 1 0 Z 1 I HYDROMETFRANALYSIS SIEVE ANALYSIS 25 HP, 7 HR TIME READINGS U S SIA!,OA4) SL IaE`, CLEAR S%:UAf, _ OPENINGS 45 MIN. 15 MIN. 60 MIN. 19 MIN 4 MIN. 1 MIN 200 1(iU 50 ' aU • 30 ' to ' t 0' 8 '4 3!8" 314" h 3• 5.6" 8' 100 901 l 80 -... I ( } I ' _ 2 0 ( l , , 40 Z 50 - _ ! - - -- - ----- W 40 a l I , I ` ' I. _ I I i __'60 � t t I a 20 - - 80 - 90 1 1__-1.�11_L1_J_._-_-.t_.___: 'S..l_!_l� t_..1.,-.i100 .001 .002 .005 .009 .019 .037 .074 .149 .297 .590 1 19 2.0 2.38 4.76 9.52 19.1 6.1 76.2 127 200 0,42 152 DIAMETER OF PARTICLE IN MILLIMETERS CLAY (PLASTIC) TO SILT (NON -PLASTIC) —.11 bHAVtL FINE MEDIUM COARSE FINE CC ARSE COBBLES Sampleof SAND, SILTY (SM ) From TP-1 AT 10 FEET GRAVEL 3 5 % SILT & CLAY -1 9 % PLASTICITY INDEX _ SAND 4 6 LIQUID LIMIT 1 T % N P o� 0 HYDROMETER ANALYSIS SIEVE ANALYSIS 25 HR. 7 HR TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 45 MIN. 15 MIN. 60 MIN. 19 MIN. 4 MIN. 1 MIN, '200 ' 100 •50 '40'30 ' M ' 10.8 -4 3/8" 314" ". 3" 5"¢" 8" 100 • 1 i 90 i 80 - 1 _. , , 0 7G 1 0 Z 60 N . _ ..,40 Z z 5050 w a 40 1 W a 3070 -- . 20 I 10 ) 1 90 0 :.. ..: ..:.: ....__'. 100 .00, .002 .005 .009 .019 .037 .074 A49 .297 .590 1.19 2.0 2.38 4.76 9.52 19A 30.1 76.2 127 200 0.42 162 DIAMETER OF PARTICLE IN MILLIMETERS C1AV (PLASTIC) TO SILT (NON -PLASTIC) SAND GRAVEL FINE MEDIUM COARSE I FINE CC :RSE COBBLES Sample of SAND, SILTY (S M) GRAVEL 2 2 % SAND 4 9 % From TP-2 AT 11 FEET SILT&CLAY 29 % LIQUIDLIMIT Z2 % PLASTICITY INDEX _ 4 % JOB NO. 18317 Gradation Test Resu tS F I G - 3 HYDRU_METI'R ANALY% SII VE ANALYSIS 25 HR. 7 HR IIME READINGS U S. SIANUARD Slim S _ iatAR SUWv c VPt KINGS 45 MIN. 15 MIN. 60 MIN. 19 MIN, 4 MIN. 1 MIN '200 ' 100 'SO '•10':10 ' 16 ' 10'B '4 3l8' 3f4' ','h' 3' 5'6' 8' 10 i I I j 0 9 80 ...... 20 70'.._. i -30 60 40 50 .. I 'o c 1>' 40I ; � / � .60 r 30 j :70 20 80 10� 90 0'-_------ .! !100 001 .002 .005 .009 '019 O3/ u/.I 14V 2v7 ',9u 1117 211238 476 952 191 6.1 76.2 127 200 0 X. 152 FAA MI R11 OF PARIN_Ik IN MII I11,11 ICRS CLAY (PLASTIC) TO SIFT (NON PLASIIC) ANO GRAVEL _ I INP Nil I,iot.1 coma TINE CLAY 'ARSE Sampled SAND, SILTY (--M ) From TP-4 AT 7 FEET GRAVEL 3 6 ;4 SAND 4 6 % SILT & CLAY 1 E1 °! LIQUID LIMIT 2 5 9a PLASTICITY INDEX _ 4 o HYDRUME1EiR ANALYSIS %VE ANALYSIS — 1 25 HR. 7 IIR [)ME kkADINU; U. a. SL:111JAIrU ':I.lal ; (_IEAll SUUAf OIl KINGS 45 MIN. 15 MIN. 60 MIN. 19 MIN. 4 MIN. 1 MIN. '?Uu ' un 'S0 '40'-W ' le, ' 10'8 '4 3f8' 314' ii' 3- 5'¢' 8- 100, I i 0 90 10 I , 80 20 7G ..... , _..... - - 30 60 40 ca iu 50 50 _ z i� 0 ii 40 60 r_ 30 / 70 a 20 10 0 001 .002 .005 .009 .019 037 CLAY (PLASTIC) TO SILT (NON PLASTIC) Sampled SAND, SILTY (SM) From TP-5 AT 11 FEET J O D 1,10 1 0? 1 7 80 07,1 1aV 291 190 i.w 2 0 2 38 4,76 0 4.2 DIAMF ICU Of PAIMUE IN MR t.lMf If US ;;AI ali FINE I MIUI1IM I CIiARSk I FINE I Gi AleSk I COBBLES I GRAVEL-4 2 0, SAND 41 °o SILT & CLAY 17 °i: LIQUID LIMIT 19 % PLASTICITY INDEX _ 4P % 90 100 9.52 19 1 S.1 76 2 127 200 152 Gradatic,i C't PeSLAS r- T c . n AGREEMENT FOR ACCESS AND SLOPE EASEMENT THIS AGREEMENT i s ' made Se p7. 7, $4- , 1984, by and between CENTENNIAL PARTNERS, LTD., Suite 4010, 1700 Lincoln Street, Denver, Colorado 80203 (hereinafter "Centennial"), and SMUGGLER DURANT MINI ,�' c/o Dr. Phyllis Koteen, 1650 IsrIndwav yk !7r /ao/ (herein- after "Smuggle "). WHEREAS, the parties hereto are adjacent property owners in Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado; and WHEREAS, Centennial intends to develop its property and construct roads thereon and dedicate such roads to the public for public access from the development on its property to the existing public road system; and WHEREAS, the construction of a planned road (Free Silver Court) on the northeast side line of Centennial's property adjacent Smuggler's property would require the installation of a retaining wall or require the regrading of a slope on Smuggler's property; and Centennial desires to obtain a license and an easement for the purpose of regrading the slope on Smuggler's property and avoiding the need for the retaining wall; and WHEREAS, Smuggler desires an access easement for its property located to the northeast of the Centennial property connecting to the road system to be constructed on Centennial's property and to the public road system; NOW, THEREFORE, in consideration of the mutual cove- nants and agreements herein and benefits to the parties hereto, they agree as follows. 1. Smuggler grants to Centennial a slope ease- ment on Smuggler's property adjacent the northeast sideline of Centennial's property to begin 75 feet southeast of the existing culvert defining the north end of the piped section of the Salvation Ditch on Centennial's property and such easement then being rectangular in shape and extending approximately 615 feet southeast along the property boundary between Smuggler and Centennial and extending approximately 80 to 90 feet on to Smuggler's property, all as shown on the slope easement drawing dated July 19, 1984, by Jacobs -Ball & Associates, a copy of which is attached hereto as Exhibit A. 2. Centennial shall have a license at its sole cost and expense to come on such easement and regrade the slope approximately to the contours shown on Exhibit A. The regraded slope shall not exceed an angle of one vertical to 3.35 horizontal (29.9% slope) and shall be regraded in a EXHIBIT E manner to undulate with the existing land forms above the easement and to approximate the natural curvatures of the slope outside the slope easement such that the appearance of the slope on regrading shall be as natural as feasible. 3. The top soil shall be initially removed from the area of the slope easement and stock piled and replaced over the regraded slope upon completion of the regrading and prior to the installation of the landscaping. 4. The soil materials removed from the slope easement (other than top soil required to be stock piled and replaced to support the landscaping) may be deposited in the area of the Smuggler mine southeast of the area of the regraded slope to cover the tailings piles of the Smuggler mine. Such tailing piles may be flattened and lowered in angle before being covered with the soil materials removed from the slope easement in order to prevent erosion and create a more natural appearance to the land form in that area and diminish the magnitude of the appearance of tailings piles. Jim Reser of Alpine Surveys shall be jointly retained by the parties hereto to work with the excavation contractor and to decide and direct the manner and location of the deposit of the removed materials in the Smuggler mine area. S. Upon such regrading, Centennial shall retain existing large trees on the site to the extent feasible and provided such trees can be held in place by the installation of retaining walls or bin walls not exceeding three feet in height from the regraded slope. Centennial shall remove and save existing shrubs and small trees as are reasonable and preserve the root ball with soil around the roots. Centennial shall reseed and mulch the regraded slope to reasonably restore it to the appearance of the natural existing vegetation within a reasonable period of time. The existing vegetation on the undisturbed slope immediately adjacent to the regraded slope shall be feathered to reduce the line, form, color and texture contrast between the existing terrain above the slope easement and the regraded slope. The outline revegetation plan is attached as Exhibit B to this agreement. Centennial shall have a final landscape plan prepared by Civitas landscape architects, and such plan shall be submitted as soon as possible to Smuggler for its reasonable review and approval. The final landscape plan shall specify indigenous plants of a sufficient quantity to prevent erosion -on the property and provide for dispersion of new planting into the existing vegetative patterns on the adjacent undisturbed slopes. Centennial shall deposit $10,000.00 in an escrow account to be established with Martv Kahn and Joseph Edwards to be the signatories thereon as security for the completion of the revegetation and landscape plan. Such account may be drawn upon to pay invoices to the landscape contractor for work done. Any balance shall be returned to Centennial upon completion of the landscape plan and revegetation. After installation in accordance with the landscaping plan, any required future maintenance, watering or replacement of the planting shall be the responsibility of Smuggler. 6. Centennial and its excavation contractor shall have a license to come upon so much of Smuggler's property as reasonably required to carry out the provisions hereof. Upon completion of the regrading of the slope, deposit of the removed soil materials in the Smuggler mine area and completion of the revegetation and landscape plan, Centennial's license to enter Smuggler's property shall terminate. 7. Smuggler shall advise its lessee of the Smuggler mine of the terms of this agreement and shall assure compliance with the terms hereof by its lessee. Centennial will continue to allow Smuggler's lessee reasonable access through Centennial's property until Centennial begins the installation of road base materials prior to paving its interior road system and provided, further, such access may be interrupted as necessary to remove materials from the regraded slope, transport and deposit them in the area of the Smuggler mine tailings. 8. Centennial grants to Smuggler a 60-foot-wide access easement from Smuggler's property across Centennial's property to the planned road along and on the northeast side of Centennial's property (to be named Free Silver Court) and then over and across the roads to be installed on the property of Centennial according to the approved plat thereof to the existing public road system provided, however, that, should Centennial determine to realign or relocate its interior road system and obtain county approval for such relocation or realignment, Smuggler's right to use the interior roads of Centennial shall also be relocated to coincide with the roads as built as long as any such relocation still provides reasonable access to Smuggler's property in a manner consistent with applicable code requirements and specifications. The southeast sideline of the Smuggler access easement shall be no greater than 130 feet southeast of the existing culvert defining the north end of the piped section of the Salvation Ditch near the property line of the parties and extending 60 feet in width from such southeast sideline to the northwest. The center line of such easement shall be approximately perpendicular to the center line of Free Silver Court road and extend in a northeast direction from the Free Silver Court road to the Smuggler property as indicated generally on Exhibit A hereto. The costs of an access road and appurtenant or necessary support structures or culverts on such easement shall be paid by Smuggler. The road shall meet all Pitkin County or, if applicable at the time, City of Aspen road standards and specifications and shall include an adequate size culvert for the drainage way located to the northeast and parallel to Free Silver Court road. Upon construction, a legal description of such easement shall be prepared at Smuggler's expense and executed by Centennial and placed of record to specifically locate the easement granted herein. 9. Centennial will, at its expense, extend underground water and sewer mains and electrical lines within its development project to serve the development shown on the approved plat thereof. 10. Smuggler shall have an easement for and be entitled to connect to and use Centennial's water and sewer lines for the provision of water and sewer service to development on Smuggler's property for consideration of the payment of $66,000.00 to be paid prior to any such connection. The installation of any such connecting lines and the repair and replacement of any improvements and landscaping disturbed by the installation of such connection lines shall be at the expense of Smuggler. The water and electrical connections shall be made along and across the 60-foot access easement granted herein to connect to the nearest water main and electrical transformer. The sewer easement shall be north of building Q on Centennial's property and run generally from east to west to connect into the collection line in Spruce Street. In the event the designated utility easements are infeasible to serve Smuggler's property, Centennial shall have the right to reasonably designate another location of such easements, the points and times of connection to which minimize the disturbance of Centennial's property and improvements thereon or.the use thereof provided the designated locations are functional for the use of water and sewer and electrical line utilities to the Smuggler property. The payment agreed to herein is for compensation for the use of the lines installed by Centennial through its property and shall be in lieu of any line reimbursement fees otherwise collectible by the utilities and payable to Centennial and Centennial agrees to waive any such line reimbursement fees for such line extensions. Smuggler will pay the utilities for tap fees or similar connection charges made directly by the utility for its benefit. SMUGGLER DURANT MINING COMPANY CENTE NIAL PARTNERS, LTD. Recflrdod at o'clo^k_!_ to RaCepban No 2':1 573 r ; SILVIA DAVIS PITKIN COUNTY RECORDER �11'. MUTUAL ROAD AND UTILITY VAS Ft1I-NT AND ltlt;ll'r rIF KAY ,1(;HFF.MFNT FHUM tiPR11t'F tirRFF: -_ --JB =00"ST COPY T,+. SM110;1,I R MOUNTAIN RASE vit(wt-icri t-, WIT1ilFSS9-'rll, t it.,t 101F1Z1'A't, tht• II.trt 11••4 It,-rt•t11 -1r,• Ihr- ,+wne•ry „f I It It- to IAnil 4 In,.11ed ,tl the• latve of Smuygl,-r Motint aln, A4lv-n, 1111kin County, I'll Ihr• North,-rIy Iermtrlu4 of Spruce St reel. and th,• I-nd.,ir I+,tleelvd load mtnln,l claln, M S 61`159! and WIIEHFAS, .-.n•h of fit#- part ton lit -re -to d,•ntre4 to provide flit Inut rt.t I , non -err 1114.1 v,- roa.l .tnd tit I 1 I ty earteme-nt.s f..r each other arrn44 their tnd1v1duaIIy owned Iand4. Nt1W 111FIlt'FORF, In rr+r141dt•r.,1 Inn of 41rh mutual conhtderationn anc henr•f tt4, Ili,- part 1,•4 hereto -(rant and conve-y to each other a mutual, non-e-xr1u4Iv" in - fool wide roadway and utility easement Iy1fill 15 fee-t on t- tthe-r 41de, r,f the renter Iine of a road altgnme-nt. 4 more p.trtlrularly shown on the attached Exhibit "A" ao Map, as arct•44 t'.t4t-ment "It," .ind which easement is generally ,legrrlhed .14 fnI lows: r-ommenrin,l .11 the• Northerly #-fill of Spriwo Street at its 1 n1#-r -we e lun with the F:a41 1.'16 Itnn of section 7, Towr14111p 14) S kit 11, it.,rig e R4 We-4t, ()tit P.M., thence F..t41 e-r I )• ,it ill,- r„ad and ut 11 1 t y canement dnecr shed in tt,,.,k 5711 it I .t•1, 774-7R5, which is on Lhe South Bide of t ht. I I I., Sh.•rw +,•d patt!nte•d load minlnq claim, MS5304 A.M. .,nd thwh nnrroache-4 .wromn the North line of the .1.11. W, 111atn4 Cash -nt ry $21. .end wont tnuen East on the ('or., l.r•r p,,t#-fit.#-d load inlntnq rlatm, M S 5304 A.M. to the• acute angle turn tit the North. Including an access vamement wronn tht- .1.11. Will lama Canh Entry 121 41t•e.,tt I to the RF 114 of Section 7, 1',,wnnhtp 10 South, n.,wI,• 84 West, of the 6th P.M., Pitkin County, rnlor.tdo, betnq more- particularly described as follows: The North 10.00 feel of the J.11. Williams Cash Entry 121 an,, the- northeasterly 6 feet of the J.R. Williams Cash Entry 12. as shown hereon, rontaintnq 0.364 acres more or lens. Said easement being for the benefit of and appurtenant to the following lots: 1. Ella Sherwood - M.S. 5304 AM 2. Cora Lee - M.S. 5304 AM 1. Ballarat - M.S. 4430 4. Pride of Anpen - M.S. 7081 AM 5, t;erwral .larknon - M.S. 1921 6. IlarveI "F' an dese-1'tbed in Rnok I11, Page. 425 7. .1. R. Wtlll.,mn Cash Entry 121 an de4rrlbed to Rook 97, Page HO and Honk I11, Page. 425 R. (;lendale - M.S. 611119 9. Trot• Worthy - M.S. 1740 AM e EXHIBIT 1b --I4ft BEST COPY , ;(,u wru t. Fnr P11r1/n11,•N u( t h 1 � rlgrrrmr-Nil . flit. wnr+I "11t i 1 i ty" eh.t 1 1 r r,1 t1 ••lr•r't t•1r, t r •Irl,hunr .1nd r•,1hlr T.V. •+,•rv1+•,•, ,•lttier +d••r.rrnnn+l .+r in t,c,le-n, which v11.111 he In•,1.r1Ir•+1 in the rsghL rldr of th.• rn.1,1. .1n w.�l1 .iM n.ltur•11 •1.1fl c,n 1he-• r,Lhrr nsde of tile- r'"d. .1nd 4haII snr_Iwir. ,1r: se '- ,1,1 ? •wer nr•rvsce. Tnr e-mrnt ah.111 1n+dude' �.,i I ul 1 s r n,,..h ut t l s!_ nnr. tree: ma. .L.s • ^m • -mn com .;, Co. t#... ., any :•t,;ht COB, •.rt: .lkter u. tv i,nen A conwtructit) n cc) grq, with the )nrrpoFie that 9t A per unit uner hanln. Dt,,!nwed on a B. Any after-acyulred title In the e.,v,•m.•nt. and right of way acquired by either of the partien gh,ill .,ccrue to the 6eneflt of the other party or p.,rtles. This Agreement shall Inure to t.hf• benefit of and be binding upon the lit! trn, nuccensorn, assigns and personal representatives of the parrten hereto. Dated thin _ "^ day of May, 1989 FIDELITY TRUST BUILDING, INC. By 11�L G. M. Wllkln'r�prenldent (Seal) G. M. Wllklnnon, Individually SMUGGLER DURANT MINING CORP. �mc r_ 1`• r UY Phyllis Kot••en, President ISeal1 yr � p� r�• f.CKNOWLEDGEMENTS STATE'OF COLORADO ) ss COUNTY OF PITKIN ) e foregoing instrument wan acknowledged b--ore me on this day of May, 1909 by G. H. Wilkinson both individually 1�1 sident of Fidelity Trust Building, Inc., an Idaho carol Jan. chain i j TTo of Az"n a�a %cCnfsoinsion expires f »n.COstAtA L Q►Y 1 I C 3 J ix: i 'JnraX. ..s.....+'f ..r ..-_a .. ....ii..'+A..._.-t ... :`.«�,;1..,. r... ... nr.: t•.. BE* -IF o py 00 r�.:.i: i if !;' I:il� ' �i) I• i {'� :.r• ; .�I�r ; :r i 'lll I Ir ' �'lill 'I� ••'1 ' r.r ,'r ' I:'''11� '' '' •t'rlr: :� '' I '1 , Ill;r 1 i:�i r � I : I I'i !;i�:{! I !,�, "" :�r�:�1 !il�ii "�!�'� � r{•., t,! ' �Lr' Ir ::r I �• :�,i• ,1 Il��i�•ll�: r..,.. �r:., ;.,•; r' 'I .' i I• , , li :'`� ''�I�'i ��r::•:•. I ail ,i '� 1'.rl;, ' is r..,q.,,, 1: 'r it j�l i 1. �, . nrh !r: t.t �:i: ...ir.,i:�ir:1:l I•I:II'•I''�L:r�,"1�, ; I:'' 'i,'j 1 ;,I:I '•'�., u:'p:alril�. 'li,i•I i1�',' 1. 1. .. I I � .' � 1 i Ir 1 I I Ills r � 1 I' 11 POOR COPY .o%tk CJ 72 CD 11T1LITY EASEMENT AGREEMENT � wITNESSETH, that, WHEREAS Barbara Stormer. whose address i3 7094 Highway 82, Glenwood Sprinqs, Colorado 80601 (hereinafter "Stormer") is the owner of the followinq de'scribed real estate situate in Pitkin County, State of Colorado, to wit: All of Lot 17 in Section 7, Township 10 South, Range 84 WI'Sf. of the 6tn P.M., being northerly and easterly of th.• tract conveyed by instrument recorded in Book 131 at eac)e 425, excepting therefrom any portion of the Limn Lode Mining Claim, USMS 02120, and excepting all minerala and mineral rights lying below 500 feet from the surface of said lands; and, '4HEREAS, Aspen Mountain Construction, Inc. (hereinafter "AMC"), a Colorado .:�cporation, c/o Allen Lauer, P.O. Box 8557, Aspen, Colorado 81612 is the owner of the following described real property situate in Pitkin County, Colorado to wit: Pride of Aspen, USMS 07883, as described in patent recorded in Book 1.59 at Page 90; and, WHERFAS, Stormer and AMC wish to provide a non-exclusive utility easement for the benefit of Smuggler Durant Mining Corporation, a Colorado corporation, c/o Martin Kahn, Esq., 415 E. Hyman, Aspen, Colorado 81611. NOW, THEREFORE, for and in consioeration of the sum of 10 dollars ($10) and other good and valuable considerations, receipt whereof is hereby acknowledged, Stormer and AMC as to their respective interests in the subject lands, hereby sell and convey a non- exclusive, 15 foot wide utility easement unto Smuggler Durant Mining Corp,3ration described as follows. from Spruce Street along the southwest sideline of the Stormer land above described and continuing along and adjacent to the east sideline of the Pride of Aspen Claim to the south sideline thereof. For the purposes of this agreement, the word "utility" shall mean _ electric, telephone, water, natural gas and cable TV service, undergrounded in accordance with City of Aspen or Pitkin County and utility service company requirements, as the same may be applicable. The easement ;;hall include the right to install, ..aintain and repair such utility lines. 1 Q�x 572 riG� 73 It is a condition of thin naaement that the Grantee perform all installation, maintenance and repair work hereunder in a manner so as not to unduly impede the access to any connsr'tinq roads, trails or work areas during construction and shall reqrade if necessary the premises to maintain the unimpeded, adequate vehicular access to the name and shall restore and revegetate the surface in accordance with Pitkin County or City of Aspen applicable regulations and the same may apply. It is a further condition that the Grantee shall indennify and save harmlesc the Grantors from any damages, suits, claims and judgments arising out of such installation, maintenance and repair operations It may conduct on the said easement. This agreement shall inure to the benefit of and be binding upon the firs, succesnors, ansigna and personal ropreeentativee of the partios hereto. Dated this 1V day of �.� 1900. bARRARA STORMLR ff� ASPEN MOUNNT�AIN CONSTRUCTIO";, INC. Allen I ware Pros done ./ 1,: i` ... •r.•�-. F-77+-, 77 7_717 7.T _.+.�_�. _ ...._.,.,..,.., V1 7- '1 COUNTY RECORDER iI 1''; :Y A:;1..M1:1JV ANII I;[-:P1' ,rr 4AY AGJ?1:1'M;.t1T 'EST Opy no -if- 11, 1 i n t nutuaL I.:on:;idoraLions --t o 1! —t Ind convoy to ooch other 1'.,; - ly anvl nt I I i ty o-it;ements litot I I ne o t the Cx iot ing ,ltvi their Individually owned hinds. I in I Inc. her -by grants additional non- -u :41ti-r; I 1-r 1), 1 ra n t ;fining Corporation I ri I o r I a the Arkansas tunnel :,I rc.id on the Contraband. pre:;(-nt ly cla tmed by Pitkin County rn .1, this: .%qt­Pm.)nt, rotwithstandinq, shall 1),I-;t any tiny in the fut.ure when Pitkin I '!,, Im t o the rood .as a county or public 1,1 -1 I-n I OUnd to 110 -4 i thOL't right. f 11 1 i,j r-(,#,mvnt , thy word "utility" sha 11 mean Ilh-ii, : %h le 'j"7 service, o i ther underground or I 'h --ho 1 1 1— i I led on the right .;We or the road Is wf! I I:; natural r;.ls on uther side of the -,r—lit rh,w 1 1 1 tic 1,­-Je Lh,-, ;hint to Install, maintain I r ­j..- h tit: i I i t y I inns. ir,', iwrforminq rnwi, improvement::, maintonance or utility I I it. : f) r, I -pa i r heroundr.,r :.hal I conduct such work in i -i r:v,r i;n 11!4 tint to injivil., the access to any connecting coeds, a I I!; -) I w-, I, k a roa!; and :mall req rade, it necessary, the I � I'll I !'. I!!" o m-iint.lin the unimpeded, adequate vehicular access to th,i Furthor, ouch party -,hall iniin.mniry and sav,t harmless the other : --)- in-'; A in.vi,­., ­,tiit-!;, (Loins and judgments iri:-,ing out ( [ such i:­ipr%)%­rt,W- , 1 ;int-a I 1-it Ion, rop.iir and mainL.3nance operations it :i- I -, c o 11, 11;,-: " ­11 the -rimmon and rjqht-of-way on the -I; "mint %in Rood. r ti•�j -1.. COCK 572 r'.,GE 71 This .agreement shall inure to the benefit of and be binding upon the heirs, succossors, assigns and personal representatives ot. the parties hereto. Dared this day or F1 )E1,1TY TRUST BUILDING INC. By G.M.. Wilkinson, Prn�ldent G.M. Wilkinson, individually SMUGGLER DURANT MINING: CORP. arq Vent, Vic -Pros dent or duly authorized agent SV TE OF COLORADO ) ss. Coc my of Pitkin ) \ H i jtac� foregoAnq instrument was acknowledged before me on this 3j ax of 1108 by G.M. Wilkinson both individually anXas Prod dent of F delit ` A } �.,Tru3t Building Inc., an Idaho corporation. - •my commission expires (, ary .STI-TE OF COLORADO ) ) so. County of Pitkin ) The forego ng instrument was acknowledged before on his 'Z `i n� day of t I�.I . of the smuggler Durant Mining orp. My :ommission expires 1. i ,I Z •110 I � "+� T'yy1:^ITS•{1T•'Y'!i'-1��'�T�.�w�p R""rr-vow-."-t^.r^f 1 -.. .�. ... �... _ .. F. .�... - - r Aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 1-26-90 John R. Wedum 616 E. Hyman Aspen, Co. 81611 Tele. i303) 925-2537 RE: Smuggler -Durant Mining Corp. Alpine Surveys Job 80.39-2 Map 4 Dear John, At the present time the Aspen Consolidated Sanitation District has adequate capacity at the wastewater treatment facility and in the collection system to serve this project. This proposed project will require a rebate to the developer of the Centennial housing project. An on site collection system will need to be constructed and paid for by the developer. This system will need to be built according to District specifications, deeded over to the District upon completion with a bill of sale and easements granted and recorded. A plan check fee of $1200.00 will need to be deposited with the District when the plans and profiles are submitted as well as a fee to be placed in escrow for subsequent field inspections. These steps can be automatically taken care of if the owner contracts directly with the District engineer, A.J. Zabbia of Leonard Rice Water Engineers ce lKZe Thomas Rell Collection Systems Su erintendent cc A. J. Zabbia EXHIBIT G � h CITY OF ASPEN Vz, PRE-APPLICATION CONFERENCE SUMMARY PROJECT : ��E l�LQ ��i v � �.� r_ ✓ l �' " APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: �- /176-1 OWNER'S NAME: SUMMARY Q 1. Type of Application: gi p , i`�'��-fn� �►+ 4 2. Describe action/type of development being requested: �3,je) ,36:/FW f 3. Areas is which Applicant has been requested to respond, types of reports requested: 4. 5. 6. 7. 8. 9. Policy Area/ Referral Agent Comments Review is: (P&Z Only) (CC Only) P&Z then to CC) Public Hearing: YES . !(NO) �� Number of copies of the application to be submitted: What fee was applicant requested to submit: �Al >D f Z2S,4 SS C N Anticipated date of submission:�r�� COMMENTS/UNIQUE GO'1NCERNg: d frm.pre_app EXHIBIT H VACA14T AND U11DERL'UI1;f PARCELS I-11 THE ASPEN AREA 1. Moore Property #1 25. Ute City Place 2 . Moore Property Ik 2 26. Last Hopkins Ali Site 3. Thomas Property 27. Alpine Lodge 4. Willoughby Ponds 2£3. Crestahaus 5. Bayer Property 29. Ute Avenue All Site G. Aspen Meadows 30. Benedict Gravel Pit 7. Bavarian Inn 31. The Preserve 8. W. Hopkins All Site 32. Smith Parcels 9. Christiana Lodge 33. Deane T Lazy 7 10. Boomerang Lodge 34. RFL&C 11. St. Moritz Lodge 35. Base of Highlands 12. Limelight Lodge 36. Castle Creek Ranch 13. N.E. Corner, Aspen & 37. Owl Creek Ranch Durant 38. Last Owl Creek Ranch 14.' GO1 S. Aspen 39. Mitchell Property 15. Austin All Site 40. IIines Property 1G. Mine Dumps Apartments 41. Pfeiffer -Property 17. Skier's Chalet 42. Pfister Property 13. Top of Mill 43. Eagle Pines 19. Kraut Property All Site 44. Pfister PUD 20. Bell Mountain Lodge 45. Capitol Property 21. Community Center 46. 'Lolinc Property 22. Mocklin Property 17. Paepcke Parcels 23. Rubey AII. Sitc '113. McBride Property 24. Smuggler/Durant Property 00urce: Alarl 1771. u . TABLE 1 SUMMARY OF RESIDENTIAL AND LODGE UNIT GROWTH POTENTIAL IN NPA's NPA Unit Total as of 12/31/03 Growth from 1964 through 1909 Remaining Residential and Lodge Unit Growth Potential A. Snowbunny 287 67 51-77 B. Meadowood 201 24 186-206 C. Red Mountain 177 30 90-126 D. West End 684 51 120-159 E. Shadow Mountain 881 32 204-229 F. Commercial Core 512 86 71-118 G. Aspen Base 1205 262 151-196 H. Smuggler 808 258 256-279 I. East End 1006 74 117-208 J. Mountain Valley 193 15 25-45 K. Roaring Fork East 46 11 49-61 L. Castle/Maroon 163 -39 483-810 M. Owl Creek 38 5 161-251 N. SH 82 Corridor 343 5 319-421 Total Planning Area 6544 881 2283-3186 Source: Alan Richman Planning Services, January, 1991, based on data included in the report "Existing Conditions in the Aspen Area", August, 1984, updated through building permit reports. See text, Section III. C. 3. for explanation of factors involved in this analysis. 72 TABLE 2 TABLE 4.1 Dimensional Requirements criterion AH Zone 1. Minimum Lot Size 3,000 sq.ft. 2. Minimum lot area/unit: (Multi -family dwellings on lots greater than 27,000 sq.ft.) 1 bedroom 2 bedroom 3 bedroom 27,000 sq.ft. 1,250 sq.ft./unit 12 units = 15,000sq.ft. Proposal 554,450 sq.ft or 12.7 acres 130,680 sq.ft. or 3 acres 2,100 sq.ft./unit 10 units = 21,000 sq.ft. 3,630 sq.ft./unit 6 units = 21,780 sq.ft. 4 bedroom 4,630 sq.ft./unit 6 units = 27,780 sq.ft. Subtotal 34 units = 34 units= 85,560 sq.ft./ 1.96 acre 130,680 sq.ft./3.0 Detached Residential Dwelling 3,000 sq.ft./lot 3 lots=20-22,000sq.f 13 lots=12-15,000sq.f 16 lots total-9.7 acr Minimum lot area total 54 units = 54 units= 145,560sq.ft. 554,450 sq.ft. or or 3.34 acre 12.7 acres TABLE 3. Table 4.1 3. Minimum Lot width 4. Minimum Front Yard 5. Minimum Side Yard 6. Minimum Rear Yard 7. Maximum Height 8. Minimum Distance between Buildings 9. Open Space 10. External FAR Detached residential dwellings (9,000 + sq.ft.lot) page 2 30' 60' -75' 10, 10, 5' 51 5' 51 25' (251SF units) 301(by special review) (301TH units) 5' 10, Special Review 3,660 sq.ft.FAR/lot 3,660 sq.ft. Multi -Family .36:1 11. Off Street Parking Special Review FAR /lot (12-15,000 sq.f min. lots) 47,045 sq.ft Total FAR 1.5 spaces/employee 2.0 spaces/RO and F TABLE 4.2 Development Data Number Unit Type/Category Employee Units: 12 1 bedroom townhouses/Category 1 10 2 bedroom townhouses/Category 2 6 3 bedroom townhouses/Resident Occupied 6 4 bedroom townhouses/Resident Occupied 2 3 bedroom SF houses/Resident Occupied 2 4 bedroom SF houses/Resident Occupied Subtotal Employee Freemarket Units: 8 3 bedroom houses 8 4 bedroom houses Unit Size 400-500 sq.ft. 750-900 sq.ft. 1400 + sq.ft. 1600 + sq.ft. (2,000 + sq.ft.) (3,660 sq.ft.) 38 (70%) 88 bedrooms (61%) 3,660 sq.ft. 3,660 sq.ft. Subtotal Freemarket 16(30%) 56 bedrooms (39%) TOTAL 54 Units(100%) 144 bedrooms(100%) TABLE 4 I m n �mooua zn i _ 4�o nn TD �a P � Q oyOb NI LJ L.JLJt �44 OIL Q o o0 no M DE M .A D as no ao Doi 0 / I.iJA14 (t �:111 Danot�aa o MIUD 17 11 - Zr s�u�0000�qu aall�o 0o I ,,, ; r 0/ OoM400flo00 1 d , a� j - ( L-O CATION A P FIGURE 1\\\ V TO: FROM: RE: DATE: I rIDINOTi`.iOlin Planning and Zoning Commission Kim Johnson, Planning Office William Ranch AH Zone Project - Worksession #2 April 21, 1992 The Williams Ranch project was reviewed by the Planning and Zoning Commission in a worksession setting on February 18, 1992. Staff presented several areas of concern in a memo of that same date. During the worksession, discussion fell into the following categories: applicability of affordable housing at this location, access, housing mix and resident occupancy restrictions, timing of construction of affordable units, and open space. Attached is a summary of that first worksession meeting. Since P&Z's meeting, the applicant sought a worksession with City Council. Council however declined in favor of having the Commission work through preliminary issues with the applicant. This second worksession was scheduled to review the project as amended since February 18. The applicant seeks P&Z comments prior to going to the drawing board to develop the actual plan for submission. The applicant's design team has submitted a revised site plan (attached) which attempts to address the concerns expressed in February. Please refer to the blueline print and letter from Gary Wright. This revised plan retains access from three points: Smuggler Road, Spruce Street, and through the Centennial complex via Brown Lane. Overall density has been reduced by 10%. They have proposed 17 employee lots at 4,500 s.f. each and 2 resident occupied lots. The townhome configuration has changed to 4 - fourplexes. The proposed deed restrictions are: four Category 1, six Category 2, and six Category 3 units. Fifteen free market lots are shown. Staff believes that this proposal makes good headway with the P&Z's concerns regarding housing types, categories, and blend of lot sizes and locations to reduce the perception of an affordable housing "ghetto". It is noted that for the most part, the open spaces still lack suitable size for family -oriented users. The largest area indicated (to the left of the townhomes) is approximately i6,000 s.f. or fourplexes seems somewhat rigid, this plan is very schematic in before actual plan submission. .38 acre. The layout of the but as indicated by the applicant nature and will evolve further Regarding access, the applicant has indicated during conversations with staff that the Spruce Street access is still being reviewed for legal access. They still firmly believe that this project may utilize Spruce Street and have included lot access onto Spruce for three of the free market lots. The applicant has met with County staff in a pre -application conference for 1041 Review of the Smuggler Road access improvements. At this point, the 1041 Review has not been scheduled before the County P&Z. According to Gary Wright in his April 14, 1992 letter, there appears to be little problem using the repository site from the point of view of the Environmental Protection Agency. cc: Dave Tolen, Housing Authority Suzanne Konchan, Director of County Planning Aspen Planning and Zoning Commission Summary of February 18, 1992 Workshop Williams Ranch Affordable Housing Subdivision Attached is the 2/18/92 Planning memorandum outlining three main issues for the Commission's consideration. The following notes summarize the Commission's comments on these issues. The Commission lead into these items with a general discussion of the appropriateness of affordable housing at this location. The majority of the Commission "feels good" about a project of this type mixing affordable housing with free market housing development. Specific comments include: "housing for locals is preferred", "need small freestanding units with little yards, sidewalks", "this plan is not interesting or creative", "positive that the private developer is doing affordable housing", "this area has absorbed an inordinate amount of the City's affordable housing". Specific to the issues outlined in the staff memo, the comments were: Access: In summary, the Commissioners were skeptical of the workability of the Smuggler Road proposal. Concerns were the steep, tight configuration of lower Smuggler Road, the pedestrian and bike use of the same roadway, and the link to Park Ave. which is problematic due to the Smuggler intersection and constraints of lower Park Ave. Strengthening the mass transit to the employee units was emphasized. RFTA service to Brown Lane within Centennial, and a transit coalition of residents in Centennial, Williams Woods, Hunter Creek and this project was suggested. Walking a quarter mile with groceries is not reasonable to expect of locals or free market owners (free market people probably won't use the bus no matter how close it is.) Two neighbors spoke up about the proposed Spruce St. access. One reasserted that this project does not have access rights above Spruce St. and would object to any increased traffic on Spruce. The other stated that people do not respect the no parking signs on Spruce now, not enough people in Hunter Creek use the bus, and upper Spruce shouldn't be paved. Housing Mix: Dave Tolen of the Housing Authority noted that the Housing Authority Board wanted to see fewer category 1 and 2 units and only one or two Resident Occupied townhomes in this project. Their concern was that the units would loose affordability. The general consensus of the Commission was that a wide range of housing types must be provided including Resident Occupied opportunities. A "neighborhood feel" was stressed as important to a project of this type. Small lots for local's housing was discussed. Timing of the Affordable Units• The Commission recognized the importance of when the affordable units come on-line in relation to the free market component of the project. It was suggested that l' C certain free market lots could be held in escrow by the City until portions of restricted housing were completed. Open Space: It was pointed out that the open spaces as proposed were small and disjointed, therefore ineffective. A PUD overlay would allow for clustering of structures and improvements to open space. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson, Planning DATE: February 18, 1992 RE: Williams Ranch AH Development Site Visit and Worksession ----------------------------------------------------------------- ----------------------------------------------------------------- Introduction: This project is the subject of an annexation application which will be heard at the March 9, 1992 City Council meeting. A public hearing is scheduled on March 17 before the Planning Commission on the zoning of this parcel to AH Affordable Housing. Prior to the Commission's formal consideration of zoning to AH, the applicant and staff would like to discuss the development concept currently being considered by the applicant. This workshop setting will give the project team a better feel for issues important to the Commission before discussions in a public hearing forum. Project Description: The site is approximately 12.7 acres located on the bench and hillside above the Centennial multi -family housing project. Please see attached application package for location information and conceptual site plan / subdivision layout. The parcel is currently in the County with R-15 PUD and AF-1 zoning. The applicant requests zoning the land to AH Affordable Housing, which allows a mix of up to 30% of the units to be free market, exempt from growth management competition. The proposal consists of affordable housing in the form of 34 townhouses (1,2,3 and 4 bedrooms, at categories 1,2 and resident occupancy) and four single family lots (resident occupancy). The free market component consists of 16 single family lots. Surrounding land uses include the 140 unit Centennial employee housing complex to the west and south, the Smuggler Mine to the southeast, 3-4 large lot residences to the north, and undeveloped open space up the mountain to the east. The plan calls for three access points via upper Spruce Street, through the middle area of the Centennial complex, and from lower Smuggler Road. Worksession Issues: For this worksession, staff has prepared the following list of the issues that we have considered regarding this site and the proposed development: Roadway access: The access issue is of importance because of the proposed densities. Three access points are delineated to disperse ingress and egress throughout the surrounding neighborhoods and to provide looped roadways to facilitate emergency access. For the Spruce Street access serving the single family lots, the applicant has indicated that an access easement exists from the end of upper Spruce and along the northern boundary of the Centennial site. Staff has received comments from two neighbors who use this access easement. They assert that the Williams Ranch property has no right to this easement. The applicant is seeking an opinion from the City Attorney regarding the wording of this easement document and whether it gives access rights to the proposed development. The Centennial access is proposed through the center of the complex at the upper end of the Teal Court parking area. The Williams Ranch parcel has a non-specific access easement through Centennial. Staff is concerned that the traffic for the multi -family portion of Williams Ranch is drawn through the parking lot of an existing dense residential project. The applicant is urged to consider other location options within the allowances of the Centennial access easement. The Smuggler Road access is shown coming off of the third switchback on lower Smuggler road. The applicant is seeking access easements across the upper portion of the County owned Molly Gibson Park. An obvious concern of staff is that the park is designated as the EPA repository for contaminated mine soils. The proposed road is above the actual containment area but still within the EPA site. The Smuggler Mine is upslope from the park. According to the applicant, access across the bench through the park land is sought to reduce visual impact of a road cut. They state that the land on Smuggler Mine property is more sloped and would result in a larger, more unsightly road cut. Bud Eylar, the County Engineer has indicated that the Board of County Commissioners will discuss the Smuggler Road access at a worksession on March 2, 1992. The issues to be discussed are the following: 1) use of County park land for access to a residential development; 2) use of lower Smuggler Road by the proposed residential densities and the road's substandard grades and switchback radii; 3) Smuggler Road as a designated scenic roadway and limitations on improving it to levels required by proposed development; 4) increased use of Smuggler Road (and any potential improvements) may spur development pressure on Smuggler Mountain. Additionally, if access through the park is found not to be an option, the County must determine what level of access is allowed by right through the Smuggler Mine property. Housing types and restriction categories: The total estimated population of this proposal is 148 residents, with approximately 92 generated by the employee units. The Housing Authority Board has discussed the proposal and has made recommendations to the applicant and staff. Their major concerns were the high density as proposed and the need to create quality housing for families. The Board suggested that the applicant provide category 4 lots for single family and/or duplexes. They were not in favor of creating more than one or two resident occupied lots. They also expressed N that fewer category 1 townhouses be included in the mix, and that they were not very interested in townhouses restricted to resident occupancy. Planning staff believes that the current configuration acts to segregate employee housing into the townhouses. The applicant feels that providing a majority of category 1 and 2 units is the most appropriate for current market demands. Dave Tolen from the Housing Authority will be present at the worksession. Open space and visual impacts: The AH zone requires that open space for building sites is established by special review. As proposed, staff believes that this project lacks open space in tracts large enough to be viable activity areas for the intended family users. This is especially true considering the affordable units are relatively dense townhome clusters. Staff likes the concept of placing parking behind the multi -family buildings which gives open exposure to the south. The application states that the project will be working to develop links to the existing tails system. The Salvation Ditch runs through the parcel and is shown to be manipulated into a water feature within the townhome area. The townhomes are clustered on the fairly flat bench in the lower portion of the Williams Ranch development. The topography rises as steeply as 26% upslope from the townhomes. The 20 proposed single family lots are fanned out behind and to the sides of the townhomes. Staff is concerned that maximum buildout of these lots will create a visual "wall" along the hillside, being very visible from downtown. It is recommended that clustering lots and varied setbacks around open spaces be considered to reduce the "wall" effect. Other concerns: Staff has proposed that the applicant strongly consider requesting a PUD overlay along with the rezoning to AH. This would allow for a list of variations, including building envelope setbacks especially applicable to the single family lots. As this is the second private sector AH project with a deed restricted/free market mix, attention should be given to the issue of timing of the affordable components. The AH zone language in the Code is silent on this subject. Options might be (but are not limited to) tying issuance of building permits of free market homes to deed restricted building permits on a percent phasing, tying restricted building permits to free market lot sales on a phased basis, holding free market lots as security for affordable development, or developing all deed restricted housing up front. Recommendation: Staff recommends that the Commission discuss the development concepts of this project in order that the applicants readdress the proposal in light of the Commission's areas of concern. 3 TO: Kim Johnson, Aspen/Pitkin Planning Office FROM: Gary A. Wright DATE: 14 April 1992 RE: City of Aspen - Planning & Zoning Work Session Williams Ranch Revised Conceptual Site Plan This memorandum is given for review by the City of Aspen Planning & Zoning Commission prior to their April 21, 1992 meeting. Accompanying this memorandum is a revised Conceptual Site Plan. The locations of the roads, lots and townhouses are approximate and subject to minor adjustment to facilitate topography and geography. The present proposal was created in response to the Work Session with the Planning & Zoning Commission on February 18, 1992. The current proposal is for a total of 50 units which constitutes a density reduction of over ten percent (10%) from the previous proposal. The currently proposed mix is 15 free market lots, 2 resident -occupied lots and 17 employee lots. Consistent with the suggestions made by the Planning & Zoning Commission at the last meeting, the employee lots are approximately 4,500 square feet each. It is believed that a "zero lot line" approach would be appropriate. The present site plan calls for building four, four-plex employee townhouse units. The presently proposed mix is 4 Category One, one -bedroom units; 6 Category Two, two -bedroom units, and 6 Category Three, two -bedroom units for a total of 16 separate townhomes. The present configuration calls for access for 3 free-market lots from Spruce Street. It calls for access to the 16 employee townhomes from Brown Lane or Smuggler Mountain Road. Access to 11 free-market lots, the 2 resident - occupied lots and the 17 employee lots is proposed from Smuggler Mountain Road. Recent conversations with the Environmental Protection Agency indicate that arrangements can be made for an access road to cross the repository site. In the alternative, it is physically possible to access these homes via Smuggler Mountain Road, but above the repository site. Either access will require county approval and an access easement across Pitkin County land. Density for the Williams Ranch, if approved and annexed, would be 50 units on 13.7 acres for a density of 3.9 units per acre. Considering that this development is part of a 42 acre parcel with one building right on the remaining approximately 28 acres, the total density would be 1.2 units per acre. Compare WAW\JOHNS M0.413 MEMORANDUM: FROM: Gary A. Wright DATE: 14 April 1992 RE: City of Aspen - Planning & Zoning Work Session Williams Ranch Revised Conceptual Site Plan page 2 this to Centennial, 17 acres and 238 units for a density of 14 units per acre; or Hunter Creek, 16.3 acres and 282 units for a density of 17.3 units per acre; or Midland Park, 4 acres and 37 units for a density of 9.25 units per acre; or Lone Pine, 2.95 acres and 40 units for a density of 13.3 units per acre. Consequently, it is appropriate to conclude that the proposed site plan for the Williams Ranch is appropriate as a transition from the Centennial project to the relatively steep and undeveloped lands which border the proposed annexation property. Subject to obtaining direction from the Planning & Zoning Commission, the applicant must meet again with the Aspen/Pitkin Housing Authority for a Work Session to review a conceptual site plan with them. Then it is anticipated that the applicant will begin a joint land use application simultaneously through the City and County process. Gary . Wright, attorney for the Applicant GAW/mf enc. WAW\JOHNS MO.413 WILLIAMS RANCH ANNEXATION PETITION Submitted by: Stefan R. Albouy For: Smuggler Durant Mining Corporation Date: 2 December 1991 Consistent with the requirements of the Municipal Annexation: Act, C.R.S. § 31-12-101 et. seq, Smuggler -Durant Mining Corporation, the owner of certain real property located in Pitkin County, Colorado, adjacent to the C,:ty of Aspen, petitions the City of Aspen for annexation. The following information is provided as follows: a. Exhibit A "Request for Annexation" indicates that the landowners of 100% of the area are petitioning the City for Annexation. b. The Petition submitted to Katherine Koch, the City Clerk, includes the following: 1) It is the belief of the owners that it is desirable and necessary for the Williams Ranch property to be annexed. 2) The eligibility requirements are met in that the size of the parcel is less than twenty (20) acresl and has a contiguous border of more than one -sixth (1/6)2 of the total perimeter of the property with the current City of Aspen city limits. 3) The single signer of the petition, Phyllis Koteen as President of Smuggler -Durant Mining Corporation, is the sole landowner of all of the land proposed to be annexed. 4) The applicant hereby requests the City approve the annexation. 5) The signer, Smuggler -Durant Mining Corporation tas a mailing address in care of Gary A. Wright, Wright & Adger, 201 North Mill Street, Suite 106, Aspen, Colorado 81611; and the legal description of the property is attached to this application as Exhibit "B" and incorporated herein by this reference. The date of signature is 9 November 1991. 1 CRS § 31-12-105(1)(b). 2 CRS § 31-12-104(1)(a). WILLIAMS RANCH ANNEXATION PETITION Submitted by: Stefan R. Albouy For: Smuggler Durant Mining Corporation Date: 2 December 1991 6) The undersigned, Gary A. Wright, a duly licensed Colorado attorney at law, attorney registration no. 100':8, certifies that the notarized signature of Phyllis Koteen ::or Smuggler - Durant Mining Corporation is valid and that he has the authority to submit this petition. C. Attached are four copies of the Annexation Map, which includes: 1) The legal description of the proposed area to be annexed. 2) The map shows boundaries of the area to be annexed. 3) Within the map, all lands shown are owned by Smuggler -Durant Mining Corporation. 4) The contiguous boundary is shown in red. d. The singular signature is dated 9 November 1991 and consequently is less than 180 days old. e. The applicant requests that the City Clerk issue a finding of compliance and refer this petition to City Council so that City Council may determine that the petition is substantially in compliance, all as required by the Colorado Annexation Act. f. The applicant requests that the City Council make the following findings of fact by Resolution. The applicant requests that the City Council find that the petition: 1) Meets all requirements. 2) That no election is required. 3) And make the necessary considerations for zoning the Williams Ranch property as AH. 2 WILLIAMS RANCH ANNEXATION PETITION f Submitted by: Stefan R. Albouy For: Smuggler Durant Mining Corporation Date: 2 December 1991 The following information is submitted to the Planning Department as required by the letter from Diane Moore dated September 4, 1991. 1. Name of Annexation: Williams Ranch Name of Property Owner: Smuggler -Durant Mining Corporation Person to Contact: Gary A. Wright 2. Size in Acres: 12.7, more or less. Legal Description and Boundary Map: attached as Exhibits "B" and "C" and incorporated herein by this reference. 3. The Special Districts which the property proposed to be annc:xed is now a part of are attached as Exhibit "E" and incorporated herein by this reference. 4. There are no residents at this time of the land proposed for annexation. 5. The intended use and development of the property is within the City of Aspen Zone District Ali. An application for All Zone approval has been concurrently submitted to the Aspen\Pitkin Planning Office. 6. The following complies with the requirements of C.R.S. § 31-12-108.5 and addresses the Impact Summary Report required. a. A Vicinity Map is attached as Exhibit "D" b. There is no Pre -annexation Agreement. C. A letter is attached as Exhibit "F" from Banner and Associates regarding the plans of the mun'_cipality for extending to or otherwise providing for municipal services. This issue is discussed in det�Lil in the Ali Zone submission package. 3 i WILLIAMS RANCH ANNEXATION' -PETITION Submitted by: Stefan R. Albouy For: Smuggler Durant Mining Corporation Date: 2 December 1991 d. It is the understanding of the applicant that the applicant will pay all expenses for extending municipal services to the area annexed and that the City of Aspen will have no financial liability whatsoever. e. The Special Districts which the property proposed to be annexed is now a part of are attached as Exhibit "E" and incorporated herein by this reference. f. The applicant estimates that the tota:_ number of residents when the Williams Ranch annexation is fully developed will be one hundred forty-eight. Based on the type of development being proposed including free market lots and both employee housing and resident -occupied units it is estimated that there will be between 20 and 35 children attending grades K-12. DATED: , 2 " C.,, 1 Submitted for Smuggler -Durant Mining Corporation by Wright & Adger: WAW\ANNEX.PET 4 Gary A. Wright Wright & Adger 201 North Mill Street, Suite 106 Aspen, Colorado 81611 telephone: 303-925-5625 facsimile: 303-925-5663 WILLIAMS RANCH ANNEXATION PETITION EXHIBITS SUMMARY Submitted by: Stefan R. Albouy For: Smuggler Durant Mining Corporation Date: 2 December 1991 Exhibit "A" is the "Request for Annexation". Exhibit "B" is the legal description of the property. Exhibit "C" is the Boundary Map. Exhibit "D" is the Vicinity Map. Exhibit "E" is the Special Districts List. Exhibit "F" is a letter from Banner and Associates regarding the plans of the municipality for extending municipal services. WAW\ANNEX.EXH R I . ` REQUEST FOR ANNEXATION Phyllis Koteen, as president and authorized agent of Smuggler Durant Mining Corporation, a New York corporation, hereby states and affirms: A. Smuggler Durant Mining Corporation hereby requests that certain undeveloped lands known as the Williams Ranch owned by it be anne::ed into the City of Aspen. B. The land to be annexed consists of fourteen acres more or less known as the Williams Ranch and more completely described by metes and bounds on exhibit A attached hereto and incorporated herein by this referenc,:. C. Smuggler Durant Mining Corporation requests that the lands to be annexed be re -zoned to the AH zone district. D. I affirm that Smuggler Durant Mining Corporation is th3 sole owner of One Hundred percent (100%) of the property for which this annexation and re- zoning request is being made. E. I confirm that Stefan R. Albouy has the authority to suomit any and all documents and instruments necessary, including but not limited to a Petition for Annexation, for and in behalf of Smuggler Durant Mining Corporation to annex and re -zone the Williams Ranch. Dated: II f 1l`�1 Smuggler Durant Mining Corporation Phyll�s Koteen, President County of Pitkin ) ) ss. State of Colorado ) The foregoing instrument was executed before me this ��day of November, 1991, by Phyllis Koteen as president of Smuggler. Durant Mining Corporation. Witness my hand and official seal. My commission expires: y1,161V 3 S EA1. r! WAN\ANyEX.AP -� Ji Notary Public EXHIBIT A Form No: 1343 (CO-90) ALTA Plain Language Commitment c�UMIUil�rlvl[r��f� t i:�I�t _�_i�I�I [� I�JSUIt�iI'�lCI_ 1`;:;III I) i;Y t3gent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE GOMPANY, referred to in thisCornrnilment -is the Company, through its agent, identified above, referred to in thisAgreemenI as the Agent, agrees tc issue a policy to you according to, he terms of this Commitment. When we show the policy aineUnt and � our name as the proposed insured in Schedule A, this Commitment becomes effective as of theCommiIrlent Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six monV is after theCom- mitment date, our obligation under this Corn mitinent will end. Also our obligation under Ihis Commitment will end when the. Policy is issued and then our obligation to you will be under the Po'icy. Our obli jati )n under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule 0-1. The Exceptions in Schedule D-2. The Conditions on the reverse side of this page This Conuni ment is not valid without SCI-tL01-1I-I: A and Sections 1 and 2 of SC,-IEDULE Q. First American "Title Insurance Cwnpan_v BY BY � ; ECRETAny By � �, C001111 11`"k it'll 1) EXHIBIT LJ Alpine Survey Job # 91-77 WILLIAMS RANCH ANNEXATION LEGAL DESCRIPTION A tract of land situated in the Northwest Quarter of the Southeast Quarter of Section 7, Township 10 South, Range 84 West of the sixth principal meridian, being a portion of those lands patented by J.R. Williams on October 28,1902, Pitkin County, Colorado,more fully described as follows: Beginning at a point on the East-West centerline of said Section 7 and also on the Della S Compromise Line whence the center of said section 7, a B.L.M. brass cap dated 1978, bears N 88 53' 06" W 311.35 feet; Thence S 88 53' 06" E 650.29 feet along said centerline; Thence S 33 57' 00" E. 551.15 feet to the intersection with the West line of U. S. Mineral Survey No. 7883 AM, Pride of Aspen,identical with the North -South 1/16 line of the Southeast Quarter of said section 7; Thence 500 01' 54" E 510.63 feet along said West Line and then along said 1/16 line; Thence 55 41' 35" W 238.92 feet to the intersection with the Della S. Compromise Line; Thence N 34 18' 25" W 1350.00 feet along said compromise line to the point of beginning; Containing 12.683 acres, more or less rorm 1766-n Comrnlrrnunt, Srhuctuln n Wright & Adder, P.C. Attn: Gary Wright, Esq. 201 North MI I I Street, //1,06 Aspen, Co 01611 SCFICDULE A Cus Inner Roforence No. Smuggl or-Dur an i/AI bolty 1. Effective Date: Apt- 11 3, 1991 at 7:00 A.M. Commitment No: 40133 1—C 1;R/Jp 2. Policy or Policies to he issued: (a) ❑ AL_TA Owner': Policy Proposed hlSllred: STFFAN R. AI-ViOUY (h) ❑ ALTA Lorin Policy Proposed Insured: SMUGGLER-DURAt,1T MINING CORPORATION, a New York corporation (c) ❑ Amount I: 1 , 000, 000.00 :I; 1,200,000.00 3. The rotate or interest in the land described or lefe; red to in this cnnunitment and covered herein is fee simple and title thereto is at the, effective date hereof vecacrl in: SMUGGLE R- DURANT MINING CORPORAT i Oh, a Now York corporation 4. The land referred to in this commitment is LEGAL DC-.SCRI Pl-ION SET FORTH ON SHEET ATTACIIED HERETO AND BY TI I I S REFERENCE INCORPORATED HEREIN AND MADE A PART IIERECF, Owner's Premium: 30,385.00 Lender's Premium: S 50.00 Add' I Charges: 1 Tax Corhl f Icato: $ 10.00 TOTAL CIIARf FS: $ 3,435.00 CC's -Io: Wr Ight R Adgor, P.C. Martin Kahn, E sq. ATC-Escrow Ordo o. 401331.-C Mat 1.D. // �aIEDULr_ n (continued) Covering •the Land In -Ihe S-t�vlo of Colorado, Coun-ly of f I II<In, Described a- fol lows: Al I that portion of -the Sodheast 1/,, of Section 7, Township 10 Sou-1-1 , Range 84 West of the Gth f . M. , Including parr, of -1 he DE17 I NANCE LODE (M. S. #1414) ; J.C. JOfNSON LODE M.S. CHATT"IELD LON (tuts. i11462); SMUCCUr;. LOar_ (M. S. //1656) ; EMMA LODE (M. S. 112.12.0) ; Trur_IroR'rl IY i_OD(: (h1. S. //3 74 O) ; P RKANSAW LODE (M. S. #8394) ; GENERAL JACK SON 1 0DE (h1. S. /"394 1) ; ACCIDENT LODE (M. S. #5835) and the CI_ENDALE LODE (h1. //'6859) mono par ticul ary described as foi lows: Commencing at The center of said Sec,-1 Ion 7; thence S 88'53rOG" E, along -[Ile Nor-1-h I Inc of said Southeast 1/4; a distance of 311.35 fool' to tho True r'olnt of Deglnning; thonco con-l-(nuing S 88'5310611 E, along The Nor-Ih line of Bald Soulheast 1/4, a d r stance of 650.2.9 feet; thence S 33°57100" E, a dIstance of 551.15 foot; thence S 00°0115411 E, a cllsPanco of 2G4.63 feo-1 ; -thence N 75°41 r tar' E, a di stance of 176.96 feet; thence N 330571001' W, a distance of *77.12 feet; thence S 5600310011 W, a d I stance of 19.00 feet; ihenco N 33°57100" W, a distance of 119.64 feet; -thence N 5504310011 E, a d I stance of 923.31 foot; thence S 34°17100" E, a d stance of 999.70 feet; -thence S 56°29146" W, a distance of 1448.27 feet; -thence N 34'27 r 1 1" W, a d l stanco of 293.17 feel -to -the Sou l hea5 l corner of i he 1,111 1/4 SE 1/4 of sald Section 7; thence N 34"18125" W, a distance of 1696.96 feet -Io tho folnt of lloglnning. i r nrnp 1766 •.1t+1 ComrWIF11611t, SdIdduto n-1 SCI IEDULE 13 - Section 1 On 401331-C Reauircrnents The following are the requirements to he complied with: Item (a) Payment to or for the account of the grantors or numgpgors of the full consideration for the estate or interest to be insured. Item (b) Proper instrurnent(s) creating the estntsr or interest to he insured must he executed and duly filed for record, to -wit: 1. Duly certified copies of Palen-ts issued by 1ho United States of America and covering -tiro following described Lode Mining Claims: a.) DEFIANCE Lode Mining Claim (U.S. Minoral Survey No. 1414) NOTE: Upon compliance with the above req u l remont additional roqul romonts may bo necessary. 2. Dood from Smugglor-Durant dining Corporation, a Now York corporation to a Stefan P. Albouy. NOTE: Duly oxocuted real proporly Iran :for doclaratlon, exocutud by either the Grantor or GranToe, -Io accompany 'The Dood monfloned above, pursuant- to Arficlo 14 of Ilouso Bill No, 1288 - C11A 39-14-102. 3. Dood of Trust from Stofnn R. Albouy to 1ho Public Trusloo of Pi''kln County for the use of Smuggler -Durant Mining_ Corporation, a Now York corporation, to secure $1,200,000.00. 4. Evidence satisfactory to the Company or Its duly authorized agora either (a) that the "real estate transfer -taxos" Imposed by Ordinance ido, 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado havo boon paid, and thal 1ho lions imposed h ereby have boon fully satisflod, or (b) thaf Certificates of E_xemp-tion have boon issued pursuant to the provisions 'Thereof. Folly) I75G. ❑, (Modifiml 1/114) Coll mllnmot, Srhodille'n-? Colorado, Order No, W1 3 31—C SCHEDULE- U - Seclion 2 Cxc(--Ptions Thepolfcyorpolicfestobeis suedwiliconhAnexcuplionst)theUlowfndunlesnihesamearedisposedofto the satisfaction of the Company. SW loss or damngo, fnctudhg attorney loos, by lonnon of lie matters shown below: 1. Any facts, rights, interests, orctnimn which ate not shown by the public records but wldd, could nscer- tafned by an inspection of said land or by 111nking inquiry of persons in possession thereof. 2. basements or claims of ennemenl wh & n,e not ::hewn by the public. records. 3. Discrepanchneonflictsinboundarylinn s,3horinrjeill, tfon, rncronchmentsandanyotII �rfactswhfch a correct survey would disclose, anti which nre not shown by public records. 4. Any water right or claims or title to water in, on or under tho Innd. 5. Any lien, or right to a lien, for service:,, Inbor or nrnterini heretofore or Ilerealter furnished, imposed by law and not shown by the public records. M Defects, liens, encumbrances, advomo cl:lms or other nrnttem, if any, creatod, first appearing in the public records or attaching sullseguent to the effeclive (into het cof but prior to the date :he proposed insured acquires or record for vame. w U :Into or interest rrr nmOgnue thereon covered by this Commitment. 7. Taxes duo and payable; and any tax, special agr:assmonfs, charge or Hon Imposed for wafor or sower sory Ico, or for Tiny other her special taxing district. 0. Right of the Proprietor- of a Vo In or lode to extract and removo his oro -fhorof rom, should the same be found to penetrate or I ntorsect the premises hereby grantod, as roservod in United Sfntos Paden- recorded August 1, 1005, in Book 20 at Pago 1; April 8, 1009, In Book 20 at Page 33; November 17, 1095, in Book 136 at Pago 53; December 24, 1902, In Book 55 at Pago 1 1 G; December 22, 1909, In Book 136 at Page 365 ; May 2.0, 1949, In Book 175 at Pago 159-163 and 165-160. 9. Right of way for ditchos or canals constructod by the authority of -Iho United States, as rosorvod In United States Patent rocordod Novembor 17, 1095, In Bodc 13G at Pago 53; December 22, 1909, In Book 136 at Pago 360 and May 2.0, 1949, In Back 175 at Pago 159. 1 10. Casements and rights of way for access and siopo grading purposes as granted by Smuggler Durant Mining Corp, to Centennial Partners, Ltd., by Instrument recorded January 25, 1985, In Book 480 at Pago 494. 1 1 , Easemonts and rights of way for road and utility purposes as set forth In Mutual Road ,and Utility Casement Agroorrlon-i botweon Smuggler Durant Mining Corp, and Fidelity Trust Building, Inc, recorded August 30, 1985, In Book 572 at page 70. (Continued) f-.Xc.options nunthol ;111! holebv milifled. Cornmlfmonf No. 401331 -C EXCEPTIONS - continued O 12. Easement's and rights of way for road and ut l l l fy purposes as sit forth In Mutua l Road and UT I I If Easonun t and R I gh-I of May Agroernen-I he l-ween Smuggl or Durant Mining Corp, any! r I de I I ty Trust Uu I I d I ng, Inc.. recordod May 25, 1909, in Book 593 at rage 352 and rerecorded May 26, 1909, In Book 593 at Page 429. 13. Terms, agreements, provisions, conditions and obligations as contained In Utll Ity Easement- Agreenr.nt belwoen Barbara Stornor, of al and Smuggler Durant Mining Corporation, recorded August 30, 1900, In gook 572 at Page 72. and January 24, 1989, in Took W at Page 241. 14. Any and all exceptions, exclusions and reservations as might be contained in the United States I es Patents contemplated by Roqul rorr�ont No. 1 under Schedule B-1 of this Commitment, 15. Any and all unredrorned tax sales. NOTE: Upon receipt of a Corni_ficate of Taxes Duo evidencing that there are no exlsting open tax sale;, the above exception will not appear on -the policies to be Issued hereunder. fill .. PYL NI -Ij MIER oY' �<.__�; .�/ \- �v' Il\-, ID�I�CJ[l„UD ��;�.�.J DD D[��� � • IIll'T J nu LYW �v--�--- z, ooDDDUsDDDU U �/�_ -�-` 3: �D i. // � Iaanio rur�-r� -- \ r���• i� C� .�'----__----f- TAX DISTRICT - 6 FUND 1-BU 1990 LEVY GENERAL 4.716 ROAD 8 BRIDGE 0.315 SOCIAL SERVICE 0.102 OPEN SPACE E TRAILS 2.500 COLO NTN COLLEGE 4.808 COLO RIVER CONS 0.429 JAIL DEBT SERVICE 0.526 HOUSING G.O. BONDS 0.306 CITY OF ASPEN 5.401 ASPEN FIRE 1.207 ASPEN VALLEY HOSPITAL 0.595 ASPEN CONSOLIDATED SAN 0.967 LIBRARY FUND 1.377 AHBULAUCE DISTRICT 0.396 ASD-GENERAL 12.367 ASD - BOND 2.949 TOTAL 38.961 E`HIBIT E 13AICINER November 26, 1991 Randy Wedum WAW Partners, Inc. 616 E. Hyman Ave. Aspen, CO 81611 RR: WILLIAMS RANCH SUBDIVISION Dear Randy: 00NtiULTIN0 LNUINHHRB E ARC"ITBCTB [TANNER ASSOCIATES, INC. 2777 C oanloads nouievard Grand Junallon, Culorado 81506 (3U3)243-2242 FAX (303)243-3610 60 East Main, Suite 6 A5.ren, Colorado ditit 1 (303) 925.5857 Pursuant to your request, I have performed a preliminary investlgatioa regarding utilities and access to your proposed development. The conclusions to that investigation are contained here. Additionally, I have contacted the local utility companies (correspondence attached) to verify service capacity for your project. General The proposed project is located east of Centennial Housing at the base of Smuggler Mountain. The site is currently within Pitkin County, but is in process to be annexed into the City of. Aspen and a portion of the acreage will be rezoned to Affordable Housing (AII). The site vegetation consists mainly of native grasses and shrubs. The topography of the site ranges from approximately 8 to 10 percent slopes on the western portion to approximately 25 Percent at the southeast portion of the site. Access Access to the proposed project is via two routes. It is proposed to extend exi3ting Spruce Street to the north and east for one route. The other proposed access is off of Smuggler Mountain Road, across Gibson Park via an easement from Pitkin County. Additional access to the multi -family portion of the project will be via Teal Court through the Centennial project. By use of the varied access points, traffic impacts from thi ; project will be distributed as opposed to concentrated at one point of ingress/egress. It will be important to secure these access routes through easement/right-of-way agreements with the appropriate property owners. Banner Associates will work with you to solidify the multiple access points for this project as the planning process progresses. Water and Sanitnry Sewer Due to the proposed project being immediately adjacent to the existing Centennial IIousing, water and sanitary sewer exist to serve this project. I EXHIBIT F 13A.iVnIIER November 26, 1991 Williams Ranch Subdivision Page Two An eight inch sanitary sewer main exists at the northwest portion of the grope► ty which can serve the proposed development. Current capacity exists at the Aspen Consolidated Sanitation District treatment plant to accommodate this project. There will ,teed to be a financial rebate to tht developer of Centennial for tying into the existing system. Water service exists to the property via an existing 12 inch water line install A as part of the Centennial project.. In order to serve this project, an eight inch extension to this line will need to be installed. There is currently a water main extension moratorium within the City of Aspen. It will be necessary to request from the Aspen City Council an exception to this moratorium for purposes of this project. Additionally, there will b.: a financial rebate to the developer of Centennial for use of this water main. Private Utilities Natural gas, electric, telephone and cable television set -vices exist to Centennia. It will be necessary to extend these services from Spruce Street to serve this project. T ►ese set -vices can all be placed within existing right-of-ways to avoid the need for addit onal off -site easements. This brief preliminary investigation shows that no major capital impro\ ements need to be made for municipal services and access to the project site. As we pr _)gress in the project, Banner Associates, Inc. will be providing more specific information regarding the engineering aspects of the proposed subdivision. Should you have any additional questions or comments at this time, p] -ase feel free to contact me. Sincerely, Robert E. Daniel, Jr., P.T. Aspen Projects Director BANNER ASSOCIAITS, INC. Enclosure RED\clk wp-doc\8256\8256utiLace ROCKY MOUNTAIN NATURALGAS A UIVLIYI �N Uh ENENGV December 5, 1991 ..4. n...• I V DEC a 7 t i i F LJLT U 15 6 -------------------------- Banner Association, Inc. Attn: Robert E. Daniel, Jr., P.E. 605 East Main, Suite 6 Aspen, CO 81611 Re: Williams Ranch Subdivision Dear M-. n-a"Ic . Rocky M untain Natural Gas A Division f K N Energy, Inc. 401 27th Street P.O. Box 370 Glenwoc 1 Springs, CO 81602-0670 (303) 94! -8617 This is in reply to your inquiry concerning the Wi.11ia;is Ranch Subdivision. Please be advised that the project is wi-hin the service area of Rocky Mountain Natural Gas (RMNG). It is RMNG's understanding that if RMNG installs any f<I.cilities to serve this development, said facilities will be ins---alled on franchise property as governed by the franchise agreem(int. If some unusual circumstance arises that requires the installation of our facilities on a utility easement, the utility e<sement area must be accessible to the grantee for the purpose of construction, installation, maintenance, renewal, repa:.r and operation of pipelines installed thereon; therefore, g-�antor shall not construct nor cause nor allow to be construci:ed surface structures over the easement area. Surface structures shall include, but not be limited to, fences, walls, buildin(s of any type, shrubs or trees. All service provided will be si.bject to the tariffs, rules and regulations on file and upon coilpletion of contractual arrangements. We do not, however, consider this an application for nz.tural gas service for this developments- If she developer desire:: natural gas service, he must submit written applications for such service to the local RMNG distribution office. A decision wilt. then be made as to whether or not natural gas service can be r(�ndered. Very truly yours, Ray PaLh Aspen District Manager RP/sbj pc: John Wilson - Glenwood Springs i CONOULTINO ENGINEERS 1:. ARCHITECTS November 25, 1991 Mr. Larry Ballenger Director of Water City of Aspen 130 S. Galena St. Aspen, CO 81611 RE: WILLIAMS RANCH SUIIDIVISION ASPEN, COLOWWO Dear Larry: BANNER ASSOCIATES. INC. 2777 C ossroads Boulevard Grand Junc,on, Colorado 81508 003) 243.2242 FAX (303)243-3810 V 5 East Main, Suite 8 As;)en, Colorado 81611 (303) 925-5857 Enclosed is a copy of a preliminary boundary survey and site plan for the subject project. At this time, my client is preparing a submission to the City of Aspen for annexation and rezoning of the property to AIl. The project is located nort.reast of the existing Centennial complex. As a part of this submission, I need to provide a letter of availability of iervice from the Aspen Water Department. Please provide me with that letter and any additional comments that you deem pertinent. Should you have any additional questions or comments, please feel free to call. Sincerely, Robert E. Daniel, Jr., P.E. Aspen Projects Director BANNER ASSOCIATES, INC. Enclosure RED\clk wp-doc\8256\willsrv.h2o G1�a�--A CONt3ULTIN❑ HNOINEERS 1:. ARCHITECTS November 25, 1991 Mr. Tom Bracewell Aspen Consolidated Sanitation District 565 N. Mill St. Aspen, CO 81611 RE: WILLIAMS RANCH SUBDIVISION ASPEN, COLORADO Dear Tom: BANNER ASSOCIATES, INC. 2777 C ossroads Boulavaro Grand Juncion, Colorado 81.506 (303)243-2242 FAX (303(243-3810 G(.i East Main, Suite 6 As,ien, Colorado 81611 (303) 925.5857 Enclosed is a copy of a preliminary boundary survey and site plan for the subject project. At this time, my client is preparing a submission to the City o` Aspen for annexation and rezoning of the property to AII. The project is located nort (least of the existing Centennial complex. As a part of this submission, I need to provide a letter of availability of service from the Aspen Consolidated Sanitation District. Please provide me with that le --ter and any additional comments that you deem pertinent. Should you have any additional questions or comments, please feel fr e to call. Sincerely, Robert E. Daniel, Jr., P.E. Aspen Projects Director BANNER ASSOCIATES, INC. Enclosure RED\clk wp-doc\8256\wi11srv.ss "K33AWNER CONOULTINO UNOINO@RO 6 ARCMITUCT6 November 25, 1991 Mr. Mark Campbell United Artists Cable Vision 201 AABC Aspen, CO 81611 RE: WILLIANIS RANCII SUBDIVISION ASPEN, COLORADO Dear Mark: BANNER ,.SSOCIATES, INC. 2777 Cr,ssroeds Boulevard Grand Junctn(1, Colorado 61b06 (303) 243-2242 FAX (303)243-3610 60` East Main, Suite 6 Asl.-.on, Colorado 61611 (303) 925-5857 Enclosed is a copy of a preliminary boundary survey and site plan for the subject project. At this time, my client is preparing a submission to the City of Aspen for annexation and rezoning of the property to AII. The project is located northeast of the existing Centennial complex. As a part of this submission, I need to provide a letter of availability of ,service from United Artists Cable Vision. Please provide me with that letter and and additional comments that you deem pertinent. Should you have any additional questions or comments, please feel free to call. Sincerely, r—i?- , — �. Robert E. Daniel, Jr., P.E. Aspen Projects Director BANNER ASSOCIATES, INC. Enclosure RED\clk wp-doc\825 6\wi l is rv. tv _ Irrrr.rrr. CONSULTING ENOI1YEHR9 G ARCHITECTS November 25, 1991 Mr. Gary Gibson U.S. West Communications P.O. Box 220 Glenwood Springs, CO 81602 RE: WILLIAMS RANCH SUBDIVISION ASPEN, COLORADO Dear Gary: BANNER ASSOCIATES, INC. 2777 C owoads Boulevard Grana Junct,on, Colorado e15o6 (303)243.2242 FAX (303)243-3910 6( 5 East Mal-, Suite 6 As jen, Colorado 81611 (303) 925-5857 Enclosed is a copy of a preliminary boundary survey and site plan for the subject project. At this time, my client is preparing a submission to the City of Aspen for annexation and rezoning of the property to AII. The project is located northeast of the existing Centennial complex. As a part of this submission, I need to provide a letter of availability of .ervice from U.S. West Communications. Please provide me with that letter and any additional comments that you deem pertinent. Should you have any additional questions or comments, please feel frea to call. Sincerely, Robert B. Daniel, Jr., P.C. Aspen Projects Director BANNER ASSOCIATES, INC. Enclosure RED\clk wp-doc\8256\willsrv.usw FIOLY (-]Ross I I J( 1 I.I /N SS Ifs. r ON, I N C . 3799 )WAIWAY 82 1'. 0. DRAWER 2I50 GLI'NWOOD SPRINGS, COU)RADO 81602 December 2, 1991 Mr. Bob Daniel Banner Associates 605 East Main, Suite 6 Aspen, Colorado 81611 RE: Williams Ranch Subdivision Dear Bob: (303) 94 5 -5 49 1 FAX: 945-4081 PEC 0 41 1 f" �1) The above mentioned development is within the certificzted service area of'Holy Cross Electric Association, Tnc. Holy Cross Electric Association, Inc. has existin power facilities located on or near the above mentionedl:projcct. These existing facilities have adequate capacity to provide Electric power to the development, subject to the tariffs,;rulei and regulations on file. Any power line enlargements, relccations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cros: Electric Association, Inc. upon completion of appropriate contrzctual agreements. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS EL Jef y A. F nke, Stak ng Engi eer JAF: rjm ASSOCIATION, INC. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Kim Johnson, Planning DATE: February 18, 1992 RE: Williams Ranch AH Development Site Visit and Worksession ----------------------------------------------------------------- ----------------------------------------------------------------- Introduction: This project is the subject of an annexation application which will be heard at the March 9, 1992 City Council meeting. A public hearing is scheduled on March 17 before the Planning Commission on the zoning of this parcel to AH Affordable Housing. Prior to the Commission's formal consideration of zoning to AH, the applicant and staff would like to discuss the development concept currently being considered by the applicant. This workshop setting will give the project team a better feel for issues important to the Commission before discussions in a public hearing forum. Project Description: The site is approximately 12.7 acres located on the bench and hillside above the Centennial multi -family housing project. Please see attached application package for location information and conceptual site plan / subdivision layout. The parcel is currently in the County with R-15 PUD and AF-1 zoning. The applicant requests zoning the land to AH Affordable Housing, which allows a mix of up to 300 of the units to be free market, exempt from growth management competition. The proposal consists of affordable housing in the form of 34 townhouses (1,2,3 and 4 bedrooms, at categories 1,2 and resident occupancy) and four single family lots (resident occupancy). The free market component consists of 16 single family lots. Surrounding land uses include the 140 unit Centennial employee housing complex to the west and south, the Smuggler Mine to the southeast, 3-4 large lot residences to the north, and undeveloped open space up the mountain to the east. The plan calls for three access points via upper Spruce Street, through the middle area of the Centennial complex, and from lower Smuggler Road. Worksession Issues: For this worksession, staff has prepared the following list of the issues that we have considered regarding this site and the proposed development: Roadway access: The access issue is of importance because of the proposed densities. Three access points are delineated to disperse ingress and egress throughout the surrounding neighborhoods and to provide looped roadways to facilitate emergency access. For the Spruce Street access serving the single family lots, the applicant has indicated that an access easement exists from the end of upper Spruce and along the northern boundary of the Centennial site. Staff has received comments from two neighbors who use this access easement. They assert that the Williams Ranch property has no right to this easement. The applicant is seeking an opinion from the City Attorney regarding the wording of this easement document and whether it gives access rights to the proposed development. The Centennial access is proposed through the center of the complex at the upper end of the Teal Court parking area. The Williams Ranch parcel has a non-specific access easement through Centennial. Staff is concerned that the traffic for the multi -family portion of Williams Ranch is drawn through the parking lot of an existing dense residential project. The applicant is urged to consider other location options within the allowances of the Centennial access easement. The smuggler Road access is shown coming off of the third switchback on lower Smuggler road. The applicant is seeking access easements across the upper portion of the County owned Molly Gibson Park. An obvious concern of staff is that the park is designated as the EPA repository for contaminated mine soils. The proposed road is above the actual containment area but still within the EPA site. The Smuggler Mine is upslope from the park. According to the applicant, access across the bench through the park land is sought to reduce visual impact of a road cut. They state that the land on Smuggler Mine property is more sloped and would result in a larger, more unsightly road cut. Bud Eylar, the County Engineer has indicated that the Board of County Commissioners will discuss the Smuggler Road access at a worksession on March 2, 1992. The issues to be discussed are the following: 1) use of County park land for access to a residential development; 2) use of lower Smuggler Road by the proposed residential densities and the road's substandard grades and switchback radii; 3) Smuggler Road as a designated scenic roadway and limitations on improving it to levels required by proposed development; 4) increased use of Smuggler Road (and any potential improvements) may spur development pressure on Smuggler Mountain. Additionally, if access through the park is found not to be an option, the County must determine what level of access is allowed by right through the Smuggler Mine property. Housing types and restriction categories: The total estimated population of this proposal is 148 residents, with approximately 92 generated by the employee units. The Housing Authority Board has discussed the proposal and has made recommendations to the applicant and staff. Their major concerns were the high density as proposed and the need to create quality housing for families. The Board suggested that the applicant provide category 4 lots for single family and/or duplexes. They were not in favor of creating more than one or two resident occupied lots. They also expressed KJ that fewer category 1 townhouses be included in the mix, and that they were not very interested in townhouses restricted to resident occupancy. Planning staff believes that the current configuration acts to segregate employee housing into the townhouses. The applicant feels that providing a majority of category 1 and 2 units is the most appropriate for current market demands. Dave Tolen from the Housing Authority will be present at the worksession. Open Space and visual impacts: The AH zone requires that open space for building sites is established by special review. As proposed, staff believes that this project lacks open space in tracts large enough to be viable activity areas for the intended family users. This is especially true considering the affordable units are relatively dense townhome clusters. Staff likes the concept of placing parking behind the multi -family buildings which gives open exposure to the south. The application states that the project will be working to develop links to the existing tails system. The Salvation Ditch runs through the parcel and is shown to be manipulated into a water feature within the townhome area. The townhomes are clustered on the fairly flat bench in the lower portion of the Williams Ranch development. The topography rises as steeply as 26% upslope from the townhomes. The 20 proposed single family lots are fanned out behind and to the sides of the townhomes. Staff is concerned that maximum buildout of these lots will create a visual "wall" along the hillside, being very visible from downtown. It is recommended that clustering lots and varied setbacks around open spaces be considered to reduce the "wall" effect. Other concerns: Staff has proposed that the applicant strongly consider requesting a PUD overlay along with the rezoning to AH. This would allow for a list of variations, including building envelope setbacks especially applicable to the single family lots. As this is the second private sector AH project with a deed restricted/free market mix, attention should be given to the issue of timing of the affordable components. The AH zone language in the Code is silent on this subject. Options might be (but are not limited to) tying issuance of building permits of free market homes to deed restricted building permits on a percent phasing, tying restricted building permits to free market lot sales on a phased basis, holding free market lots as security for affordable development, or developing al-1 deed restricted housing up front. Recommendation: Staff recommends that the Commission discuss the development concepts of this project in order that the applicants readdress the proposal in light of the Commission's areas of concern. 3 WILLIAMS RANCH ANNEXATION LEGAL DESCRIPTION 8675 A TKACT OF LAND 51TUP\TE0 IN THE NORTI-IWE5T QUARTER OF THE \ 50UTHEA5T QUAKTEK OFSEGTION ], TOWNSHIP 10 SOUTH, KANGE 54 U/E51 86,50 OF THE 51XTH FRINGI PAL MERIDIAN, BEING A PORTION OF TH05E LANDS 6�Jr FATENTED P'5Y U.K. WILLIAM5 ON OGTof5EfZ 26, Igo2, PITKIN COUNTY, COOfzAfX7, MOKE FULLY DE3CKI13ED A5 FOLOW5' N `4 9 7 00 0 N ? - �� y DEGINNING AT A POINT ON THE F-A5T-WE5-1 CENTEKLINE OF SAID 5ECTION 7 \ N N <� O O ati 8s — AND ALSO ON THE DELLA 5. COMPI3OM15E LINE WHENCE THE CENTEfz OF \ y O �� Q ,.� �`�g�� Q Q BS `$ _ _ _ -_ `�\ID SECTION % A 6. L M. �;A55 CAP DATED 197� 6FAfz5 N8�'53'OC \k/ I I r \ O O O Q� `5` c9 `SQ 11. 35 FEET, a i v O �` O s HENCE 58b 53 O6, E b50.29 FEET ALONG 5AID CF-NTF-KLINE- - 4 O F- hhO �s THENCE 533 5�'00"551 15 FEET TO THE NTE95ECTION WITH THE WEST CU \ q �' LINE OF U-5. MINEKAL SURREY NO. 7883 AM, PK1DE of aSFEN, I N LS \ Qn I �IDENTICAL WITH THE NOKfH-50UTH I/I& LINE OfTNE SOUT�IEI�ST I V� O QUAKTEiz OF 5AID SECTION 7 THENCE 50000I '54" E 510•Cn3 flff ALONG 5AID WEST LINE AND THEN I A CH A TIC► ALONG S)AIO I/IG LINEj b THENCE 5557/ 23b. g2 t--EET 70 THE INTERSECTION{ WITH THE DELLA ,�). COMPROMI5E LINE; C X 1 O �<� THENCE N34,i6'25"W 135o.D0 FEET ALONG SAID COMiROM15E LINE TO THE POINT OF BEGINNING/ 00 1 `°cQo " CONTAI NI NG 12.Gb,;2 XKE5, MOKE OF, LE�5. (� 9 2o- 1' W O 4C a F-1 ul 0Z qEJ _ II BOUNDARY TABULATION X �\ TOTAL ANNEXATION BOUNDARY FE�I 1 EY-UNDA4Z CONTIGA"5M ASFEN 1350 00 FEET \ ! F I O. o PERC�NTP�E O CONT CCU I TY LI 9O 33.0 498,000 � �� � � 1 CITY OF ASPEN APPROVAL N /\ U �• �' � � I THIS WILLIAMS fzANCH ANNEXATION WA5 APFhOVED >3Y THE CITY COUNCIL OF THE CITY OF A51'EN PITKIN COUNTY, COLOfKADO 5T- OZDINANCE. NO. ---- -- ------ , 8ERIE5 OF 199-- PASSED THE ----DAY OF------------- i\� O _ ATTEST' --------- ---- MAYOR CITY CLF-KK � i I l i � 1 � � � O ties /X \ 4 ,�� I ACCEPTANCE FOR RECORDING TH15 MAP OF THE WILLIAM12 RAI�CH ANNEXATION WAS AOUTPD FOR O \ i FILING IN THE OFFICE OF THE CLERK AND f�ECOPDEK OF PITKI N COl1NlY, COLOKApO ON THE DAY OF----------------- I()9--- IN PLAT FCCK ---------- AT PAGE. uNDEF! RECEPTION No. %� O I J CLERK A.INL (�ECOK-DE?- 0 0 Oo 0 Oo OO Oo 0 o00 o SCALE I ]N a MO FT rKEPARED 1W ALPINE 5URVEY5, INC., 60X 1730, A5PEN, CO £?I( IZ 8075 - ' ' .•; -• ,,,•� PROPERTY LINE r, � - � r � Y' / ♦ - = � sL r -%. -:; � Ids 8050 W S LL PQ,�� RA H DR i) ' (• ' .! ' LLLJ -t v ,y - 1 PARKING 8025 41 / PROPERTY ,LINE 2 ' �;,� R.O. 12 UN TS' 1 4 PARK ♦ --- — L J POND - tDAVID'S COURT ^•� ' ♦ . . 1` 1 PRO P. 11 UNITS — F kL aPROPERTiLINE IRRIGAT l �\ SITE PLAN \ SCALE ; 1°= 50'-�0" !� \� COWENHOVEN TUNNEL 11 /23I91 WILL=AMS RAr• <--, AS PFN COLOR /-,ID L$NE WEDUM - VON BREWER ARCHITEC13 ARCHITECTURE / PLANNSNG 6 1 6 E_ HYMph, N — Si S-7,E ' O 2 ' O1:z0%1:)O t ti �K 37 �9 ANNEXATION MAP IFFOR THE SILVERLODE-WILLIAW . ' ^NCH PARCEL, PITKIN COUNTY, COLORADO Silve,-jb17 S a wF'l yam \0 1�is 7 a K 4 3_3e) pa�,es C 1/4 SECTION 7 C-E I/Iu SECTION 7 CEN T ENNI q L 8001( 17, PAIGE 7 BANNER ASSOCIATES, INC. 0 CONSULTING ENGINEERS U SURVEYORS • . e 3 3oo�i6 31^ E S 34' 13' 56" E 10,03, FOUND SANDSTONE I/4281 FOUND SANDSTONE DELLA S., SMUGGLER FEET 100 0 100 FEET GRAPHIC SCALE SCALE: I INCH 100 FEET LEGEND B.L.M. MONUMENT, 3 1/2" ALUMINUM CAP ON 2 1/2" ALUMINUM PIPE MARKED T.10 S., R.84 W., 6th P.M., 1978 RED SANDSTONE CLAIM CORNER 5/8" REBAR WITH 1 1/2" DIAMETER ALUMINUM CAP MARKED BANNER, INC., 20632 5/8" REBAR WITH YELLOW PLASTIC CAP MARKED TRI-CO L.S. 9184 LEGAL DESCRIPTION OF SILVERLODE-WILLIAMS RANCH PARCEL An Irregular tract of land known as The SILVERLODE-WILLIAMS RANCH PARCEL of the Smuggler Mine Subdivision and also located In the SE 1/4 of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, County of Pltkln, State of Colorado, being more particularly described as follows: Beginning at o point of Intersection of the East-West one-fourth line of said Section 7 and the Della S. Compromise Line whence the Center 1/4 corner of said Section 7 bears N 88' 53' 34' W, 311.35 feet; I. Thence S 88" 53' 34" E. 658.51 feet; 2. Thence S 33 46' 27" E. 439.96 feel; 3. Thence S 32' 32' 35" E. 102.19 feet; 4. Thence S 00' 00' 56' W. 254.21. feet to a BLM monument, Corner No. 1, MS 7883; 5. Thence S 00' 00' 56" W. 259.42 feet; 6. Thence S 55' 14' 43" W. 241.60 feet; 7. Thence N 34' 13' 57" W. 1349.76 feet to the Point of Beginning. The SILVERLODE -WILLIAMS RANCH PARCEL as described above contains 12.774 acres more or less and has a perimeter of 3305.65 feet. TABULATION OF BOUNDARY DIMENSIONS 1. Total Annexation Boundary .................. 3305.65 feet 2. Boundary contiguous to The City of' Aspen... 1349.76 feet 3. Percentage of Contiguity ................... 40.83 % 1` CITY OF ASPEN APPROVAL This Annexation Map for the SkO=Pt6BE-WILLIAMS RANCH PARCEL of the Smuggler Mine Subdivision as shown hereon was approved by the City Council of The City of Aspen, Pltkin County, y._ Colorado by OA4aan♦e Number erles i 199�, Passed the � jA1 doy of A.D., 199*0- By: �... Mayor, ty of Aspen �J - C�l W Clerk, City of Aspen ACCEPTANCE FOR RECORDING This Annexation Map for the SIL VERL ODE-WILLIAMS RANCH PARCEL of the Smuggler Mine Subdivision as shown hereon was accepted for fili g In the Offlc of the Clerk and Recorder of Pitkln County, Colorado on the �d-ayy of Cla . A.D., 1995 and was duly filed/ in Plat Book �7-at Page 1� and r Reception ceptlon Number ,� �� i "1 Clerk and Recorder of Pltkln County Kgzkvis►'N7:iF�flpl:�Il��isl I, Wallace E. Beedle, a Professional Land Surveyor, licensed under. t a laws of the State of Colorado, do hereby state that I am an employee of. ssoclotes, Inc. and that the Annexation Map for the SILVER LODE -WILLIAMS ARCEL of the - Smuggler Mine Subdivision as shown hereon was prepared by myself and undldr ' supervision from certain plats of record which were p_r�ed- from field surveys supejvise by myself and that such map is true and correct my knowledge and Alief A190 P ANNEXATION MAP FOR THE SILVERLODE-WILLIAMS RANCH PARCEL OF SMUGGLER MINE SUBDIVISION, PITKIN COUNTY, COLORADO D., 1995, SCALE: JOB NO: DATE: I. 100' 8256-II 7.18.95 SHEET NO: of i I N� f / E ION' 7, O 1 , K6 W, 6TK f-M 33.0 i \\ \ o k X 28.5 PP 88 D O 7,95 4 89 II I� 86 7, 1 `\� 6 650 cp v'3 ` w N ( 4997000 N c5)-- co h� c.P �5` O O S O O �S J o S1 ' 00 0 WILLIAMS RANCH ANNEXATION LEGAL DESCRIPTION A TKACT OF LAND 51TUATED IN THE NOKTI-IWE5T QUARTER OF TEE 50UTHEA5T QUAKTEK OF SEGI ION 7, TOWNSHIP 10 50UT-I, (MANGE 5� WEST OF THE SIXTH PKIN(,I PAL MEKIOIAN, 5EING A POKTION OF TH05E LANID- PA -TENTED 13Y U.I\. WILLIAM5 ON OCToE5EfZ, 26, IG)021 PITKIN COUNTY, COLOKI-Nm/ MORE FULLY DE5CKI13EIO A5 FOLOW5 DEGINNING AT A POINT ON THE FA5T-WE5T CENTEKLINE OF SgID .5ECTION 7 AND ALSO ON THE DELLA 5. COMI-FUM15E LINE WHENCE THE CENTf=1z OF AID SECTION 7, A b- L.M. FRAS� CAP DATED 197%, BEAKS NBb*53'oCo°W I1.35 FEET; HENCE 56653106,`E b50.29 FEET ALONG SAID CENTERLINE; THENCE 533 57'00" F- 551..15 FEET TO THE INTE95ECTION WITH THE WEST LINE OF U.5. MINErAL 5UKVEY NO, 7653 AM, PRIDE OF A5PF-N, IDENTICAL WITH THE NORTH-SOUI-H 1/ICn LINE Of THE SOUTHEAST QUAKTER OF SAID SECTION 7/ 7HENCE 500.OI '54" E 510• Ca3 fffif ALONG 5AID WEST LINE AND THEN ALONG SAID I/ICo LINE/ /i THENCE 55541'35 W 23b. g2 T EET -U THE INTERDECTION WITH THE DELLA D. COMI'ROM15E LINE; 15 s9y THENCE N 34* Ig'25"V✓ 1350.00 FEET ALONG SAID COMPRoMI5E LINE TO THE F70INT OF .SECGINNING; 1 mac` CONTAINING ACKE5, MOKE Of, LE-�)5. o / 11 �o I' BOUNDARY TABULATION \ v� I TOTAL ANNEXATION BOoNPARY 3 p0.(3�) FEE•T DOUNOAf� CONTI&"5 Tl` A-5PEN 1350.00 FEET PERCENTAGE OF GDNTIWITY 4987000 t 11 CITY OF ASPEN APPROVAL THIS WII HAMS RAI,,r" ANNEXATION WA5 AFPhOVFP 5Y714E CITY COUNCIL OF THE CITY OF A5PEN, PITKIN COUNTY, COL-0IzADO 53 - OKPINANCE i NO. ________ _____ _ SERIi-`a OF 199-- FA55ED THE ---- DAY OF -------------- ATTEST - -------------------- - - �� MAYO K CI TY CLEK K ACCEPTANCE FOR RECORDING / II i I � TNI�, MAP OF THE WILLIAM15 fzAf`CH ANNEXATION WA5 A0EPTF17 FOR QI FILING IN THE OFFICE OF THE CLERK AND KECDFPDEK OF PITKIN COUNTY, COLOKA\IDO ON THE -------- DAY OF----------------, 199--- IN I-LAT 1300K OI IA ---------- J1T PPOE _______-- UNDER FECF-PTION NO. T I \\\ ►� �\ I� - \� CLERK AND KECOF-PEP- \ � �\ II \ V �i I ��\ I N I v� II ON•r C)\ 1 SCALE I 0 N 100 FT PREPAtZED 6Y ALPINE SUIz\(EY5, INC., 60X 1730, A5PEN, CO t?1612 �« .s •,.. sr ,� E/R.O', F \ E/R.O. �. \:.' E1R.0, � ! r E P. \ �� E/R.O. / \. E/R'.O. R.O. 4 OPEN F EIv, OPEN